Legal Notices From Fentress Courier November 27 Edition



NOTICE

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

(8-1-tfc)

NOTICE

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on December 17, 2013 at 12:00PM local time, at the east door, Fentress County Courthouse, Jamestown, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Edward G. Simpson and Melissa G. Simpson, husband and wife, to Larry A. Weissman, Trustee, on July 25, 2008 at Book 145, Page 312; all of record in the Fentress County Register’s Office.

Party entitled to enforce security interest: JPMorgan Chase Bank, National Association, 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:

Described property located in Fentress County, Tennessee, and being more particularly described in deed of record in Book 145, Page 312; in the Register’s Office of Fentress County, Tennessee

Parcel Number: 134P-A-015.00

Current Owner(s) of Property: Edward G. Simpson and Melissa G. Simpson, husband and wife

The street address of the above described property is believed to be 189 Clark Subdivision Road, Clarkrange, Tennessee 38553, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description 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. 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 This sale may be rescinded at any time.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

HYPERLINK “http://www.kirschattorneys.com” www.kirschattorneys.com

Law Office of Shapiro & Kirsch, LLP

555 Perkins Road Extended, Second Floor

Memphis, TN 38117

Phone (901)767-5566

Fax (901)761-5690

File No. 13-052470

(11-20-27; 12-4-3tc)

 

INVITATION TO BID

Fentress County Government is accepting bids for e-mail and network infrastructure.  Bid specs can be obtained from the Fentress County Finance Department, 103 A Smith Street South, P.O. Box 800, Jamestown, TN  38556.  Bids must be submitted to the Finance Department in a sealed envelope marked “e-mail and network infrastructure bid” by Wednesday, December 4, 2013 at 11:00 a.m. at which time and place all bids will be opened.  Fentress County reserves the right to accept or reject any and all bids.

It is the policy of Fentress County Government to ensure compliance with title VI of the Civil Rights Act of 1964; 49CFR, Part 26; related statues and regulations to the end that no person shall be excluded from participation in or be denied the benefits of; or be subjected to discrimination under any program or activity on the grounds of race, color, sex, or national origin.  Any person who believes he or she has been discriminated against should contact Fentress County Government, Office of County Executive, Vickie Reagan, Title VI Coordinator, 101 Main Street, Jamestown, TN  38556, 931-879-7713.

(11-20-27-2tc)

 

NOTICE OF SUBSTITUTE 

TRUSTEE’S SALE 

TENNESSEE, FENTRESS COUNTY 

DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Tyler Stephens and Brittany M. Stephens to Andrew C. Rambo, Trustee dated May 24, 2012 in the amount of $56,122.00, and recorded in the Register’s Office of Fentress County, Tennessee in Deed Book 199, Page 898-913, (“Deed of Trust”); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association by assignment; and, JPMorgan Chase Bank, National Association, as the current holder of said Deed of Trust (the “Holder”), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register’s Office of Fentress County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, December 19, 2013 commencing at 12pm at the front door of Fentress County Courthouse; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit:

Lying and being in the Third Civil District of Fentress County, Tennessee and approximately 16 miles West of Jamestown, Tennessee by way of Tennessee State Highway 52 and Riverton Road being a part of the John H. Compton homeplace and beginning at a steel stake in the Northwest corner of the Clarence Garrett and wife, Sharon Garrett lot and running thence South 66 degrees West 126 feet with the Government -Dale Hollow Lake property line; thence South 34 degrees East 135 feet to a steel pin; thence North 71 degrees East 132 ½ feet to a steel pin, the Southwest corner of the aforesaid Garrett Tract; thence North 34 degrees West with the West line of said Clarence Garrett lot 154 feet to the beginning and containing 42/100 of an acre, more or less Being the same property conveyed in that General Warranty Deed from Winford Garrett unto Edwin Conaster and wife, Linda Conaster, dated April 1, 1988, acknowledged April 1, 1988, and recorded April 4, 1988, in Deed Book P-6, Page 116, of the Registers Office for Fentress County, Tennessee. The previous and last conveyance being that General Warranty Deed from Edwin Conaster and wife, Linda Conaster unto Tyler Stephens, dated May 24, 2012, acknowledged May 24, 2012, and recorded May 25, 2012 in Record Book 199, Page 896, of the Registers Office for Fentress County, Tennessee. Parcel Id No.: 050-001.05 Map & Parcel No.: 050-001.05

PROPERTY ADDRESS: 766 Compton Bottom Drive, Jamestown, Tennessee 38556

CURRENT OWNER(S): Tyler Stephens

SUBORDINATE LEINHOLDERS: N/A

OTHER INTERESTED PARTIES: N/A

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, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and 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. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right 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.

