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 September 11, 2002, executed by James K. Mustion and Nancy Mustion, husband and wife, to Chicago Title Insurance Company, Trustee, for First Franklin Financial Corporation, its successors and assigns, and appearing of record on September 13, 2002, in the Register’s Office of Tipton County, Tennessee, at Record Book 1021, Page 664, and Instrument Number 29771.
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Dyck-O’Neal, Inc., 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 Tipton 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 February 25, 2020, at 11:00 AM, local time, at the north door of the Tipton County Courthouse, located in Covington, 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 Tipton County, to wit:
The land referred to herein below is situated in the County of Tipton, State of Tennessee, and is described as follows:
Lot 1, Higgins & Marbry Subdivision, as described in Plat of Record in Plat Cabinet F, Slide 153, Tipton County, Tennessee Register’s Office, to which reference is hereby made for a more particular description of said lot.
Subject to subdivision, restrictions, building lines and easements at Plat Cabinet F, Slide 153 in the Tipton County Register’s Office.
Being the same property conveyed to Grantor(s) herein at Book 1021, Page 642 of the Tipton County Register’s Office.
Parcel ID: 098-045.05
Commonly known as 149 Sawmill Road, Brighton, TN 38011
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: James Kevin Mustion, Sr.
Other Interested Parties: James K. Mustion; Nancy Mustion; Nancy Lynn Mustion
This property is sold SUBJECT to a first mortgage securing 149 Sawmill Road, Brighton, TN 38011 in favor of First Franklin Financial Corporation in the original principal amount of $95,900.00, of record at Record Book 1021, Page 644 in the Register’s Office of Tipton County, Tennessee.
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: James Kevin Mustion, Sr.; James K. Mustion; Nancy Mustion; and Nancy Lynn Mustion.
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
Substitute Trustee
651 East 4th Street
Suite 200
Chattanooga, Tennessee
37403
Phone: (877) 319-8840
File No: 1912-009A
Newspaper: The Leader (Covington)
Publication Dates: 1/23/20, 1/30/20, 2/6/20
