SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
WHEREAS, Tim Rice and Jennifer Rice, husband and wife, executed to T. Mike Estes, Trustee, for Farm Credit Services of Mid-America, FLCA, a Deed of Trust dated March 31, 2005, and recorded in Book 714, page 128, in the Jefferson County, Tennessee Register of Deeds Office (the “Deed of Trust”), to secure the payment of indebtedness described therein;
WHEREAS, by instrument dated May 13, 2019 and recorded in Book 1473, page 158 in the Jefferson County, Tennessee Register of Deeds Office, Robert W. Quillin, II, was appointed Substitute Trustee under the Deed of Trust, with all the rights, powers, privileges and immunities of the original Trustee named in said Deed of Trust;
WHEREAS, default has been made in the payment of the indebtedness secured by said Deed of Trust, and Farm Credit Services of Mid-America, FLCA n/k/a Farm Credit Mid‑America, FLCA (the “Creditor”), the present holder and owner of the debt secured, has requested the undersigned to advertise and sell at a foreclosure sale the property described below, all of said indebtedness and obligations having matured by default in the payment of a part thereof, at the option of the holder thereof.
NOW, THEREFORE, by virtue of the power and authority vested in me as such Substitute Trustee, under the Deed of Trust, at the request of the Creditor, the undersigned, Robert W. Quillin, II, or his agent, will on Tuesday, July 9, 2019 commencing at 11:00 o’clock a.m. at the Front Door of the Jefferson County Courthousein Dandridge, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the property located in Jefferson County, Tennessee, that is the subject of the Deed of Trust, and that is more particularly described below.
Abbreviated Description per T.C.A. § 35-5-104(a)(2): See Deed of Trust dated March 31, 2005, recorded in Book 714, page 128, Jefferson County, Tennessee Register of Deeds Office.
Tax Parcel I.D.: CLT# 058-049.07
Common Description/Property Address: Believed to be the Tim Rice Property, 0 Valley Home Road, Dandridge, TN 37725. (However, the legal description shall control in the event of any inconsistencies between the legal description and address or tax parcel identification number.)
Other parties interested: None known
The sale of the property will be on an “as is-where is” basis subject to all defects in the title to the property, if any, and all defects in the condition of the property, if any. The sale will be subject to any encumbrances having lien priority over the Deed of Trust, including, without limitation, any unpaid ad valorem taxes or other taxes. The undersigned is aware of no lien claims of the State of Tennessee required to be identified by T.C.A. § 35‑5‑104. The undersigned is aware of no lien claims of the United States required to be identified by T.C.A. § 35‑5‑104.
Without limitation, the sale will be subject to the following matters as applicable and as the same may affect the property: (1) Oil and Gas Lease by and among Samuel Jennings Cox (a.k.a. Jennings Cox) and his wife, Ruby Jones Cox (a.k.a. Ruby Lillian Cox) and Mobil Oil Corporation dated April 14, 1981 and recorded in Misc. Book 46, page 121, and as assigned by that Assignment and Conveyance from Mobil Oil Corporation to Mobil Oil Exploration & Producing Southeast, Inc. effective as of January 1, 1983 and recorded in Misc. Book 52, page 404, both in the Jefferson County Register of Deeds Office; (2) the deed from Samuel Jennings Cox, widower, to Tim Rice and wife, Jennifer Rice dated March 29, 2005 and recorded in Book 714, page 125, in the Jefferson County Register of Deeds Office states the following: “The above property is conveyed subject to a 10 foot utility and drainage easement on each side of all lines and to a 30 foot building setback on front lines; 10 foot setback on side lot lines and 20 foot setback on rear lot lines.”; (3) any rights or claims of tenants, licensees, or parties in possession, if any, under any unrecorded leases, easements, licenses, or agreements; (4) any matters that would be disclosed by a current and accurate survey or inspection of the property including issues regarding the boundaries of the property, encroachments, and overlaps, if any, and the exact amount of acreage of the property; and (5) subject to the rights of the public in and to any portion of the subject property lying within the bounds of any public road or right of way.
The undersigned will sell and convey only such title as he holds as Substitute Trustee. The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust and applicable law. The sale will be subject to all matters, if any, having lien priority over the Deed of Trust being foreclosed. The undersigned reserves the right to postpone the sale to another time and date certain upon announcement by the Substitute Trustee or his agent at the time and place of sale. The undersigned reserves the right to conduct the sale through his duly appointed agent. If one or more apparently successful bidders fail to comply with the terms and conditions of the sale, the undersigned shall have the right to accept the next highest bid until a bidder whose bid has been accepted shall have complied with the terms and conditions of the sale, all without the necessity of re‑publishing notice of the sale.
/s/ Robert W. Quillin, II
Robert W. Quillin, II, Substitute Trustee
Kennerly, Montgomery & Finley, P.C.
550 Main Street, Ste. 400
Knoxville, Tennessee 37902
865 546 7311
Publication Dates: June 18, 2019; June 25, 2019 & July 2, 2019
