NOTICE OF SUBSTITUTE TRUSTEE SALE
Sale at public auction will be on January 6, 2019 at 1:00 p.m. local time, at the west door, Hardeman County Courthouse, 100 N. Main Street, Bolivar, Tennessee pursuant to the Deed of Trust executed by Tyjuana Polk McClellan and Terry L. McClellan, wife and husband, to Charles R. Pettigrew, Trustee, as trustee for EquiFirst Corporation, MERS as Nominee, on June 29, 2006, recorded in Book 644, Page 620, Hardeman County Register of Deeds; conducted by Edward D. Russell of The SR Law Group, having been appointed Substitute or Successor Trustee, recorded November 14, 2019 in Book 769, Page 459, with the Hardeman County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Partners for Payment Relief DE IV LLC, by SN Servicing Corporation, its attorney in fact.
The real estate located in Hardeman County, Tennessee, and described in the said Deed of Trust will be sold to the highest call bidder. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warrant is intended.
Street Address: 303 N. Calhoun St., Bolivar, Tennessee 38008
Parcel Number: 070P K 02501
Current Owner of Property: Tyjuana Polk
This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose.
The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: Tyjuana Polk McClellan; Terry L. McClellan; RAP Performance Recoveries, LLC, c/o Buffaloe & Associates PLC; US Bank Trust National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-backed Pass-Through Certificates Series 2006-EFC2 at c/o Ocwen Loan Servicing, LLC, 1661 Worthington Road, Ste 100, West Palm Beach, FL 33409
Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of Tyjuana Polk McClellan and Terry L. McClellan, and those claiming through them.
Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
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. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to The SR Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
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 only by the Substitute Trustee, at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES, LEASES, EASEMENTS AND ALL OTHER MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST UNDER WHICH THIS FORECLOSURE SALE IS CONDUCTED, INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/INTERNAL REVENUE SERVICE, 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, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433. THE NOTICE REQUIREMENTS OF T.C.A. 35-5-101 ET SEQ. HAVE BEEN MET.
This day, November 19, 2019.
Edward D. Russell,
The SR Law Group
PO Box 128
Mt. Juliet, TN 37121
December 5, 2019
December 12, 2019
December 19, 2019