Legal Notices For The Week Of November 25, 2015

NOTICE OF SALE

WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from Chris Owens and wife, Michelle Owens unto Doug Jones, as Trustee, recorded February 18, 2015 in Record Book 236, Page 850 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated February 9, 2015, payable by Chris Owens and wife, Michelle Owens 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 a.m. on Thursday, December 17, 2015, 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 136, Page 485, and containing 0.46 acres, more or less.

PROPERTY ADDRESS: 444 Hill Road, Jamestown, TN 38556

TAX MAP 53, PARCEL 145.00

(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: International Portfolio, Inc.

Buyers shall be responsible for paying the 2016 real property taxes.

Doug Jones

Trustee

(11-25;12-2-9-3tc)

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NOTICE OF TRUSTEE’S SALE OF REAL ESTATE

WHEREAS, on the 20th day of July, 2007, RONALD K. CRABTREE, KATHY L. CRABTREE; ASHLEY MOTOR COMPANY, INC. did make, execute and deliver a certain Deed of Trust to Stephen L. Rains, as Trustee, to secure the payment of a certain Promissory Note of even date therewith, with said Note being payable to Progressive Savings Bank. Said Note is more fully described in said Deed of Trust of record in Book 124, Page 842, recorded on July 20, 2007, and to which Deed of Trust reference is hereby made; and

WHEREAS, default has been made in the terms, conditions and payments provided for in said certain Note heretofore mentioned, and the holder and owner of said Note 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.

THEREFORE, in accordance with the terms of the Deed of Trust and by virtue of the power and authority vested in the undersigned by the aforesaid Deed of Trust, the public is hereby notified that the undersigned Trustee, having been requested so to do by the said holder and owner of the Note, will sell the hereinafter described real estate at public auction to the highest and best bidder for cash in hand (or credit upon the indebtedness secured if the holder of the secured indebtedness is the successful bidder) at the front door of the Fentress County Courthouse in Jamestown, Tennessee, at the hour of 11:00 a.m. prevailing time on Thursday, the 17th day of December, 2015; 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 Trustee will pay any state, county taxes due on the property through the year 2015 and municipal taxes due on the property through the year 2014 and the purchaser at this sale shall be responsible for taxes thereafter. 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 located in Fentress County, Tennessee, and is more particularly described as follows:

LEGAL DESCRIPTION

TRACT ONE:

Lying and being in the First Civil District of Fentress County, Tennessee, and bounded on the north by Ida Reagan; on the south by S.G. Compton; on the east by Delk and Reagan; on the west by South Main Street, and upon which is located two concrete block buildings, and being the same property described in a deed from R.B. Delk et to H.C. Cravens, dated December 20, 1945, and recorded in Deed Book K-3, Page 534, and in a deed from Stanley Cravens etux to H.C. Cravens, dated April 1, 1948, and recorded in Deed Book O-3, page 499 in the Register’s Office of Fentress County, Tennessee. Said tract of land is approximately 56 feet in width along South Main Street and approximately 90 feet in depth, and is subject to a party wall agreement as contained in the deed from R.B. Delk et al to H.C. Cravens. There is also conveyed all easements and rights-of-way appurtenant to said property as contained in former deeds.

Being the same property described in a deed from Ashley Motor Company, Inc. to T & T Tire, a partnership of Todd Taylor and Tony Slaven, recorded in Book 23, Page 800, in the Register’s Office of Fentress County, Tennessee.

Previous and last conveyance being a General Warranty Deed from T & T TIRE, a partnership of Todd Taylor and Tony Slaven to ASHLEY MOTOR COMPANY, INC., recorded on November 3, 2004, in Book 70, Page 671, in the Register’s Office of Fentress County, Tennessee.

Map 63G, Group B, Parcel 2

TRACT TWO:

Situated in the First Civil District of Fentress County, Tennessee, and in the Town of Jamestown, near but not adjacent to the intersection of Wright Street and U.S. Highway No. 127, and being situated adjacent to and on the East side of said U.S. Highway No. 127, (sometimes referred to as Main Street in said Town), and beginning on the Southwest corner of the H.C. Cravens and Stanley Cravens lot on which is situated a building in which George Beaty now conducts a general merchandise business, the said Southwest corner of said Cravens property at the East right of way line of said Highway or Main Street, and running thence Southwardly with the same approximately 40 feet to the Northwest corner of the Patton Delk and R. B. Delk property on which is located a business building in which at present Compton Furniture Company is located, the said corner being also the Northwest corner of said building; thence Eastwardly with the North line of the said Patton Delk and R.B. Delk property, approximately 80 feet to the West side of a right of way which is ten feet in width; thence North with the said right of way approximately 40 feet to the Southeast corner of the said H.C. Cravens and Stanley Cravens building on the lot first above mentioned; thence running Westwardly with the South line of said Cravens property to the beginning; subject, however, to the provision set out in the deed from Patton Delk, et. ux., to Stanley Cravens, dated April 2, 1947, whereby the right is reserved to use the South wall of said building according to the terms therein expressed.

