Legal Notices For The Week Of January 22, 2020

Notice

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

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Public Notice Advertisement

Bond Release Application

The Estate of Bruno Gernt, Inc., P.O. Box 69, Allardt, Tennessee 38504 is applying for Phase III release of the bond posted for the remaining 12.5 acres of Permit No. 2879, which was issued on October 26, 1989 and was last renewed on October 25, 1994.  The permit for the Area #13 mine site currently consists of 12.5 acres and is located in Fentress County, TN on the Grimsley and Wilder, TN U.S.G.S. quadrangle maps at latitude N36 20’ 04” and longitude W84 00’ 32”, approximately 6 miles south of Jamestown, Tennessee.  The original bond amount was $295,000, with Phase I release of $135,800 occurring on December 13, 1995, and Phase II release of $84,400 occurring on September 14, 1998.  Phase III release was also received for 305.3 of the 317.8 acre permit on May 18, 2001.  The collateral bond amount currently in effect is $74,800 and a bond release of $74,800 is requested.  The bond release is based on completion of the following reclamation:

1. The surface mine area has been backfilled and graded so as to restore the area to the approximate original contour.  The disturbed areas have been revegetated with grasses and legumes, in accordance with the approved plans.  

2. Backfilling, grading, seeding, and mulching of the disturbed surface mine area was completed in July of 1995.  Horse riding trails were constructed in 1998 to support the approved post mining land use.

3. The reclaimed mine site has been revegetated with grasses and legumes, in accordance with the approved plans.  Revegetation in this manner supports the post mining land use of recreation and wildlife habitat.  The sediment basins are permanent structures to support the approved post mining land use.     

4. The approved post mining land use for the mine site is recreational/ wildlife habitat.  

Written comments, objections, and requests for a public hearing or an informal conference may be submitted to the Office of Surface Mining, 710 Locust Street, Second Floor, Knoxville, Tennessee 37902 prior to February 24. 2020, which is 30 days following the last publication date.

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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 9, 2016, and the Deed of Trust of even date securing the same, recorded June 10, 2016, in Book No. 255, at Page 669, in Office of the Register of Deeds for Fentress County, Tennessee, executed by Paul F Ihben, conveying certain property therein described to Scott R. Valby as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Mortgage Research Center, LLC dba Veterans United Home Loans, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by PennyMac Loan Services, LLC.

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 PennyMac Loan Services, LLC, will, on February 6, 2020 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:

SITUATED, LYING AND BEING in the First (1st) Civil District of Fentress County, Tennessee and being more particularly described as follows:

TRACT 1: Lying on the East side of U.S. Hwy. 127 and Beginning at an iron pin in the Eastern edge of the ROW of U.S. Hwy. 127 where same intersects with the Northern edge of the ROW of the Pearl Hinds Road; thence with the Eastern edge of the ROW of U.S. Hwy. 127, N-16-12-W, 219.00 feet to a point; thence N-21-22-W, 74.00 feet to an iron pin; thence severing the parent tract and running N-70-26-E, 362.21 feet to an iron pin in the Western edge of the ROW of a roadway; thence S-28-00-E, 292.00 feet to an iron pin in the Northern edge of the ROW of the Pearl Hinds Road; thence with the Northern edge of the ROW of the Pearl Hinds Road, S-68-10-W; 391.0 feet to a point; thence N–84–20-W, 27.50 feet to the point of beginning, containing 2.64 acres, more or less. The above description was ascertained from a plat of the property of H.B. Duncan Heirs and Porter Hinds of Lot No. 3 and No. 6 and was prepared by Foy Survey Company on September 22, 1993.

TRACT 2: Being approximately four (4) miles from the Courthouse in Jamestown, Tennessee by way of Hwy. 127 and Beginning at a point in the Eastern edge of the ROW of Hwy. 127, the Northernmost corner of the properly of Jeanetta Davidson; thence N-39-10-W, 170.5 feet to a point; thence N-26-10-W, 293.7 feet to an iron pin; thence-81-10-49-E, 125.23 feet to an iron pin; thence North 01° GO minutes 21 seconds, 49.97 feet to an iron pin in a 9’ roadway; thence with said roadway. South 86° East, 345.32 feet to a point in the intersection of said roadway with a 20’ gravel road; thence with said gravel road, S-23-15-E, 185.5 feet to a point; thence continuing Southeastwardly with a road ROW to the Northeast corner of a tract previously conveyed from the parent tract 146.5 feet to an iron pin; thence S-70-26-W, 362.21 feet to the point of Beginning, containing 3.69 acres, more or less. Being the Northern portion (after excluding a .17 acre tract deeded to Twin Lakes Telephone Cooperative recorded in Deed Book H-7, page 619) of that property in that Warranty Deed from Clarence E. Groce and wife, Joann Groce, to Jerry Davidson and wife, Jearldean Davidson, recorded in Deed Book H-7, page 400, Register’s Office, Fentress County, Tennessee.

