Legal Notices For The Week Of July 18, 2018

NOTICE OF SALE

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

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

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

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

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

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

TAX MAP 85-N, Group A, PARCEL 6.00

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

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

SUBORDINATE LIENHOLDERS:  State of Tennessee, THDA, Midland Funding

OTHER INTERESTED PARTIES:

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

Doug Jones

Substitute Trustee

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

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Notice

In accordance with Article IV, Section 2 of the Jamestown Municipal Code, I hereby call a Special Meeting of the Board of Mayor and Aldermen for 5:00 p.m. on Thursday, July 19, 2018 at the Jamestown City Hall. The purpose of the meeting is to discuss and approve CDBG Sewer Rehab Project Bids.

Thank you,

Mayor Darlene Monday Davis

(7-18-1tc)

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NOTICE OF SALE

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

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

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

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

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

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

TAX MAP 133M, GROUP B, PARCELS 001.00

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

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

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

SUBORDINATE LIENHOLDERS:  N/A

OTHER INTERESTED PARTIES: N/A

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

Doug Jones

Substitute Trustee

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

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PUBLIC NOTICE

Top of the Mountain Stone, LLC has applied for NPDES permit TN0070343 to discharge treated wastewater to a wet weather conveyance of an unnamed tributary of Chapman Branch of the Wolf River.  The facility is located in Fentress County, Tennessee near the community of Fairview at latitude 36.49763, longitude -85.02196.  Access to the dimension stone quarry can be made from Doubletop Road.  The application, draft permit, and relevant information are available on the Division’s Data Viewer at http://environment-online.tn .gov:8080/pls/enf _reports/f?p=9034:34001.  For more information contact the Tennessee Division of Water Resources, Mining Section, at 3711 Middlebrook Pike, Knoxville, TN 37921 or telephone (865) 594-6035.  Interested parties may request in writing a public hearing on water quality related issues.  If there is significant interest, a hearing will be held pursuant to Rule 0400-40-05-.06 (9) (a).  Comments on this application will be accepted no later than close of the Division’s public notice comment period.

(7-18-1tc)

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NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Pamela Johnson unto William J. Campbell, as Trustee, recorded May 6, 2013 in Record Book 238, Page 941 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated October 29, 2009, payable by Pamela Johnson 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 10:15 a.m. on Thursday, August 9, 2018, to satisfy the indebtedness now due under and secured by said Deed of Trust; said property will be sold in bar of all right and equities of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deed of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics’ and materialmen’s liens.  The undersigned Substitute Trustee will execute a Deed to the purchaser as Substitute Trustee only.  The proceeds of this sale will be applied as set out in the Deed of Trust.  The real estate to be sold is described as follows:

PROPERTY DESCRIPTION: Abbreviated description per TCA 35-5-104(a)(2) is the property referenced and described fully as Record Book 186, Page 193, and containing 1.14 acres, more or less.

PROPERTY ADDRESS: 300 Bateman Bridge Road, Jamestown, TN 38556

TAX MAP 274, PARCEL 010.06

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

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

SUBORDINATE LIENHOLDERS:  HMA Fentress County General Hospital LLC, DBA Tennova Healthcare-Jamestown.

OTHER INTERESTED PARTIES:

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

Doug Jones

Substitute Trustee

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

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Substitute Trustee Sale Notice

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

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

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

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

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

Property Description

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

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

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

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

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

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

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

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

CURRENT OWNER: Loki #3 Properties, LLC

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

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

THIS  16th day of July, 2018.

B. Anthony Saunders, Substitute Trustee

WYATT, TARRANT & COMBS, LLP

333 Commerce Street, Suite 1400

Nashville, Tennessee 37201

(615) 244-0020

tsaunders@wyattfirm.com

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

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IN THE CHANCERY COURT FOR FENTRESS COUNTY, TENNESSEE

IN RE: ADDISON ESTES

D.O.B. 09/19/2012

CASEY DISHMON, Petitioner

v.

BRITTANY GARRETT, Respondent Mother and RICKY ESTES, Respondent Father

CASE NO. 18-27

IN RE:LELYNN ESTES

D.O.B. 03/09/2010

CASEY DISHMON, Petitioner

v.

BRITTANY GARRETT, Respondent Mother and JAMES KELLY ESTES, Respondent Father

NON-RESIDENT NOTICE

In this cause, it appearing from the Petition, which is sworn to, that the Respondent, James Kelly Estes, is a non-resident of the State of Tennessee, it is ordered that publication be made for four (4) successive weeks, as required by law, in the Fentress Courier, a newspaper published in Fentress County, Tennessee, in said county, notifying said non-resident Respondent to file an answer with Petitioner’s attorney, Thomas H. Potter, whose address is 421 East Central Avenue, Jamestown, Tennessee 38556, and the Chancery Court of Fentress County, Tennessee, within thirty (30) days from the last date of publication, exclusive of said last date of publication, or a judgment by default may be entered and the cause set for hearing ex parte as to James Kelly Estes.

This 27th day of June, 2018.

Linda Smith

Clerk & Master

(7-4-11-18-25-4tp)

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