Previous and last conveyance being a General Warranty Deed from THEODORE T. MILLER and wife, JEWELL MILLER to ASHLEY MOTOR COMPANY, recorded on December 7, 1995, in Deed Book Q-7, Page 654, in the Register’s Office of Fentress County, Tennessee.

Map 63G, Group B, Parcel 3.00

Street Address: South Main Street, Jamestown, TN 38556.

In the event the highest bidder at the foreclosure sale should fail to comply with the submitted bid, the Trustee shall have the option of accepting the next highest bid with which the bidder is able to comply, or readvertise and sell at a second sale.

The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set for the above sale.

Dated at Jamestown, Tennessee, on this the 16th day of November, 2015.

STEPHEN L. RAINS, TRUSTEE

North Main Street

Jamestown, Tennessee 38556

752-2112

Publish: November 18, November 25, December 2, 2015

Other Interested Parties:

State of Tennessee

Department of Revenue

Revenue Enforcement Division

Special Procedures Section

P.O. Box 190665

Nashville, Tennessee 37219-0665

Jack Randall Shults

P.O. Box 9000-10838074

Forrest City, Arkansas 72336

(11-18-25;12-2-3tc)

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POSITION ANNOUNCEMENT

TENNESSEE COLLEGE OF APPLIED TECHNOLOGY LIVINGSTON

FINANCIAL SUPPORT ASSOCIATE 3

The Tennessee College of Applied Technology Livingston is accepting applications for a Financial Support Associate 3.

General Duties:

The Financial Support Associate 3 is responsible for performing accounting/technical/clerical activities for the Business Office and for other duties as assigned by Director including word processing, duplicating, scanning, and filing confidential information and records.

The Financial Support Associate 3 shall be responsible for, but not limited to, the following duties:

Assist with the College bookstore operations.

Perform receipting function, reconcile daily receipts, daily revenue reports, and process refunds.

Monthly reconciliations of accounts with Banner,

Maintain employee records and payroll.

Assist in new employee orientation.

Maintain student receivables including the collection process.

Maintain Inventory Control functions including Sensitive Item Inventory and routing of capitalized equipment paperwork to Coordinator of Institutional Support.

Maintain current contract files and spreadsheet log.

Assist if needed in processing checks disbursement.

Register students in SIMS

Answer incoming telephone calls for the College and route them to the appropriate party and assist any walk-ins with directions and/or school information.

Utilize good telephone etiquette projecting a cheerful and friendly attitude.

Maintain strict confidentiality as it relates to the financial information, employee information, student records, student financial aid, state and federal reports and any other information generated from the Business Office and the Tennessee College of Applied Technology Livingston.

Perform other duties as assigned.

Qualifications:

Education requirement—High School Diploma or GED. Technical Certificate or two year degree preferred. Minimum of 3 years of work experience.

Accounting experience is preferred.

Must have mature attitude, stable personality, worker characteristics that are conducive to a busy office environment, and exercise good judgment. Position requires some evening hours and/or local travel.

Working knowledge of Microsoft Office.

Must be willing to receive training in the latest office technology and procedures and be willing to engage in staff development activities as needed. Salary: Commensurate with experience and according to salary guidelines established by the Tennessee Board of Regents. Qualified applicants should send resume and application (located on the TCAT Livingston website) to: Suzanne Smith, Administrative Assistant

TN College of Applied Technology Livingston

740 Hi Tech Drive

Livingston, TN 38570

(931) 823-5525

www.tcatlivingston.edu

Review of application to begin immediately and will continue until position is filled.

