Legal Notices For The Week Of August 1, 2018

notice

Jamestown City Council meets the 2nd Monday night of every month at 5:00 p.m. for a work session and 6:00 p.m. for regular session.

(7-4-1tc)

notice

The Industrial Development Board of Fentress County will hold its regular monthly meeting on Wednesday, August 8, 2018 at 8:00 a.m. at the Fentress County Courthouse in the Community & Economic Development Room. All members are invited and encouraged to attend. All meetings are open to the public.

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Substitute Trustee Sale Notice

WHEREAS, Loki #3 Properties, LLC, by Deed of  Trust dated November 20, 2006, of record at Book 111, Pages 84-96, Register’s Office for Fentress County, Tennessee (hereinafter the “Deed of Trust”) conveyed to First American Title Insurance Company, Trustee, for the benefit of Inland Bank and Trust (“Inland Bank”) the hereinafter described real property to secure payment of the indebtedness and obligations described therein; and

WHEREAS, defaults have occurred with respect to the indebtedness and obligations secured by the Deed of Trust; and

WHEREAS, Inland Bank subsequently appointed B. Anthony Saunders as Substitute Trustee under the Deed of Trust with authority to act alone with the powers given the Trustee by instrument of record at Book 280, Pages 656-657, Register’s Office for said County; and

WHEREAS, Inland Bank, as the owner and holder of said indebtedness and obligations, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction of said debts and the cost of the foreclosure, in accordance with the terms and provisions of the promissory note and other instruments and agreements evidencing the indebtedness and obligations, and the provisions in the Deed of Trust;

NOW, THEREFORE, notice is hereby given that I, B. Anthony Saunders, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on August 10, 2018 at 3:00 P.M., Central Standard Time local time, at the west door of the Fentress County Courthouse located at 101 S. Main Street, Jamestown, Tennessee, 38556, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Fentress County, Tennessee, described as follows:

Property Description

Lying and being in the Fourth Civil District of Fentress County, Tennessee, approximately 18 miles South of the courthouse in Jamestown by way of U.S. Highway 127 and in the Clarkrange community to an iron pin on the west margin of the right-of-way of U.S. Highway 127, the Southeast corner of the Jamestown Union Bank Shares property described in Deed Book P-7, Page 528 and the Northeast corner of the James Ray Swafford and Rhonda Swafford Tract described in Deed Book N-7, Page 729, and from said iron pin, South 73º 05’ 20” West a distance of 160.60 feet to an iron pin, the Northeast corner of the Tract herein conveyed and beginning at said iron pin and running thence severing the property of Swaffords, South 01º 40’ 37” East a distance of 150 feet to an iron pin; thence South 88º 19’ 23” West a distance of 240 feet to an iron pin; thence North 01º 40’ 37” West  150 feet to an iron pin; thence North 88º 19’ 23” East 240 feet to the beginning corner, and containing .83 acres, more or less.

There is also conveyed a nonexclusive right-of-way for access and utilities 30 feet wide leading Eastwardly from the Northeast corner of the property to the right-of-way of U.S. Highway 127 and described as follows:

Beginning at an iron pin, being the Northeast corner of the .83 acre tract described above and running thence South 81º 54’ 13” East 158.13 feet to a point in the West margin of the right-of-way of U.S. Highway 127; thence South 03º 53’ 00”East a distance of 30.67 feet; thence leaving the right-of-way North 81º 54’ 13” West 159.33 feet to a point in the East line of the above-described .83 acre tract; thence with the East line of said tract, North 01º 40’ 37” West 30.44 feet to the point of beginning.

Being the same property conveyed to Loki #3 Properties, LLC by deed from Strategic Ventures, LLC dated November 20, 2006, of record in Book 111, Page 82, Register’s Office for Fentress County, Tennessee.

The Substitute Trustee reserves the right to adjourn the sale on the advertised date to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above. The Substitute Trustee also reserves the right to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.

Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only.

THIS sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property. This sale is also subject to any matters that an accurate survey of the premises might disclose.

PROPERTY ADDRESS: 6866 S. York Highway, Clarkrange, Tennessee 38553.

CURRENT OWNER: Loki #3 Properties, LLC

OTHER INTERESTED PARTIES WHO MAY CLAIM AN INTEREST IN THE PROPERTY AND TO WHOM NOTICE WAS SENT: (1) Loki #3 Properties, LLC, (2) the Fentress County Trustee, and (3) the Fentress County Assessor of Property.

