SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on November 15, 2016 at 12:00PM local time, at the Macon County Courthouse, 104 County Courthouse, Lafayette, TN pursuant to Deed of Trust executed by April Birdwell and Timothy Birdwell, to Robert M Wilson Jr Wilson & Associates PLLC, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, N.A. on December 22, 2006 at Book TD414, Page 372; conducted by Shapiro & Ingle, LLP, a Tennessee limited liability partnership, having been appointed Substitute or Successor Trustee, all of record in the Macon 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: Nationstar Mortgage LLC, its successors and assigns.
The following real estate located in Macon County, Tennessee, will be sold to the highest call bidder:
Described property located at Macon County, Tennessee, to wit:
Tract #1 - Lying and being in the 13th Civil District of Macon County, Tennessee, and being Lot #19 of Akin Heights, Plat of record in Cabinet No. 1, Page 39-B, Register's Office of Macon County, Tennessee.
Tract #2 - Situated in the 13th Civil District of Macon County, Tennessee and described as follows:
Being Lot No. 18 of the Akins Heights Subdivision, a plat of which is recorded in Cabinet No. 39-B, Register's Office of Macon County, Tennessee.
Timothy Allen Birdwell and wife April Lynn Birdwell by Warranty Deed from Lloyd L. Graves and wife, Flossie L. Graves dated 08-31-98 and filed for record 09-08-98 in Deed Book 222, Page 272, said Register's Office of Macon County, Tennessee.
Street Address: 225 Atkins Heights Ln, Westmoreland, Tennessee 37186 Parcel Number: 035 084.00 and 035 085.00
Current Owner(s) of Property: Timothy Allen Birdwell and wife, April Lynn Birdwell
The street address of the above described property is believed to be 225 Atkins Heights Ln, Westmoreland, Tennessee 37186, 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 herein shall control.
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: Discover Bank. 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 Shapiro & Ingle, LLP. 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.
Shapiro & Ingle, LLP, a Tennessee limited liability partnership , Substitute Trustee, 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216 Phone: (704) 333-8107 Fax: (704) 333-8156 www.auction.com File No. 16-107914