EOE/AA/Title IX/Title VI/ADA Employer

A TENNESSEE BOARD OF REGENTS INSTITUTION

(11-25;12-2-2tc)

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NOTICE OF SALE UNDER DEED OF TRUST

WHEREAS, by Deed of Trust dated August 26, 2011, and recorded in Book 190,

Page 429, Register’s Office, Fentress County, Tennessee, SARAH K. McMAHON and CHRISTOPHER BRAD YATES , conveyed in trust to James E. Elder, Trustee, the property hereinafter described to secure the payment of a promissory note dated August 26,2011, and payable to People’s Bank and Trust Company of Pickett County, the note referred to in said Deed of Trust, and WHEREAS, a Substitution of Trustee has been executed naming Phillips M. Smalling, as Substitute Trustee, by instrument dated November 9, 2015, and recorded in the Register’s Office for Fentress County, Tennessee, in Book 247, Page 579, and

WHEREAS, default has occurred according to the terms and conditions of the note and the holder of said note has declared the entire balance due and payable and has instructed the Substitute Trustee to foreclose under said Deed of Trust, and

WHEREAS, said Deed of Trust waives the right of equity of redemption, homestead, dower and all other exemptions of every kind.

NOW, THEREFORE, by virtue of the authority vested in me as Substitute Trustee under said instrument, I will on FRIDAY, DECEMBER 18, 2015, AT 2:00 P.M., prevailing time, offer for sale and sell at the East door (front door) of the Fentress County Courthouse, Jamestown, Tennessee, to the highest, last and best bidder for cash, the real estate conveyed in said Deed of Trust, and described as follows:

Lying and being in the Fourth Civil District of Fentress County, Tennessee, and being a part, parcel and portion of those lands more fully described in the deed from the Commissioner of Finance and Taxation of the State of Tennessee to C.P. Beaty which is recorded at Deed Book V-3, Page 487, in the Register’s Office of Fentress County, Tennessee, and BEGINNING at a stake on the bank of Horse Creek; thence North a straight line to the bluff; thence with the meanders of the bluff back to the falls of the Creek; thence with the Creek down the branch to the point of beginning, so as to contain 50 acres , the same more or less.

Rebecca A. Bolin Pickering and Sarah K. McMahon are all the children and heirs of law of Mary Bolin, an unmarried person, who died February 29, 2008, without a Last Will and Testament.

The above description was taken from the prior deed of the described property.

A previous and last conveyance being a Deed as recorded in Deed Book D-6, Page 273, in the Register’s Office for Fentress County, Tennessee.

Previous and last conveyance being a Quitclaim Deed from Rebecca A. Bolin Pickering to Sarah K. McMahon, by deed dated April 4, 2008, and recorded in Book 138, Page 815, in the Register’s Office for Fentress County, Tennessee.

Reference is made to a Boundary Line Agreement, of record in the Register’s Office for Fentress County, Tennessee, in Book 230, Page 733.

Real Property Also Known As: Tax Map 122, Parcel 7.02.

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.

Said sale shall be subject to any restrictions, reservations, conditions and liens of record applicable to said property, and is further subject to any County real property taxes against said property.

Address: 159 Nash Road, Jamestown, TN 38556

INTERESTED PARTIES: Sarah K. McMahon

159 Nash Road

Jamestown, TN 38556

Christopher Brad Yates

159 Nash Road

Jamestown, TN 38556

PEOPLE’S BANK AND TRUST COMPANY

HOLDER OF THE INDEBTEDNESS

19 Courthouse Square, Byrdstown, TN 38549

THIS 13th day of November, 2015.

PHILLIPS M. SMALLING

ATTORNEY AT LAW

P.O. BOX 340

BYRDSTOWN, TN 38549

931-864-6208

#012251

(11-18-25;12-2-3tc)

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NOTICE OF TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated June 10, 2008, of record in Record Book 142, Page 331, Register’s Office for Fentress County, Tennessee, Subordination Agreement recorded June 10, 2008 in Book 142 Page 360; and Modification Agreement recorded January 8, 2012 in Book 194, Page 885, Register’s Office for Fentress County Tennessee (hereafter “Deed of Trust”) from or executed by Luther Byrd and wife Elaina Byrd (“Borrower”) to Don Calcote, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by Community Bank of the Cumberlands, now pursuant to merger is known as SouthEast Bank, the lawful owner and holder thereof; and,

The undersigned, William D. Birdwell, Trustee, having been appointed through Appointment of Successor Trustee, recorded in Record Book 247, Page 130-131, Register’s Office for Fentress County, Tennessee;