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

THIS  16th day of July, 2018.

B. Anthony Saunders, Substitute Trustee

WYATT, TARRANT & COMBS, LLP

333 Commerce Street, Suite 1400

Nashville, Tennessee 37201

(615) 244-0020

tsaunders@wyattfirm.com

(7-18-25; 8-1-3tc)

NOTICE OF TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated April 30, 2015, and the Deed of Trust of even date securing the same, recorded May 1, 2015, in Book No. 239, at Page 467, in Office of the Register of Deeds for Fentress County, Tennessee, executed by Joseph Adam Draughn and Katheryn Elizabeth Draughn, conveying certain property therein described to Arnold M. Weiss as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Guaranty Mortgage Services, LLC, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by JPMorgan Chase Bank, National Association.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by JPMorgan Chase Bank, National Association, will, on August 28, 2018 on or about 1:00 PM, at the Fentress County Courthouse, Jamestown, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Fentress County, Tennessee, and being more particularly described as follows:

  Lying and being in the Second Civil District of Fentress County, Tennessee, and about one mile west of the Fairview Church House and Beginning on a set stone corner and running thence eastwardly 4 ½ poles to a set stone; thence northwardly 15 poles to a set stone; thence westwardly 5 poles to a set stone In the David Pennycuff line; thence with the Pennycuff line to the Double Top Road; thence with said roadway to the beginning, and containing 5 acres, more or less.

ALSO KNOWN AS: 2104 Double Top Road, Jamestown, TN 38556

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property:

JOSEPH ADAM DRAUGHN

KATHERYN ELIZABETH DRAUGHN

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 331560

DATED July 23, 2018

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

W&A No. 331560

(8-1-8-15-3tc)

NOTICE OF TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated September 8, 2006, and the Deed of Trust of even date securing the same, recorded September 18, 2006, in Book No. 106, at Page 792, in Office of the Register of Deeds for Fentress County, Tennessee, executed by Roy Lisk and Linda Lisk, conveying certain property therein described to Arnold M. Weiss, ESQ. as Trustee for Wells Fargo Bank, N.A.; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2007-2.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2007-2, will, on August 23, 2018 on or about 3:00 PM, at the Fentress County Courthouse, Jamestown, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Fentress County, Tennessee, and being more particularly described as follows:

Lying and being in the First Civil District of Fentress County, Tennessee, and beginning at an iron (old) in the northern edge of the right of way of Wildwood Lane; thence with the northern edge of the right of way of Wildwood Lane North 80 deg. 08 minutes West 166.39 feet to an iron pin (new); thence leaving said right of way and severing the parent tract North 10 deg. 16 minutes East 199.66 feet to an iron pin (new); thence with the southern line of Wildwood Acres subdivision South 82 deg. 05 minutes East 158.31 feet to a car jack; thence with the western line of George Upchurch South 07 deg 38 minutes West 205.19 feet to the point of beginning, containing 0.75 acre, more or less, as surveyed by Rodney W. Foy, TRLS #730.

ALSO KNOWN AS: 945 Wildwood Drive, Jamestown, TN 38556-5819

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property:

ROY LISK

LINDA LISK

W&A No. 331614 1

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 331614

DATED July 23, 2018

WILSON ASSOCIATES, P.L.L.C.,

Successor Trustee

W&A No. 331614

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Notice

The Fentress Courier reserves the right to refuse and reject any advertising or submitted material.

(tfc)

notice

The Fentress County Budget Committee will meet Monday, August 6th, 2018 at 5:00 p.m. The meeting will be held at the finance building located at 103A Smith Street South. Open to the public.

(8-1-1tc)

NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Phillip A. Cook unto William J. Campbell, as Trustee, recorded November 2, 2009 in Record Book 165, Page 598 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated October 29, 2009, payable by Phillip A. Cook to the Union Bank of Jamestown, Tennessee;

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Phillip A. Cook unto William J. Campbell, as Trustee, recorded January 29, 2013 in Record Book 209, Page 172 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated January 29, 2013, payable by Phillip A. Cook to the Union Bank of Jamestown, Tennessee;

WHEREAS, default has occurred in the terms, conditions, and payment of the indebtedness secured by said Deed of Trust and Union Bank of Jamestown, Tennessee, has declared the entire unpaid principal balance of said Note, together with all accrued and unpaid interest, due and payable as provided in said Note and Deed of Trust and has authorized and instructed me, as their duly authorized representative and their Substitute Trustee, to foreclose said Deed of Trust by advertisement of sale at public auction in accordance with the Statutes made and provided therefore.

