Legal Notices From Fentress Courier July 30 Edition

Not Responsible

I, April (Kumpf) Sitnik, am not responsible for any debt other than my own.

April Sitnik

(7-30;8-6-2tp)

Notice

The Fentress County Budget/Finance Committee will meet at the Finance Department at 4:30 p.m. on Thursday, July 31, 2014.

(7-30-1tc)

Notice

The Industrial Board will meet Friday, August 1, 2014, at 8:00 a.m. at Union Bank in the Boardroom. All members are encouraged to attend. The public is invited to attend.

(7-30-1tc)

Notice of failure to pay and sale or disposal of contents

Pine Crest Storage, 5909 S. York Highway, Clarkrange, TN 38553 gives notice of failure to pay and sale or disposal of contents of LORI ROSE’S leased space. Said contents shall be disposed of per the owner’s lien against LORI ROSE for failure to pay rent, which property is located in Rental Unit #16 at the 5909 S. York Highway location of Pine Crest Storage, Clarkrange, TN 38553, and that said sale or disposal shall be at 10:00 a.m. Saturday, August 2, 2014.

(7-30-1tc)

Notice of failure to pay and sale or disposal of contents

Pine Crest Storage, 5909 S. York Highway, Clarkrange, TN 38553 gives notice of failure to pay and sale or disposal of contents of TRAVIS ATKINSON’s leased space. Said contents shall be disposed of per the owner’s lien against TRAVIS ATKINSON for failure to pay rent, which property is located in Rental Unit #50 at the 5909 S. York Highway location of Pine Crest Storage, Clarkrange, TN 38553, and that said sale or disposal shall be at 10:00 a.m. Saturday, August 2, 2014.

(7-30-1tc)

LAND SALE

No. P-14-4

Jerry W. Brown, et al

vs.

The Heirs of Lucille Brown in Chancery Court, at Jamestown, Tennessee.

In the obedience to a decree of the Chancery Court at Jamestown, Tennessee made at the June Term, 2014, in the above styled case, I will on Saturday, the 23rd day of August, 2014 at 1:00 p.m., on the premises sell to the highest and best bidder the property in said decree described, lying and being in the Fifth Civil District of Fentress County, Tennessee, and described as follows: Lying and being in the Fifth Civil District of Fentress County, Tennessee, and Beginning on a tree with three hacks on the west side of Stockton Road: thence with the west side of said road South 27° 53’ East a Distance of 34.72 Feet; thence South 23° 12’ East a Distance of 196.34 Feet; thence South 19° 07’ East a Distance of 70.88 Feet; thence South 15° 07’ East a Distance of 60.09 Feet; thence South 06° 31’ East a Distance of 56.23 Feet; thence  South 06° 06’ West a Distance of 84.32 Feet; thence South 15° 20’ West a Distance of 237.72 Feet; thence South 17° 00’ West a Distance of 59.69Feet; thence South 17° 36’ West a Distance of 54.97 Feet; thence South 20° 41’ West a Distance of 90.14 Feet; thence south 26° 04’ West a Distance of 83.05 Feet; thence South 32° 05’ West a Distance of 49.34 Feet to a iron pin (new); thence leaving said road and running with the lands Billy and Kathy Stinson North 72° 55’ West a Distance of 327.13 Feet to a stone (found); thence with the lands of Burnett Properties, Inc; thence North 09° 01’East a Distance of 732.70 Feet to a stone (found) and wood post and pipe; thence South 79°06’ East a Distance of 216.91 feet to a stone (found) and large oak; thence North 11° 05’ East a Distance of 241.16 Feet to the point of beginning, and contaqining 7.32 acres, more or less. Being a portion of parcel No. 27 found on Fentress County Tax Map No. 77.

The previous and last conveyance being that General Warranty Deed from Paul Jones and wife, Myrettia Jones unto Harold Brown and wife, Lucille Brown, dated 13th day of December 1982, acknowledged December 13th, 1982, and recorded the 13th day of December, 1982, in Deed Book Z, Page Series 5 Page 620, of the Register’s Office for Fentress County, Tennessee.

TERMS OF SALE

20% down payment due day of sale. Balance due upon the Court’s confirmation of the sale. Announcements made day of sale take precedence over all previous announcements or advertised material.

This 30th day of July, 2014.

  Kathryn R. Taylor

             Clerk & Master

                 Doug Jones, Attorney

            Thomas H. Potter, Attorney

(7-30;8-6-13-2tc)

LAND SALE

No. 14-08

Jerry W. Brown, et al

vs.