NOW, WHEREFORE, I, William D. Birdwell, Trustee, pursuant to said Deed of Trust, having been requested by SouthEast Bank, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on December 4, 2015, at 12:00 p.m., at the Front Door of the Fentress County Courthouse, in Jamestown, County of Fentress, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the statutory right of redemption, homestead, curtsey and dower, appraisement, and the marshalling of liens and assets relating to the property , all of which have been expressly waived by Borrower in said Deed of Trust, the following-described property located in the First (1st) Civil District of Fentress County, Tennessee, which, pursuant to TCA 35-5-104(2) has a Concise Description as described in the complete legal description of the property contained in Deed of Trust recorded in Record Book 142, Page 331, Register’s Office Fentress County, Tennessee, which is the previous and last conveyance of the property, and Common Description of 735 Flatt Spur Road, Jamestown, TN 38556, and Map 062; Group _____; Ctrl Map 062, and Parcel 012.03, as assessed by the Assessor of Property, Fentress County, Tennessee.

This property is not encumbered by liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Fentress County, Tennessee; except as follows: NONE

This property is not encumbered by liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Fentress County, Tennessee; except as follows: Order Granting Motion for Default Judgment December 28, 2011 in Book 194, Page 504, Registers Office for Fentress County Tennessee. That Notice required by TCA 67-1-1433(b)(1) to be given to the State of Tennessee has been timely given. The sale of the land thus advertised will be subject to the right of the State of Tennessee to redeem the land as provided in TCA 67-1-1433(c)(1).

This sale is being sold subject to any liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.

Interested Parties; TCA 35-5-104(a)(1) and (d): Luther Byrd, 135 Flatt Spur Road, Jamestown TN 38556; Elaina Byrd 135 Flatt Spur Road, Jamestown TN 38556; SouthEast Bank c/o Ken Reaves, 1065 East 10th Street, Cookeville, TN 38501; Commissioner of Environment and Conservation, Commissioner Robert Martineau, 312 Rosa L. Parks Ave 2nd Floor William R. Snodgrass TN Tower, Nashville, TN 37243, Attorney General Herbert Harrison Slatery, III, 425 5th Ave N, PO Box 20207, Nashville, TN 37202-0207; Sr. Counsel Sohnia W. Hong, 425 5th Avenue North, PO Box 20207, Nashville, TN 37202-0207

Pursuant to TCA 35-5-101(e), a copy of the above notice, as required in TCA 35-5-104, was served upon the above referenced Debtor(s) and Interested Parties, by lodging same with the US Mail Certified Mail, Return Receipt Requested, postage prepaid, for delivery to the addresses indicated on or before the first date of publication.

Pursuant to the Service Members Civil Relief Act of 2003, confirmation was obtained on November 2, 2015, that there is no information in the Department of Defense data center that indicates Luther Byrd or Elaina Byrd are currently on active military duty.

Dates of Publication; TCA 35-5-101(a)(b): The Fentress Courier newspaper, a newspaper published in Fentress County, Tennessee, the county where the land is located and the sale is to be made, which shall be published in the newspaper on the following dates: November 11, 2015, November 18, 2015, and November 25, 2015.

By: William D. Birdwell, Esq.

Successor Trustee

457 East Broad Street

Cookeville, Tennessee 38501

(11-11-18-25-3tc)

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NOTICE OF TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated August 13, 2007, of record in Book 126, Page 665, Register’s Office for Fentress County, Tennessee, Modification Agreement executed February 8, 2011, in Book 183, Page 831, Register’s office for Fentress County, Tennessee; Affidavit of Affixation registered on August 8, 2014 in Book 229, Page 699 Register’s Office for Fentress County; and Modification and Extension Agreement, registered August 8, 2014 in Book 229, Page 693, Register’s Office of Fentress County, Tennessee (hereafter collectively referred to as “Deed of Trust”) from or executed by Ricky Crabtree and wife Linda Sue Crabtree (”Borrower”) to Don Calcote, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by Community Bank of the Cumberlands, now pursuant to merger is known as SouthEast Bank, the lawful owner and holder thereof; and,

The undersigned, William D. Birdwell, Trustee, having been appointed through Appointment of Successor Trustee, recorded in Record Book 247, Page 126, Register’s Office for Fentress County, Tennessee;