THEREFORE, notice is hereby given that pursuant to the power of sale contained in said Deed of Trust, and in accordance with the Statutes made and provided therefore, the said Deed of Trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the East door of the Fentress County Courthouse in the City of Jamestown, in Fentress County, Tennessee at 10:00 a.m. on Thursday, August 9, 2018, to satisfy the indebtedness now due under and secured by said Deed of Trust; said property will be sold in bar of all right and equities of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deed of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics’ and materialmen’s liens.  The undersigned Substitute Trustee will execute a Deed to the purchaser as Substitute Trustee only.  The proceeds of this sale will be applied as set out in the Deed of Trust.  The real estate to be sold is described as follows:

PROPERTY DESCRIPTION: Abbreviated description per TCA 35-5-104(a)(2) is the property referenced and described fully as Record Book 165, Page 596, and containing 0.48 acres, more or less.

PROPERTY ADDRESS: 128 Oak Hill Drive, Jamestown, TN 38556

TAX MAP 85-N, Group A, PARCEL 6.00

(However, the property description shall control in the event of any inconsistencies between the description and address or tax identification number)

The Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, which such notice of postponement as deemed reasonable by the Substitute Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within applicable time allowed, the undersigned Substitute Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Substitute Trustee.

SUBORDINATE LIENHOLDERS:  State of Tennessee, THDA, Midland Funding

OTHER INTERESTED PARTIES:

Buyers shall be responsible for paying the 2018 real property taxes.

Doug Jones

Substitute Trustee

(7-18-25; 8-1-3tc)

NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Nicosia McCoy unto Doug Jones, as Trustee, recorded July 22, 2014, in Record Book 229, Page 50, of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated July 18, 2014, payable by Nicosia McCoy, Daphane McCoy, and Ricky Smith to the Union Bank of Jamestown, Tennessee;

WHEREAS, default has occurred in the terms, conditions, and payment of the indebtedness secured by said Deed of Trust and Union Bank of Jamestown, Tennessee, has declared the entire unpaid principal balance of said Note, together with all accrued and unpaid interest, due and payable as provided in said Note and Deed of Trust and has authorized and instructed me, as their duly authorized representative and their Substitute Trustee, to foreclose said Deed of Trust by advertisement of sale at public auction in accordance with the Statutes made and provided therefore.

WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by mailing a copy of the Notice to the parties at least thirty (30) days prior to the first publication of the Notice of Sale.

THEREFORE, notice is hereby given that pursuant to the power of sale contained in said Deed of Trust, and in accordance with the Statutes made and provided therefore, the said Deed of Trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the East door of the Fentress County Courthouse in the City of Jamestown, in Fentress County, Tennessee at 10:30 a.m. on Thursday, August 9, 2018, to satisfy the indebtedness now due under and secured by said Deed of Trust; said property will be sold in bar of all right and equities of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deed of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics’ and materialmen’s liens.  The undersigned Trustee will execute a Deed to the purchaser as Trustee only.  The proceeds of this sale will be applied as set out in the Deed of Trust.  The real estate to be sold is described as follows:

PROPERTY DESCRIPTION: Abbreviated description per TCA 35-5-104(a)(2) is the property referenced and described fully as Record Book 229, Page 48, Register’s Office of Fentress County.

PROPERTY ADDRESS: 5936 S. York Highway, Jamestown, TN 38556

TAX MAP 133M, GROUP B, PARCELS 001.00

(However, the property description shall control in the event of any inconsistencies between the description and address or tax identification number)

The Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, which such notice of postponement as deemed reasonable by the Substitute Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within applicable time allowed, the undersigned Substitute Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Substitute Trustee.

Pursuant to Tennessee Code Section 35-5-104, there are no liens filed in the Fentress County Register’s Office by the taxing authorities.

