Legal Notices For The Week Of January 31, 2018

NOTICE OF FORECLOSURE

WHEREAS, by Deed of Trust dated August 1, 2008, of record in Book 145, page 266, Register’s Office of Fentress County, Tennessee, Blain A. Powers and Candace R. Powers, husband and wife, did convey unto T. Mike Estes, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and

WHEREAS, FARM CREDIT MID-AMERICA, FLCA (F/K/A FARM CREDIT SERVICES OF MID-AMERICA, FLCA), is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and

WHEREAS, M. WYATT BURK was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Book 279, page 261, Register’s Office of Fentress County, Tennessee; and

WHEREAS, the said real estate described in said Deed of Trust is as follows:

Lying and being in the 4th Civil District of FENTRESS COUNTY, TENNESSEE, and being LOT #361 of “WILDER MOUNTAIN, PHASE II,” being a development of J. J. DETWEILER ENTERPRISES, INC., and being depicted on a survey plat prepared by Christopher M. Vick, R. L. S. #2164, and being of record in Plat Book P5, Page 54, of the Register’s Records for Fentress County, Tennessee, to which reference is here made for a complete description of the property.

EASEMENT:

The Grantor reserves an easement over the above described tract along the path of any existing road as depicted on the master subdivision/development plat referenced above in a total width of twenty-five (25) feet from the centerline of the road.  The easement is permanent and is for the purpose of ingress and egress to the above tract as well as all other adjoining or contiguous tracts in the development known as Wilder Mountain Development.  The easement is also for the purpose of underground utilities at the discretion of the Developer.  The described easement attaches to and runs with the land and may be assignable in the event of dedication for roads as described in the applicable restrictive covenants.

UTILITY EASEMENT:

The grantor reserves a permanent utility easement of ten (10) feet running parallel to the adjoining road right-of-way line of each lot or tract that is depicted on the master subdivision/development plat and as described above.  The utility easement may be for use for water lines, natural gas lines, overhead or underground electric or related utilities.  In addition to the permanent easement an additional five (5) feet beyond the permanent utility easement is reserved as a temporary construction and maintenance easement for said utilities.  The total width of permanent and temporary easements is fifteen (15) feet from the right-of-way line of the road that adjoins each lot or tract with said easements running parallel to that road right-of-way line.  These described permanent and temporary easements shall attach to and run with the land.  The easement shall include the right to enter on the lands of Grantee at the location of the easement for initial construction of utilities as well as maintenance and repair of utilities by both private and public utility companies, if applicable.

It is also subject to the DECLARATION OF PROTECTION COVENANTS, ROADS AND COMMON LANDS for ‘WILDER MOUNTAIN, PHASE XI” which has been placed of record in the Register’s Office for Fentress County, Tennessee, in Book 91, Pages 407-414.

BEING A PORTION OF THE PROPERTY CONVEYED IN A QUITCLAIM DEED FROM J. J. DETWEILER ENTERPRISES, INC. TO WILDER MOUNTAIN, LLC, an Ohio Limited Liability Company (authorized to do business in the State of Tennessee) dated September 6, 2005, OF RECORD IN BOOK 85, PAGES 635-642, REGISTER’S OFFICE, FENTRESS COUNTY, TENNESSEE.

Previous and last conveyance being a Warranty Deed from Wilder Mountain, LLC, an Ohio Limited Liability Company, to Blain A. Powers and wife, Candace R. Powers, by deed dated July 31, 2008, of record in the Register’s Office for Fentress County, Tennessee, in Record Book 145, page 263.

WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and

WHEREAS, the makers of said note have defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.

NOW, THEREFORE, I, the undersigned, M. WYATT BURK, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on February 9, 2018, at 12:00 P.M., at the door of the Fentress County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any

Other interested parties:  N/A

Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee.

The right is reserved to adjourn the day of the sale 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 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.  Said Deed of Trust is made a part hereof as if copied verbatim herein.

This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.

If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433.

If applicable, the notice requirements of T.C.A. 35-5-117 have been met.

The address of the property is unknown, but such address is not part of the legal description of the property sold herein, and in the event of any discrepancy, the legal description herein shall control.  This property is further identified as being Map 111, Parcel 195.00 on the records of the Tax Assessor of Fentress County, Tennessee.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This 12th day of January, 2018.