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

McCurdy & Candler TN, LLC

3525 Piedmont Road NE,

Six Piedmont Center, Suite 700

Atlanta, GA 30305

(404) 373-1612

www.mccurdycandler.com

File No. 13-05253 /CONV

Ad # 63347

(11-20-27; 12-4-3tc)

 

PROBATE AND FAMILY COURT OF FENTRESS COUNTY, TN

NOTICE TO CREDITORS

Estate of Betty Jean Brooks Wright, Deceased

Cause No. P-13-50

Notice is hereby given that on the 18th day of November, 2013, Letters Testimentary in respect to the estate of BETTY JEAN BROOKS WRIGHT, Deceased, who died September 12th, 2013, were issued to the undersigned by the Probate Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or not, against the estate are required to file the same with the clerk 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);

(b.) Sixty (60) days from the date the creditor received an actual copy of this 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 the 18th day of November, 2013.

David Wright

Derek Wright

Co-Personal Representatives

Kathryn R. Taylor

Clerk & Master

Doug Jones

Attorney

BPR#022868

(11-20-27-2tp)

 

SUBSTITUTE TRUSTEE’S SALE 

WHEREAS, default having been made in the payment of the debts and obligations secured by a Deed of Trust executed on May 3, 2007, by KEITH E. REAGAN JR. AND BELINDA REAGAN, HUSBAND AND WIFE to Volunteer Title & Escrow, Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc., solely as nominee for M&T Bank and appearing of record in Register’s Office of Fentress County, Tennessee, in Book 120, Page 468 ; and

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Federal National Mortgage Association (“FNMA”) and

WHEREAS, Federal National Mortgage Association (“FNMA”), as the holder of the Note for which debt is owed, (“Note Holder”), appointed the undersigned, Priority Trustee Services of TN, LLC, as Substitute Trustee by instrument filed or to be filed for record in the Register’s Office of Fentress County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and

WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117, not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required; and

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Note Holder, and that the undersigned, Priority Trustee Services of TN, LLC, Substitute Trustee, or its duly appointed attorneys or agents, by virtue of the power and authority vested in it, will on Thursday, December 12, 2013, commencing at 1:00 PM At the Fentress County Courthouse, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Fentress County, Tennessee, to wit:

In the FIRST CIVIL DISTRICT of FENTRESS County, Tennessee, and more particularly described as follows:  Lying and being in the First Civil District of Fentress County, Tennessee, and being Lot No. 9 of the Patton Heights Subdivision, a plat of which is recorded in Plat Book 1, Page 10, in the Register’s Office of Fentress County, Tennessee, and to which plat and recordation thereof reference is hereby made, the same as if copied herein  Being the same property conveyed to Keith Reagan Jr by virtue of a Warranty Deed from Wendy Stowers, dated May 3, 2007 of record in Book 120, page 466, Register’s Office, Fentress County, Tennessee.

PROPERTY ADDRESS: 411 Patton Heights Cir, Jamestown, TN 38556,

CURRENT OWNER(S): Keith E. Reagan Jr.

The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose.  Substitute Trustee will only convey any interest he/she may have in the property at the time of sale.  Property is sold “as is, where is.” For every lien or claim of lien of the state identified above, please be advised notice required by § 67-1-1433 (b)(1) was timely given and that any sale of the property herein referenced will be subject to the right of the state to redeem the land as provided for in § 67-1-1433(c)(1).  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 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.

