NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated March 16, 2009, executed by MELANYE D. PADGETT,
conveying certain real property therein described to CHARLES E. TONKIN, II, as Trustee, as same appears of record in the Register’s Office of Overton County, Tennessee recorded March 20, 2009, in Deed Book 64, Page 85-92; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and
WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Overton County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, 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 August 16, 2012 at 11:00 AM at the Front Entrance of the Overton County Courthouse, located in Livingston, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Overton County, Tennessee, to wit:
LYING AND BEING IN THE FIRST (1ST) CIVIL DISTRICT OF OVERTON COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST BOUNDARY LINE OF THE BILLY REED PROPERTY OF RECORD IN BOOK 212, PAGE 432, REGISTER`S OFFICE FOR OVERTON COUNTY, TENNESSEE, SAID POINT BEING NORTH 08 DEGREES 06 MINUTES EAST, 187.13 FEET ALONG SAID BOUNDARY LINE FROM THE SOUTHWEST CORNER OF SAID BILLY REED, SAID SOUTHWEST COMER IS 25.0 FEET OFF THE CENTERLINE OF HIGHWAY 293; THENCE WITH NEW LINES, NORTH 87 DEGREES 30 MINUTES WEST 125.42 FEET TO A POINT THAT IS 8.0 FEET EAST OF CURTIS REED`S EAST BOUNDARY LINE; THENCE PARALLEL TO AND 8.0 FEET EAST OF CURTIS REED`S EAST BOUNDARY, NORTH 05 DEGREES 32 EAST, 249.95 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF KEVIN REED PROPERTY OF RECORD IN BOOK 243, PAGE 88, REGISTER`S OFFICE FOR SAID COUNTY; AND BEING 8.0 FEET EAST OF THE CURTIS REED`S NORTHEAST CORNER; THENCE WITH KEVIN REED`S SOUTH BOUNDARY, SOUTH 87 DEGREES 10 EAST, 136.58 FEET TO THE NORTHWEST CORNER OF SAID BILLY REED PROPERTY; THENCE WITH SAME SOUTH 08 DEGREES 06 MINUTES WEST, 250.00 FEET TO THE POINT OF BEGINNING. THERE IS A 30 FOOT INGRESS AND EGRESS EASEMENT EXTENDING ALONG THE EAST BOUNDARY OF GRANTOR FROM HIGHWAY 293, NORTHWARD TO THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT. THE PREVIOUS AND LAST CONVEYANCE BEING A SPECIAL/LIMITED WARRANTY DEED FROM DEUTSCHE-BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST SERIES 2006-5, TO MELANYE PADGETT FILED OF RECORD IN RECORD BOOK 64 PAGE 82 ,REGISTER`S OFFICE OF OVERTON COUNTY, TENNESSEE. Parcel ID: 96-19.05
PROPERTY ADDRESS: The street address of the property is believed to be 360 TOMMY DODSON HIGHWAY, COOKEVILLE, TN 38506.
In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
CURRENT OWNER(S): MELANYE D. PADGETT
OTHER INTERESTED PARTIES:
The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee.
This sale may be rescinded at any time. 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. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin TN, PLLC,
119 S. Main Street, Suite 500
Memphis, TN 38103
Tel: (877) 813-0992
Fax: (404) 601-5846
July 24, 2012
July 31, 2012
August 7, 2012