WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated May 19, 2004, executed by MONA L. CUDE, STEVE W. CUDE, conveying certain real property therein described to FMLS, INC., as Trustee, as same appears of record in the Register’s Office of Carroll County, Tennessee recorded May 27, 2004, in Deed Book 521, Page 238 and re-recorded July 8, 2004 in Deed Book 523, Page 78; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2004-HYB9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HYB9 who is now the owner of said debt; and WHEREAS, the undersigned, Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Carroll County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, 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 March 28, 2019 at 1 p.m. at the East Court House Door of the Carroll County Courthouse, 99 Court Street, Huntingdon, TN 38344, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Carroll County, Tennessee, to wit: ALL THAT A CERTAIN TRACT OF LAND LOCATED IN THE 22ND CIVIL DISTRICT OF CARROLL COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITHIN THE CORPORATE LIMITS OF THE CITY OF MCKENZIE AND BOUNDED ON THE NORTH BY WALNUT STREET; ON THE EAST BY GROVE STREET; ON THE SOUTH BY BURK AND THE WEST BY SOUTHERN BELL TELEPHONE COMPANY PROPERTY, ON WHICH LOT IS SITUATED A FRAME RESIDENCE. Parcel ID: 012M A 01900 000 PROPERTY ADDRESS: The street address of the property is believed to be 453 WEST WALNUT AVE, McKENZIE, TN 38201 . In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): MONA L. CUDE, STEVE W. CUDE OTHER INTERESTED PARTIES: CAPITAL ONE BANK (USA), N.A., MERS, INC., AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005- C, VELOCITY INVESTMENTS, LLC assignee of HSBC BANK NEVADA, N.A. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. 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. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500, Memphis, TN 38103 rubinlublin.com/property-listing, Tel: (877) 813-0992, Fax: (404) 601-5846 Ad #152388, 02/26/2019, 03/05/2019, 03/12/2019 NOTICE OF SUBSTITUTE TRUSTEE’S SALE A7202/9-3
