SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE

SUBSTITUTE TRUSTEE’S

NOTICE OF FORECLOSURE SALE

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated FEBRUARY 18, 2009, executed by RODNEY S SHELL; A SINGLE MAN, to REALTY TITLE & ESCROW SERVICES, INC, Trustee, of record in BOOK 256 PAGE 602, for the benefit of FIRST NATIONAL BANK OF AMERICA (FNBA),  in the Register’s Office for SEQUATCHIE County, Tennessee and to J. PHILLIP JONES AND/OR JESSICA D. BINKLEY, either of whom may act, appointed as Substitute Trustee in an instrument of record in the Register’s Office for SEQUATCHIE County, Tennessee, to secure the indebtedness described;  WHEREAS, said Deed of Trust was last assigned toROSE ACCEPTANCE, INC., the entire indebtedness having been declared due and payable by ROSE ACCEPTANCE, INC., being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and as provided in said Deed of Trust, I, J. PHILLIP JONES/JESSICA D. BINKLEY, will by virtue of the power and authority vested in  me as  Substitute  Trustee, on WEDNESDAY, OCTOBER 5, 2016 AT 2:00 P.M. (LOCAL TIME), ON THE FRONT STEPS AT THE FRONT DOOR FACING CHERRY STREET OF THE SEQUATCHIE COUNTY COURTHOUSE, IN DUNLAP, SEQUATCHIE COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property inSEQUATCHIE County, Tennessee, to wit:

PROPERTY LOCATED IN THE COUNTY OF SEQUATCHIE, TENNESSEE:

SEQUATCHIE COUNTY, TENNESSEE

LAND IN SEQUATCHIE COUNTY, TENNESSEE, BEING DESCRIBED AS FOLLOWS TO-WIT:

BEGINNING AT A  ½” DIA. REBAR SET IN THE EASTERN MARGIN OF SHELL ROAD, BEING 15.12’ EAST OF SAID ROAD CENTER-LINE PASSAGEWAY, AND ALSO BEING 1600’ NORTHEAST OF HENSON GAP ROAD; THENCE LEAVING SAID ROAD S. 87 DEG. 47’ 16” E. 95.05’ TO A ½” DIA. REBAR SET; THENCE S. 25 DEG. 17’ 34” E. 22.84’ TO A ½” DIA. REBAR SET; THENCE S. 06 DEG. 01’ 24” E. 206.08’ TO A ½” DIA. REBAR SET, IN THE LINE OF GLENN MOONEYHAM (WDB 199-840, ROSCT); THENCE WITH MOONEYHAM N. 73 DEG. 18’ 03” W. 194.36’ TO A POINT NEAR A WOOD FENCE POST IN THE EASTERN MARGIN OF SHELL ROAD; THENCE LEAVING MOONEYHAM WITH SAID ROAD N. 20 DEG. 20’ 59” E. 35.03’ N. 16 DEG. 26’ 54” E. 34.75’; N. 19 DEG. 20’ 56” E. 111.42’ TO THE POINT OF BEGINNING. ALL ACCORDING TO SURVEY BY ALLEN NAIL, RLS #1794, DATED, 3-25-08 (1408E) RECORDED IN PLAT BOOK C, PAGE 225, SAID REGISTER’S OFFICE.

NOTE FOR INFORMATIONAL PURPOSES ONLY: PRIOR DEED REFERENCES THE SUBJECT PROPERTY CONTAIN 0.67 ACRES, MORE OR LESS.

BEING PART OF THE PROPERTY CONVEYED TO LEONARD DAVIS AND WIFE, ELSIE DAVIS BY DEED RECORDED JUNE 17, 1972 FROM KATHERINE SHELL, OF RECORD IN BOOK 27, PAGE 245, REGISTER’S OFFICE FOR SEQUATCHIE COUNTY, TENNESSEE. LEONARD DAVIS HAVING SINCE DIED IN 2001 AND ELSIE (ERRONEOUSLY REFERENCED AS ELISE IN DEED OF ACQUISITION) DAVIS HAVING SUBSEQUENTLY DIED, TESTATE, ON JUNE 17, 2005. PURSUANT TO HER WILL OF RECORD IN BOOK 193, PAGE 472, SAID REGISTER’S OFFICE; RODNEY S. SHELL WAS DEVISED THE SUBJECT PROPERTY. SEE ALSO INSTRUMENT OF RECORD IN BOOK 219, PAGE 57 AND BOOK 255, PAGE 249 SAID REGISTER’S OFFICE.

SUBJECT TO ALL EASEMENTS, RESTRICTIVE COVENANTS AND CONDITIONS, AND OTHER MATTERS OF RECORD, INCLUDING ALL ITEMS SET OUT ON ANY APPLICABLE PLAT OF RECORD.

INCLUDING A MOBILE HOME YEAR MAKE AND SERIAL # UNKNOWN.

ALSO BEING THE SAME PROPERTY CONVEYED TO RODNEY S. SHELL BY WARRANTY DEED DATED JANUARY 13, 2009 OF RECORD IN BOOK 255, PAGE 249, REGISTER’S OFFICE FOR SEQUATCHIE COUNTY, TENNESSEE.

SEE AFFIDAVIT OF AFFIXATION (MANUFACTURED HOME) OF RECORD IN BOOK 224, PAGE 547, REGISTER’S OFFICE FOR SEQUATCHIE COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 784 SHELL RD, DUNLAP, TENNESSEE 37327.

MAP 046 PARCEL 005.10

THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY. ANY REPRESENTATION CONCERNING ANY ASPECT OF THE SUBJECT PROPERTY BY A THIRD PARTY IS NOT THE REPRESENTATION/ RESPONSIBILITY OF TRUSTEE(S)/ SUBSTITUTE TRUSTEE(S) OR THEIR OFFICE.

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 WORK FORCE 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 ALL APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425, T.C.A. 67-1-1433, AND 28 U.S.C. 2410 (C). THE NOTICE REQUIREMENTS OF T.C.A. 35-5-101 ET SEQ. HAVE BEEN MET.

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 TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE

IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

OTHER INTERESTED PARTIES: NONE OF RECORD

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This is improved property known as 784 SHELL RD, DUNLAP, TENNESSEE 37327.

J. PHILLIP JONES/JESSICA D.

BINKLEY SUBSTITUTE TRUSTEE

1800 HAYES STREET

NASHVILLE, TN 37203

(615) 254-4430

www.phillipjoneslaw.com 

F16-0665

3T36-38