SUBORDINATE LIENHOLDERS:  N/A

OTHER INTERESTED PARTIES: N/A

Buyers shall be responsible for paying the 2018 real property taxes.

Doug Jones

Substitute Trustee

(7-18-25; 8-1-3tc)

NOTICE OF SUBSTITUTE TRUSTEE`S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust dated April 28, 2010, executed by John Henry Smith, Jr. and Ashley Woods, husband and wife, to Freida Lowery, Trustee, for CitiFinancial, Inc., its successors and assigns, and appearing of record on April 30, 2010, in the Register’s Office of Fentress County, Tennessee, at Book 172 Page 191 and Instrument Number 10001175.

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust A, the party entitled to enforce said security interest; and having appointed Clear Recon LLC, the undersigned, as Substitute Trustee by instrument filed or being filed for record in the Register’s Office of Fentress County, Tennessee, with all of the rights, powers, and privileges of the original Trustee named in said Deed of Trust.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust, and that the undersigned, Clear Recon LLC, 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 August 16, 2018, at 11:00 AM, local time, at the Fentress County Courthouse, located in Jamestown, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, paid at the conclusion of the sale, the following described property situated in Fentress County, to wit:

The land referred to herein below is situated in the County of Fentress, State of Tennessee, and is described as follows:

The following described real estate: Lying and being in the Fifth Civil District of Fentress County, Tennessee, being a part of Entry No. 485, Grant No. 5484, and also being a part of Lot No. 48, south of the Base Line of plat one of the Clarke Lands, which plat is of record in the Register’s Office of Fentress County, Tennessee, in Deed Book Q, Page 1; and also being a part of A 13.4 acre tract of land conveyed from Charles R. Gernt and Phillip Gernt to Jerome Sims, Dated June 19, 1964, and recorded in the Registers Office of Fentress county, Tennessee, in Deed Book F-4, Page 475, ET SEQ; and beginning on a set stone, the northeast corner of the above-mentioned Gernt-SIMS tract; thence north 85 1/4 degrees west 31 poles 11 links with the north boundary line of said Gernt-SIMS Tract of land to the northwest comer of the same; thence running South 4 1/4 degrees 7-17West 25 poles 12 1/2 links with the west boundary line of said Gernt SIMS tract to an iron stake; thence running south 85 1/4 degrees East 31 poles 11 links to a stake in the east line of the said GERNT-SIMS Tract of land; thence running North 4 1/2 degrees East 25 poles 12 1/2 links with the East boundary line of said tract of land to the beginning, containing 4 acres, more or less.  TAX ID: 97-031.01

Being the same fee simple property conveyed by General Warranty Deed from William David Smith to John Henry Smith, Jr., dated 05/12/1995 recorded on 05/19/1995 in Book WD P7, Page 1 in Fentress county records, State of TN.

Tax ID: 097 031.01

Parcel ID: 097 031.01 000

Commonly known as 199 Peters Ford Court, Jamestown, TN 38556

The street address and parcel number(s) of the above described property are believed to be correct; however, such references are not a part of the legal description of the property sold herein, and, in the event of any discrepancy, the legal description herein shall control

Current Owner(s) of Property: John Henry Smith, Jr.

Other Interested Parties: Ashley Woods

This sale is subject to tenant(s)/occupant(s) rights in possession.

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property: John Henry Smith, Jr. and Ashley Woods.

If the United States or the State of Tennessee have any liens or claimed lien(s) on the Property, and are named herein as interested parties, timely notice has been given to the applicable governmental entity, and the sale will be subject to any applicable rights of redemption held by the entity as required by 26 U.S.C. § 7425 and/or Tennessee Code § 67-1-1433.

All right and equity of redemption, statutory and otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good; however, the undersigned will sell and convey only as Substitute Trustee.

The transfer shall be AS IS, WHERE IS, AND WITH ALL FAULTS, and without warranties of any kind, express or implied, as to the condition of the Property and the improvements located thereon, including merchantability or fitness for particular purpose.  Trustee shall make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only.

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.

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 by the Substitute Trustee at any time.

THIS OFFICE IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Clear Recon LLC

Substitute Trustee

5751 Uptain Road

Suite 514

Chattanooga, Tennessee 37411

Phone: (877) 319-8840

File No: 2191-968A

(7-25; 8-1-8-3tc)

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