 The Heirs of Harold Eugene Brown

in Chancery Court, at Jamestown, Tennessee.

In obedience to a decree of the Chancery Court at Jamestown, Tennessee, made at the June term, 2014, in the above styled case, I will on Saturday, the 23rd day of August, 2014, at 10:00 a.m., on the premises sell to the highest and best bidder the property in said decree described, lying and being in the Second Civil District of Fentress County, Tennessee, and described as follows: Situated in the Second Civil District of Fentress County, Tennessee, and roughly 9.26 miles from the Courthouse in Jamestown, Tennessee, by way of U.S. Highway 127 North to  Doubletop Road about 75/100 of a mile to a roadway leading northwardly toward the  Iva Stephens Back Creek Tract and beginning on Willis Creselious’ chestnut oak corner; thence westwardly with the Matilda Evans line, down the mountain to the bench of the mountain, to a haul road; (a stone) leading from Matilda Evans’ field to L.E. Claborn’s field; thence with the haul road to the Hail rock house hollow, a dogwood; thence eastwardly up the hollow to a chestnut oak and sourwood; thence northeast 10 poles to the bluff to a dogwood and sassafras; thence to the top of the bluff to a small hickory; thence with the bluff 18 poles to a chestnut oak, in the hollow; thence with the conditional line to a water oak and sourwood, at the Cravens haul road; thence south with the said road to the beginning, containing 50 acres, more or less.

Said land is further described as being bound on the east and south by the lands of Knox and Guy Duncan; on the west by Worldwide Purchasing, Inc; and on the north by Iva Stephens Tract,  and further identified as Parcel 13.01 on Map 22, as filed in the Tax Assessor’s office of Fentress County, Tennessee.

TERMS OF SALE

20% down payment due day of sale. Balance due upon the Court’s confirmation of the sale. Announcements made day of sale take precedence over all previous announcements or advertised material.

This 30th day of July, 2014.

Kathryn R. Taylor

Clerk & Master

                        Doug Jones, Attorney

               Thomas H. Potter, Attorney

(7-30; 8-6-13-2tc)

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 January 16, 2009, and the Deed of Trust of even date securing the same, recorded January 23, 2009, at Book 152, Page 370 in Office of the Register of Deeds for Fentress County, Tennessee, executed by Jeffery A. Harvey and Ashley Harvey, conveying certain property therein described to Bryant C. Dunaway as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Southpoint Financial Services, Inc., its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.

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 will, on September 18, 2014 on or about 3:00 P.M., 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:

Located in the First Civil District of Fentress County, Tennessee, described as follows: Beginning on a wood post and iron pin (new) on the east side of McGhee Street said point being the southwest corner of lot in Wallace, Taylor, Wallace Subdivision; thence leaving said McGhee street and running with the south side of said subdivision and a fence, South 81 degrees 47 minutes East 193.50 feet to a new iron pin; thence South 81 degrees 33 minutes East 351.50 feet to a new iron pin; thence with the lands of Matthew Bennett, South 04 degrees 30 minutes West 213.39 feet to a new iron pin; thence leaving the lands of Matthew Bennett and running North 84 degrees 52 minutes West 361.43 feet to a new iron pin; thence North 82 degrees 21 minutes West 157.67 feet to a new iron pin on the east side of McGhee Street; thence with the east side of said McGhee Street, North 01 degrees 31 East 13.99 feet to a PK nail; thence North 02 degrees 58 minutes East 73.33 feet to a point; thence still with said street, North 04 degrees 14 minutes West 99.90 feet, North 03 degrees 19 minutes West 51.93 to the point of beginning containing 2.76 acres; being a part of Parcel No. 29 on Tax Map No. 63-K, Group A and all or Parcel No. 29.02 on Tax Map No. 63-K, Group A.L

NOTE:  The legal description has been revised in accordance with an Attorney’s Affidavit recorded May 5, 2014 at Book 225 Page 954.

ALSO KNOWN AS:  610 McGhee Street, Jamestown, Tennessee 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:  Jeffery A. Harvey; Ashley Harvey

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.  W&A No. 1119 244888

Wilson and Associates ,P.L.L.C.,

Successor Trustee

(7-30, 8-6, 8-13 3tc)

INVITATION TO BID

Fentress County Government is accepting bids for a bus for the Senior Citizens Center.  For bid specs, please contact Marsha Delk at the Fentress County Finance Department at 931-752-8971.  Send all bids in a sealed envelope clearly marked “Senior Center Bus Bid” to Fentress County Finance Department, P.O. Box 800, 103A Smith Street South, Jamestown, TN  38556.  Bids must be into the Finance Department by 11:00 a.m. central time on Tuesday, August 12, 2014, at which time and place they will be opened.

