Legal Notices For The Week Of July 19, 2017

notice

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

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PLANNING COMMISSION MEETING TO MEET

The Jamestown Regional Planning Commission will hold its regular monthly meeting on at 5:00 p.m. on Tuesday, July 25, 2017 at Jamestown City Hall. The public is invited to attend.

Darlene Monday Davis, Mayor

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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 January 21, 2004, by Gary Voiles and wife, Lola Voiles to David Seivers, Trustee, as same appears of record in the Register’s Office of Fentress County, Tennessee in Book 58, Page 355-361, (“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, July 26th, 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 Fifth Civil District in Fentress County, Tennessee to wit: “A metes and bounds description of the property is included in the deed referenced below.”

Map 88 Parcel 46

PROPERTY ADDRESS: 3120 Mt Helen Road Allardt, TN 38504

The previous and last conveyance being the deed from Ronnie E. Koger sand Patricia (Patty) J. Hayes to Gary A. Voiles and Lola Voiles, his wife, recorded November 23, 1971 in Deed Book T-4, page 212 in the register’s office for Fentress County, Tennessee. See also for further reference Quitclaim Deed of record in Book 177, page 251 which conveys a 1/2 interest in the property to Anthony Voiles.

CURRENT OWNERS: Gary Voiles and wife Lola Voiles

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.

INTERESTED PARTIES:

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

Cookville, TN 38501

http//www.resales.usda.gov

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SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on August 3, 2017 at 2:00PM local time, at the  east door, Fentress County Courthouse, 101 Main Street, Jamestown, Tennessee pursuant to Deed of Trust executed by Patsy Winningham and Ronnie Winningham, to Charles E. Tonkin, II, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Investors Group on April 2, 2012 at Book 197, Page 934, Instrument No. 12000918; conducted by Shapiro & Ingle, LLP, having been appointed Substitute or Successor Trustee, all of record in the Fentress County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.

Party Entitled to Enforce the Debt:  J.P. Morgan Mortgage Acquisition Corp., its successors and assigns.

The following real estate located in Fentress County, Tennessee, will be sold to the highest call bidder:

Described property located at Fentress County, Tennessee, to wit:

SITUATED, LYING AND BEING in the FOURTH (4’”) Civil District of FENTRESS COUNTY, Tennessee, approximately 14 miles from the Courthouse in Jamestown by way of U.S. Hwy. 127 South, approximately 13 miles to Tennessee State Hwy. 85 (Wilder Road); thence Westwardly on Tennessee State Hwy. 85, a distance of approximately 2.6 miles to Pilgrim Drive; thence Northwardly on Pilgrim Drive a distance of approximately 500 feet and BEGINNING at a stake set in the West margin of Pilgrim Drive, said point being the Northeast comer of Lot 107; thence leaving said road and running with the North line of Lot 107, N-52-44-W, 234.06 feet to a stake; thence N-62-36-W, 279.80 feet to a stake set in the East line of Lacy; thence leaving Lot 107 and running with the East line of Lacy, N-16-23-W, 200 feet to a stake, said point being the Southwest comer of Lot 109; thence leaving the lands of Lacy and running with the South line of Lot 109, S-75-39-E, 455.90 feet to a stake set in the West margin of Pilgrim Drive, said point being the Southeast comer of Lot 109; thence leaving Lot 109 and running with said road, S-22-0-E, 199.62 feet to a stake; thence S-18-37-E, 52.03 feet to a stake; thence S-14-6-W, 39.08 feet to a stake; thence S-22-49-W, 83.58 feet to the point of Beginning, containing 2.61 acres, more or less, and being Lot 108 of the Olde Grimsley Subdivision, Phase VI, a plat of which is filed in Plat Book 4, page 38, in the Register’s Office of Fentress County, Tennessee. The bearings and distances recited herein are taken from a survey by Foy Survey Company for Allardt Land Company, Rodney W. Foy, TRLS No. 730 and being Drawing No. 4125-A, dated August 14,2002.

SUBJECT to prior conveyance retaining mineral rights which include all coal, oil and gas in, on or under said tract of land, with the right to enter, drill, take and remove same.

