Legal Notices For The Week Of November 27, 2019

NOTICE OF SUBSTITUTE TRUSTEE’S SALE   

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated March 25, 2003, executed by  STEVE RICHARDS AND LORA RICHARDS, conveying certain real property therein described to KEVIN STODDARD, as Trustee, as same appears of record in the Register’s Office of Fentress County, Tennessee recorded March 27, 2003, in Deed Book 43, Page 280-286 ; and  

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-3, Mortgage-Backed Notes, Series 2017-3  who is now the owner of said debt; and 

WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Fentress County, Tennessee.  

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on December 12, 2019 at 3:00 PM at the Main Entrance of the Fentress County Courthouse, Jamestown, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Fentress County, Tennessee, to wit:

LYING AND BEING IN THE COUNTY OF FENTRESS, STATE OF TENNESSEE, ABOUT ONE MILE WEST FROM THE TOWN OF ALLAULT AND BEING PART OF FENTRESS COUNTY ENTRY NO. 465 GRANTED BY THE STATE OF TENNESSEE RENDER GRANT NO. 6418 SITUATED IN THE NORTH SIDE OF THE GRADED ROAD FORMERLY KNOWN AS STATE HIGHWAY NO. 52 AND BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY THE GRANTORS HEREIN TO THE STATE FARISTER OF THE STATE OF TENNESSEE BY DEED DATED APRIL 27, 1937 AND RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 2 DEGREES 30 MINUTES EAST WITH THE WEST BOUNDARY LINE OF SAID STATE FARESTER`S TRACT OF LAND 32 POLES 20 LINKS TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 87 DEGREES 30 MINUTES WEST 88 POLES TO A SET FOUR INCH TILE FILLED WITH CONCRETE: THENCE SOUTH 2 DEGREES 30 MINUTES WEST 32 POLES 20 LINKS TO A SET STONE ON THE NORTH SIDE OF SAID GRADED ROAD: THENCE SOUTH 87 DEGREES 30 MINUTES EAST WITH SAID ROAD 38 POLES TO THE PLACE OF BEGINNING. CONTAINING 7-79/100 ACRES MORE OR LESS. BEING THE SAME PROPERTY CONVEYED FROM ARTHUR RICHARDS, DECEASED AND SADIE RICHARDS, DECEASED TO STEVE RICHARDS BY (AMENDED AFFIDAVIT OF HEIRSHIP) DEED RECORDED 05/05/98, IN BOOK A-8, AT PAGE 161, IN THE REGISTER`S OFFICE OF FENTRESS COUNTY, TENNESSEE. TAX MAP OR PARCEL ID NO.: 8600100  Parcel ID: 086 00100 000   PROPERTY ADDRESS: The street address of the property is believed to be 1511 TAYLOR PL ROAD, JAMESTOWN, TN 38556. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.   

CURRENT OWNER(S): ESTATE AND/OR HEIRS AT LAW OF STEVE RICHARDS 

OTHER  INTERESTED PARTIES:     UNION BANK OF JAMESTOWN     

The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid 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; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. 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. 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.            

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.  

Rubin Lublin TN, PLLC, 

Substitute Trustee 

119 S. Main Street, Suite 500 

Memphis, TN 38103 

rlselaw.com/property-listing 

Tel: (877) 813-0992 

Fax: (404) 601-5846 

(11-13-20-27-3tc)

NOTICE OF TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 10, 2018, and the Deed of Trust of even date securing the same, recorded August 27, 2018, in Book No. 289, at Page 469, in Office of the Register of Deeds for Fentress County, Tennessee, executed by Virginia L Weaver, conveying certain property therein described to Joseph B. Pitt, Jr. as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Reliance First Capital, LLC, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by PennyMac Loan Services, LLC.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by PennyMac Loan Services, LLC, will, on January 16, 2020 on or about 3:00 PM, at the Fentress County Courthouse, Jamestown, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Fentress County, Tennessee, and being more particularly described as follows:

