Legal Notices For The Week Of July 20, 2016

FC07192016B4B5 fentress16-5783

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on August 9, 2016 on or about 11:00AM 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 TRISTA MARIE ATKINS, to Romer, Deaton & Lane, Trustee, on August 25, 2011, at Record Book 190, Page 135 in the real property records of Fentress County Register’s Office, Tennessee.

Owner of Debt: REGIONS BANK DBA REGIONS MORTGAGE

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:

Lying and being in the Fourth Civil District of Fentress County, Tennessee, and more particularly described as follows:

Beginning on an iron pin (new) on the North side of Banner Roslin Road, said pin located North 67 degrees 21 minutes West 530.20 feet from Southwest corner of a 8.49 acre tract; thence with the North side of said road, North 69 degrees 16 minutes West 167.73 feet; thence North 79 degrees, 07 minutes West 126.81 feet; thence North 86 degrees 45 minutes West 45.69 feet; thence North 31 degrees 10 minutes West 11.86 feet to a point on East side of Roberts Loop Road where Banner Roslin Road intersects; thence leaving said Banner Roslin Road and running with the East side of Roberts Loop Road, North 20 degrees 09 minutes East 15.14 feet; thence North 37 degrees 21 minutes East 27.41 feet; thence North 47 degrees 03 minutes East 86.46 feet; thence North 49 degrees 05 minutes East 89.68 feet to a wood post; thence leaving said road and running with a fence South 75 degrees 45 minutes East approximately 180.52 feet to a wood post; thence leaving said fence and running in all a total distance of 272.52 feet to an iron pin (new); thence with a fence South 24 degrees 40 minutes West 200.94 feet to the point of beginning, and containing 1.36 acres, more or less.

Tax ID: 128 019.00

Current Owner(s) of Property: TRISTA MARIE ATKINS

The street address of the above described property is believed to be 5215 BANNER ROSLIN RD, 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 TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE. IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE DEPOSIT PAID. 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. 35-5-117 have been met.

All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, 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. This sale may be rescinded at any time. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.

MWZM File No. 16-000030-625

JASON S. MANGRUM, JOHN R. ROAN, or JERRY A. BRIDENBAUGH,

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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NOTICE OF FORECLOSURE SALE

STATE OF TENNESSEE, FENTRESS COUNTY

WHEREAS, Patricia L. Myles a/k/a Patricia Myles a/k/a Patricia Bullard executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Group, Lender and Charles E. Tonkin, II, Trustee(s), which was dated January 28, 2009 and recorded on January 30, 2009 in Book 152, Page 711, Fentress County, Tennessee Register of Deeds.

WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, CitiMortgage, Inc., (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Fentress County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on August 4, 2016, at 11:00AM at the usual and customary location at the Fentress County Courthouse, Jamestown, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Fentress County, Tennessee, to wit:

SITUATED, LYING AND BEING in the Fourth (4th) Civil District of FENTRESS COUNTY, Tennessee on the east side of Tennessee State Highway No. 28 and being more particularly described as follows:

BEGINNING on a set stone located at a point where the South side of the Banks Goney graveled road intersects the East ROW line of said highway; thence East with the South side of said Banks Goney Road 22 poles to a set stone on the South side thereof, the Northwest corner of the original Lillie Spurlin home tract; thence South 8° West 85 feet with the East line of said tract to a set stone; thence West and parallel with the South side of the said Banks Goney Road to a set stone at the East ROW line of said State Hwy. No. 28; thence South with the same 85 feet to the BEGINNING.

SUBJECT to a Right-of-Way containing 0.101 acres, more or less to the Department of Transportation of record in Book L5, page 543, Register’s Office, Fentress County, Tennessee.

Prior Reference: BEING the same property conveyed to Michael Paul Howard by virtue of a General Warranty Deed dated November 17, 2006 from Roger Burks and wife, Dorothy Burks, of record in Book 112, Page 1, in the Register’s Office of Fentress County, Tennessee.

The undersigned hereby swears and affirms that this property was never his marital property and he never resided in the property as a married couple.

BEING the same property conveyed to Patricia L. Myles, an unmarried individual from Michael Paul Howard, a married man by virtue of a Warranty Deed dated 1-28-09 of record in Deed Book 152, page 709, Register’s Office, Fentress County, Tennessee.

Map 128, Parcel 121.00

Parcel ID Number: 128 121.00

Address/Description: 104 Goney Road, Grimsley, TN 38565.

Current Owner(s): Patricia L. Myles.

Other Interested Party(ies): TD Auto Finance LLC.

The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and

All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in 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.

This office is attempting to collect a debt. Any information obtained will be used for that purpose.

Brock & Scott, PLLC, Substitute Trustee

c/o Tennessee Foreclosure Department

6 Cadillac Drive, Suite 140

Brentwood, TN 37027

PH: 615-550-7697 FX: 615-550-8484

File No.: 16-03171 FC01

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In the general sessions court of Fentress County, Tennessee

Billy Dennis Huff

Petitioner

vs.