Priority Trustee Services of TN, LLC

1587 Northeast Expressway

Atlanta, GA 30329

404-417-4040

Web Site:  HYPERLINK “http://www.rcolegal.com” www.rcolegal.com

TS#: 83512

FEI # 2013.00031

(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 July 16, 2010, and the Deed of Trust of even date securing the same, recorded July 23, 2010, at Book 175, Page 578 in Office of the Register of Deeds for Fentress County, Tennessee, executed by Maxine Clark, conveying certain property therein described to Arnold M. Weiss, Esq. as Trustee for Wells Fargo Bank, N.A.; 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 January 16, 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:

The land referred to herein below is situated in the County of Fentress, State of Tennessee, and is described as follows: Beginning on a half inch iron pin and cap set this Survey in the Southern right of way, E. Wright Avenue, the Northeast Corner of Garrett, Deed Book B7, at Page 601. Thence with said right of way, South 79 degrees 50 minutes 27 seconds East, a distance of 134.24 feet to a concrete right of way marker found at the intersection with the Western right of way of Rugby Avenue. Thence with said right of way, South 00 degrees, 50 minutes, 16 seconds East, a distance of 125.28 feet to a half inch iron and cap set this Survey the Northeast corner of a Tract conveyed to Sherillyn Wheeler and shown on Drawing Number 4810-01. Thence with the North line of Wheeler, North 83 degrees 08 minutes 35 seconds West, distance of 73.41 feet to a half inch iron pin and cap set this Survey. Thence South 52 degrees 02 minutes 26 seconds West, a distance of 20.53 feet to a half inch iron pin and cap set this Survey. Thence North 86 degrees 09 minutes 32 seconds West, Crossing the driveway, a distance of 23.98 feet to a half inch iron pin and cap set this Survey the Northeast corner of Hancock, Deed Book 145, at Page 444. Thence North 86 degrees 09 minutes 32 seconds West, a distance of 50.10 feet to a half inch iron pin and cap set this Survey the Northwest corner of Hancock. Thence North 11 degrees 35 minutes 30 seconds East, a distance of 35.50 feet to a metal pipe found in the East line of Garrett, Deed Book B7, at Page 601. Thence North 10 degrees 57 minutes 07 seconds East, a distance of 115.17 feet to the point of beginning containing 0.46 acres, more or less. As Surveyed by Timothy L. Goad, R. L. S. Number 1748 on June 28, 2010. Bearings are based on a magnetic North reading taken on the property. This Parcel is subject to any right of ways, easements, and or restrictions that may affect this survey.

ALSO KNOWN AS:  241 Rugby Avenue, 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:  Maxine Clark; Secretary of Housing & Urban Development

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. 1286‑241115

DATED November 19, 2013

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

Successor Trustee

(11-27; 12-4-11-3tc)

 

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 William J. Campbell, as Trustee, recorded June 9, 2009 in Record Book 159, Page 214 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated June 2, 2009, 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.

WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Notice of Sale.

THEREFORE, notice is hereby given that pursuant to the power of sale contained in said Deed of Trust, and in accordance with the Statutes made and provided therefore, the said Deed of Trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the East door of the Fentress County Courthouse in the City of Jamestown, in Fentress County, Tennessee at 10:30 a.m. on Thursday, December 12, 2013, 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:

Lying and being in the First Civil District of Fentress County, Tennessee, and beginning at an iron pipe (old) in the northern edge of the right of way of Hill Road; thence leaving said right of way North 19° 08’ East 122.73 feet to an iron pipe (old); thence South 74° 53’ East 167.70 feet to an iron pin (new); thence South 42° 02’ West 192.57 feet to an iron pin (new) in the northern edge of the right of way of Hill Road; thence with said right of way the following three (3) calls and distances: North 48° 06’ West 22.73 feet; North 44° 46’ 40.75 feet; North 45° 55’ West 38.38 feet to the point of beginning, containing 0.46 acres, more or less, as surveyed by Rodney W. Foy, TRLS No. 730, and depicted on Drawing No. 5060-A, a copy of which is attached.