LYING AND BEING IN THE FIRST CIVIL DISTRICT OF FENTRESS COUNTY, TENNESSEE, AND BEGINNING ON A SET STONE (FOUND) IN THE WEST RIGHT OF WAY OF HIGHWAY 52, BEING THE NORTHEAST CORNER OF DILLON (T-7, 217) AND THE SOUTHEAST CORNER OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 83 DEGREES 45 MINUTES 16 SECONDS WEST, A DISTANCE OF 496.99 FEET TO A SET STONE (FOUND) IN THE NORTH LINE OF DILLON AND THE SOUTHEAST CORNER OF STEPHENS (T-6, 490); THENCE NORTH 01 DEGREES 10 MINUTES 43 SECONDS EAST, A DISTANCE OF 295.06 FEET TO A SET STONE (FOUND) JUST SOUTH OF A GRAVEL DRIVE, THE NORTHWEST CORNER OF THIS PARCEL; THENCE SOUTH 83 DEGREES 47 MINUTES 58 SECONDS EAST, A DISTANCE OF 428.81 FEET TO A 1/2 SECONDS IRON PIN AND CAP SET THIS SURVEY IN THE WEST RIGHT OF WAY OF HIGHWAY 52; THENCE SOUTH 11 DEGREES 30 MINUTES 50 SECONDS EAST, A DISTANCE OF 308.97 FEET TO THE POINT OF BEGINNING, CONTAINING 3.13 ACRES, MORE OR LESS, AS SURVEYED BY TIMOTHY L. GOAD, RLS #1748 ON MARCH 04, 2005. BEARINGS BASED ON A MAGNETIC NORTH READING TAKEN ON THE PROPERTY.

ALSO KNOWN AS: 1030 Allardt Highway, Jamestown, TN 38556

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property:

VIRGINIA L WEAVER

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 342445

DATED November 15, 2019

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

(11-20-127; 12-4-3tc)

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-Land Storage gives notice of failure to pay and sale of contents of Linda Lisk’s leased space said contents shall be sold or disposed of per the owner’s lien against Linda Lisk for failure to pay rent which property is located in rental unit #A-9 & A-22 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556 and that said sale shall be at 9:00 a.m. Saturday, November 30, 2019.

10% buyers premium

Auctioneer License No: 6335

(11-20-27-2tc)

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-Land Storage gives notice of failure to pay and sale of contents of B-30 leased space said contents shall be sold or disposed of per the owner’s lien against B-30 for failure to pay rent which property is located in rental unit #B30 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556 and that said sale shall be at 9:00 a.m. Saturday, November 30, 2019.

10% buyers premium

Auctioneer License No: 6335

(11-20-27-2tc)

NOTICE

The Fentress County Courthouse will be closed November 28th & 29th in observance of Thanksgiving.  The courthouse will reopen on Monday, December 2nd at 8:00 a.m.

(11-20-27-2tc)

NOTICE

The Fentress County ID Board will meet in its regularly scheduled monthly meeting Friday, December 6th, 2019 at 8:00 a.m. The meeting will be held at the Historic Courthouse in the Economic & Community Development Room.

(11-27; 12-4-2tc)

NOTICE OF SUCCESSOR TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated September 8, 2016, of record in Book 259, Page 688, Register’s Office for Fentress County, Tennessee, from Clarkrange Hunting Lodge, LLC (”Borrower”) to Melanie Stepp Lane, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and

The undersigned, Darren W. Kennedy, Successor Trustee, having been appointed Successor Trustee on October 10, 2019, of record in Book 306, Page 686, said Register’s Office, to serve in the place and stead of Melanie Stepp Lane, Trustee;

NOW, THEREFORE, I, Darren W. Kennedy, Successor Trustee, pursuant to said Deed of Trust, having been requested by Kenneth Grant Moody, 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, 2019, at 1:00 p.m., at Fentress County Courthouse main entrance, in Jamestown, Fentress County, 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 equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in Clarkrange, Fentress County, Tennessee:

TRACT ONE: Lying and being in the Fourth Civil District of Fentress County, Tennessee, and BEGINNING on a maple and pointers at the top of the bluff of the Pennycuff Branch, being the corner tracts of land owned by Ollie Wilson, W. H. Peters and W. P. Little; thence North 6 ½ degrees West 6 poles; North 37 degrees West and 10 poles; North 43 degrees West 8 poles; North 46 ½ degrees West 12 poles; North48 degrees West 14 poles; North 45 degrees West 12 poles; North 52 degrees West 11 poles; North 46 degrees West 20 poles; North 56 ½ degrees West 8 poles; North 55 degrees West 10 poles; North 44 degrees West 12 poles; North 33 degrees West 10 poles to a post oak on the old Phillips Road; thence, with said line, North 3 degrees East 202 poles to a small hickory and pointers; thence South 87 degrees East, crossing Little Hurricane Creek at 20 poles, in all 128 poles to a stone marked “P. L.” and pointers on the west bank of Big Hurricane Creek; thence up said creek, South 38 ½ degrees West 18 poles, passing the mouth of Little Hurricane Creek; South 15 degrees West 12 poles; South 11 ¼ degrees East 22 poles; South 28 ½ degrees West 16 poles; South ½ degree West 12 poles; South 61 degrees East 24 poles; South 36 ¼ degrees East 12 poles; South 17 ½ degrees East 12 poles; South 34 degrees East 8 poles; South 12 degrees East 10 poles; South 10 ¼ degrees West 32 poles; South 17 ¼ degrees West 30 poles; South 7 ½ degrees East 10 poles; South 84 degrees East 19 poles to mouth of Pennycuff Branch; thence North 68 ½ degrees East 16 poles continuing up said creek, South 62 ½ degrees East 25 poles; South 16 ½ degrees West 22 poles; South 3 degrees West 12 poles; North 84 ½ degrees East 30 poles; South 38 degrees East 18 poles; South 28 degrees East 18 poles; South 4 degrees West 23 poles; South 40 degrees East 17 poles to the east line of Jeffers Entry No. 855; thence South 2 ½ degrees West, with said line, about 30 poles to a set stone and two pines and hickory pointers, this being the northwest corner of the tract purchased by Peters and Little of R. W. Ashburn; thence South 89 ½ degrees East 20 poles to a black gum on the west bank of Big Hurricane Creek at the old ford above the old G.D. Ashburn mill; thence southwardly up said creek to where the said Jeffers line crosses said creek; thence North 49 degrees West 62 poles; North 63 degrees West 14 poles; North 40 degrees West 5 poles to the top of a cliff; thence northwardly down a hollow that heads at said cliff about 40 poles to the south boundary line of the portion of this tract which the said Peters and Little purchased of C. D. Ashburn; thence North 87 ½ degrees West about 200 poles to two post oaks; thence North 2 ½ degrees East 111 poles to a stake in the West Fork Road; thence South 63 ½ degrees East 19 ½ poles with said road; thence, continuing with said road, South 77 degrees East 17 ½ poles; South 87 ½ degrees East 22 poles to a stake in the road; thence North 53 degrees East 94 poles to the beginning, totaling 778 acres. 

There is expressly excepted out of the foregoing a tract of land heretofore conveyed by J. V. Akers and Fred Akers to Edward Moretz and wife, Noble Moretz, by Deed dated May 17, 1945, and recorded in Deed Book J-3, Page 501, in the Register’s Office of Fentress County, Tennessee, to which Deed specific reference is hereby made. 

There is also expressly excepted, excluded, and reserved unto John H. Gilbert a tract of land upon which his residence is now situated and described as BEGINNING in the north margin or right of way of the Livingston Road directly across from the intersection of the Union B Road; thence westwardly with the right of way of such Livingston Road to Peters Corner; thence northeastwardly with Peters line to an iron pin; then a straight line to the point of beginning and containing two (2) acres, more or less. 