NOW, WHEREFORE, I, William D. Birdwell, Trustee, pursuant to said Deed of Trust, having been requested by SouthEast Bank, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on December 4, 2015, at 12:00 p.m., at the Front Door of the Fentress County Courthouse, in Jamestown, County of Fentress, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the statutory right of redemption, homestead, curtsey and dower, appraisement, and the marshalling of liens and assets relating to the property , all of which have been expressly waived by Borrower in said Deed of Trust, the following-described property located in the First (1st) Civil District of Fentress County, Tennessee, which, pursuant to TCA 35-5-104(2) has a Concise Description as described in the complete legal description of the property contained in Deed of Trust recorded in Book 126, Page 665, Register’s Office of Fentress County, Tennessee, which is the previous and last conveyance of the property, and Common Description of 1087 Shirley Road, Allardt, Tennessee, 38504, and Map 098; Group ______; Ctrl Map, and Parcel 003.03, as assessed by the Assessor of Property, Fentress County, Tennessee. Pursuant to TCA 55-3-138, and Affidavit of Affixation recorded in Book 229, Page 699, Register’s Office of Fentress County, Tennessee, a certain used, 1987 FEST, VIN#TNFLF11AH172617707 Manufactured Home has become affixed to the real property as an improvement to real property, is included in the Concise Description and Common Description, and shall be conveyed with the real property. Notice of Security Interest Enforcement. Whereas, pursuant to Tenn. Code Ann. § 55-3-126, Lender perfected a security interest in a Manufactured Home, as defined in Tenn. Code Ann. § 55-1-105 and 47-9-102(53), permanently attached to the above described real property, and at the time the security interest was perfected, and continuing through the present, the wheels and axles have been removed, said home has been permanently connected to a septic or sewer system and other utilities such as electricity, water and gas, said home has been assessed and taxed as an improvement to the land, and, where said Manufactured Home is so related to the above described real property that an interest in it arises under real property law, said Manufactured Home constitutes a Fixture, pursuant to Tenn. Code Ann. § 47-9-102(41). Pursuant to Tenn. Code Ann. § 47-9-604, where the security agreement of the Secured Party covers goods that are fixtures, said secured party may proceed to enforce its security interest in accordance with the rights with respect to real property, in which case the provisions of TCA Title 47, Chapter 9, Part 6, do not apply. Secured Party hereby gives notice that it shall proceed to enforce its security interest in accordance with the rights with respect to real property by selling said Manufactured Home by and through the above noticed Trust Sale, as prescribed in Tenn. Code. Ann § 35-5-101 et seq. with the real property described above as one lot.

This property is not encumbered by liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Fentress County, Tennessee.

This property is not encumbered by liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Fentress County, Tennessee; except as follows:

Notice of Tax Lien, State of Tennessee Department of Labor and Workforce Development, Richard Crabtree, Individually and d/b/a Building Supply and Home Center, $163.06 as of March 31, 2000, Registered March 21, 2000, in Lien Book 9, Page 92, Register’s Office of Fentress County, Tennessee.

This sale is being sold subject to any liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.

Interested Parties; TCA 35-5-104(a)(1) and (d): State of Tennessee Department of Labor and Workforce Development, Nashville, TN 37245-3545; Atlantic Credit and Finance Company, c/o Ambrose, Wilson, Grimm and Durand, LLP, P.O. Box 2466 Knoxville, TN 37901-2466; Dell Financial Services, LP, c/o Nicholas H. Adler (BPR no. 023469), Mann Bracken, LLC, 209 10th Avenue South, STE 532, Nashville, TN 37203; LVNV Funding, LLC c/o Buffaloe and Associates, 201 4th Avenue North, STE 1300, Nashville, TN 37219

Pursuant to TCA 35-5-101(e), a copy of the above notice, as required in TCA 35-5-104, was served upon the above referenced Debtor(s) and Interested Parties, by lodging same with the US Mail Certified Mail, Return Receipt Requested, postage prepaid, for delivery to the addresses indicated on or before the first date of publication.

Pursuant to the Service Members Civil Relief Act of 2003, confirmation was obtained on October 28, 2015, that there is no information in the Department of Defense data center that indicates either Ricky Crabtree or Linda Sue Crabtree are currently on active military duty.

Dates of Publication; TCA 35-5-101(a)(b): The Fentress Courier newspaper, a newspaper published in Fentress County, Tennessee, the county where the land is located and the sale is to be made, which shall be published in the newspaper on the following dates: November 11, 2015, November 18, 2015, and November 25, 2015.

William D. Birdwell, Esq.