FURTHER SUBJECT to the following limitations and restrictive provisions which shall run with the land and which are a part of the considerationhereof, to which the parties hereto expressly agree, and by acceptance hereof, the Grantee herein expressly agrees:

1. The Grantee(s) or their assigns or successor in interest, and any grantee or grantees or their assigns or successors in interest shall use the property exclusively for residential purposes and this lot shall not be subdivided or used for commercial purposes.

2. Fencing on any lot on the property herein conveyed shall be limited to woven wire, chain link, painted wood, or split rail; and other fencing, expressly barbed wire fencing, shall specifically be prohibited.

3. Any building or buildings constructed on the property herein conveyed shall be no closer than 30 feet from any adjoining property line and no closer than 40 feet from road right-of-way lines.

4. The property shall be restricted to single family type dwellings containing not less than 900 square feet living space and in addition two other outbuildings for garage and/or storage. Approval from Allardt Land Company, Inc. is required on all floor plans before construction of new home.

5. No dwelling shall contain exterior finish of concrete blocks, tar paper, or rolled type siding or asphalt type siding. No tar paper shacks, or small portable buildings, such as school buses, van bodies, or similar objects for the purpose of living in will be permitted on property.

6. New double-wide mobile homes or modular homes shall be allowed but must be underpinned within six (6) months after locating home on property and must contain at least 900 square feet of living space.

7. No swine, poultry or other livestock shall be kept or maintained on the property, however, any tract or combined tracts of two (2) acres or more will allow up to two horses on said tract

8. Garbage, waste and refuse will be held for collection in containers.

9. No part of the property herein conveyed will be used for the purposes of a junkyard, nor for a collection or storage area, or maintenance area, or parking area for junk, wrecked or stripped automobiles.

10. No nuisance shall be maintained or permitted on said property.

SUBJECT to any and all power lines, water lines, or easements for the same, regardless of whether same are actually of record, exist or henceforth may exist or be constructed.

SUBJECT to all matters appearing on the plat for the Olde Grimsley Subdivision in Plat Book 4, page 38, Register’s Office, Fentress County, Tennessee.

Allardt Land Company, Inc. reserves the right to deal freely with restrictions in succeeding conveyances of property located elsewhere in the general area and in its sole discretion may vary, modify, add to, or omit such restrictions as it sees fit. These restrictions shall remain in effect for twenty (20) years after the date of this conveyance.

Prior Reference: BEING the same property conveyed to CHARLES ABBLETT by virtue of a General Warranty Deed from ALLARDT LAND COMPANY, INC., recorded June 8, 2007 in Book 122, page 577, in the Register’s Office of FENTRESS County, Tennessee.

BEING the same property conveyed to Ronnie Winningham and Patsy Winningham, husband and wife from Charles Abblett, an unmarried individual by virtue of a Warranty Deed dated 3-3-2012 or record in Deed Book 197, page 931, Register’s Office, FENTRESS County, Tennessee.

Ronnie Winningham has executed this Deed of Trust to convey his entire ownership interest in the subject property to secure the indebtedness described herein, but is not personally obligated on the indebtedness.

Street Address: 1323 Pilgrim Dr, Grimsley, Tennessee 38565

Parcel Number: 127 007.20

Current Owner(s) of Property: Ronnie Winningham and Patsy Winningham

The street address of the above described property is believed to be 1323 Pilgrim Dr, Grimsley, Tennessee 38565, 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 sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose.

The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None.

Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of Patsy Winningham and Ronnie Winningham, and those claiming through him/her/it/them.

Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of said Deed 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.  If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.

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 only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse.  Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy.  The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title.

This office may be a debt collector.  This may be an attempt to collect a debt and any information obtained may be used for that purpose.

Shapiro & Ingle, LLP

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

Phone: (704) 333-8107

Fax: (704) 333-8156

www.shapiro-ingle.com

File No. 16-104504

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Substitute Trustee’s Notice Of Foreclosure Sale

Sale at public auction will be on Tuesday, August 8, 2017, at 11:00 AM prevailing time at the Fentress County Courthouse, 101 Main Street, Jamestown, TN, FENTRESS County, Tennessee.   VA Loan #202060648279.  The owner of the debt is Freedom Mortgage Corporation.