ALSO KNOWN AS: 128 Pearl Hinds Court, 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:

PAUL F IHBEN

ESTATE OF PAUL F IHBEN

HEIRS OF PAUL F IHBEN

DAVID IHBEN

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. 344567

DATED January 2, 2020

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

Successor Trustee

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NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Ronald Wayne Dishmon and wife, Patricia Gail Dishmon unto William J. Campbell, as Trustee, recorded July 10, 2013 in Record Book 215, Page 394 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated July 3, 2013, payable by Ronald Wayne Dishmon and wife, Patricia Gail Dishmon 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, January 30, 2020 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 176, Page 349, and commonly known as Lot PT12.

PROPERTY ADDRESS: 121 Connect Rd., Jamestown, Tennessee 38556

TAX MAP 87I, Group A, PARCEL 16.00

(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

Doug Jones

Substitute Trustee

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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 February 11, 2020, 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 West 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 03101 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

651 East 4th Street

Suite 200

Chattanooga, TN 37403

Phone: (877) 319-8840

File No: 2191-1728A

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JAMESTOWN MUNICIPAL AIRPORT JAMESTOWN, TN RUNWAY RECONSTRUCTION AND TAXIWAY RELOCATION PROJECT 

Sealed construction proposals for the Runway Reconstruction and Taxiway Relocation Project for the Jamestown Municipal Airport will be received by Jamestown City Hall, 314 East Central Ave, Jamestown, TN 38556 until 1:30 p.m. local time on February 18, 2020.  Bids which are delivered in advance by any means shall be delivered to:  Jamestown City Hall, 314 East Central Ave, Jamestown, TN 38556, Attention:  Gail Dishmon, City Recorder.  They shall be clearly labeled:  Bid for Runway Reconstruction and Taxiway Relocation Project – Jamestown Municipal Airport – DO NOT OPEN.  The work generally consists of the reconstruction of the airport’s runway (3,498 feet long x 75 feet wide) and the relocation of both airport taxiways (proposed taxiway 2,125 feet long x 35 feet wide typically).  Also included are runway and taxiway lighting, new electrical vault, grading, storm drainage, fencing, and other associated work.  The project will be bid as two Bid Alternates; one for a concrete pavement section and one for an asphalt pavement section.   Further description is below:  BID ALTERNATE NO. 1 – Bid Alternate No. 1 consists of a concrete pavement section for both the proposed runway and taxiway.  The runway pavement section consists of a 5 inch layer of P-501 Portland Cement Concrete (PCC) placed over the existing pavement.    The taxiway pavement section consists of a 6 inch layer of P-501 Portland Cement Concrete (PCC) placed over 6 inches of crushed aggregate base course.  BID ALTERNATE NO. 2 – Bid Alternate No. 2 consists of an asphalt pavement section for both the proposed runway and taxiway.  The runway pavement section consists of 2 2-inch layers of P-401 Bituminous Asphalt Course placed over 12 inches of full depth reclamation (FDR).  The taxiway pavement section consists of 2 2-inch layers of P-401 Bituminous Asphalt Course placed over 7 inches of crushed aggregate base course.  Pavement sections for all four pavements are detailed on the Typical Sections sheet in the construction plans.  Either Bid Alternate may be awarded, but not both.   It is the preference of the OWNER to award Bid Alternate 1 if funding is available to do so.  It is the sole responsibility of each prospective bidder to notify the Engineer (Neel-Schaffer, Inc., 210 25th Avenue North, Suite 800, Nashville, TN 37203, 205.912.8549, joshua.stump@neel-schaffer.com) that you are a plan holder in order to receive addenda.  Only registered plan holders will receive addenda.  Each prospective bidder shall provide and maintain the following current information with the Engineer: company name, contact person, mailing address, e-mail, and telephone number.  Complete sets of digital drawings and digital specifications can be e-mailed to prospective bidders at no charge.  To receive the plans and specifications, prospective bidders need to call (205-912-8549) or send an e-mail request to joshua.stump@neel-schaffer.com with the aforementioned required information.  Printed hard copy sets will not be issued.  Plans are anticipated to be available on January 22, 2020.  Drawings and specifications may be examined at Neel-Schaffer, Inc., Nashville, Tennessee; Jamestown Municipal Airport, Jamestown, Tennessee; and McGraw-Hill Dodge Corporation.  The City of Jamestown, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D to 2000D-4 and Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Non-Discrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Bidders that each Bidder must affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, handicap, or national origin in consideration of an award.  Each proposal must be accompanied by a Bidder’s Bond on the form contained in the Proposal Book from a surety company acceptable to the City of Lafayette or a cashier’s check or certified check made payable to the City of Jamestown for not less than five percent (5%) of the total amount of the bid.  A 100% Contract Bond will be required of the successful Contractor.  Liquidated damages for delay in contract completion shall be as stated in the Proposal. 