SUBJECT to that Deed Establishing a Boundary between Donna Brooks, Kay F. Crabtree, Glenna R. Crabtree, and Patricia L. Officer, dated September 9, 1995, acknowledged September 9, 1995, and recorded September 12, 1995, in Deed Book Q-7, Page 124, of the Register’s Office for Fentress County, Tennessee

The previous and last conveyance being the Deed of Correction from Gene Owens and wife, Janice Owens, unto Chris Owens and wife, Michelle R. Owens dated February 22, 2008, acknowledged February 22, 2008, and recorded  February 25, 2008, in Book 136, page 485, of the Register’s Office for Fentress County, Tennessee.

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 of the above sale.

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:  (1)  International Portfolio, Inc.

Buyers shall be responsible for paying the 2013 and 2010 real property taxes.

William J. Campbell

Trustee

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

 

NOTICE OF TRUSTEE’S SALE OF REAL ESTATE 

WHEREAS, on the 30th day of August, 2006, NICHOL CREEK FARMS, LLC, JEDD, LLC, HUNTER’S RIDGE, LLC, AND FLAT ROCK, LLC 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 105, Page 614, recorded on August 30, 2006, and to which Deed of Trust reference is hereby made; and

WHEREAS, on the 29th day of December, 2006, JEDD, LLC 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 113, Page 202, recorded on December 29, 2006, 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 Friday, the 20th day of December, 2013; 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 or municipal taxes due on the property through the year 2013 and the purchaser at this sale shall be responsible for taxes for 2014 and 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, to wit:

All that tract or parcel of land containing 1508.86 acres, more or less, conveyed by Taubert Enterprises, Inc. to Bowater Incorporated by deed dated October 5, 1998, recorded in Deed Book B-8, Page 546, in the Office of the Register of Deeds for Fentress County, Tennessee and being more fully shown and described on a plat of survey for Taubert Enterprises, Inc. made by Rodney Foy, RLS No. 730, dated March 26, 1997 and revised October 27, 1997 of record in Plat Book 3, Page 120 in the Register’s Office of Fentress County, Tennessee, which plat is incorporated into this description by reference thereto and to which plat reference is hereby made for a complete and accurate description of said land.

See also Affidavit and Notice of Merger and Ownership recorded in Deed Book A-7, Page 426, in the Office of the Register of Deeds for Fentress County, Tennessee.

The above described property is being sold by the tract or boundary and not by the acre.

This conveyance is Subject to all existing easements and rights of way for public roads and highways and public utilities, if any, extending into, through, over, or across the above described property.

Previous and last conveyance being a Warranty Deed from BOWATER INCORPORATED to JEDD, LLC, recorded on August 30, 2006, in Deed Book 105, Page 602, in the Register’s Office of Fentress County, Tennessee.

Map 62, Parcel 27.00

EXCLUDED from the above described parcel is a 46.09 acre tract of land more particularly described as follows (Vista Pointe at Island in the Sky Phase I, recorded in Plat Book 6, Page 6, is a portion of this):

Lying and being in the First Civil District of Fentress County, Tennessee, and located roughly 2 miles west of the Courthouse in Jamestown, Tennessee by way of Gouldstown Road, and more particularly beginning about 3,900 feet from the junction of Hamilton Field Road with Gouldstown Road, at an (old) iron pin along the north side of the extension of Gouldstown Road, being the southwest corner of the Joey Vaughn Tract (Map 62, Parcel 27.07, Tax Assessor’s Office of Fentress County, Tennessee, and Book 11, Page 242, Register’s Office of Fentress County, Tennessee). Thence along the northern side of the extension of Gouldstown Road south 81 degrees 04 minutes west 193.96 feet, south 85 degrees 16 minutes west 294.00 feet, south 83 degrees 58 minutes west 136.68 feet, south 80 degrees 03 minutes west 114.44 feet, south 63 degrees 27 minutes west 207.08 feet, south 58 degrees 09 minutes west 383.36 feet, south 57 degrees 18 minutes west 156.25 feet, south 61 degrees 11 minutes west 263.15 feet, south 45 degrees 46 minutes west 303.23 feet, south 42 degrees 45 minutes west 89.58 feet, and south 43 degrees 28 minutes west 123.04 feet to a new iron pin, thence following along a hollow and a new boundary with JEDD, LLC north 36 degrees 11 minutes west 124.75 feet to a PVC post, north 22 degrees 43 minutes west 72.15 feet to a PVC post, north 28 degrees 38 minutes west 75.55 feet to a PVC post, north 20 degrees 43 minutes west 56.45 feet to a PVC post, north 45 degrees 10 minutes west 169.58 feet to a new iron pin, and north 09 degrees 40 minutes west 96.48 feet to a new iron pin. Thence from said new iron pin and following along the top of the bluff (and along the line with Dwight Taubert, as shown on Map 062, Parcel 006.00, Tax Assessor’s Office of Fentress County, Tennessee) north 85 degrees 52 minutes east 69.89 feet, north 49 degrees 31 minutes east 75.51 feet, north 37 degrees 32 minutes east 107.40 feet, north 05 degrees 05 minutes east