Realty to be sold under the provisions of a Deed of Trust executed by Earle Richard Stowe and Susan Kay Stowe, nontitled spouse joining as to marital/homestead rights only, Grantors, is located in FENTRESS County, Tennessee and designated as:

A certain tract or parcel of land lying and being in the 4th Civil District of Fentress County, Tennessee, more particularly described as follows:  Lying and being in the Fourth Civil District of Fentress County, Tennessee, approximately 15 miles South of the Courthouse at Jamestown, Tennessee by way of Highway 127 South, and being Lot Nos. 8 and 9 of the Subdivision of Buddy Edwards on the John Kilby Road as shown on the attached map and more particularly described as follows to wit:  Beginning on the Northwest corner of the Lot No. 8 on the John Kilby Road at a steel stake South 89 degrees 07 minutes East 41.76 feet to a stake; thence South 74 degrees 53 minutes East 106.37 feet to a stake in the John Kilby Road marking the North corner of Lot #8 and the Northwest corner of Lot #9; thence South 61 degrees 14 minutes East 40.20 feet to a stake; thence South 60 degrees 36 minutes East 110.56 feet to a stake; thence South 54 degrees 16 minutes East 50.20 feet to a stake in the John Kilby Road marking the Northeast corner of Lot #9; thence South 01 degrees 31 minutes East 343.16 feet to a stake; thence North 78 degrees 05 minutes West 160.56 feet to a stake; thence North 78 degrees 05 minutes West 160.56 feet to a stake; thence North 78 degrees 05 minutes West 189.69 feet to a stake; thence North 02 degrees 24 minutes East 402.36 feet to the point of beginning and containing 2.96 acres more or less.  Excluding that 1.89 acres, more or less, as conveyed in that General Warranty Deed from Janice Edwards, a/k/a Janice Edwards Roberts and husband, Steve Roberts, unto Charles Keys and Justine Keys, dated April 8, 1994, acknowledged April 8, 1994, and recorded April 8, 1994, in Deed Book K-7, Page 479, of the Register’s Office for Fentress County, Tennessee.  Excluding that 450 feet, more or less, as conveyed in the General Warranty Deed from Janice Edwards Roberts and husband, Steve Roberts, unto Marie Williams, dated June 17, 1992, acknowledged June 17, 1992, and recorded November 17, 1992, in Deed Book F-7, Page 419, of the Register’s Office for Fentress County, Tennessee.

Tax Parcel ID: 133M-C-001.00 improved and known as 869 Kilby Road, Clarkrange, TN.  Deed of Trust recorded in Book 237, Page 779,  Register’s Office of FENTRESS County, Tennessee.

Terms of sale will be public auction, for cash, free and clear of the rights of homestead, redemption and dower, and the rights of Earle Richard Stowe and Susan Kay Stowe, nontitled spouse joining as to marital/homestead rights only, and those claiming through them, subject to any accrued taxes and restrictions which may be of record in the said Register’s Office.

ARNOLD M. WEISS, Substitute Trustee pursuant to Appointment of Substitute Trustee of record in the Register’s Office of FENTRESS County, Tennessee

ARNOLD M. WEISS, Attorney at Law

Weiss & Cummins, PLLC

208 Adams Avenue

Memphis, Tennessee 38103

(901) 526 8296

File # 7240-128721

Freedom Mortgage/Earle Stowe

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Fentress County Planning Commission Meeting

The Fentress County Regional Planning Commission will hold its regularly scheduled meeting on Friday, July 21, 2017 at 12:00 pm in the Fentress County Courthouse.  The agenda for the planning commission meeting is as follows:

1.Call to order.

2.Opening Prayer

3.Approval of June 16, 2017 minutes.

4.Training.

5.Other business as necessary.

6.Adjourn.

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Notice To Creditors

(As required by T.C.A. §30-2-306)

No. P-17-25

Estate of William Smith Nixon, Late of Fentress County, Tennessee

Notice is hereby given that on the 13th day of July, 2017, Letters of Administration, in respect of the Estate of William Smith Nixon, deceased, who died the 25th day of April, 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 13th day of July, 2017.