M. Wyatt Burk, Substitute Trustee

BOBO, HUNT, WHITE & BURK

111 W. Side Square

Shelbyville, Tennessee 37160

(931) 684-3327

ATTORNEYS FOR SUBSTITUTE TRUSTEE

(1-17-24-31-3tc)

IN THE CHANCERY COURT FOR FENTRESS COUNTY, TENNESSEE

CASE NO. 16-60

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-RP3, PLAINTIFF

VS

TEMMY DELAYEN MATTHEWS aka TEMMY DELAYNE MATTHEWS, CARYL SUZANNE MATTHEWS, AND CURRENT UNKNOWN OCCUPANTS 1028 LINCOLN ROAD, JAMESTOWN, TN 38556, DEFENDANTS

LAND SALE NOTICE

In obedience to a Decree of the Chancery Court at Jamestown, Tennessee, made on December 18, 2017, in the above-styled case, I will on the 16th day of February, 2018, at 10 a.m. Central Standard time, at the main entrance of the Fentress County Justice Center located at 140 Justice Center Drive, Jamestown, Tennessee 38556, sell to the highest and best bidder in compliance with T.C.A. §30-2-402, et seq. and T.C.A. §35-5-101, et seq., and as to the Local Rules for the Chancery Court of Fentress County, Tennessee, the property in said Decree located at 1028 Lincoln Road, Jamestown, Tennessee 38556, and further described as follows:

TRACT ONE:

Lying and being in the First Civil District of Fentress County, Tennessee, about 1 mile east of the courthouse by way of State Highway 52 and the Jamestown to Stockton Road in the Lone Oak Subdivision and being Lot 9 in a plat of survey by Associated Surveys as recored in Plat Book 1, Page 24, of the Register’s Office of Fentress County, Tennessee, to which reference is hereby made as fully as if copied herein verbatim.

The deed from Glenn E. Delk unto Haskell P. Greer and wife, Juanita Greer, dated October 29, 1988, acknowledged October 29, 1988, and recored October 31, 1988 at 2:17 p.m. in Deed Book R-6, Page 349, of the Register’s Office of Fentress County, Tennessee.

The death of Juanita Greer leaving Haskell Porter Greer, surviving tenant by the entirety.

The Will of Haskell Porter Greer, dated July 2, 1996, witnessed July 2, 1996, and filed July 29, 1999, in the Clerk and Master’s Office of Fentress County Tennessee, in Case No. P-99-28, and then recorded in Deed Book E-8, Page 350, of the Register’s Office of Fentress County, Tennessee.

Tax Map 63D, Group A, Parcel 9.00

TRACT TWO:

Lying and being in the First Civil District of Fentress County, Tennessee about 1 mile east of the courthouse by way of State Highway 52 and the Jamestown to Stockton Road in the Lone Oak Subdivision and being Lot (s) 10, 11, and 12 in plat of survey by Associated Surveys as recorded in Plat Book 1, Page 24, of the Register’s Office of Fentress County, Tennessee, to which reference is hereby made as fully as if copied herein verbatim, being a part of the land conveyed to Jimmy D. Taylor and wife, Brenda G. Taylor, by deed from L.B. Mitchell and Lonza Mitchell, dated June 22, 1976, and recorded in Deed Book I-5, Page 43, in the aforesaid Register’s Office, and moreover being the same land in which a one-half (1/2) interest was conveyed by Jimmy D. Taylor and wife, Brenda G. Taylor, to S. Thomas Burnett, by deed recorded October 31, 1978, in Deed Book P-5, Page 44, of the Register’s Office of Fentress County, Tennessee.

Subject to the sellout of the western portion of Lot 12 by virtue of the deed from Obert Ellis and wife, Lela Ellis, unto Olive Reed Poore, dated March 5, 1983, and recorded in Deed Book B-6, Page 206, of the Register’s Office of Fentress County, Tennessee, which has the following description:

Lying and being in the First Civil District of Fentress County, Tennessee, about 1 mile east of the courthouse by way of State Highway 52 and the Jamestown to Stockton Road in the Lone Oak Subdivision and being a portion of Lot 12 in plat survey by Associated Surveys as recorded in Plat Book 1, Page 24, of the Register’s Office of Fentress County, Tennessee, and more particularly described as beginning at a post on the common corner of Lots 11 and Lot 12, adjacent to Lincoln Drive; thence north 84 degrees 19 minutes east 195 feet, more or less, to a steel post; thence north 5 degrees 41` minutes west 100 feet, more or less, to a steel post; thence south 84 degrees 19 minutes west 195 feet, more or less, to a steel post in the east right-of-way of Lincoln Drive; thence south 5 degrees 41 minutes east with the east right-of-way of Lincoln Drive 100 feet, more or less, to the beginning, containing .45 of an acre, more or less.