115.15 feet, north 29 degrees 03 minutes east 134.15 feet, north 04 degrees 22 minutes west 123.65 feet, north 22 degrees 42 minutes east 127.82 feet, north 25 degrees 11 minutes east 103.01 feet, north 66 degrees 29 minutes east 63.87 feet, south 74 degrees 04 minutes east 23.29 feet, north 66 degrees 14 minutes east 218.90 feet, north 41 degrees 52 minutes east 236.22 feet, north 28 degrees 05 minutes east 190.26 feet, north 56 degrees 38 minutes east 204.35 feet, south 72 degrees 36 minutes east 39.34 feet, north 60 degrees 22 minutes east 214.52 feet, north 53 degrees 00 minutes east 58.19 feet, north 47 degrees 23 minutes east 158.74 feet, and north 79 degrees 40 minutes east 104.65 feet to an oak tree, thence along the fence line of Joey Vaughn south 59 degrees 47 minutes east 109.01 feet and south 61 degrees 14 minutes east 58.80 feet to a new iron pin, thence (still along the fence line) south 39 degrees 06 minutes east 94.82 feet, south 40 degrees 22 minutes east 154.65 feet, south 40 degrees 01 minutes east 190.07 feet to a wood post, thence south 24 degrees 32 minutes east 708.18 feet to the beginning, and containing 46.09 acres, as shown on Drawing No. 5135 by Rodney Foy (TRLS 730) of Foy Survey, dated 01-22-08.

Also EXCLUDED from the above described tract are the following Lots of Vista Pointe at Island in the Sky Phase II recorded in Plat Book 6, Page 35 and Phase III recorded in Plat Book 6, Page 48:

2.79 acres–Lot 10 Vista Pointe @ Island in the Sky Phase II

2.22 acres–Lot 11 Vista Pointe @ Island in the Sky Phase II

3.68 acres–Lot 12 Vista Pointe @ Island in the Sky Phase II

3.05 acres–Lot 13 Vista Pointe @ Island in the Sky Phase II

2.06 acres–Lot 14 Vista Pointe @ Island in the Sky Phase II

2.54 acres–Lot 15 Vista Pointe @ Island in the Sky Phase II

2.16 acres–Lot 18 Vista Pointe @ Island in the Sky Phase II

3.68 acres–Lot 19 Vista Pointe @ Island in the Sky Phase II

1.68 acres–Lot 16 Vista Pointe @ Island in the Sky Phase II

2.12 acres–Lot 17 Vista Pointe @ Island in the Sky Phase II

3.34 acres–Lot 21 Vista Pointe @ Island in the Sky Phase III

1.43 acres–Lot 22 Vista Pointe @ Island in the Sky Phase III

.95 acres–Lot 23 Vista Pointe @ Island in the Sky Phase III

1.18 acres–Lot 24 Vista Pointe @ Island in the Sky Phase III

1.88 acres–Lot 25 Vista Pointe @ Island in the Sky Phase III

2.28 acres–Lot 26 Vista Pointe @ Island in the Sky Phase III

Also EXCLUDED from the above described tract is the following 27.23 acres which contains Lots 27-36 Vista Pointe @ Island in the Sky Phase IV (unrecorded plat):