Amanda Howard

Administrator Ad Litem

Estate of William Smith Nixon

P.O. Box 797

Jamestown, TN 38556

Linda Smith

Clerk & Master

140 Justice Ctr. Dr., Ste. 110

Jamestown, TN 38556

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Notice To Creditors

Estate of Stella Hurt Proffit, Deceased

Cause No. P-17-31

Notice is hereby given that on the 5th day of July, 2017 Letters Testamentary in respect to the estate of Stella Hurt Proffit, Deceased, who died January 4th, 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 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 the 5th day of July, 2017.

Gerald W. Proffit

Executor

Doug Jones

Attorney

BPR #022868

Linda Smith

Clerk and Master

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UBSTITUTE TRUSTEE’S NOTICE OF SALE

WHEREAS, ROBERT W. AGEE and KIMBERLY A. AGEE executed a Promissory Note payable to COMMUNITY BANK OF THE CUMBERLANDS n/k/a SOUTHEAST BANK dated January 31, 2012, in the original principal amount of $110,527.77, and a Deed of Trust dated January 31, 2012 and recorded in Book 195, Page 909, as modified in Book 215, page 484, as modified in Book 244, page 590, all in the Fentress County Register’s Office (the “Deed of Trust”); and an Absolute and Unconditional Assignment of Leases and Rents from Robert W. Agee to SouthEast Bank, dated as of August 14, 2015, and recorded in Book 244, page 573, in the Fentress County Register’s Office; and

WHEREAS, ROBERT W. AGEE and KIMBERLY A. AGEE executed a Promissory Note payable to COMMUNITY BANK OF THE CUMBERLANDS n/k/a SOUTHEAST BANK dated March 24, 2009 and recorded in Record Book 263, page 384, as modified in Record Book 319, page 338, as modified in Record Book 366, page 510, all in the White County Register’s Office; and an Open-End Deed of Trust from Robert W. Agee and wife, Kimberly A. Agee to Sidney W. Breaux, Trustee for Southeast Bank, in the original amount of $250,000.00, dated August 26, 2013, and recorded in Record Book 337, page 645, as modified in Record Book 366, page 504, both in the White County Register’s Office; and an Assignment of Rents and Leases from Robert W. Agee and wife, Kimberly A. Agee to Southeast Bank, dated August 26, 2013, and recorded in Record Book 337, page 652, in the White County Register’s Office; and a Deed of Trust from Robert W. Agee and wife, Kimberly A. Agee to Sidney W. Breaux, Trustee for Southeast Bank, in the original amount of $84,055.44, dated March 23, 2015, and recorded in Record Book 360, page 531, as modified in Record Book 366, page 507, both in the White County Register’s Office; and an Assignment of Rents and Leases from Robert W. Agee and wife, Kimberly A. Agee to Southeast Bank, dated March 23, 2015, and recorded in Record Book 360, page 535, in the White County Register’s Office; and an Absolute and Unconditional Assignment of Leases and Rents from Robert W. Agee to Southeast Bank, dated as of August 14, 2015, and recorded in Record Book 366, page 496, in the White County Register’s Office.

WHEREAS, Wilson S. Ritchie or Jewell Tindell, residents of Knox County, Tennessee, have been appointed Substitute Trustees of the Deed of Trust by Appointment of Substitute Trustee dated July 7, 2017 of record in Record Book 399, Page 731, in the Registers Office for White County Tennessee and in Book 271, Page 462, in the Register of Deeds Office of Fentress County, Tennessee; and

WHEREAS, default in the payment of the Notes and Deeds of Trust has occurred and proper notification to the parties and proper notification of said default has previously occurred; and

WHEREAS, SOUTHEAST BANK, the owner and holder of said Notes and Deeds of Trust, has demanded the real property described in the Deeds of Trust be advertised and sold in satisfaction of said debt.  The real property as described in the Deeds of Trust will be advertised and sold in satisfaction of said debt and any costs legally accruing in accordance with the terms and provisions of the Notes and Deeds of Trust.

