Legal Notices For The Week Of December 13, 2017

Notice

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

(tfc)

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 June 2, 2015, and the Deed of Trust of even date securing the same, recorded June 8, 2015, in Book No. 241, at Page 79, in Office of the Register of Deeds for Fentress County, Tennessee, executed by Johnny Hamby and Kelly Hamby, conveying certain property therein described to Alan Pritchard as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Southwest Funding, LP, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Caliber Home Loans, Inc..

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 Caliber Home Loans, Inc., will, on January 18, 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:

All of Lot 54 of the Whispering Winds Lakes Subdivision as shown in Plat Book 1 page 109 in the Fentress County Register of Deeds and further describes as follows: Lying and being in the First Civil District of Fentress County, Tennessee and being located approximately 3.8 miles north of The Courthouse in Jamestown by way of U.S. Highway 127 north approximately 3.8 miles to Yellow Cliff Road; thence westward on Yellow Cliff Road approximately 0.58 miles to Hillcrest Drive; thence North on Hillcrest Drive approximately 580 feet to Greenwood Drive; thence northwest on Greenwood Drive approximately 565 feet and Beginning at an stake in the west margin of said road, said point being the northeast corner of Lot 55; thence leaving said road and running west with the north line of Lot 55 approximately 90 feet and to a stake set in the east right-of-way of Hickory Hill Drive, said point being the northwest corner of Lot 55; thence running northwest with said right-of-way approximately 180 feet to stake, said point being the southwest corner of Lot 53; thence running east with the south line of Lot 53 approximately 104 feet to a stake in the west right-of-way of Greenwood Drive; thence running south with said right-of-way approximately 170 feet to the point of beginning. The distances are taken from the survey plat recorded in Plat Book 1, Page 9, in The Register’s Office of Fentress County, Tennessee.

ALSO KNOWN AS: 1013 Hickory Hill Dr., 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:

JOHNNY HAMBY

KELLY HAMBY

RAINMAKER FINANCIAL, LLC

WHISPERING WINDS LAKE ESTATES

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. W&A No. 326074

DATED November 17, 2017

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

Successor Trustee

W&A No. 326074

(11-29; 12-6-13-3tc)

NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Jennifer Beaty unto William J. Campbell, as Trustee, recorded October 9, 2008 in Record Book 148, Page 51 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated October 8, 2008, payable by Jennifer Beaty 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,  December 28, 2017, 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 148, Page 49, and commonly known as Lot 15 of Deefield Estates, containing 1.9 acres, more or less.

PROPERTY ADDRESS: 798 Basin Road, Jamestown, TN 38556

TAX MAP 26, PARCEL 58.05

(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: Volunteer Energy

OTHER INTERESTED PARTIES: Irene Beaty

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

Doug Jones

Substitute Trustee

(12-6-13-20-3tc)

NOTICE

STATE OF SOUTH DAKOTA

COUNTY OF MEADE

SS

IN CIRCUIT COURT

FOURTH JUDICIAL CIRUCIT

46DIV17-60

NOTICE OF INTENTION TO TAKE DEFAULT JUDGMENT AND DECREE OF DIVORCE

EMILY FEISTNER-FOX

Plaintiff

vs

HENRY LEE ALEXANDER FOX

Defendent

TO THE ABOVE-NAMED DEFENDANT, HENRY LEE ALEXANDER FOX:

PLEASE TAKE NOTICE that on the 9th day of January, 2018, at 9:30 a.m. at the Meade County Courthouse, Sturgis, South Dakota, before the Honorable Gordon Swanson, the Plaintiff will seek judgment for relief demanded in the Compliant and proposed Default Judgment and Decree of Divorce filed in the above-entitled action.

Dated this 29th day of November, 2017.

Gregory J. Sperlich

DEMERSSEMAN JENSEN

TELLINGHUISEN & HUFFMAN, LLP

Attorneys for Plaintiff

516 5th Street, P.O. Box 1820

Rapid City, SD 57709-1820

(605) 342-2814

(12-6-13-20-27-4tp)

Notice To Creditors

(As required by T.C.A. §30-2-306)

No. P-17-47

Estate of Gary Junior Holt, Late of Fentress County, Tennessee

Notice is hereby given that on the 29th day of November, 2017, Letters Testamentary (or of Administration, as the case may be) in respect of the Estate of Gary Junior Holt, deceased, who died the 19th day of November, 2017 were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and nonresident, having claims, matured or unmatured, against the Estate are required to file the same with the Clerk & Master of the above-named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise their claims will be forever barred:

(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or

(B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than least sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or

(2) Twelve (12) months from the decedent’s date of death.

This 29th day of November, 2017.

