Legal Notices From Fentress Courier January 1 Edition

NOTICE OF SUCCESSOR TRUSTEE’S SALE

Notice is hereby given that default has been made in the payment of an indebtedness secured by a trust deed that was executed on April 18, 2007 by Mark A. McKay and wife, Kareen M. McKay to Phillips M. Smalling, Trustee. The deed of trust secured an indebtedness owed to Wilder Mountain, LLC. in Book 121, page 111, et. seq., Register’s Office, Fentress County, Tennessee.

The above mentioned deed of trust was assigned to Accelerated Assets, LLC in Book 147, page 96, Register’s Office, Fentress County, Tennessee.

James E. Thompson was appointed as Successor Trustee which is of record in Book 217, page 264, Register’s Office, Fentress County, Tennessee.

Notice is hereby given that on January 14, 2014, at the hour of 10:00 o’clock A.M., C.S.T. at the front entrance of the Fentress County Courthouse in Jamestown, Tennessee, the undersigned, as Successor Trustee pursuant to a deed of trust executed by Mark A. McKay and wife, Kareen M. McKay, by reason of default in the payment of the obligation secured by said deed of trust and the performance of the covenants therein contained, and at the express direction of the true and lawful holder and owner of said promissory note secured by said deed of trust, will sell, at public auction, to the highest bidder for cash, or credit upon the indebtedness secured, at the option of the holder of the secured indebtedness if the holder is the successful bidder, the interest conveyed to said Successor Trustee by virtue of said deed of trust, and the property herein described as follows, to-wit:

Lying and being in the 4th Civil District of Fentress County, Tennessee, bounded and described as follows:

Being Lot #96 of Wilder Mountain, Phase 3, being a development of J.J. Detweiler Enterprises, Inc., and being depicted on a survey plat prepared by Christopher M. Vick, RLS #2164, and being of record in Plat Book P5, page 29, of the Register’s Records for Fentress County, Tennessee, to which reference is here made for a complete description of the property.

Easement:

Subject to a reservation of an easement over the above described tract along the path of any existing road as depicted on the master subdivision/development plat referenced above in a total width of twenty-five (25) feet from the centerline of the road.  The easement is permanent and is for the purpose of ingress and egress to the above tract as well as all other adjoining or contiguous tracts in the development known as Wilder Mountain Development.  The easement is also for the purpose of underground utilities at the discretion of the Developer.  The described easement attaches to and runs with the land and may be assignable in the event of dedication for roads as described in the applicable restrictive covenants.

Utility Easement:

Subject to a reservation of a permanent utility easement of ten (10) feet running parallel to the adjoining road right of way line of each lot or tract that is depicted on the master subdivision/development plat and as described above.  The utility easement may be for use for water lines, natural gas lines, overhead or underground electric or related utilities.  In addition to the permanent easement an additional five (5) feet beyond the permanent utility easement is reserved as a temporary construction and maintenance easement for said utilities.  The total width of permanent and temporary easements is fifteen (15) feet from the right of way line of the road that adjoins each lot or tract with said easements running parallel to that road right of way line.  These described permanent and temporary easements shall attach to and run with the land.  The easement shall include the right to enter on the lands of Grantee at the location of the easement for initial construction of utilities as well as maintenance and repair of utilities by both private and public utility companies, if applicable.

It is also subject to the Declaration of Protective Covenants, roads and common Lands for “Wilder Mountain, Phase III” which has been placed of record in the Register’s Office for Fentress County, Tennessee, in Book 83, pages 23-30.

Being the same property conveyed to Mark A. McKay and wife, Kereen M. McKay by virtue of a deed from Wilder Mountain, LLC, of record in Book 121, page108, Register’s Office, Fentress County, Tennessee.

The subject property has the address of Lot #96, Parkstown Road, Wilder, TN 38589.

Parcel Number:  Map 111-077.00

Current Owner: Mark A. McKay and wife, Kereen M. McKay

Other interested parties are:

Fentress County Trustee; A1 Ledges Wilder, LLC;  tenants in possession

This sale will be made in bar of the equity and right of redemption without warranty as to title or encumbrances for the purpose of paying the debt obligation secured by said deed of trust.  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.

In the event the high bidder at the foreclosure sale should fail to comply with the submitted bid, the Successor Trustee shall have the option to accept the next highest bid in which the bidder is able to comply or to re-advertise and sell at a later date.

