Details for HILLNOTICE OF SUBSTITUTE TRUSTEE`S SALE WHEREAS
SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust dated October 13, 2006, executed by Donnie Wayne McBay, single, and Adaire S. Mohiuddin, single, to J Phillip Jones, Trustee, for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for U.S. Bank N.A., its successors and assigns., its successors and assigns, and appearing of record on October 16, 2006, in the Register's Office of Franklin County, Tennessee, at Book T858 Page 399 and Instrument Number 06017779.
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. BANK NATIONAL ASSOCIATION, the party entitled to enforce said security interest; and having appointed Clear Recon LLC, the undersigned, as Substitute Trustee by instrument filed or being filed for record in the Register's Office of Franklin County, Tennessee, with all of the rights, powers, and privileges of the original Trustee named in said Deed of Trust.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust, and that the undersigned, Clear Recon LLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty, and authority vested and imposed upon said Substitute Trustee will, on November 4, 2019, at 1:00 PM, local time, at the South Door of the Franklin County Courthouse, located in Winchester, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, paid at the conclusion of the sale, the following described property situated in Franklin County, to wit:
The land referred to herein below is situated in the County of Franklin, State of Tennessee, and is described as follows:
A certain tract or parcel of land located in the 4th Civil District of Franklin County, Tennessee, and being more particularly described as follows, to wit:
BEGINNING at an iron spike and cap in the center of the paved road, said point being common to the Southwest corner of the property herein described and the Northeast corner of the Putman property, running thence with fence along the Putman line South 47 degrees 10 minutes East 359 feet to an iron pin; thence North 55 degrees 42 minutes East with Russell's line 409.5 feet to a spike and cap in the center of paved road, thence with the center of said road North 16 degrees 41 minutes West 57.6 feet, North 29 degrees 27 minutes West 54 feet, North 35 degrees 08 minutes West 90 feet, and North 61 degrees 49 minutes West 330 feet to a spike and cap in the intersection of this road with paved road leading to Huntland; thence with the center of the road leading to Huntland, South 34 degrees West 374 feet to the point of beginning, containing 3.95 acres, more of less.
DESCRIPTION WAS COPIED FROM PREVIOUS DEED. NO NEW SURVEY WAS PERFORMED.
Being the same property conveyed to Grantors by deed of even date being recorded in Deed Book 347, Page 357, Register's Office for said County.
The real property described in this deed includes as an improvement to the land set forth herein a Mobile Home permanently affixed to such land. VIN #PH164461AB, Make: Palm Harbor, Model: 6060 Mundy H/C, Year: 1999, Hud Certification: PFS593580 & PFS593581
Parcel ID: 123-065.01
Commonly known as 88 Old Beans Creek Rd, Huntland, TN 37345
The street address and parcel number(s) of the above described property are believed to be correct; however, such references are not a part of the legal description of the property sold herein, and, in the event of any discrepancy, the legal description herein shall control
Current Owner(s) of Property: Donnie Wayne McBay and Adaire S. Mohiuddin
Other Interested Parties:
This sale is subject to tenant(s)/occupant(s) rights in possession.
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Donnie Wayne McBay; Adaire S. Mohiuddin.
If the United States or the State of Tennessee have any liens or claimed lien(s) on the Property, and are named herein as interested parties, timely notice has been given to the applicable governmental entity, and the sale will be subject to any applicable rights of redemption held by the entity as required by 26 U.S.C. 7425 and/or Tennessee Code 67-1-1433.
All right and equity of redemption, statutory and otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good; however, the undersigned will sell and convey only as Substitute Trustee.
The transfer shall be AS IS, WHERE IS, AND WITH ALL FAULTS, and without warranties of any kind, express or implied, as to the condition of the Property and the improvements located thereon, including merchantability or fitness for particular purpose. Trustee shall make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee's Deed only.
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS OFFICE IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Clear Recon LLC
651 East 4th Street
Chattanooga, TN 37403
Phone: (877) 319-8840
File No: 1292-1141A