Jocelyn Caty, A.K.A. Jocelyn Hickman Huff

Respondent

Case No. 2016-CV-327

Order of Publication

It appears from the sworn motion of Petitioner’s counsel that process is unable to be served on Jocelyn Caty, A.K.A. Jocelyn Hickman Huff, Respondent. Counsel has been unable to contact the following respondent:

Last Know Address: Unknown

The Respondent, Jocelyn Caty, A.K.A. Jocelyn Hickman Huff, is hereby required to appear and answer or otherwise defend against the Final Decree of Divorce by Billy Dennis Huff, whose attorney is Leslie Clark Ledbetter, 6890 South York Highway, Clarkrange, TN 38553, within thirty (30) days after the date of the last publication of this notice, otherwise default judgment may be entered against them.

It is further ordered that this notice shall be published in the Fentress Courier for four consecutive weeks-July 6, 13, 20, 27, 2016 and with the hearing set on Aug. 11, 2016 in the General Sessions Court of Fentress County, Tennessee at 9:00 a.m. for the Final Decree of Divorce by Billy Dennis Huff should the Respondent, Jocelyn Caty, A.K.A. Jocelyn Hickman Huff fail to appear and answer or otherwise defend.

This 30th day of June, 2016.

Honorable Todd Burnett

Approved for entry:

Leslie Clark Ledbetter

Attorney for Petitioner

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notice

If you are interested in getting legalized whiskey sales in Fentress County, contact Lynn Dayhuff at 931-879-7308.

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NOTICE TO CREDITORS

Docket No. P-16-25

Estate of Roy Bauder, Jr., Late of Fentress County, Tennessee.

Notice is Hereby Given that on the 1st day of July, 2016, Letters Testamentary, of Administration, in respect to the Estate of Roy Bauder, Jr., deceased, were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his (or her) 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 the public notice if the creditor received an actual copy of such notice at least 60 days before the date that is four months from the date of the first publication or posting; or (B) 60 days from the date the creditor received an actual copy of this notice, if the creditor received the copy of the notice less than 60 days prior to the date that is four 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 1st day of July, 2016.

Amanda Howard

Robert Garst

Executors

Estate of Deceased

Roy Bauder, Jr.

318 Durham St.

Helentown, PA 18055

Attorney for Estate

Amanda Howard

Linda P. Taylor

Deputy Clerk & Master

Fentress County Probate Court

140 Justice Center Dr., Ste 110

Jamestown, TN 38556

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NOTICE TO CREDITORS

Docket No. P-16-27

Estate of Carolyn L. Hashem, Late of Fentress County, Tennessee.

Notice is Hereby Given that on the 5th day of July, 2016, Letters Testamentary, of Administration, in respect to the Estate of Carolyn L. Hashem, deceased, were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his (or her) 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 the public notice if the creditor received an actual copy of such notice at least 60 days before the date that is four months from the date of the first publication or posting; or (B) 60 days from the date the creditor received an actual copy of this notice, if the creditor received the copy of the notice less than 60 days prior to the date that is four 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 5th day of July, 2016.

Lou Ann Rade

Executrix

Estate of Deceased

Carolyn L. Hashem

1050 Tanglewood Blvd.

Jamestown, TN 38556

Attorney for Estate

Pamela A. Kissell

Linda P. Taylor

Deputy Clerk & Master

Fentress County Probate Court

140 Justice Center Dr., Ste 110

Jamestown, TN 38556

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NOTICE TO CREDITORS

Docket No. P-16-26

Estate of Joyce Faye Peavyhouse Boles, Late of Fentress County, Tennessee.

Notice is Hereby Given that on the 6th day of July, 2016, Letters Testamentary, of Administration, in respect to the Estate of Joyce Faye Peavyhouse Boles, deceased, were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his (or her) 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 the public notice if the creditor received an actual copy of such notice at least 60 days before the date that is four months from the date of the first publication or posting; or (B) 60 days from the date the creditor received an actual copy of this notice, if the creditor received the copy of the notice less than 60 days prior to the date that is four 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 6th day of July, 2016.

John Boles

Executor

Estate of Deceased

Joyce Faye Peavyhouse Boles

149 Duncan Hinds Rd.

Jamestown, TN 38556

Linda P. Taylor

Deputy Clerk & Master

Fentress County Probate Court

140 Justice Center Dr., Ste 110

Jamestown, TN 38556

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SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on August 16, 2016 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, on April 2, 2012 at Book 197, Page 934, Instrument No. 12000918; all of record in the Fentress County Register’s Office.

Party entitled to enforce security interest: 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 subject to all unpaid taxes, prior liens and encumbrances of record:

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.

Parcel Number: 127 007.20

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

Street Address: 1323 Pilgrim Dr, Grimsley, Tennessee 38565

Any property address provided 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.

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

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 at any time.

Shapiro & Ingle, LLP, a Tennessee limited liability partnership 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

(7-20-27;8-3-3tc)

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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 26, 2016 at Jamestown City Hall. The public is invited to attend.

Ryan Smith, Mayor

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