Pursuant to Tennessee Code Annotated 35-5-104, as of the date of this Notice, there were no unreleased tax liens filed by the United States of America with respect to which the provisions of 26 U.S.C. 7425(b) require notice to be given to the United States of America in order for the sale of the land thus advertised not to be subject to such lien or claim of lien of the United States of America or filed by the State of Tennessee with respect to which the provisions of Tennessee Code Annotated 67-1-1433(b)(1) require notice to be given to the State of Tennessee in order for the sale of the land thus advertised not to be subject to such lien or claim of lien of the State of Tennessee, against Mark A. McKay and wife, Kareen M. McKay in the Register’s Office of Fentress County, Tennessee.

The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with the law, upon announcement on the day and at the time and place of sale as set forth above.

Proceeds of said sale will be applied in accordance with the provision of the aforementioned deed of trust, including attorneys fees; then to all indebtedness remaining unpaid and secured thereby, including all indebtedness owing to Accelerated Assets, LLC; and then the balance, if any, shall be paid to those legally entitled thereto.

This may be an attempt to collect a debt and any information and any information obtained may be used for that purpose.

James E. Thompson,

Successor Trustee

140 Woodmere Mall

Crossville, TN 38555

931-484-4533

(12-25; 1-1-8-3tc)

 

NOTICE

The Fentress County Anti-Drug Coalition will meet on Friday, January 10, 2014 at Noon.  Location is Fentress County Courthouse!  Everyone welcome and encouraged to attend.

(1-1-8-2tc)

 

NOTICE TO CREDITORS

Docket No. P-13-54

Estate of Lona Sewell, Late of Fentress County, Tennessee.

Notice is Hereby Given that on the 17th day of December, 2013, Letters of Administration, in respect to the Estate of Lona Sewell, deceased, were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his (or her) Estate are required to file the same in triplicate with the Clerk and Master of the above named Court within: (1)(A) four (4) months from the date of the first publication or posting of the public notice if the creditor received an actual copy of such notice at least 60 days before the date that is four months from the date of the first publication or posting; or (B) 60 days from the date the creditor received an actual copy of this notice, if the creditor received the copy of the notice less than 60 days prior to the date that is four months from the date of first publication or posting as described in (1)(A); or (2) twelve (12) months from the decedent’s date of death; otherwise their claim will be forever barred.

All persons indebted to the above Estate must come forward and make proper settlement with the undersigned at once.

This 17th day of December, 2013.

James P. Romer

Diana K. Brown

Co-Administrators

Estate of Deceased

Lona Sewell

P.O. Box 797

Jamestown, TN 38556

Kathryn R. Taylor

Clerk & Master

P.O. Box 66

Jamestown, TN 38556

James P. Romer

Attorney for Estate

(12-25; 1-1-2tp)

 

NOTICE OF PUBLIC HEARING

A public hearing will be held on Monday, January 6, 2014 at 5:30 p.m. at the Allardt City Hall in Allardt, Tennessee.  The purpose of said meeting is to discuss the possibility of applying for a Community Development Block Grant through the Tennessee Department of Economic and Community Development.  The hearing is open to the public and active participation is highly encouraged.  No person in the United States should, on the grounds of race, religion, color, or national origin be  excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance.  If special need accommodations are required, you may contact the Allardt City Hall at 931-879-7125.

Phillip Gernt

Mayor

(12-18-25; 1-1-3tc)

 

NOTICE

KEISHA MARIE SHARP

DALE ROBERTSON SELLS

The State of Tennessee, Department of Children’s Services, has filed a petition against you seeking to terminate forever your parental rights to Makyah Akillies Dale Sells.  It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown.  You are hereby ORDERED to serve upon M. Anne Austin, Attorney for the Tennessee Department of Children Services, 1300 Salem Road, Cookeville, Tennessee 38506, (931) 646-3013, an Answer to the Petition for Termination of Parental Rights filed by the Tennessee Department of Children Services, within thirty (30) days of the last day of publication of this notice and pursuant to Rule 39(e)(1) of the Tenn. R. Juv. P. you must also appear in the Juvenile Court of Fentress County, Tennessee at Jamestown, Tennessee on the 10th day of February, 2013, at 9:00 A.M. for the Adjudicatory Hearing on the Petition for Termination of Parental Rights filed by the State of Tennessee, Department of Children’s Services.  If you fail to do so, a default judgment will be taken against you pursuant to Tenn. Code Ann. § 36-1-117(n) and Rule 55 of the Tenn. R. of Civ. P. for the relief demanded in the Petition.  You may view and obtain a copy of the Petition and any other subsequently filed legal documents at the Fentress County Juvenile Court Clerk’s Office, P. O. Box 699, Jamestown, TN 38556-0699, 931-879-7919.