All Bidders shall be licensed Contractors as required by the Contractors Licensing Act of 1976 of the General Assembly of the State of Tennessee, and all amendments thereto in effect on the date of receipt of bids.  The proposal, which shall be enclosed in a sealed envelope shall be clearly labeled on the outside of the envelope with the name of the project, contractor’s name and address and license number, classification, expiration date, and the date and time of the Bid Opening (so as to guard against premature opening of any bid).  Failure to show these items on the outside of the envelope will result in the bid being returned to the Bidder unopened.

 All Bidders shall complete and certify the enclosed Drug Free Workplace Affidavit.  Withdrawal of Bid:  Any Bidder, upon his and his authorized representative’s written request, will be given permission to withdraw his proposal not later than the time set for opening thereto.  At the time of opening of proposals, provided written request has been submitted prior to the time of the opening, when such proposal is reached it will be returned to the Bidder unopened.  Unless contrary to the statues of the State of Tennessee, including local charter provisions, no Bidder may withdraw a bid submitted for a period of ninety (90) days after actual bid opening without Owner’s consent.  Award will be made to the lowest responsible qualified Bidder in accordance with Contract documents, if awarded.  Important Notice to Bidders:  A pre-bid meeting has been scheduled for 10:30 a.m. local time, January 30, 2020 at the Jamestown Municipal Airport, 125 Airport Road, Jamestown TN 38556 for the purpose of reviewing the bid documents and answering questions.  Attendance at this pre-bid meeting by an appropriate Contractor representative is not mandatory but highly recommended.  THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAVE TECHNICALITIES IS RESERVED.   

City of Jamestown  

By: Lyndon Baines Mayor

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NOTICE OF PUBLIC SALE 

OF VEHICLE

On Wednesday, January 29, 2020 at 10:30 a.m. CDT at Roger’s Automotive, 516 Oak Road, Jamestown, TN 38556, the following vehicle will be sold at public auction:

1987 Cadillac Fleetwood

VIN# 1G6CS5187H4260475

This vehicle is presently held by Roger’s Automotive of 516 Oak Road, Jamestown, TN 38556, and will be sold for the charges due on the vehicle for storage.

Roger Garrett

Roger’s Automotive

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PUBLIC NOTICE: 

Cellco Partnership and its controlled affiliates doing business as Verizon Wireless (Verizon Wireless) is proposing to build a 300-foot self-support Telecommunications Tower located at Rugby Pike, Route 52, Allardt, Fentress County, TN 28457 (36 22 43.43 North and 84 52 30.01 West). Anticipated lighting application is medium intensity dual red/white strobes. The Federal Communications Commission (FCC) Antenna Structure Registration (ASR, Form 854) filing number is A1150085. 

ENVIRONMENTAL EFFECTS – Interested persons may review the application (www.fcc.gov/asr/applications) by entering the filing number. Environmental concerns may be raised by filing a Request for Environmental Review (www.fcc.gov/asr/environmentalrequest) and online filings are strongly encouraged. The mailing address to file a paper copy is: FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street SW, Washington, DC 20554. Public comments regarding potential effects from this site on historic properties may be submitted within 30-days from the date of this publication to: T. Goehrig, Terracon, 2105 Newpoint Place, Suite 600, Lawrenceville, GA 30043, 864-729-7034 or tori.goehrig@terracon.com.

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 NOTICE

The Fentress County Industrial Development Board will be meeting for a work session with the Natural Resource Conservation Service on Friday, January 24th at 9:30 a.m. This meeting will be held at the Fentress County Courthouse in the Economic Development Room.  This meeting is open to the public.

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NOTICE

The Jamestown Regional Planning Commission will hold its regular monthly meeting at 5:30 p.m. on Tuesday, January 28, 2020. The public is invited to attend.

Gail Dishmon, City Recorder

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