Details for Trustee Sale, Difalco



Default having been made in the terms, conditions, provisions and payments made and provided for in a Deed of Trust dated May 3, 2016, executed by James Howard DiFalco, unmarried, to Anthony R. Steele of Knox County, Tennessee, Trustee, and recorded in Book 161, Page 786 in the Register’s Office for Overton County, Tennessee, to secure the indebtedness therein described to Vanderbilt Mortgage and Finance, Inc., and the entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful owner and holder of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument dated August 6, 2019, recorded in Book 211, Page 91, in the above mentioned Register’s Office, notice is hereby given that I, the undersigned substitute trustee, or my designated agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Tuesday, September 17, 2019 at 3:45 p.m. at the East door of the Overton County Courthouse located in Livingston, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land more particularly described as follows, to-wit:

Lying and being in the Sixth Civil District of Overton County, Tennessee and being more particularly described as follows:

Being Lot 4 of the Larry Savage Division Phase II, field of record in Plat Cabinet B, Page 95C, Register’s Office, Overton County, Tennessee.

Together with that certain 2016 CMH manufactured home, Serial No.: CAP029688TNAB.

DEED REFERENCE: Being a part of the same property conveyed by Warranty Deed from Terry C. Rutherford, surviving tenant by the entirety of Ellen L. Rutherford, to Larry Savage and wife, Judy Savage, dated November 15, 2006, of record in Book 26, Page 125, Register’s Office, Overton County, Tennessee.

Also being the same property conveyed by Deed from Larry Savage and wife, Judy Savage to James Howard DiFalco dated May 3, 2016, of record in Book 161, Page 783, Register’s Office, Overton County, Tennessee.

Also being the same property conveyed by Quitclaim Deed from James DiFalco to Joyce DiFalco and James DiFalco, a married couple, dated May 26, 2018, of record in Book 198, Page 796.

Subject to any and all existing ROW, easements, setback lines and restrictive covenants of record in said Register’s Office including the restrictive covenants of Larry Savage Subdivision, Phase II, and to all matters contained on the plat filed of record in Plat Cabinet B, Page 95, Register’s Office, Overton County, Tennessee.

This description was taken from the deed of trust being foreclosed on of record in Book 161, Page 786, said Register’s Office.

TAX MAP-PARCEL NO.: 036-113.16

PROPERTY ADDRESS: 124 Bill White Lane, Livingston, TN 38570, as shown on the tax maps for the Assessor of Property for Overton County, TN.

This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal, and any and all prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose.

The property sold pursuant to this notice shall be sold “AS IS” and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Substitute Trustee shall make no warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only.

The substitute trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. § 35-5-117 have been met.

Pursuant to T.C.A. § 47-9-604, this sale may also include the manufactured home described as one (1) 2016 CMH manufactured home, Serial No.: CAP029688TNAB.

The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said deed of trust.

Terms of sale: Cash

Interested Parties:

Joyce DiFalco

Substitute Trustee:

David G. Mangum

Substitute Trustee

2303 8th Avenue South

Nashville, TN 37204

(615) 255-8690

File #75346

Insertion Dates:

August 27, 2019

September 3, 2019

September 10, 2019