Subject to the sellout from Obert Ellis and wife, Lela Ellis, unto

Richard W. Bowmer and Linda D. Bowmer, his wife, by virtue of the deed dated September 7, 1984, and recorded in Deed Book E-6, Page 299, of the Register’s Office of Fentress County, Tennessee, which has the following descriptions:

Lying and being in the First Civil District of Fentress County, Tennessee, and situated approximately one mile east of the courthouse at Jamestown by way of State Highway 52 and the Jamestown to Stockton Road and being in the Lone Oak Subdivision, the plat for which is recorded in Plat Book 1, Page 24, of the Register’s Office of Fentress County, Tennessee, and the description therein of which is incorporated herein as if set out verbatim and being a part, parcel and portion of those lands conveyed to the grantors, Obert Ellis and wife Lela Ellis, by Jimmy D. Taylor and wife Brenda G. Taylor and S. Thomas Burnett as dated June 27, 1979, and recorded in Deed Book R-5, Page 46, of the Register’s Office of Fentress County, Tennessee, and more particularly being part of Lot 11 of such subdivision as described by such subdivision plat and beginning at the northwest corner of said Lot 11 an iron pole in the east right-of-way of Lincoln Drive; thence south 04 degrees 01 minute east 99.99 feet to an iron pole, the southwest corner of said Lot 11, thence north 81 degrees 08 minutes east 197.64 feet to an iron pin; thence north 06 degrees 33 minutes west 99.63 feet to an iron pin; thence south 86 degrees 16 minutes west 193.23 feet to the point of beginning.

Previous and last conveyance being by virtue of the following:

The deed from Obert Ellis and wife, Lela Ellis, unto Haskell P. Greer and wife, Juanita Greer, dated October 27, 1988, acknowledged October 27, 1988, and recorded October 31, 1988 at 2:17 p.m. in Deed Book R-6, Page 351, of the Register’s Office of Fentress County, Tennessee.

The death of Juanita Greer leaving Haskell P. Greer, surviving tenant by the entirety.  See Affidavit of Descent, at Book 60, in Page 337, in the Register’s Office of Fentress County, Tennessee.

The Will of Haskell Porter Greer, dated July 2, 1996, witnessed July 2, 1996, and filed July 29, 1999, in the Clerk & Master’s Office of Fentress County, Tennessee, in Case No. P-99-28, and then recorded in Deed Book E-8, Page 350, of the Register’s Office of Fentress County, Tennessee.

Being assessed on Tax Map 63D, Group A, Parcels 7.01 and 8.00.

Source of title Book 60, Page 338, recorded March 17, 2004, in the Register’s Office of Fentress County, Tennessee.

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 22nd day of January, 2018.

Renee Kammer

Attorney for Plaintiff

Marinosci Law Group, P.C.

50 Peabody Place, Suite 255

Memphis, TN 38103

901-203-0680

Linda Smith,

Clerk & Master

140 Justice Center Drive Suite 110

Jamestown, Tennessee 38556

931-879-8615

(1-24-31; 2-7-3tc)

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on September 10, 2009, by Glen H. Rawls to Bobby M. Goode, Trustee, as same appears of record in the Register’s Office of Fentress County, Tennessee in Book 163, Page 555-561, (“Deed of Trust”); and

WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture (“USDA”); and

WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed Jerry Jolley as Substitute Trustee by instrument filed for record in the Register’s Office of Fentress County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and

NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and Jerry Jolley as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Wednesday, February 28, 2017, commencing at 10:00 a.m. at the east door of the Fentress County Courthouse Jamestown, Tennessee, proceed to sell at public outcry to the highest bidder either for cash (must be in the form of a cashier’s check) or 10 per cent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the Fourth Civil District in Fentress County, Tennessee to wit:

“A metes and bounds description of the property is included in the deed referenced below.”

Map 133 Parcel 030.82

PROPERTY ADDRESS: 644 Rob’s Road, Grimsley, TN 38565

The previous and last conveyance being the deed from Heidi B. Greeson to Glen H. Rawls, recorded in Book 163, Page 552 in the Register’s Office of Fentress County, Tennessee.

CURRENT OWNERS: Glen H. Rawls

The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any prior liens or encumbrances as well as any

priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.

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

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.

Jerry Jolley

Substitute Trustee

390 South Lowe

Suite K

Cookeville, TN 38501

http//www.resales.usda.gov

(1-31; 2-7-14-3tc)

NOTICE TO CREDITORS

(As required by T.C.A. 30-509 as amended by Chapter 229, Public Acts of Tennessee, 1971)

Docket No. P-18-06

Estate of Robert Crabtree, Late of Fentress County, Tennessee.

Notice is Hereby Given that on the 17th day of January, 2018, Letters Testamentary, of Administration in respect of the Estate of Robert Crabtree, deceased,  were inssued to the undersigned by the Clerk & Master of the Probate Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against the Estate are required to file the same in triplicate with the Clerk and Master of the above named Court  within: (1)(A) four (4) months from the date of the first publication or posting of this notice if the creditor received an actual copy of this notice to creditors at least sixty 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 this notice to creditors if the creditor received the copy of the notice less than 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; otherwise their claim will be forever barred.  All persons indebted to the above Estate must come forward and make proper settlement with the undersigned at once.

