SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on August 15, 2019 on or about 1:00PM local time, At the West Door of the, Hardeman County Courthouse, 100 North Main Street, Bolivar, TN 38008, conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by ELLEN FUTRELL AND DWAYNE FUTRELL, to Holmes, Rich & Sigler, PC, Trustee, on February 8, 2006, at Record Book 639, Page 43 as Instrument No. 70651 in the real property records of Hardeman County Register’s Office, Tennessee.
Owner of Debt: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, Mortgage Pass-Through Certificates, Series 2006-HE4
The following real estate located in Hardeman County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Beginning at a stake, the intersection of Wright and Fisher Streets at the N.E. Corner of Lot E, and runs thence west with the south margin of Fisher Street, 45 feet wide, 66-1/2 feet to a stake; thence south 150 feet to a stake in the center of the N.B.L. of Lot G; thence east 66-1/2 feet to a stake in the west margin of Wright Street, 40 feet wide; thence north with the west margin of said Wright Street 150 feet to the beginning. And being the east half of Lots E and F in said subdivision, a description and plat of which is of record in Deed Book V-3, Page 150, Register`s Office of Hardeman County, Tennessee, and containing 9.975 square feet, more or less. The land herein conveyed is a portion of the southern part of Tract 2 conveyed by the heirs of Leonidas Bills to Paul B. Keller by deed of record in Deed Book R-3, Page 625. Thereafter said Keller conveyed an one-half interest in the same to Hoby Jackson, which deed is of record in Deed Book R-3, Page 626 of the aforesaid Register`s Office.
Being the same property devised to Bobby Smith as a life estate and his surviving siblings, Billy Gene Smith, Barbara Smith Tucker, and the children of his deceased sister, Betty Smith Shelton, being Gerald Andrew Shelton and Angela Denise Shelton in the last will of Abbie Smith at Will Book 3, Page 309 in the Register`s Office of Hardeman County, Tennessee.
This being the same real property conveyed to Leo Smith and wife Abbie Smith, by deed dated July 11, 1953 and recorded in Deed Book X-3, Page 368, Register`s Office of Hardeman County, Tennessee. The said Leo Smith predeceased his wife Abbie Smith. Abbie Smith died testate and by will probated June 16, 1995, the property was devised to Bobby Smith for life and then to his surviving siblings, those being Billy Gene Smith, Barbara Smith Tucker, and to the children of his deceased sister, Betty Smith Shelton, being Gerald Andrew Shelton and Angela Denise Shelton.
Being the same property conveyed to the grantors herein by deed of record in Deed Book 22, Page 570, in the Register`s Office of Hardeman County, Tennessee.
Tax ID: 070P D 00300 000
Current Owner(s) of Property: ELLEN FUTRELL AND DWAYNE FUTRELL
The street address of the above described property is believed to be 603 Fisher St, Bolivar, TN 38008, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO OCCUPANT(S) RIGHTS IN POSSESSION.
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. THE TERMS OF SALE ARE CASH. ANY TAXES OR FEES WILL BE THE RESPONSIBILITY OF THE PURCHASER. IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE PURCHASE PRICE. THE PURCHASER SHALL HAVE NO FURTHER RECOURSE AGAINST THE GRANTOR, THE GRANTEE, OR THE TRUSTEE.
OTHER INTERESTED PARTIES: U.S. BANK N.A., IN ITS CAPACITY AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF HOME EQUITY MORTGAGE TRUST SERIES 2006-5 AND CAVALRY PORTFOLIO SERVICES LLC
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
If applicable, the notice requirements of T.C.A. 35-5-101 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, but the undersigned will sell and convey only as Substitute Trustee.
If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor or 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.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.
MWZM File No. 19-000047-370-1
Mackie Wolf Zientz & Mann, P.C., Substitute Trustee(s)
PREMIER BUILDING, SUITE 404
5217 MARYLAND WAY
BRENTWOOD, TENNESSEE 37027
TN INVESTORS PAGE: HTTP://MWZMLAW.COM/TN_INVESTORS.PHP
159760