Lying and being in the First Civil District of Fentress County, Tennessee and located roughly 2 miles west of the Courthouse in Jamestown, Tennessee by way of Gouldstown Road and more particularly traveling from the junction of Gouldstown Road with Hamilton Field Road (and following the meanders of Gouldstown Road),  about 1.10 miles to the intersection of Gouldstown Road with Panoramic Drive to the north, thence along Panoramic Drive about 250 feet to the intersection with Pinnacle Way to the west, thence west along Pinnacle Way about 825 feet to the intersection of Pinnacle Way and Season’s Watch Court to the north, and continuing along Pinnacle Way about 700 feet to the intersection of Pinnacle Way and Hawk’s Haven Road to the southwest, thence continuing along Hawk’s Haven Road about 600 feet to the beginning of the Phase III Plat of Vista Pointe at Island in the Sky (also being at the intersection of Hawk’s Haven Road and an unnamed farm road to the east and at the intersection with an overhead TVA power line), thence about 1000 feet to the intersection of Hawk’s Haven Road and Peace Pointe Lane, thence continuing along Hawk’s Haven Road in a westerly to northwesterly direction an additional 1200 feet (approximately) to a new iron pin on the northeastern right-of-way of Hawk’s Haven Road, said point also being the  westernmost point of Lot No. 26, Vista Pointe at Island in the Sky, Phase III (see Plat Book P6, Page 48, Register’s Office of Fentress County, Tennessee), the Point of Beginning.

Thence along the northern right-of-way of Hawks Haven Road in a generally western direction north 55 degrees 31 minutes west 55.76 feet, north 73 degrees 55 minutes west 30.69 feet, north 75 degrees 50 minutes west 176.59 feet, and north 81 degrees 17 minutes west 49.61 feet to an iron pin, thence north 88 degrees 02 minutes west 141.99 feet and north 85 degrees 51 minutes west 48.13 feet to an iron pin, thence north 85 degrees 51 minutes west 207.20 feet to an iron pin,  north 83 degrees 19 minutes west 196.30 feet to an iron pin, north 68 degrees 29 minutes west 201.35 feet, north 80 degrees 00 minutes west 10.00 feet, south 80 degrees 00 minutes west 10.00 feet, and south 73 degrees 06 minutes west 40.06 feet to an iron pin, thence south 74 degrees 29 minutes west 67.09 feet, south 58 degrees 47 minutes west 109.96 feet, and north 89 degrees 05 minutes west 46.96 feet to an iron pin, thence south 84 degrees 34 minutes west 56.55 feet, and south 81 degrees 36 minutes west 125.38 feet to an iron pin, thence north 73 degrees 40 minutes west 226.09 feet and north 80 degrees 00 minutes west 12.00 feet to an iron pin, thence south 80 degrees 00 minutes west 12.00 feet and south 68 degrees 18 minutes west 186.05 feet to an iron pin, thence south 83 degrees 29 minutes west 128.00 feet and north 71 degrees 25 minutes west 18.11 feet, thence leaving the right-of-way of Hawk’s Haven Road and proceeding generally northward along the eastern right-of-way of a future road north 46 degrees 28 minutes west 82.56 feet, north 24 degrees 42 minutes west 22.40 feet, north 08 degrees 20 minutes east 174.40 feet, north 03 degrees 20 minutes east 83.54 feet, north 05 degrees 56 minutes west 55.45 feet, north 23 degrees 08 minutes west 49.08 feet, north 45 degrees 23 minutes west 32.39 feet, and north 50 degrees 40 minutes west 47.14 feet, thence leaving the right-of-way of the future road and proceeding to and along a bluff line north 41 degrees 53 minutes east 145.25 feet, north 73 degrees 56 minutes east 97.66 feet, north 68 degrees 56 minutes east 101.08 feet, and north 63 degrees 42 minutes east 49.09 feet to an iron pin, thence  north 63 degrees 41 minutes east 40.00 feet, south 68 degrees 55 minutes east 61.50 feet, south 58 degrees 18 minutes east 68.12 feet to an iron pin, thence south 58 degrees 18 minutes east 40.00 feet, south 42 degrees 36 minutes east 41.83 feet, and north 88 degrees 32 minutes east 85.00 feet to a reference iron pin, thence north 88 degrees 31 minutes east 55.21 feet, north 85 degrees 00 minutes east 51.79 feet, and north 78 degrees 19 minutes east 75.83 feet to a reference iron pin, thence north 80 degrees 16 minutes east 77.25 feet, north 73 degrees 30 minutes east 87.59 feet, and north 84 degrees 07 minutes east 75.17 feet to a reference iron pin, thence north 82 degrees 29 minutes east 132.51 feet, and south 50 degrees 45 minutes east 66.76 feet to an iron pin, thence south 60 degrees 08 minutes east 39.54 feet, and south 84 degrees 50 minutes east 38.21 feet to an iron pin, thence north 68 degrees 47 minutes east 71.30 feet, north 42 degrees 07 minutes east 63.93 feet, north 29 degrees 31 minutes east 49.73 feet, north 34 degrees 11 minutes east 58.24 feet, and north 74 degrees 57  minutes east 108.41 feet to a reference iron pin, thence south 40 degrees 35 minutes east 90.54 feet, south 63 degrees 08 minutes east 96.94 feet, south 07 degrees 30 minutes east 53.76 feet, and south 14 degrees 40 minutes east 135.68 feet to a reference iron pin, thence south 40 degrees 49 minutes east 160.05 feet, south 63 degrees 48 minutes east 117.53 feet, and south 71 degrees 02 minutes east 50.50 feet to an iron pin, thence south 52 degrees 59 minutes east 81.36 feet, south 45 degrees 11 minutes east 114.62 feet, south 68 degrees 34 minutes east 30.84 feet, south 67 degrees 41 minutes east 30.26 feet, and south 64 degrees 19 minutes east 78.45 feet to an iron pin, the northwestern corner of Lot No. 26, Vista Point at Island in the Sky Phase III,  thence leaving the bluff line and continuing in a generally southward direction with the western line of Lot No. 26 south 35 degrees 07 minutes west 118.92 feet and south 09 degrees 39 minutes west 119.90 feet to the point of beginning and containing 27.23 acres more or less as shown on a drawing by  Foy Survey Company, Drawing No. 5235D by Rodney Foy (TRLS 730), dated October 2, 2009.

