Details for NOTICE OF SUBSTITUTE TRUSTEE`S SALE WHEREAS
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 January 22, 2008, executed by Anthony L. Jacks and Tamra Jacks, to Josh Nickerson, Trustee, for CitiFinancial Services, Inc., its successors and assigns, and appearing of record on January 24, 2008, in the Register's Office of Lincoln County, Tennessee, at Book TD603 Page 11 and Instrument Number 08000396.
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A, 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 Lincoln 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 October 23, 2018, at 11:00 AM, local time, at the Lincoln County Courthouse, located in Fayetteville, 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 Lincoln County, to wit:
The land referred to herein below is situated in the County of Lincoln, State of Tennessee, and is described as follows:
THE FOLLOWING DESCRIBED TRACT OR PARCEL OF REAL ESTATE, TOGETHER WITH ALL THE TENEMENTS, HEREDITAMENTS AND
APPURTENANCES TO THE SAME BELONGING, LYING AND BEING IN THE 24TH CIVIL DISTRICT OF LINCOLN COUNTY, TENNESSEE, TO WIT:
BEGINNING AT A METAL FENCE POST (FOUND) ON THE EAST MARGIN OF ELORA ROAD, THE SOUTHWEST CORNER OF THE GEORGE RICE PROPERTY (D.B. J-11, PAGE 382). THE NORTHWEST CORNER OF THE PARENT PROPERTY, AND THE NORTHWEST CORNER OF THE PROPERTY HEREIN DESCRIBED; THENCE LEAVING SAID EAST MARGIN WITH FENCE SOUTH 82 DEGREES 36 MINUTES 59 SECONDS EAST 526.59 FEET TO A METAL PIPE (FOUND); THENCE SOUTH 82 DEGREES 33 MINUTES 31 SECONDS EAST 362.76 FEET TO A METAL PIN (SET); THENCE LEAVING SAID FENCE SOUTH 8 DEGREES 24 MINUTES 46 SECONDS WEST 1015.10 FEET TO A METAL PIN (SET); THENCE NORTH 82 DEGREES 33 MINUTES 51 SECONDS WEST 353.08 FEET TO A POINT; THENCE NORTH 8 DEGREES 27 MINUTES 39 SECONDS EAST 410.80 FEET TO A POINT; THENCE NORTH 83 DEGREES 08 MINUTES 02 SECONDS WEST 528.37 FEET TO A FENCE CORNER POST ON THE EAST MARGIN OF ELORA ROAD; THENCE FOLLOWING SAID EAST MARGIN NORTH 7 DEGREES 29 MINUTES 30 SECONDS EAST 241.72 FEET TO A METAL PIN (SET); THENCE LEAVING SAID EAST MARGIN SOUTH 82 DEGREES 21 MINUTES 24 SECONDS EAST 175.00 FEET TO A METAL PIPE (FOUND); THENCE NORTH 7 DEGREES 51 MINUTES 39 SECONDS EAST 125.05 FEET TO A METAL PIPE (FOUND); THENCE
NORTH 82 DEGREES 22 MINUTES 28 SECONDS WEST 175.00 FEET TO A POINT IN A CONCRETE DRIVE ON THE EAST MARGIN OF ELORA ROAD; THENCE FOLLOWING SAID EAST MARGIN NORTH 8 DEGREES 21 MINUTES 07 SECONDS EAST 32.80 FEET TO A METAL PIPE (FOUND); THENCE NORTH 7 DEGREES 31 MINUTES 43 SECONDS EAST 209.52 FEET TO THE POINT OF BEGINNING. CONTAINING 15.14 ACRES, LYING IN THE 24TH CIVIL DISTRICT LINCOLN COUNTY, TENNESSEE. AS PER SURVEY OF LINCOLN B NORTHCUTT, TRLS NO 1808. DATED MAY 3, 2004.
LESS AND EXCEPT ALL THAT PROPERTY CONVEYED TO JAMES DARYL BERRYHILL BY ANTHONY L. JACKS, AND WIFE, TAMRA D. JACKS. BY DEED DATED 08/30/2004 AND RECORDED 09/13/2004, IN BOOK O13, PAGE 765. THE CERTAIN PROPERTY LOCATED AND SITUATED IN THE 24TH CIVIL DISTRICT OF LINCOLN COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO-WIT: BEGINNING AT A METAL PIN (SET) BY A FENCE CORNER POST ON THE EAST MARGIN OF ELORA ROAD, 25 FEET FROM ITS CENTER, NORTH 10 DEGREES 14 MINUTES 01 SECONDS EAST 605.88 FEET FROM THE INTERSECTION OF THE CENTER OF FLINTVILLE SCHOOL ROAD, AND THE CENTER OF ELORA ROAD, A NEW SOUTHWEST CORNER OF THE ANTHONY JACKS PROPERTY AND THE NORTHWEST CORNER OF THE PROPERTY HEREIN DESCRIBED; THENCE LEAVING SAID EAST MARGIN SOUTH 82 DEGREES 22 MINUTES 28 SECONDS EAST 95.02 FEET TO A METAL PIN (SET); THENCE SOUTH 9 DEGREES 40 MINUTES 47 SECONDS WEST 11.93 FEET TO A METAL PIN (SET) IN JOAN BERRYHILLS NORTH LINE; THENCE NORTH 82 DEGREES 22 MINUTES 28 SECONDS WEST 94.67 FEET TO A POINT ON THE EAST MARGIN OF ELORA ROAD, JOAN BERRYHILLS NORTHWEST CORNER; THENCE FOLLOWING SAID EAST MARGIN NORTH 7 DEGREES 59 MINUTES 40 SECONDS EAST 11.92 FEET TO THE POINT OF BEGINNING CONTAINING .026 ACRE.
BEING A PORTION OF THE SAME FEE SIMPLE PROPERTY CONVEYED BY JEAN B. JACKS, SINGLE, TO ANTHONY L. JACKS, MARRIED, DATED 05/20/2004 RECORDED ON 5/20/04 IN BOOK M13, PAGE 590 IN LINCOLN COUNTY RECORDS, STATE OF TN.
Parcel ID: 135-016.00
Commonly known as 232 Elora Rd, Elora, TN 37328
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: Anthony L. Jacks
Other Interested Parties: Tamra Jacks; Tamra D. Jacks.
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: Anthony L. Jacks; Tamra Jacks; Tamra D. Jacks.
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
5751 Uptain Road
Chattanooga, Tennessee 37411
Phone: (877) 319-8840
File No: 2191-1042A
Newspaper: The Elk Valley Times
Publication Dates: 9/26/2018, 10/3/2018, 10/10/2018