Legal Notices For The Week Of November 15, 2017

NOTICE OF SALE

WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from KAREN WEAVER unto Doug Jones, as Trustee, recorded January 20, 2015 in Record Book 236, Page 27, of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated January 13, 2015, payable by Karen Weaver 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 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 am. on Monday, November 27, 2017, 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 106, Page 833, and containing 0.86 acres, more or less.

PROPERTY ADDRESS: 190 Copley Lane, Jamestown, TN 38556

TAX MAP 64, PARCEL 85.00

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

The Trustee reserves the right to postpone or set over the date of sale in the event the 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 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 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 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: NA

OTHER INTERESTED PARTIES: NA

Buyers shall be responsible for paying the 2017 real property taxes.

Doug Jones

Trustee

(11-1-8-15-3tc

79C01-1710-GU-000104

State of Indiana

County of Tippecanoe

SS: In the Tippecanoe Circuit Court In the matter of the guardianship of Makayla Seceilia Marsha Deitrich Minor

Notice of Filing of Petition for appointment of guardians and hearing thereon

to: Tyson Deitrich

On December 4, 2017, at 8:30 o’clock a.m. in the Circuit Court of Tippecanoe County, Lafayette Indiana, a hearing will be held to determine whether a guardian should be appointed for Makayla S.M. Deitrich. The purpose of this proceeding is to protect Makayla S.M. Deitrich. A copy of the petition requesting appointment of a guardian is attached to this notice. At the hearing the court will determine whether Makayla S.M. Deitrich is an incapacitated person or minor under Indiana law.

If the Court finds that Makayla S.M. Deitrich, is an incapacitated person or minor, the Court at the hearing shall also consider whether Andy D. Clouse and Regina R. Clouse should be appointed as guardians of Makayla S.M. Deitrich. The Court may, in its discretion, appoint some other qualified person as guardian. The Court may also, in its discretion, limit the powers and duties of the guardian to allow Makayla S.M. Deitrich to retain control over certain property and activities. The Court may also determine whether a protective order should be entered on behalf of Makayla S.M. Deitrich.

Makayla S.M. Deitrich may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of Makayla S.M. Deitrich if the Court determines that the presence of Makayla S.M. Deitrich is not required. If Makayla S. M. Deitrich attends the hearing, opposes the petition, and is not represented by an attorney, the Court may appoint an attorney to represent the alleged incapacitated person or minor. The Court may, where required, appoint a guardian ad litem to represent Makayla S.M. Deitrich at the hearing.

The Court may, on its own motion or on request of any interested person, postpone the hearing to another date and time.

/s/ Christa Coffey

Christa Coffey, Clerk

Tippecanoe Circuit Court

(11-1-8-15-3tc)

NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL PROPERTY

On April 30, 2012, by Trust Deed recorded in the Register’s Office in Jamestown, Fentress County, Tennessee, in Book 198, Page 862, on April 30, 2012, Billy H.T. Ipock and wife, Marilyn Diana Ipock conveyed to Amanda M. Howard, substitute Trustee for, James P. Romer, Trustee, the real estate described below in Jamestown, Tennessee, to secure the payment of indebtedness owing to Allardt Land Company, Inc., P.O. Box 69, Allardt, Tennessee 38504.

Default has been made in the payment of the indebtedness and the holder has directed the trustee to foreclose under the terms of the deed of trust.

Therefore, the public is hereby notified that the undersigned trustee will sell at public auction to the highest and best bidder for cash in front of the East door of the Courthouse in Jamestown, Tennessee at 10:00 a.m. on Friday, December 1, 2017, the following described real estate:

TRACT ONE:

Lying and being in the First Civil District of Fentress County, Tennessee, and approximately 3½ miles south of the courthouse in Jamestown and beginning at an iron pin on the west margin of U.S. Highway 127 at the southeast corner of the Billy H.T. Ipock and wife, Marilyn Diana Ipock, 1.35 acre tract described in the deed from Allardt Land Company, Inc., recorded in Book 140, Page 441; thence continuing with the west margin of the right-of-way of U.S. Highway 127, south 08 degrees 23 minutes west 127.89 feet to an iron pin and highway right-of-way marker; thence continuing south 00 degrees 45 minutes west 356.12 feet to a highway right-of-way marker; thence leaving the highway, south 84 degrees 40 minutes west 987.65 feet to an iron pin; thence north 06 degrees 54 minutes east 899.58 feet to a stone and steel post; thence north 06 degrees 54 minutes east 208.66 feet to an iron pin and steel post in the south line of the Kathy Gernt tract described in Book 111, Page 904; thence with the south line of the Kathy Gernt tract, south 82 degrees 58 minutes east 295.04 feet to an iron pin at the northwest corner of the Ipock 1.35 acre tract described in Book 140, Page 441; thence south 06 degrees 58 minutes west 382.52 feet to an iron pin at the southwest corner of the Ipock tract described in Book 140, Page 441; thence with the south margin of said tract, south 80 degrees 04 minutes east 636.78 feet to the beginning corner and containing 15.80 acres, more or less.

The bearings and distances are taken from a survey by Foy Survey Company, for Allardt Land Company, Rodney W. Foy, TRLS #730, Drawing #5560, dated April 9, 2012, copy attached.

Being a portion of the 37th Tract described in the deed from the Heirs of Bruno Gernt to the Estate of Bruno Gernt, Inc., recorded in Deed Book Y-3, Page 53, in the Register’s Office of Fentress County, Tennessee.

Map 103, Part of Parcel 1.00

TRACT TWO:

The following 50’ right-of-way formerly retained by the Estate of Bruno Gernt, Inc., for itself, Allardt Land Company, Inc., and East Fork Stables, Inc., leading westwardly from Highway 127 and southwestwardly across the 1.35 acres deeded to Billy H.T. Ipock and wife, Marilyn Diana Ipock, in Book 140, Page 441, IS HEREBY EXTINGUISHED AND CONVEYED TO THE GRANTEES, THEIR SUCCESSORS AND ASSIGNS.  The centerline of said right-of-way has the following bearings and distances:

Beginning at a point 25’ south from the southeast corner of the Billy and Diana Ipock tract described in Book 58, Page 777, at a point on the west side of U.S. Highway 127 South, and running thence north 82 degrees 59 minutes west 203.17 feet; thence south 64 degrees 27 minutes west 23.61 feet and south 60 degrees 46 minutes west 52.84 feet to the north line of property presently owned by the Estate of Bruno Gernt, Inc.

All the coal, oil, and gas with the right to enter, mine, drill, take, and remove the same are reserved by the Estate of Bruno Gernt, Inc.

The previous and last conveyance being a deed from Allardt Land Company, Inc., unto Billy H.T. Ipock and wife, Marilyn Diana Ipock recorded April 30, 2012 in Book 198, Page 858, in the Register’s Office of Fentress County, Tennessee.

This conveyance is also subject to the following limitations and restrictive provisions which shall run with the lands and which are a part of the consideration hereof, to which the parties hereto expressly agree:

1. The grantee or grantees, or their assigns or successors in interest, and any grantee or grantees, or their assigns or successors in interest, shall use the property exclusively for residential purposes.  No commercial activities shall be permitted on the said premises.

2.  Any building or buildings constructed on any lot on the property herein conveyed shall be no closer than thirty (30’) feet from any adjoining property line.

3.  The property shall be restricted to single family- type dwellings containing not less than 1500 square feet of living space with at least 1000 square feet on the first floor, and in addition one other garage-like structure for housing vehicles and/or storage separate from any garage that may be attached to the house, may be constructed on the premises.

4. No dwelling shall contain exterior finish of concrete blocks, tar paper, or rolled-type siding or asphalt-type  siding.

5.  Mobile or modular homes shall not be located on the property herein conveyed, either permanently or temporarily.

6.  No swine, poultry, or other livestock will be kept or maintained on the property.  Horses and cattle will be permitted.

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

8.  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.

This conveyance is 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.

This sale is SUBJECT TO any unpaid ad valorem real property taxes.

There are no federal tax liens filed against Billy H.T. Ipock and wife, Marilyn Diana Ipock, and there are no state tax liens filed against Billy H.T. Ipock and wife, Marilyn Diana Ipock, pursuant to T.C.A. §35-5-104(a)(5).

Notice is being given to Billy H.T. Ipock and wife, Marilyn Diana Ipock at 3002 South York Highway, Jamestown, Tennessee 38556 This the 1st_day of November, 2017.