(12-11-18-25; 1-1-4tc)

 

FORECLOSURE SALE

Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated January 11, 2000, executed by Cornita J. Upchurch and Phillip J. Upchurch, husband and wife, recorded in Book TDE7, Page 592, Register’s Office for Fentress County, Tennessee, and wherein the said Cornita J. Upchurch and Phillip J. Upchurch, husband and wife conveyed the property therein described to Real Estate Loan Services, Trustee, to secure the indebtedness therein described, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and note, and payment not having been made as demanded; and the undersigned, Joel E. Jordan, of 3326 Aspen Grove Drive #604, Franklin, Tennessee 37067, having been appointed as Substitute Trustee in the place and stead of Real Estate Loan Services, Trustee, said appointment being set forth in the Register’s Office for Fentress County, Tennessee, notice is hereby given that I, Joel E. Jordan, Substitute Trustee, having been requested so to do by the lawful owner of said indebtedness, will on Friday, January 17, 2014, at 12:00 Noon at the Main entrance of the Fentress County Courthouse, Jamestown, Tennessee, sell at public outcry to the highest and best bidder for cash, free from equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real estate in Fentress County, Tennessee:

Lying and being in the Second Civil District of Fentress County, Tennessee, and northwardly from the Courthouse in Jamestown, Tennessee by way of U.S. Highway 127 north, passing the Greer Chapel Church to the Old Forbus Road, thence southwardly on the Old Forbus Road to the Upchurch Loop Road; thence westwardly on the Upchurch Loop Road to a roadway leading northwardly to the Sells tract and which road also leads westwardly along the 6.1 acre tract described in the Deed from Bruce Upchurch and wife, Louise Upchurch to Phillip Upchurch and wife, Cornita Upchurch, recorded in Deed Book F-8, Page 83, and beginning at an iron pipe and rock, the southwest corner of said 6.1 acre tract and running thence with the west line of said tract, North 08 deg. 23’ East 508.95 feet to a stake in the line of the Sells tract; thence with the Vannie Sells south line, South 69 deg. 05’ East 257.00 feet to a stake; thence South approximately 08 deg. 23’ West approximately 480 feet to a stake in the south line of the 6.1 acre tract; thence North 76 deg. 22’ West approximately 257 feet to the beginning corner, and containing 3 acres, more or less, and being the westernmost portion of that 6.1 acre tract.

Being a portion of the same property conveyed to Phillip Upchurch and wife, Cornita Upchurch, by General Warranty Deed from Bruce Upchurch and wife, Louise Upchurch, dated September 21, 1999, and recorded September 21, 1999, of record in Deed Book F-8, Page 83, Register’s Office for Fentress County, Tennessee.

Included in this conveyance is a 2000 Champion mobile home, Serial #210020105161AB.

This is improved property known as 1096 Upchurch Loop, Pall Mall, Tennessee 38556.

The 2013 taxes are currently due and payable.  The 2012, 2011 & 2010 taxes are currently past due and delinquent.

The following person(s) or entity(ies) hold a Deed of Trust, lien or other encumbrance on the above described property:

Peoples Bank & Trust Company of Pickett County, Deed of Trust, Book 35, Page 225

Peoples Bank & Trust Company of Pickett County, Deed of Trust, Book 127, Page 420

American General Financial Services, Inc., Judgment Lien, Book 131, Page 837

Potters Shopping Center, Judgment Lien, Book 173, Page 480

Said sale is subject to any and all unpaid taxes and any other prior claims, liens, easements, set back lines and restrictions.

THE RIGHT IS RESERVED TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE.  THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.

IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

THE NOTICE OF RIGHT TO FORECLOSE HAS BEEN SENT AS REQUIRED BY T.C.A. §35-5-117.

THIS IS A LAW FIRM ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE

JOEL E. JORDAN

Substitute Trustee

STELTEMEIER & WESTBROOK, PLLC

3326 Aspen Grove Drive, #604

Franklin, Tennessee 37067

(12-25; 1-1-8-3tc)

 

NOTICE

The Fentress Courier reserves the right to edit or reject any advertising materials.

(8-1-tfc)