Successor Trustee

457 East Broad Street

Cookeville, Tennessee 38501

(11-11-18-25-3tc)

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NOTICE OF TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated July 23, 2009, of record in Book 161, Pages 288-294, Register’s Office for Fentress County, Tennessee, and Modification and Extension Agreement, registered February 28, 2013 in Book 210, Page 473, Register’s Office of Fentress County, Tennessee (hereafter collectively referred to as “Deed of Trust”) from or executed by Gary Waters and Sheila Christine Waters (“Borrower”) to Don Calcote, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by Community Bank of the Cumberlands, now pursuant to merger is known as SouthEast Bank, the lawful owner and holder thereof; and,

The undersigned, William D. Birdwell, Trustee, having been appointed through Appointment of Successor Trustee, recorded in Record Book 247, Page 128, Register’s Office for County, Tennessee;

NOW, WHEREFORE, I, William D. Birdwell, Trustee, pursuant to said Deed of Trust, having been requested by SouthEast Bank, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on December 4, 2015, at 12:00 p.m., at the Front Door of the Fentress County Courthouse, in Jamestown, County of Fentress, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the statutory right of redemption, homestead, curtsey and dower, appraisement, and the marshalling of liens and assets relating to the property , all of which have been expressly waived by Borrower in said Deed of Trust, the following-described property located in the First (1st) Civil District of Fentress County, Tennessee, which, pursuant to TCA 35-5-104(2) has a Concise Description as described in the complete legal description of the property contained in Deed of Trust recorded in Book 161, Pages 288-294, Register’s Office of Fentress County, Tennessee, which is the previous and last conveyance of the property, and Common Description of 158 Northwood Drive, Jamestown, Tennessee, and Map 44; Group ___; Ctrl Map 044, and Parcel 032.75, as assessed by the Assessor of Property, Fentress County, Tennessee. Pursuant to TCA 55-3-138, a certain 1996 Clayton Bay, VIN# CLM0633647N Manufactured Home has become affixed to the real property as an improvement to real property, is included in the Concise Description and Common Description, and shall be conveyed with the real property. Notice of Security Interest Enforcement. Whereas, pursuant to Tenn. Code Ann. § 55-3-126, Lender perfected a security interest in a Manufactured Home, as defined in Tenn. Code Ann. § 55-1-105 and 47-9-102(53), permanently attached to the above described real property, and at the time the security interest was perfected, and continuing through the present, the wheels and axles have been removed, said home has been permanently connected to a septic or sewer system and other utilities such as electricity, water and gas, said home has been assessed and taxed as an improvement to the land, and, where said Manufactured Home is so related to the above described real property that an interest in it arises under real property law, said Manufactured Home constitutes a Fixture, pursuant to Tenn. Code Ann. § 47-9-102(41). Pursuant to Tenn. Code Ann. § 47-9-604, where the security agreement of the Secured Party covers goods that are fixtures, said secured party may proceed to enforce its security interest in accordance with the rights with respect to real property, in which case the provisions of TCA Title 47, Chapter 9, Part 6, do not apply. Secured Party hereby gives notice that it shall proceed to enforce its security interest in accordance with the rights with respect to real property by selling said Manufactured Home by and through the above noticed Trust Sale, as prescribed in Tenn. Code. Ann § 35-5-101 et seq. with the real property described above as one lot.

This property is not encumbered by liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Fentress County, Tennessee; except as follows: NONE.

This property is not encumbered by liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Fentress County, Tennessee; except as follows: NONE.

This sale is being sold subject to any liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.

Interested Parties; TCA 35-5-104(a)(1) and (d): Gary Waters 158 Northwood Drive, Jamestown, TN 38556; Sheila Christine Waters, 158 Northwood Drive, Jamestown, TN 38556; SouthEast Bank c/o Ken Reaves, 1065 East 10th Street, Cookeville, TN 38501

Pursuant to TCA 35-5-101(e), a copy of the above notice, as required in TCA 35-5-104, was served upon the above referenced Debtor(s) and Interested Parties, by lodging same with the US Mail Certified Mail, Return Receipt Requested, postage prepaid, for delivery to the addresses indicated on or before the first date of publication.

Pursuant to the Service Members Civil Relief Act of 2003, confirmation was obtained on October 30, 2015, that there is no information in the Department of Defense data center that indicates neither Gary Waters nor Sheila Christine Waters are currently on active military duty.

Dates of Publication; TCA 35-5-101(a)(b): The Fentress Courier newspaper, a newspaper published in Fentress County, Tennessee, the county where the land is located and the sale is to be made, which shall be published in the newspaper on the following dates: November 11, 2015, November 18, 2015 and November 25, 2015.

By: William D. Birdwell, Esq.

Successor Trustee

457 East Broad Street

Cookeville, Tennessee 38501

(11-11-18-25-3tc)

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