TRACT TWO: Lying and being in the Fourth Civil District of Fentress County, Tennessee, on the water of Big Hurricane Creek and described as follows: BEGINNING in the center of Big Hurricane Creek at a point marked with a cross on a boulder three or four feet in diameter, this being the southwest corner of the Brumlough Tract approximately ¾ of a mile south of the mouth of Little Hurricane Creek; thence up the center of Big Hurricane Creek approximately 600 yards to the Satterfield sater (sic) gate; thence eastwardly about 30 yards to a steel stake at the base of the cliff; thence northwestwardly with the base of the cliff to a steel stake at the base of the cliff due east from the beginning; thence westwardly approximately 30 yards to the beginning; totaling 5 acres, more or less. 

TRACT THREE: Lying and being in the Fourth Civil District of Fentress County, Tennessee, and BEGINNING on a set stone on the east bank of Hurricane Creek, and opposite the mouth of Little Hurricane Creek, and being the same corner which is also the beginning corner of a boundary line agreement, dated May 12, 1960, between Estate of Bruno Gernt, Inc. and W. L. Brumbalough; thence running eastwardly with the boundary line of lands owned by the said Estate of Bruno Gernt, Inc., being also the westerly boundary line of J. P. Brumbalough, the latter being successor in title to the said W. L. Brumalough, to the bluff of Big Hurricane Creek; thence, southwardly with said bluff to the common boundary line between the land of J. P. Brumbalough and Horace Vahn; thence westwardly with said line to the beginning; totaling 15 acres, more or less. 

TRACT FOUR: Lying and being in the Fourth Civil District of Fentress County, Tennessee, being  part of Grant No. 6402, and BEGINNING on a steel post in the west boundary line of Entry No. 855 known as the Jeffers Entry, at a point located 1,062.93 feet north from the northeast corner of the 18.5 acre tract conveyed by Estate of Bruno Gernt, Inc. to Roy and Ras Wislon by deed dated August 24, 1962 of record in Deed Book E-4, Page 419; thence North 29 degrees 51 minutes 39 seconds West 321.15 feet to a steel post; thence North 38 degrees 15 minutes 23 seconds West 644.72 feet to a steel post; thence South 15 degrees 8 minutes 42 seconds West 417.97 feet to a steel post; thence South 11 degrees 44 minutes 37 seconds East 139.94 feet to a steel post; thence South 28 degrees 17 minutes 31 seconds West 331.39 feet to a steel post; thence North 2 degrees 51 minutes 47 seconds East with a marked and painted line 1,741.08 feet to the center of Little Hurricane Creek; thence northeastwardly and southeastwardly down said Little Hurricane Creek with its various meanders approximately 3,276 feet to the north boundary line of Entry No. 855; thence, with the north boundary line of said entry, North 86 degrees 52 minutes 40 seconds West 679.11 feet to the northwest corner of said Entry No. 855; thence with the west boundary line of said entry, South 3 degrees 7 minutes 19 seconds West 3135.65 feet to the beginning, totaling 46.91 acres, more or less. 

The coal, oil and gas under this tract were reserved in the deed from the Estate of Bruno Gernt, Inc. to John Gilbert, recorded in Deed Book W-6, Page 210 in the Register’s Office for Fentress County, Tennessee.

Map Parcel Nos. 142-032.00 and 142-033.00.  

Current Owner:  Clarkrange Hunting Lodge, LLC.

The following Party(ies) may claim an interest in the property:    N/A

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

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.

Please note:  The deed of trust being foreclosed upon encumbers additional real property in Overton County, Tennessee which is also being foreclosed upon on the same date at 11:00 a.m. at the main entrance to the Overton County Courthouse.  All of the property in both counties encumbered by said deed of trust was being used as a hunting lodge.  Anyone desiring to obtain all property encumbered by said deed of trust must attend and win the bid at both auctions.  Trustee makes no representations as to right of access to any public roadway or right of way for the real property being foreclosed herein.