Amanda M. Howard

Substitute Trustee

(11-8-15-22-3tc)

NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Dorothy M. Poore unto William J. Campbell, as Trustee, recorded April 23, 2010 in Record Book 171, Page 702 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated April 17, 2010, payable by Dorothy M. Poore 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 10:30 a.m. on Thursday, November 30, 2017, 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 140, Page 620, and commonly known as Lot 9 and 10 of the Short Cooper Subdivision, and a 30 foot strip south of Lot 10.

PROPERTY ADDRESS: 209 Short Cooper Road, Jamestown, TN 38556

TAX MAP 85-N, Group B, PARCEL 7.00

(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: NA

OTHER INTERESTED PARTIES: NA

Buyers shall be responsible for paying the 2017 real property taxes.

Doug Jones

Substitute Trustee

(11-8-15-22-3tc)

NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Claude Stephens and wife, Alma Jean Stephens unto William J. Campbell, as Trustee, recorded August 20, 2014 in Record Book 162, Page 637 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated August 13, 2009, payable by Claude Stephens and wife, Alma Jane Stephens & Claude Michael Stephens 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, November 30, 2017, 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 Deed Book A-5, Page 274, and being ½ acre.

PROPERTY ADDRESS: 921 Barney Holt Road, Jamestown, TN 38556

TAX MAP 53, PARCEL 48

(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:  NA

OTHER INTERESTED PARTIES: NA

Buyers shall be responsible for paying the 2017 real property taxes and any delinquent taxes.

Doug Jones

Substitute Trustee

(11-8-15-22-3tc)

notice

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

(tfc)

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 Tuesday, December 5, 2017, 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 2017 real property taxes.

Doug Jones

Substitute Trustee

(11-1-8-15-3tc)

NOTICE OF FORECLOSURE

WHEREAS, by Deed of Trust dated November 16, 2007, of record in Book 132, page 194, Register’s Office of Fentress County, Tennessee, THOMAS E. MILLER, unmarried, 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, formerly known as 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 276, page 577, Register’s Office of Fentress County, Tennessee; and

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

In the Fourth Civil District of Fentress County, Tennessee, bounded and described as follows:

Beginning on a wood fence corner post which is located in the Western ROW of Rock Quarry Road, said point being the Southeast corner of adjoining parcel #71.0 on same tax map; thence with said road ROW for the next three (3) courses and distances: (1) South 30 deg. 38’ 57” East 103.08 feet to a point; (2) South 31 deg. 51’ 47” East 193.71 feet to a point; (3) South 33 deg. 26’ 15” East 96.02 feet to a newly placed ½” rebar, said point being the Northeast corner of adjoining parcel #87.0 on same tax map; thence leaving said road ROW and with the Western boundary line of said parcel #87.0 for the next three (3) courses and distances: (1) South 41 deg. 38’ 33” West 14.30 feet to wood fence corner post; (2) proceeding South 41 deg. 38’ 33” West 572.73 feet to a 14” Hickory tree; (3) proceeding South 41 deg. 38’ 33” West 337.23 feet to a  point in the center line of Cross Springs Branch; thence with the center line of said branch for the next fourteen (14) courses and distances: (1) North 06 deg. 31’ 00” West 48.52 feet to a point; (2) North 36 deg. 52’ 54” West 20.20 feet to a point; (3) North 01 deg. 10’ 49” East 44.82 feet to a point; (4) North 12 deg. 31’ 09” East 49.05 feet to a point; (5) North 35 deg. 37’ 29” West 33.33 feet to a point; (6) North 11 deg. 38’ 20” West 66.82 feet to a point; (7) North 55 deg. 04’ 41” West 18.00 feet to a point; (8) North 24 deg. 48’ 35” East 155.08 feet to a point; (9) North 06 deg. 18’ 26” East 255.18 feet to a point; (10) North 02 deg. 05’ 03” East 33.61 feet to a point; (11) North 22 deg. 30’ 54” West 32.02 feet to a point; (12) North 58 deg. 09’ 51” West 43.00 feet to a point; (13) North 36 deg. 44’ 06” West 27.12 feet to a point; (14) North 78 deg. 19’ 01” West 18.58 feet to a point, said point being the Southwest corner of adjoining parcel #71.01 on same tax map; thence leaving said center line and with the Eastern line of parcel #71.01 North 59 deg. 56’ 49” East 377.62 feet to a wood fence corner post, said point being the Southwest corner of the first mentioned adjoining parcel #71.0; thence with the Eastern line of said parcel #71.0 North 60 deg. 26’ 39” east 140.45 feet to the point beginning.  Containing 7.66 acres more or less as per survey by O. D. Pugh, Jr., RLS #699 located at 107 Livingston Road, Crossville, Tennessee 38555, phone #1-931-484-7702 dated September 19, 2002.  Being Survey Job Number (2209-2).