Brooke Holt Legnon

Executrix
Estate of Gary Junior Holt

1701 Amhurst Point

Mount Juliet, TN 37122

Linda Smith

Clerk & Master

140 Justice Ctr. Dr., Ste. 110

Jamestown, TN 38556

(12-6-13-2tp)

land sale notice

IN THE CHANCERY COURT FOR FENTRESS COUNTY, TENNESSEE

PROBATE DIVISION

IN RE: ESTATE OF JACK BROWN,

DECEASED

JENNINGS FUNERAL HOME, INC. and

ALLEN BRANSTETTER,

Plaintiffs

CASE NO. P-13-06

Vs.

JACKIE BROWN, ANGELA BROWN,

REBECCA OSBORNE, and TIMOTHY

ROY BROWN, Defendants

LAND SALE NOTICE

In obedience to a Decree of the Chancery Court at Jamestown, Tennessee, made on March 3, 2017, in the above-styled case, I will on the 12th day of January, 2018, at 10 a.m. Central Standard Time, on the premises of the below-described property located at 519 Burnett Street, Jamestown, Tennessee 38556, sell to the highest and best bidder the property in said Decree described as follows:

TRACT ONE:

Situated in District No. One of Fentress County, Tennessee, being known and designated as Lot 35 Wallace, Taylor, Wallace Subdivision, a subdivision in Jamestown, Tennessee, as shown by plat of said subdivision of record in Deed Book I-4, Page 388, in the Register’s Office of Fentress County, Tennessee, to which map specific reference is hereby made for a more particular description.

The previous and last conveyance being a deed from Clinton Smith, et al to Jack M. Brown, recorded February 25, 1997, in Deed Book V-7, Page 292; and a deed from the heirs of Donald Smith, deceased, to Jack M. Brown, recorded February 25, 1997, in Deed Book V-7, Page 296, both being recorded in the Register’s Office of Fentress County, Tennessee.

Map 63J, Group C, Parcel 9.00

TRACT TWO:

Lying and being in the First Civil District of Fentress County, Tennessee, and beginning at a stake on the west margin of Burnett Street about 150 feet south of Sadie Street and running thence with the south line of Lot 35, westwardly 100 feet to a stake; thence southwardly with the east line of Lot 51, 80 feet to a stake; thence eastwardly with the north line of Lot 37, 100 feet to a stake in the west margin of Burnett Street; thence northwardly with Burnett Street, 80 feet to the beginning corner, containing .2 acre, more or less, and being Lot 36 of the

WTW Builders Subdivision, as shown on a plat filed in Deed Book I-4, Page 388, in the Register’s Office of Fentress County, Tennessee, and subject to a 20 foot utility easement as shown on said plat along the west line, and subject also to the “Protective Covenants” filed in Miscellaneous Book 24, Page 360, in the Register’s Office of Fentress County, Tennessee.

The previous and last conveyance being a deed from Mary Frances Wright to Jack M. Brown, recorded December 9, 1997, in Deed Book Y-7, Page 643, in the Register’s Office of Fentress County, Tennessee.

Map 63J, Group C, Parcel 8.00

TERMS OF SALE:

Sale will be cash in hand. Twenty (20%) percent down payment due day of sale with balance due on or before the Court’s confirmation of sale.  Announcements made day of sale take precedence over all previous announcements or advertised material.

This 8th day of December, 2017.

MELANIE LANE

Attorney for Petitioners

P.O. Box 797

Jamestown, Tennessee  38556

931-879-8144

LINDA SMITH, CLERK & MASTER

140 Justice Center Drive

Suite 110

Jamestown, Tennessee  38556

931-879-8615

(12-13-20-27-3tc)

LEGAL NOTICE

On November 28, 2017, Bible Believers Network, Inc., filed a Form 314 application with the FCC for Consent to Assign the Licenses for WCLC-FM (Facility ID No. 30298) and WCLC (AM) (Facility ID No. 30297) operating in Jamestown, TN, to New Life Studios, Inc. WCLC-FM operates on channel 286 and frequency 105.1; WCLC (AM) operates on frequency 1260.

The officers and directors of Bible Believers Network, Inc., are Baley F. Allred, III, President; Brenda L. Allred, Secretary/Treasurer; and B.F. Allred, Director. The officers and directors of New Life Studios, Inc., are Baley F. Allred, III, President; Brenda L. Allred, Secretary/Treasurer; Paul Martin, Director; Randy Jones, Director; and Ralph Sexton, Jr., Director.

A copy of this application and related material is available in the Public File for WCLC-FM and WCLC (AM), located at 224 W. Central Avenue, Jamestown, TN 38556, Monday through Friday during regular operating hours; phone: (931) 879- 8188.

