SUBSTITUTE TRUSTEE 'S SALE Default having been made in the terms, conditions, provisions and payments made and provided for in a Deed of Trust dated November 5, 2010, executed by Mary Nell Mitchell , to Investors Title Company, Trustee, and recorded in Book T494, page 539, Register 's Office for Rhea County, Tennessee, to secure the indebtedness therein described to First Bank, and the entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful owner and holder of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument dated October 21, 2014, recorded in Book T543, page 526, in the above mentioned Register 's Office, notice is hereby given that I, the undersigned substitute trustee, or my designated agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Wednesday, November 26, 2014 at 11:00 a.m. (Eastern Standard Time) at the front steps of the Rhea County Courthouse in Dayton, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land in the County of Rhea, State of Tennessee, and more particularly described as follows, to-wit: LAND in the 3rd Civil District of Rhea County, Tennessee, and in the City of Dayton, located on the south side of Boyd Lane (now 11th Avenue) and same being Lots No. One (1) to Five (5), inclusive, in Block "B", of the N.D. Wilson Subdivision, No. 2, as shown by Plat of Melvin Vaughn, Surveyor, which plat is of record in Plat Book 2, page 201, to which plat reference is here made for a more complete and accurate description of said lot. DEED REFERENCE: Being the same property conveyed to Mary Nell Mitchell and husband, Bobby R. Mitchell by Warranty Deed dated September 29, 1986 from Mary Mitchell, Cleston Curtin, Gail Couch, Ava Couch, Nick C. Curtin and Sue Collins, of record in Deed Book 202, page 307; see also Warranty Deed of record in Deed Book 202, page 310, Register 's Office for Rhea County, Tennessee. This property description was taken from previous Deed of Trust of record in Book T494, page 539, said Register 's Office. SUBJECT TO any and all existing easements, setback lines, rights of way, and restrictive covenants of record, including but not limited to All Matters on the Plan of record in Book 2, Page 201, said Register 's Office. TAX MAP-PARCEL NO.: 089D B 012.00 PROPERTY ADDRESS: 675 Eleventh Avenue, Dayton, TN 37321, as shown on the tax maps for the Assessor of Property for Rhea County, TN. This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal, and any and all prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose. The property sold pursuant to this notice shall be sold ??AS IS?? and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Substitute Trustee shall make no warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee 's Deed only. The trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. ? 35-5-117 have been met. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said deed of trust. Terms of sale: Cash Substitute Trustee: David G. Mangum Substitute Trustee 2303 Franklin Road Nashville, TN 37204 (615) 255-8690 Other Interested Parties: Estate of Mary N. Mitchell Rhea County Trustee, 2013 property taxes Rhea County Clerk & Master, 2012 property taxes City of Dayton, 2013 property taxes File #71431 Insertion Dates: November 5, 12 & 19, 2014