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 April 14, 2010, executed by JOHNNY MANSELL,
A SINGLE PERSON, conveying certain real property therein described to ANDREW C RAMBO as same appears of record in the Register’s Office of Overton County, on April 16, 2010, as Instrument No. 23291, in Book 79, at Page 457; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., who is now the owner of said debt; and
WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale.
WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument 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, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 20, 2012, 1:00 PM at the Overton County courthouse door where the foreclosure sales are customarily held At the Overton County Courthouse, Livingston, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Overton County, Tennessee, to wit:
Lying and being in the 3rd Civil District of Overton County and being more particularly described as follows: Beginning at a concrete right of way in the Northern right of way of the Allens Chapel Road and being the Southeastern corner of the lands herein described and in the line of Larry and Margaret Carwile, thence with said right of way South 77 degrees 00 minutes 57 seconds West 421.00 feet to a ½ inch rebar set, which replaces a concrete marker, thence with said right of way North 33 degrees 19 minutes 35 seconds West 94.00 feet to a concrete right of way marker in the Eastern right of way of the Greenbriar Road, thence with said right of way North 13 degrees 33 minutes 04 seconds West 167.17 feet to an iron pipe found, thence with said right of way North 13 degrees 33 minutes 46 seconds West 260.50 feet to an iron pipe found and being a corner Johnny Cope, thence leaving said right of way and with Cope North 77 degrees 40 minutes 49 seconds East 420.52 feet to an iron pipe found in the line of Larry and Margaret Carwile, thence with Carwile South 17 degrees 15 minutes 03 seconds East 260.11 feet to an iron pipe found, thence with Carwile South 17 degrees 06 minutes 12 seconds East 252.17 feet to a concrete right of way marker and being the point of beginning, containing 5.11 acres more or less.
The lands herein described being a portion of those in Warranty Deed Book 170 Page 119 and Warranty Deed Book 172 Page 206 as recorded in the Overton County Register of Deeds Office. See also Warranty Deed from Larry W. Carwile and wife, Margaret A. Carwile to Johnny Mansell, recorded simultaneously herewith in Book 79, Page 455, said Register’s Office.
This description taken from a survey and plat by David A. Sells RLS 1795 and dated 03-16-2010. There are overhead power lines, underground telephone lines and waterline across a portion of the lands herein described as shown on the plat noted above and are subject to unrecorded easements. This description and survey subject to any and all right of ways, easements, exceptions and/or restrictions, recorded or unrecorded, which may affect this property.
SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon. PARCEL# 051-057.04
PROPERTY ADDRESS: The street address of the property is believed to be 326 ALLENS CHAPEL ROAD, HILHAM, TN 38568.
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): JOHNNY MANSELL
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.
RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
RECONTRUST COMPANY, N.A.,
2380 Performance Dr,
Richardson, TX 75082
Tel: (800) 281-8219
Fax: (866) 681-5002
CT Corporation System
800 South Gay Street,
Knoxville, TN 37929
Tel: (865) 342-3522
FEI # 1006.170318
October 30, 2012
November 6, 2012
November 13, 2012