This sale is subject to all matters shown on any recorded plat; any and all liens, easements or setback lines, restrictive covenants, any matter that an accurate survey of the premises might disclose, 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.  Trustee will only convey any interest he may have in the property at the time of the sale.  The right is reserved to adjourn the day of the sale to another day, time, and place for the sale set forth above, without further publication, upon announcement.  Property is being sold “as is, where is.”  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 Darren W. Kennedy.  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 sale may be rescinded by the Trustee at any time.  This office is attempting to collect a debt.  Any information obtained will be used for that purpose.

This 8th day of November, 2019.

Darren W. Kennedy, 

Successor Trustee

205 S. Norris Street

Jamestown, TN 38556

931.879.8144

(11-13-20-27-3tc)

NOTICE TO CREDITORS

(As required by TCA 30-509 as amended by Chapter 229, Public Acts of Tennessee, 1971) 

Docket No. P-19-58 

Estate of Juanita June Tipton Dunford, Late of Fentress County, Tennessee 

Notice is Hereby Given that on the 19th, November, 2019, Letters Testamentary, of Administration, in respect to the Estate of Juanita June Tipton Dunford, 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 un-matured against his (or her) Estate are required to file the same in triplicate with the Clerk & 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 are 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 and 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 the 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 19th day of November 2019 

Yvonne Gernt

Stephen Tipton

Co-Executors for the Estate of 

Juanita June Tipton Dunford 

1289 Bertram Road

Jamestown TN, 38556 

Linda Smith 

Clerk and Master

Linda P. Taylor, 

Chief Deputy Clerk & Master 

140 Justice Center Dr., Ste 110 

Jamestown TN 38556

(11-27; 12-4-2tp)

NOTICE TO CREDITORS

NO. P-19-59

(As required by T.C.A. §30-2-306)

Estate of Ralph Denton Bowden, Late of Fentress County, Tennessee

Notice is hereby given that on the 15th day of November, 2019, Letters Testamentary (or of Administration, as the case may be) in respect of the Estate of Ralph Denton Bowden, deceased, who died the 25th day of October, 2019, were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and nonresident, having claims, matured or unmatured, against the Estate are required to file the same with the Clerk & Master of the above-named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise their claims will be forever barred:

(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or

(B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or 

(2) Twelve (12) months from the decedent’s date of death.

This 15th day of November, 2019.

Debra Kay Bowden

Administrator of Estate of 

Ralph Denton Bowden

4804 Little Crab Rd.

Jamestown, TN 38556

Linda Smith

Clerk & Master

140 Justice Ctr. Dr., Ste. 110

Jamestown, TN 38556

(11-27; 12-4-2tp)

NOTICE OF SUCCESSOR TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated September 8, 2016, of record in Book 259, Page 688, Register’s Office for Fentress County, Tennessee, from Clarkrange Hunting Lodge, LLC (”Borrower”) to Melanie Stepp Lane, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and

The undersigned, Darren W. Kennedy, Successor Trustee, having been appointed Successor Trustee on October 10, 2019, of record in Book 306, Page 686, said Register’s Office, to serve in the place and stead of Melanie Stepp Lane, Trustee;

NOW, THEREFORE, I, Darren W. Kennedy, Successor Trustee, pursuant to said Deed of Trust, having been requested by Kenneth Grant Moody, 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, 2019, at 1:00 p.m., at Fentress County Courthouse main entrance, in Jamestown, Fentress County, 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 equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in Clarkrange, Fentress County, Tennessee:

TRACT ONE: Lying and being in the Fourth Civil District of Fentress County, Tennessee, and BEGINNING on a maple and pointers at the top of the bluff of the Pennycuff Branch, being the corner tracts of land owned by Ollie Wilson, W. H. Peters and W. P. Little; thence North 6 ½ degrees West 6 poles; North 37 degrees West and 10 poles; North 43 degrees West 8 poles; North 46 ½ degrees West 12 poles; North48 degrees West 14 poles; North 45 degrees West 12 poles; North 52 degrees West 11 poles; North 46 degrees West 20 poles; North 56 ½ degrees West 8 poles; North 55 degrees West 10 poles; North 44 degrees West 12 poles; North 33 degrees West 10 poles to a post oak on the old Phillips Road; thence, with said line, North 3 degrees East 202 poles to a small hickory and pointers; thence South 87 degrees East, crossing Little Hurricane Creek at 20 poles, in all 128 poles to a stone marked “P. L.” and pointers on the west bank of Big Hurricane Creek; thence up said creek, South 38 ½ degrees West 18 poles, passing the mouth of Little Hurricane Creek; South 15 degrees West 12 poles; South 11 ¼ degrees East 22 poles; South 28 ½ degrees West 16 poles; South ½ degree West 12 poles; South 61 degrees East 24 poles; South 36 ¼ degrees East 12 poles; South 17 ½ degrees East 12 poles; South 34 degrees East 8 poles; South 12 degrees East 10 poles; South 10 ¼ degrees West 32 poles; South 17 ¼ degrees West 30 poles; South 7 ½ degrees East 10 poles; South 84 degrees East 19 poles to mouth of Pennycuff Branch; thence North 68 ½ degrees East 16 poles continuing up said creek, South 62 ½ degrees East 25 poles; South 16 ½ degrees West 22 poles; South 3 degrees West 12 poles; North 84 ½ degrees East 30 poles; South 38 degrees East 18 poles; South 28 degrees East 18 poles; South 4 degrees West 23 poles; South 40 degrees East 17 poles to the east line of Jeffers Entry No. 855; thence South 2 ½ degrees West, with said line, about 30 poles to a set stone and two pines and hickory pointers, this being the northwest corner of the tract purchased by Peters and Little of R. W. Ashburn; thence South 89 ½ degrees East 20 poles to a black gum on the west bank of Big Hurricane Creek at the old ford above the old G.D. Ashburn mill; thence southwardly up said creek to where the said Jeffers line crosses said creek; thence North 49 degrees West 62 poles; North 63 degrees West 14 poles; North 40 degrees West 5 poles to the top of a cliff; thence northwardly down a hollow that heads at said cliff about 40 poles to the south boundary line of the portion of this tract which the said Peters and Little purchased of C. D. Ashburn; thence North 87 ½ degrees West about 200 poles to two post oaks; thence North 2 ½ degrees East 111 poles to a stake in the West Fork Road; thence South 63 ½ degrees East 19 ½ poles with said road; thence, continuing with said road, South 77 degrees East 17 ½ poles; South 87 ½ degrees East 22 poles to a stake in the road; thence North 53 degrees East 94 poles to the beginning, totaling 778 acres. 

There is expressly excepted out of the foregoing a tract of land heretofore conveyed by J. V. Akers and Fred Akers to Edward Moretz and wife, Noble Moretz, by Deed dated May 17, 1945, and recorded in Deed Book J-3, Page 501, in the Register’s Office of Fentress County, Tennessee, to which Deed specific reference is hereby made. 

There is also expressly excepted, excluded, and reserved unto John H. Gilbert a tract of land upon which his residence is now situated and described as BEGINNING in the north margin or right of way of the Livingston Road directly across from the intersection of the Union B Road; thence westwardly with the right of way of such Livingston Road to Peters Corner; thence northeastwardly with Peters line to an iron pin; then a straight line to the point of beginning and containing two (2) acres, more or less. 

TRACT TWO: Lying and being in the Fourth Civil District of Fentress County, Tennessee, on the water of Big Hurricane Creek and described as follows: BEGINNING in the center of Big Hurricane Creek at a point marked with a cross on a boulder three or four feet in diameter, this being the southwest corner of the Brumlough Tract approximately ¾ of a mile south of the mouth of Little Hurricane Creek; thence up the center of Big Hurricane Creek approximately 600 yards to the Satterfield sater (sic) gate; thence eastwardly about 30 yards to a steel stake at the base of the cliff; thence northwestwardly with the base of the cliff to a steel stake at the base of the cliff due east from the beginning; thence westwardly approximately 30 yards to the beginning; totaling 5 acres, more or less. 