NOW, THEREFORE, notice is hereby given that I, WILSON S. RITCHIE or JEWELL TINDELL, as Substitute Trustee, or our agent, pursuant to the power, duty and authority vested in and imposed upon us in said Deeds of Trust, will sell the property located in White County, Tennessee on August 10, 2017 at 10:05 a.m.  at the front door of the White County Courthouse, 1 East Bockman Way, Sparta, Tennessee and the property located in Fentress County will be sold on August 10, 2017 at 12:00 noon at the front door of the Fentress County Courthouse, Main Street, Jamestown, Tennessee, where foreclosures are customarily conducted, to the highest and best bidder for cash and in bar of the right and equity redemption, whether statutory or common law, the right of redemption granted by Tennessee Code Annotated Section 66-8-101 (as amended or renumbered), homestead, dower, marital share, and all other rights and exemptions of every kind, all of which have been expressly waived by grantors as provided in said Deeds of Trust, certain real property more particularly described as follows:

PARCEL 1 – Fentress County

Lying and being in the First Civil District of Fentress County, Tennessee, and southwardly from the Courthouse in Jamestown by way of Old U. S. Highway 127 and continuing southwardly where the By-Pass joins the highway to Spring Street; thence eastwardly on Spring Street a distance of approximately 160 feet and Beginning at a 3/8 inch rebar on the south margin of Spring Street at the northeast corner of .997 acre tract purchased by Robert Agee and described as Tract 2 in Book 98, Page 701 in the Register’s Office of Fentress County, Tennessee, and running thence from said beginning corner and with the south margin of Spring Street, south 83 deg. 21’ 13” east 100.00 feet to a 3/8 inch rebar; thence south 83 deg. 21’ 13” east 265.89 feet to a 2 inch pipe, the northwest corner of the Willie Jennings tract, described in Deed Book G-5, Page 458 in the Register’s Office of Fentress County, Tennessee; thence leaving the south margin of Spring Street, south 07 deg. 03’ 11” west 226.75 feet to a 3/8 inch rebar in the north line of the James W. Burnett tract, described in Deed Book Q-7, Page 249; thence with the north and west lines of the Burnett tract, north 70 deg. 01’ 55” west 127.99 feet to a 3/8 inch rebar; thence south 23 deg. 41’ 05” west 200.37 feet to a 2 inch pipe on the north margin of Taylor Place Road; thence north 63 deg. 26’ 55” west 162.90 feet to a 3/8 inch rebar at the southeast corner of the Robert Agee .997 acre tract referenced above; thence with the east margin of said tract, north 01 deg. 50’ 05”  east 159.10 feet to a 3/8 inch rebar; thence continuing north 01 deg. 50’ 05” east 175.00 feet to the beginning corner; containing 2.38 acres, more or less.

The bearings and distances are taken from a survey by William S. Williford, TRLS No. 1689, Drawing No. 060701 for Robert Agee, dated July 10, 2006, copy attached, being Tracts 3 and 4 combined in a single legal description as shown on said survey.

This property is conveyed subject to the following matters of record in the Register’s Office of Fentress County, Tennessee, as follows:

1.Any matters that are shown on the plat of record in Plat Book G-4, page 591.

2.A 20’ access easement recorded in Warranty Deed Book X-6, page 546, including a slope and construction easement.

3.A sewer easement recorded in Warranty Deed Book X-6, page 559.

4. The reservation of coal, oil and gas as set out in Warranty Deed Book Y-2, page 533, and W-2, page 311.

BEING the same property conveyed to Robert W. Agee by Warranty Deed from Wallace Hull and Reba Peaveyhouse (now Reba Peavyhouse Hull), dated September 29, 2006 and recorded in Book 107, page 637, in the Fentress County Register’s Office.

EXCLUSION:  Included in the above description, but expressly excluded from this conveyance are the following exclusions of record in the Register’s Office of Fentress County, Tennessee:

1.Warranty Deed Book O-6, page 702

2.Warranty Deed Book P-6, page 98

3.Warranty Deed Book X-6, page 546

SOURCE OF DESCRIPTION:  This is the same description as the previous and last conveyance.

