NOTICE OF SUBSTITUTE TRUSTEE’S SALE TENNESSEE, OVERTON COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Jennifer Hammons and James Stang
to William D. Birdwell, Trustee dated March 2, 2009 in the amount of $83,746.00, and recorded in the Register’s Office of Overton County, Tennessee in Instrument No. 18558, Deed Book 63, Page 179-190, (“Deed of Trust”); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC (successor by merger to GMAC Mortgage Corp.) by assignment; and, GMAC Mortgage, LLC (successor by merger to GMAC Mortgage Corp.), as the current holder of said Deed of Trust (the “Holder”), has appointed as Substitute Trustee the undersigned, any of whom may act, by instrument filed for record in the Register’s Office of Overton County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore,
NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, December 12, 2013 commencing at 12:00 PM at the main entrance of the Overton County Courthouse, Livingston, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit:
Located in the 7th Civil District of Overton County, Tennessee, and more particularly described as follows: Beginning at a stake 25 feet from the centerline of Eagle Creek Road and 723 feet from the Northwest corner of Keislings property, and being the Southwest corner of the property herein conveyed; thence running with the margin of the said Eagle Creek Road North 4 degrees 09 minutes 45 seconds East 210 feet to a stake; thence leaving the said Eagle Creek Road and running the with Sells South 85 degrees 50 minutes 15 seconds East 210 feet to a stake; thence with Sells South 04 degrees 09 minutes 45 seconds West 210 feet to a stake; thence North 85 degrees 50 minutes 15 seconds West 210 feet to a stake located 25 feet from the centerline of the Eagle Creek Road, being the place of beginning, and containing One (1) acre, more or less.
The previous and last conveyance being a Correction Warranty Deed from Gary R. Sells and wife, Linda W. Sells unto James Stang and Jennifer Hammons as tenants in common with the right of survivorship, recorded the 16th day of January 2009 in Book 61, Page 159, Registers Office of Overton County, Tennessee. Parcel Id No.: 014-024.00 Map & Parcel No.: 014-024.00
PROPERTY ADDRESS: 1128 Jaybird Road, Monroe, Tennessee 38573
CURRENT OWNER(S): James Stang and Jennifer Hammons
SUBORDINATE LEINHOLDERS: N/A
OTHER INTERESTED PARTIES: N/A
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, however, the undersigned will sell and convey only as Substitute Trustee.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose.
If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale.
Substitute Trustee reserves the right 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 LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
McCurdy & Candler TN, LLC
3525 Piedmont Road NE,
Six Piedmont Center, Suite 700
Atlanta, GA 30305
File No. 12-03866 /FHA
Ad Run Dates:
October 22, 2013
October 29, 2013
November 5, 2013