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 MARCH 14, 2008, executed by BILLY W. ROARK (A/K/A BILLY WAYNE ROARK, A/K/A BILLY ROARK), AN UN-MARRIED MAN, to KATHRYN L. HARRIS, Trustee, of record in RECORD BOOK 312, PAGE 687, for the benefit of COMMUNITY MORTGAGE CORPORATION, in the Register’s Office for CHESTER 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 CHESTER County, Tennessee, to secure the indebtedness described; WHEREAS, the said Deed of Trust was last assigned to U.S. BANK NATIONAL ASSOCIATION, the entire indebtedness having been declared due and payable by U.S. BANK NATIONAL ASSOCIATION, 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 TUESDAY, SEPTEMBER 17, 2013 AT 12:00 P.M. (NOON), AT THE FRONT DOOR OF THE CHESTER COUNTY COURTHOUSE IN HENDERSON, CHESTER 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 in CHESTER County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF CHESTER, TENNESSEE:
BEGINNING AT AN IRON PIN SET IN THE NORTH MARGIN OF MARNIE LOOP, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 36 AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING AND WITH THE NORTH MARGIN OF MARNIE LOOP, NORTH 89 DEGREES 00’ 57’’ WEST 111.95 FEET TO AN IRON PIN SET AT THE SOUTHEAST CORNER OF LOT 38; THENCE WITH THE EAST LINE OF LOT 38, NORTH 02 DEGREES 18’ 43’’ EAST 101.09 FEET TO AN IRON PIN SET IN THE SOUTH LINE OF ALLISON ARNOLD; THENCE WITH THE LINES OF ARNOLD, THE FOLLOWING CALLS: SOUTH 89 DEGREES 23’ 37’’ EAST 47.48 FEET TO AN IRON PIN SET; NORTH 01 DEGREE 28’ 13’’ EAST 18.12 FEET TO AN IRON PIN SET AT THE SOUTHWEST CORNER OF LOT 35; THENCE WITH THE SOUTH LINE OF LOT 35, SOUTH 87 DEGREES 41’ 17’’ EAST 64.73 FEET TO AN IRON PIN SET AT THE NORTHWEST CORNER OF LOT 36; THENCE WITH THE WEST LINE OF LOT 36, SOUTH 02 DEGREES 18’ 43’’ WEST 118.03 FEET TO THE POINT OF BEGINNING, CONTAINING 12463.9 SQUARE FEET AND BEING KNOWN AS LOT 37 CLOVERDALE SUBDIVISION, AS SURVEYED BY ADVANCED LAND SURVEYING, INC. R.L.S. #1999.
SUBJECT TO AN EASEMENT TO SOUTHWEST TENNESSEE ELECTRIC MEMBERSHIP CORPORATION OF RECORD IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE IN RECORD BOOK 255, PAGE 349.
SUBJECT TO CERTAIN SETBACKS, RESTRICTIONS, EASEMENTS AND ALL OTHER MATTERS OF RECORD AS SHOWN ON THE PLAT OF RECORD IN PLAT CABINET, SECTION 5, PAGE 81, IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE.
SUBJECT TO RESTRICTIVE COVENANTS AS SHOWN OF RECORD IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE IN RECORD BOOK 273, PAGE 561.
BEING THE SAME PROPERTY CONVEYED TO BILLY W. ROARK, HIS HEIRS AND ASSIGNS, BY WARRANTY DEED DATED MARCH 14, 2008 OF RECORD IN RECORD BOOK 312, PAGE 685, IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 371 MARNIE LOOP, HENDERSON, TN 38340.
MAP 034P GROUP A PARCEL 087.00
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.
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 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. IF APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 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 day, July 26, 2013.
THIS IS IMPROVED PROPERTY KNOWN AS 371 MARNIE LOOP, HENDERSON, TN 38340.
J. PHILLIP JONES/ JESSICA D. BINKLEY,
1800 HAYES STREET
NASHVILLE, TN 37203
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on August 29, 2013 at 12:00PM local time, at the south door, Chester County Courthouse, Henderson, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Carl Dyer, unmarried, Brenda Kellow and Bedford Kellow, wife and husband, to FMLS, INC., Trustee, on March 5, 2004 at Record Book 249, Page 182; all of record in the Chester County Register’s Office.
Party entitled to enforce security interest: Regions Bank, successor by merger with AmSouth Bank, its successors and assigns
The following real estate located in Chester County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in Chester County, Tennessee, and being more particularly described in deed of record in Record Book 249, Page 182; in the Register’s Office of Chester County, Tennessee
Parcel Number: 003 015.00 (part of)
Current Owner(s) of Property: Carl Michael Dyer also known as Mike Dyer
The street address of the above described property is believed to be 180 State Road Route 197, Beech Bluff, Tennessee 38313, 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 TENANT(S) RIGHTS IN POSSESSION.
All right of equity of redemption, statutory and otherwise, and homestead 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.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
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 at any time.
Shapiro & Kirsch, LLP Substitute Trustee
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
File No. 13-050382