Best known address is 1005 Taylor Place, Jamestown, TN

CLT#0740C-003, #0740C-003.00-001; CLT # 0740C-011.02

PARCEL 2 – White County

SITUATED in the First Civil District of White County, Tennessee, and within the corporate limits of the City of Sparta, Tennessee, and being more particularly described as follows:

BEGINNING at a concrete monument in the eastern right-of-way of Tennessee Highway 111 and located at Sta. 205 + 00/206’ as shown on Sheet 7 of the construction drawings for Tennessee Department of Transportation Project Number APD-100-1(7); thence North 25 deg. 31 min. West, 403.51 feet with the right-of-way of Tennessee Highway 111 to an iron pin, said pin being located at the southwest corner of the Sparta Industrial Park; thence South 64 deg. 29 min. West, 100 feet with the right-of-way of an industrial access road to an iron pin; thence continuing with said right-of-way, North 25 deg. 31 min. West, 93.93 feet to an iron pin; thence continuing with said right-of-way North 18 deg. 34 min. West, 250.19 feet to an iron pin; thence continuing with said right-of-way, North 11 deg. 02 min. West, 342.91 feet to an iron pin, said pin being located at the southwest corner of Lot Number 1, Sparta Industrial Park; thence with the southern boundary of said Sparta Industrial Park, North 89 deg. 51 min. East, 865.82 feet to a concrete monument, said monument being located at the southeast corner of the Sparta Industrial Park; thence South 07 deg. 24 min. West, 302.53 feet to a concrete monument, said monument being at the southwest corner and the true point of BEGINNING for the tract described as follows:  thence North 07 deg. 24 min. East, 146.00 feet to an existing iron pin; thence continuing North 07 deg. 24 min. East, 60.51 feet to an existing iron pin; thence North 17 deg. 10 min. West, 130.74 feet to a sanitary sewer manhole; thence North 07 deg. 34 min. East, 300.50 feet to a sanitary sewer manhole; thence North 25 deg. 13 min. East, 175.01 feet to a set iron pin, said pin being located at the northwest corner of the tract described herein; thence North 89 deg. 59 min. East, 244.21 feet to a point in the center of Town Creek; thence with said creek, South 13 deg. 27 min. West, 69.76 feet to a point in the center of said creek; thence continuing with said creek, South 27 deg. 24 min. East, 126.73 feet to a point in the center of said creek; thence continuing with said creek, South 63 deg. 29 min. East, 261.62 feet to a point in the center of said creek and in the right-of-way of the Caney Fork and Western Railroad; thence leaving said creek, South 39 deg. 20 min. West, 205.75 feet with said right-of-way to an existing iron pin; thence continuing with said right-of-way, 357.92 feet with the arc of a curve to the left, having a radius of 953.60 feet, a chord bearing of South 28 deg. 03 min. West, and a chord distance of 373.50 feet to an existing concrete monument, said monument being located at the southeast corner of the property described herein; thence leaving said right-of-way South 89 deg. 59 min. West, 316.47 feet to the true point of BEGINNING.  The above described tract lies totally in the First Civil District of White County, Tennessee, and contains 7.43 acres, more or less.  Shown as Tract 7 in the Concept Plan of the Sparta Industrial Park.  Sheet #6 designated as Small Lot Development Alternative, as prepared by Barge, Waggoner, Sumner and Cannon, Engineers.

There was retained by the City of Sparta, Tennessee, an easement ten (10) feet in width along the west boundary of the tract conveyed for ingress and egress to repair and maintain a sewer line which lies on the boundary line.

Also retained by the City Sparta, Tennessee, are the easement rights described by Easements of record in Book 184, page 153, and Book 184, page 897, both in the White County Register’s Office, for repair and maintenance for a sewer line which lies generally along the west bank of Town Creek.

BEING the same property conveyed to Robert W. Agee by Warranty Deed from J. G. Dale, Jr. and wife, Carroll H. Dale, dated December 27, 2004, and recorded in Record Book 172, page 376, in the White County Register’s Office.

THERE IS EXCLUDED from the above described property that 0.5405 acre tract of land conveyed to ECMD, Inc. by Warranty Deed from Robert W. Agee recorded in Record Book 242, page 615, in the White County Register’s Office.