This 17th day of January, 2018.

Melanie Stepp Lane

Lonnie Crabtree

Executor

Estate Of Deceased

Robert Crabtree

1446 North York Highway

Jamestown, TN 38556

Attorney for Estate

Melanie Stepp Lane

P.O. Box 797

Jamestown, TN 38556

Linda Smith

Clerk & Master

Fentress County Probate Court

(1-24-31-2tp)

PROBATE AND FAMILY COURT OF FENTRESS COUNTY, TN

NOTICE TO CREDITORS

Cause No. P-18-04

ESTATE of Gary D. Rains, Deceased

Notice is hereby given that on the 12th day of January, 2018, Letters Testamentary in respect to the estate of Gary Rains, Deceased, who died November 28th, 2017, were issued to the undersigned by the Probate and Family Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or not, against the estate are required to file the same with the clerk 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);

(b.) Sixty (60) days from the date the creditor received an actual copy of this notice to creditors if the creditor received the copy of the notice less than sixty (60) days proir 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 the 12th day of January, 2018.

Heather Harvey

Personal Representative

Doug Jones

Attorney

BPR#022868

Linda Smith

Clerk and Master

(1-24-31-2tp)

NOTICE

SEAN MICHAEL EPPERSON

The State of Tennessee, Department of Children’s Services, has filed a Petition for Termination of Parental Rights as to Gage, Kira and Tucker Epperson.  It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown.  You are hereby ORDERED to serve upon Jessica Krebs, Attorney for the Tennessee Department of Children Services, 600 Hearthwood Court, Cookeville, Tennessee 38506, (931) 646-3010, an Answer to the Petition for Termination of Parental Rights filed by the Tennessee Department of Children Services, within five (5) days of the last day of publication of this notice, and pursuant to Rule 39(e)(1) of the Tenn. R. Juv. P. you must also appear in the Juvenile Court of Fentress County, Tennessee at Jamestown, Tennessee on the 9th day of April, 2018, at 9:00 a.m., for the Hearing on the Petition for Termination of Parental Rights by the State of Tennessee, Department of Children’s Services  If you fail to do so, a default judgment will be taken against you pursuant to Tenn. Code Ann. § 36-1-117(n) and Rule 55 of the Tenn. R. of Civ. P. for the relief demanded in the Petition.  You may view and obtain a copy of the Petition and any other subsequently filed legal documents at the Juvenile Court Clerk’s Office, Jamestown, Tennessee.

Entered this 8th day of January, 2018.

HONORABLE TODD BURNETT

JUVENILE COURT JUDGE

APPROVED FOR ENTRY:

Jessica Krebs, #034313

Attorney for the Tennessee

Department of Children’s Services

600 Hearthwood Court

Cookeville, TN 38506

(931) 372-7127

(1-10-17-24-31-4tc)

Notice of sale of vehicle

The undersigned have retained a security interest in the following described vehicles and default having been made in said security agreement, and having regained possession of said property, the undersigned hereby gives notice to the public that it will sell to the highest and best bidder for cash at the lobby of the Union Bank Impound Lot on North Main Street on February 10th at 10:00 A.M. Vehicles are described as follows:

2003 Chrysler

VIN: 3C4FY48B83T565586

1993 Dodge

VIN: 1B7GG23Y8PS103883

2008 Chevy

VIN: 1G1ZG57B08F234857

2000 Dodge

VIN: 1B7GL22N4YS592738

2010 Hyun

VIN: 5NPET4AC4AH637376

2001 Volk

VIN: 3VWCK21C71M426887

Cody Hamby

Collection Officer

Union Bank

(1-31-1tc)

NOTICE

The Fentress County Finance Committee will meet Monday, February 5, 2018 at 4:30 p.m.  The meeting will be held at the Finance Building located at 103A Smith Street South.  Open to the public.

(1-31-1tc)

Notice

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

(tfc)

Notice

The Industrial Development Board of Fentress County will hold its regular monthly meeting on Wednesday, February 7, 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.

( 1-31-1tc)

LEGAL NOTICE:

Pursuant to the Individuals with Disabilities Education Act (IDEA) (34 C.F.R. 300.624) and the Family Education Rights and Privacy Act  (FERPA) (34 C.F.R. 99), Tennessee’s Early Intervention System (TEIS) will be destroying special education records that are older than three (3) years past the date the child would be eligible for any early intervention services through this program.  This includes all records of children with a date of birth of December 31, 2011 or before.  Parents who wish to obtain their child’s old record(s) must contact TEIS at 1-800-852-7157 or see www.TN.Gov/education/teis for your specific local office contact information.  Please do so by March 15, 2018.  Records will be destroyed after that date.

(1-31; 2-7-14-21-28-4tc)

TN Press 18-7554