Fentress County Government does not discriminate on the basis of sex, race, national origin, creed, age, marital status, or disability as required by Title VI and VII of the Civil Rights Act of 1964.

(7-30;8-6-2tc)

IN THE Juvenile COURT FOR FENTRESS COUNTY, TENNESSEE

James C. Green and

Judy Green,

Petitioners

vs

Deborah Marie Lee and

Finley McGhee,

Respondents

IN RE:

Zachery Lee, d/o/b 01/22/2003

Finley McGhee, d/o/b 11/20/2003

CASE NO. 3123

ORDER OF PUBLICATION

To the Respondent Deborah Marie Lee:

In the above-captioned case, it appears that the Respondent, Deborah Marie Lee is not to be found. Therefore you are hereby ordered to appear and defend the above captioned cause which involves custody of minor children on the 28th day of August, 2014 at 9 a.m. central time in the Courthouse in Jamestown, Tennessee, or the petition will be taken as confessed and judgment entered against you for the relief requested. This 25th day of July, 2014.

Tammy Smith

Circuit Court Clerk

(7-30;8-6-13-20-4tc)

NOTICE OF SALE

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Timmy Modglin and wife, Connie Modglin unto William J. Campbell, as Trustee, recorded July 24, 2001 in Record Book 16, Page 358 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated July 19, 2001, payable by Timmy Modglin and wife, Connie Modglin to the Union Bank of Jamestown, Tennessee; and

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Timmy Modglin and wife, Connie Modglin unto William J. Campbell, as Trustee, recorded May 22, 2002 in Record Book 29, Page 299 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated May 20, 2002, payable by Timmy Modglin and wife, Connie Modglin to the Union Bank of Jamestown, Tennessee; and

WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Tim Lee Modglin aka Timmy Modglin and wife, Connie Modglin unto William J. Campbell, as Trustee, recorded April 20, 2007 in Record Book 119, Page 622 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated April 13, 2007, payable by Tim Lee Modglin aka Timmy Modglin and wife, Connie Modglin to the Union Bank of Jamestown, Tennessee; and

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 p.m on Friday, August 22, 2014, 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 follows:

TRACT ONE: 1.00 acres, Record Book 119, Page 619

TRACT TWO: 4.08 acres, Record Book E-7, Page 615.

PROPERTY ADDRESS: 1582 Press Beaty Road, Jamestown, TN

TAX MAP 122, Parcel 7.03 and 8.07

(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 Cumberland County Register’s Office by the taxing authorities.

SUBORDINATE LIENHOLDERS: NA

OTHER INTERESTED PARTIES: NA

Buyers shall be responsible for paying the 2014, 2013, 2012 real property taxes.

Doug Jones

Substitute Trustee

(7-30;8-6-13-3tc)

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on September 11, 2014 at 10:00AM local time, at the east door, Fentress County Courthouse, 101 Main Street, Jamestown, Tennessee, pursuant to Deed of Trust executed by Kellie Rascoe, to W. Kent Jones, Trustee, on April 14, 2008 at Book 139, Page 434; all of record in the Fentress County Register’s Office.

Party entitled to enforce security interest: Bank of America, N.A., its successors and assigns

The following real estate located in Fentress County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

LYING and BEING in the FOURTH Civil District of Fentress County, Tennessee, bounded and described as follows:

Being Lot No. 63 of the Clarkrange West Subdivision, Phase V, the plat of which is recorded in Plat Book 3, page 128, in the Register’s Office of Fentress County, Tennessee.

Street Address: 805 Wallace Way, Grimsley, Tennessee 38565

Parcel Number: 133-030.45

Current Owner(s) of Property: Kellie Rascoe

Other interested parties: Capital One Auto Finance Inc. Auto Deficiency c/o Finkelstein, Kern, Steinberg & Cunningham, Attorneys

The street address of the above described property is believed to be 805 Wallace Way, Grimsley, Tennessee 38565, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

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

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

If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Kirsch, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.

Shapiro & Kirsch, LLP Substitute Trustee

Law Office of Shapiro & Kirsch, LLP

555 Perkins Road Extended, Second Floor

Memphis, TN 38117

Phone (901)767-5566

Fax (901)761-5690

www.kirschattorneys.com

File No. 12-042550

(7-16-23-30-3tc)