Also conveyed herein are the mineral rights to the subject property and any and all royalties now being received for subject property.

Subject to the Right of Way easement of record in Deed Book 51, page 322, Register’s Office, Fentress County, Tennessee.

Included in the above described property but expressly excluded herein is the following described property:

Beginning on a wood fence corner post which is located in the Western ROW of Rock Quarry Road, said point being the Southeast corner of adjoining parcel #71.0 on same tax map; thence with said road ROW for the next three (3) courses and distances: (1) South 30 deg. 38’ 57” East 103.08 feet to a point; (2) South 31 deg. 51’ 47” East 25.00 feet to a point; thence leaving said road ROW south 60 deg. 26’ 39” W 200.00 feet to a point; thence South 29 deg. 51’ 41” W 669.07 feet to a point in the center line of Cross Springs Branch; thence with the center line of said Branch for the next eight (8) courses and distances (1) North 11 deg. 38’ 20” West 12.00 feet to a point; (2) North 55 deg. 04’ 41” West 18.00 feet to a point; (3) North 24 deg. 48’ 35” East 155.08 feet to a point; thence (4) North 06 deg. 18’ 26” East 255.18 feet to a point; (5) North 02 deg. 05’ 03” East 33.61 feet to a point; (6) North 22 deg. 30’ 54” West 32.02 feet to a point; (7) North 58 deg. 09’ 51” West 43.00 feet to a point; (8) North 36 deg. 44’ 06” West 27.12 feet to a point; (9) North 78 deg. 19’ 01” West 18.56 feet to a point, said point being the Southwest corner of adjoining parcel #71.01 on same tax map; thence leaving said center line and with the Eastern line of parcel #71.01 North 59 deg. 56’ 49” East 377.62 feet to a wood fence corner post, said point being the Southwest corner of the first mentioned adjoining parcel #71.0; thence with the Eastern line of said parcel #71.0 North 60 deg. 26’ 39” East 140.45 feet to the point of beginning.  Containing 2.50 acres more or less as per survey by O.D. Pugh, Jr., RLS #699 located at 107 Livingston Road, Crossville, TN  38555, phone #1-931-484-7702 dated September 19, 2002. Being Survey Job Number (2209-3).

Being the same property conveyed to Thomas E. Miller by virtue of a deed from Frank Bayles, dated November 16, 2007, of record in Book 132, Page 192, Register’s Office, Fentress County, Tennessee.

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 _December 8, 2017, 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: Midland Funding, LLC, as Successor in Interest to Citifinancial

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 known as 1130 Rock Quarry Road, Clarkrange, TN 38553, 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 149, Parcel 89.02 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 13th day of November, 2017.

M. WYATT BURK, Substitute Trustee

BOBO, HUNT, WHITE & BURK

111 W. Side Square

Shelbyville, Tennessee 37160

(931) 684-3327

ATTORNEYS FOR SUBSTITUTE TRUSTEE

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NOTICE

The Joint Economic and Community Development Full and Executive Board will meet on Friday, November 17th at 11:00 A.M. in the small courtroom. Full Board meeting will follow the Executive Meeting.

Everyone is invited to attend this important meeting.

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NOTICE

The Fentress County Board of Commission will hold a regular session Monday November 20th, 2017 at 6:00 pm. The meeting will be held at the Fentress County Courthouse located at 101 Main Street, Jamestown TN 38556. The meeting is open to the public.

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NOTICE

The Fentress County Board of Commission will hold a work session Monday November 20th, 2017 at 5:00 pm. The work session will be held at the Fentress County Courthouse located at 101 Main Street, Jamestown TN 38556. The work session is open to the public.

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NOTICE

The Fentress County Courthouse will be closing at 12:00 on Wednesday November 22nd and will be closed November 23rd and 24th for the Thanksgiving holiday. The County Court Clerks Office will also be closed on Saturday, November 25th 2017.  The courthouse will reopen regular business hours on Monday November 27th, 2017.

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