(12-13-20-27-3tc)

NOTICE OF TRUSTEE’S SALE OF REAL ESTATE

WHEREAS, on the 12th day of June, 2009, DAVID R. WHITED and wife, LYNN A. WHITED did make, execute and deliver a certain Deed of Trust to Stephen L. Rains, as Trustee, to secure the payment of a certain Promissory Note of even date therewith, with said Note being payable to Progressive Savings Bank.  Said Note is more fully described in said Deed of Trust of record in Book 159, Page 656, recorded on June 16, 2009, and to which Deed of Trust reference is hereby made; and

WHEREAS, default has been made in the terms, conditions and payments provided for in said certain Note heretofore mentioned, and the holder and owner of said Note 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.

WHERAS, F. Matthew Curtis was appointed Successor Trustee of the above described instrument as evidenced by that Appointment of Successor Trustee dated 20th July, 2017 and recorded in Record Book 272, Page 731; and

THEREFORE, in accordance with the terms of the Deed of Trust and by virtue of the power and authority vested in the undersigned by the aforesaid Deed of Trust, the public is hereby notified that the undersigned Trustee, having been requested so to do by the said holder and owner of the Note, will sell the hereinafter described real estate at public auction to the highest and best bidder for cash in hand (or credit upon the indebtedness secured if the holder of the secured indebtedness is the successful bidder) at the front door of the Fentress County Courthouse in Jamestown, Tennessee, at the hour of 11:00 a.m. prevailing time on Tuesday, the 2nd day of January, 2018; 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 Trustee will pay any state, county or municipal taxes due on the property through the year 2017 and the purchaser at this sale shall be responsible for taxes for 2018 and thereafter.  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 located in Fentress County, Tennessee, and is more particularly described as follows:

LEGAL DESCRIPTION

Situated in the Fourth Civil District of Fentress County, Tennessee, and BEGINNING on a set stone and stake located at the north right—of-way line of a public road, said corner being also the northeast corner of the lands of Louis Tarufelli and running thence north 84 degrees 30 minutes east with the boundary line of said Louis Tarufelli tract of land, 660 feet to an iron pin; thence running north 65 degrees 30 minutes west 1156 feet to an iron pin in the boundary line of the Baxter Wilson property; and running thence south 57 degrees 06 minutes east 150 feet to a stake on the north side of said road; thence running with the northwesterly right—of—way line of said road, south 56 degrees 20 minutes east 240 feet; south 26 degrees 30 minutes east 165 feet; thence south 42 degrees 50 minutes east 140 feet to the beginning, containing 4.6 acres, more or less.

Being the same property described in a deed from Kelly C. Ohmstead and wife, Lallon L. Ohmstead, to Frank R. Morgan and wife, Sharon R. Morgan, recorded in Deed Book T—7, Page 58, in the Register’s Office of Fentress County, Tennessee.

Also, being the same property described in a Deed in Lieu of Foreclosure from Frank R. Morgan and wife, Sharon R. Morgan to Progressive Savings Bank, recorded on June 16, 2009, in Book 159, Page 652, in the Register’s Office of Fentress County, Tennessee.

Previous and last conveyance being a General Warranty Deed from PROGRESSIVE SAVINGS BANK to DAVID R. WHITED and wife, LYNN A. WHITED, recorded on June 16, 2009, in Book 159, Page 654, in the Register’s Office of Fentress County, Tennessee.

Map 122, Parcel 5.02

Street Address: 1561 Press Beaty Road, Jamestown, TN 38556.

In the event the highest bidder at the foreclosure sale should fail to comply with the submitted bid, the Trustee shall have the option of accepting the next highest bid with which the bidder is able to comply, or readvertise and sell at a second sale.

The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set for the above sale.

Dated at Jamestown, Tennessee, on this the 27th day of January, 2018.

F. MATTHEW CURTIS

Attorney at Law

1080 Interstate Drive

Cookeville, Tennessee  38501

Other Interested Parties:

THDA

Attn: Lamar Brooks

Andrew Jackson Building Third Floor

502 Deaderick St.

Nashville, TN 37243

(12-13-20-27-3tc)

notice

The Fentress County Board of Commission will meet in Regular Session Monday, December 18th, 2017 at 6:00 pm. The meeting will be held at the Fentress County Courthouse located at 101 Main Street, Jamestown, TN 38556. Meeting is open to the public.

(12-13-1tc)

notice

The Fentress County Board of Commission will hold a Work Session Monday, December 18th, 2017 at 5:00 pm. The Work Session will be held at the Fentress County Courthouse located at 101 Main Street, Jamestown, TN 38556. Work Session is open to the public.

(12-13-1tc)