Best known address is 600 Industrial Drive, Sparta, TN

CLT# 060-008.04

In the event of a discrepancy between the property address and the property description, the property description shall control.

The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with the law, upon announcement of said adjournment on the day and time and place of sale set forth above.

This sale is subject to all matters shown on any applicable recorded plan or plat; any unpaid taxes that exist as a lien against the property; any restrictive covenants, easements or setback lines that may be applicable; any matters of record not terminated by the foreclosure; 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 matter that an accurate survey of the premises might disclose.  Proceeds of this sale will first be applied to the discharge of the costs and charges of executing this Trust, including attorney’s fees; next to all indebtedness secured by the Deed of Trust; and next the balance, if any, shall be paid to those legally entitled thereto.  The Beneficiary may bid on said property and the Successor Trustee reserves the right to conduct the sale by or through his/her agents or attorneys acting in his/her place or stead.

OTHER INTERESTED PARTIES:

Modern Distributors, Inc.

c/o Timothy J. Millirons, Esq.

Spears, Moore, Rebman & Williams, P.C.

Post Office Box 1749

Chattanooga, TN  37401-1749

Comco-Oneworld, Inc.

c/o Wallen, Lansden, Dortch & Davis, LLP

Attn:  Blake D. Roth, Esq.

511 Union Street, Suite 2700

Nashville, TN  37219

JB&B Investments, LLC

c/o Aaron Spencer

Post Office Box 900

Knoxville, TN   37901

M2 Lease Funds, LLC

c/o Russell S. Long

111 E. Kilbourn Avenue

Suite 1400

Milwaukee, WI  53202

Placid Refining Company, LLC

c/o Thomas L. N. Knight

Post Office Box 11583

Chattanooga, TN  37401-2583

White County Trustee

White County Courthouse

1 E. Bockman Way

Suite 102

Sparta, TN  38583

Fentress County Trustee

Fentress County Courthouse

Main Street

Jamestown, TN   38556

City of Sparta

Tax Collector’s Office

1 West Bockman Way

Sparta, TN  38583

Dated this the 12th day July, 2017.

Wilson S. Ritchie,

or Jewell Tindell, Substitute Trustees

RITCHIE LAW, P.C.

606 West Main Street, Suite 200

Knoxville, TN 37902

(865) 524-5353

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SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on August 9, 2017 on or about 2:00PM local time, at the Fentress County Courthouse, Jamestown, Tennessee, conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by KENNY R KOGER AND EDANA L KOGER, to SERVICELINK, Trustee, on November 21, 2003, at Record Book 56, Page 318-332 as Instrument No. 2003432901-LR in the real property records of Fentress County Register’s Office, Tennessee.

Owner of Debt: The Bank of New York Mellon, f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A. as Trustee for NovaStar Mortgage Funding Trust, Series 2003-4, NovaStar Home Equity Loan Asset-Backed Certificates, Series 2003-4

The following real estate located in Fentress County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE FIRST CIVIL DISTRICT OF THE COUNTY OF FENTRESS AND STATE OF TENNESSEE, BEING KNOWN AND DESIGNATED AS FOLLOWS:

A PART OF THE LANDS NORTH OF THE BASE LINE OF PLAT 1 OF THE CLARKE LANDS, SAID PLAT 1 BEING OF RECORD IN DEED BOOK Q, PAGE 1, IN THE REGISTER`S OFFICE OF FENTRESS COUNTY, TENNESSEE, AND ALSO BEING LOTS NO. 19 AND NO. 20 OF GERNT-FRITZSCHE PHASE FOUR, A PLAT OF WHICH IS RECORDED IN PLAT BOOK 3 PAGE 73, IN THE REGISTER`S OFFICE OF FENTRESS COUNTY, TENNESSEE, AND BEGINNING ON A SET STONE, THE SOUTHEAST CORNER OF SAID LOT NO. 20, AND ALSO BEING THE POINT OF INTERSECTION OF THE TWO ROADS ON SAID PLAT DESIGNATED AS WEST HILL DRIVE AND KELLY LANE; THENCE WITH THE NORTH RIGHT OF WAY LINE OF SAID WEST HILL DRIVE, THE SOUTH BOUNDARY LINE OF SAID LOT NO. 20, NORTH 66 DEGREES 52 MINUTES 53 SECONDS WEST 181.31 FEET AND NORTH 55 DEGREES 03 MINUTES 41 SECONDS WEST 73.26 FEET TO A SET STONE, THE SOUTHWEST CORNER OF LOT NO. 20; THENCE WITH THE WEST BOUNDARY LINE OF SAID LOT; NORTH 09 DEGREES 35 MINUTES 55 SECONDS EAST 207.91 FEET TO A SET STONE, THE NORTHWEST CORNER OF SAID LOT NO. 20; AND ALSO BEING THE SOUTHWEST CORNER OF LOT NO. 19; THENCE WITH THE WEST BOUNDARY LINE OF SAID LOT, NORTH 36 DEGREES 32 MINUTES 10 SECONDS EAST 242.13 FEET TO A SET STONE, THE NORTHWEST CORNER OF SAID LOT NO. 19 LOCATED IN THE SOUTH RIGHT OF WAY OF THE ABOVE MENTIONED KELLY LANE; THENCE WITH THE SOUTH RIGHT OF WAY LINE OF SAID ROAD, THE NORTH BOUNDARY LINE OF SAID LOT, SOUTH 30 DEGREES 18 MINUTES 13 SECONDS EAST 240.74 FEET TO A SET STONE, THE NORTHEAST CORNER OF SAID LOT NO. 19; THENCE WITH THE EAST BOUNDARY LINE OF SAID LOTS NO. 19 AND 20, THE WEST RIGHT OF WAY LINE OF SAID KELLY LANE, SOUTH 13 DEGREES 33 MINUTES 07 SECONDS WEST 313.58 FEET TO THE BEGINNING, AND CONTAINING 2.17 ACRES, MORE OR LESS.

THE ABOVE BEARINGS AND DISTANCES ARE TAKEN FROM A SURVEY PREPARED BY ANDY POTTER,

TENNESSEE REGISTERED LAND SURVEYOR NO. 1334, GERNT-FRITZSCHE PHASE FOUR, LOTS NO. 19 AND NO. 20.

BEING THE SAME PROPERTY AS CONVEYED FROM CHARLES R. GERNT AND WIFE, LOWANDA H. GERNT, AND PHILLIP GERNT TO KENNY R. KOGER AND WIFE, EDANA L. KOGER, AS DESCRIBED IN BOOK D-8 PAGE 123, RECORDED 03/30/1999, IN FENTRESS COUNTY RECORDS.

TAX ID: 087-001.56

087-001.57

Tax ID:  087-001.56

087-001.57

Current Owner(s) of Property:  KENNY R KOGER AND EDANA L KOGER

The street address of the above described property is believed to be 309 KELLY LANE, JAMESTOWN , TN 38556, 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 referenced herein shall control.

SALE IS SUBJECT TO OCCUPANT(S) RIGHTS IN POSSESSION.

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. THE TERMS OF SALE ARE CASH. ANY TAXES OR FEES WILL BE THE RESPONSIBILITY OF THE PURCHASER.  IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE PURCHASE PRICE.  THE PURCHASER SHALL HAVE NO FURTHER RECOURSE AGAINST THE GRANTOR, THE GRANTEE, OR THE TRUSTEE.

OTHER INTERESTED PARTIES: None

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

If applicable, the notice requirements of T.C.A. 35-5-101 have been met.

All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, but the undersigned will sell and convey only as Substitute Trustee.

If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor or Workforce 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 entities’ right to redeem the property as required by 26 U.S.C. 7425 and T.C.A. §67-1-1433.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.

MWZM File No.  16-001950-670

MACKIE WOLF ZIENTZ & MANN, P. C., Substitute Trustee(s)

PREMIER BUILDING, SUITE 404

5217 MARYLAND WAY

BRENTWOOD, TENNESSEE 37027

PHONE:  (615) 238-3630

EMAIL:  TNSALES@MWZMLAW.COM

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