TRACT THREE: Lying and being in the Fourth Civil District of Fentress County, Tennessee, and BEGINNING on a set stone on the east bank of Hurricane Creek, and opposite the mouth of Little Hurricane Creek, and being the same corner which is also the beginning corner of a boundary line agreement, dated May 12, 1960, between Estate of Bruno Gernt, Inc. and W. L. Brumbalough; thence running eastwardly with the boundary line of lands owned by the said Estate of Bruno Gernt, Inc., being also the westerly boundary line of J. P. Brumbalough, the latter being successor in title to the said W. L. Brumalough, to the bluff of Big Hurricane Creek; thence, southwardly with said bluff to the common boundary line between the land of J. P. Brumbalough and Horace Vahn; thence westwardly with said line to the beginning; totaling 15 acres, more or less. 

TRACT FOUR: Lying and being in the Fourth Civil District of Fentress County, Tennessee, being  part of Grant No. 6402, and BEGINNING on a steel post in the west boundary line of Entry No. 855 known as the Jeffers Entry, at a point located 1,062.93 feet north from the northeast corner of the 18.5 acre tract conveyed by Estate of Bruno Gernt, Inc. to Roy and Ras Wislon by deed dated August 24, 1962 of record in Deed Book E-4, Page 419; thence North 29 degrees 51 minutes 39 seconds West 321.15 feet to a steel post; thence North 38 degrees 15 minutes 23 seconds West 644.72 feet to a steel post; thence South 15 degrees 8 minutes 42 seconds West 417.97 feet to a steel post; thence South 11 degrees 44 minutes 37 seconds East 139.94 feet to a steel post; thence South 28 degrees 17 minutes 31 seconds West 331.39 feet to a steel post; thence North 2 degrees 51 minutes 47 seconds East with a marked and painted line 1,741.08 feet to the center of Little Hurricane Creek; thence northeastwardly and southeastwardly down said Little Hurricane Creek with its various meanders approximately 3,276 feet to the north boundary line of Entry No. 855; thence, with the north boundary line of said entry, North 86 degrees 52 minutes 40 seconds West 679.11 feet to the northwest corner of said Entry No. 855; thence with the west boundary line of said entry, South 3 degrees 7 minutes 19 seconds West 3135.65 feet to the beginning, totaling 46.91 acres, more or less. 

The coal, oil and gas under this tract were reserved in the deed from the Estate of Bruno Gernt, Inc. to John Gilbert, recorded in Deed Book W-6, Page 210 in the Register’s Office for Fentress County, Tennessee.

Map Parcel Nos. 142-032.00 and 142-033.00.  

Current Owner:  Clarkrange Hunting Lodge, LLC.

The following Party(ies) may claim an interest in the property:    N/A

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

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.

Please note:  The deed of trust being foreclosed upon encumbers additional real property in Overton County, Tennessee which is also being foreclosed upon on the same date at 11:00 a.m. at the main entrance to the Overton County Courthouse.  All of the property in both counties encumbered by said deed of trust was being used as a hunting lodge.  Anyone desiring to obtain all property encumbered by said deed of trust must attend and win the bid at both auctions.  Trustee makes no representations as to right of access to any public roadway or right of way for the real property being foreclosed herein.

This sale is subject to all matters shown on any recorded plat; any and all liens, easements or setback lines, restrictive covenants, any matter that an accurate survey of the premises might disclose, 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.  Trustee will only convey any interest he may have in the property at the time of the sale.  The right is reserved to adjourn the day of the sale to another day, time, and place for the sale set forth above, without further publication, upon announcement.  Property is being sold “as is, where is.”  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 Darren W. Kennedy.  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 sale may be rescinded by the Trustee at any time.  This office is attempting to collect a debt.  Any information obtained will be used for that purpose.

This 8th day of November, 2019.

Darren W. Kennedy, 

Successor Trustee

205 S. Norris Street

Jamestown, TN 38556

931.879.8144

(11-13-20-27-3tc)