TRACT TWO:

Lying and being in Second Civil District of Fentress County, Tennessee, to wit:

BEGINNING on the Mathews Line where it crosses the cliff East of Big Dry Creek; thence Northwardly with the meanders of the cliff Four hundred fifty-nine (459) poles to the road leading from Jamestown to Rhodes, Tennessee; thence Southwardly with the meanders of the cliff Three hundred seven (307) poles to where Little Dry Creek goes under the cliff; thence Northwardly with the meanders of the cliff Nine hundred twenty-six (926) poles to a dogwood marked “Z”; thence Southwardly with the meanders of the cliff Two hundred seventy-five (275) poles to where the road leading from Flat Rock to Wolf River goes under the cliff in the head of Grape Vine Hollow; thence Eastwardly with the meanders of the cliff Four hundred forty-seven (447) poles to a black oak, Wm. Sharp’s corner; thence Southwardly with the meanders of the cliff Four hundred forty-seven (447) poles to the Mathews line; thence North Eighty-eight and one-half (88 ½)degrees West with the Mathews line Four hundred fifty-two (452) poles to the beginning, containing Five hundred sixty-three and nine-tenths (563.9) acres, more or less.

All references in the above description to roads, corners or lands of third parties are hereby made “now or formerly”.

Being the same property conveyed to Northumberland Corporation by deed from W.L. Wright, dated September 18, 1956, recorded in Deed Book Y-3, Page 262, in the office of the Register for Fentress County, Tennessee. See also Affidavit and Notice of Merger and Ownership recorded in Deed Book A-7, Page 426, in the Office of the Register of Deeds for Fentress County, Tennessee.

The above described property is being sold by the tract or boundary and not by the acre.

Together with is all rights and interests in the use of the rights of ways conveyed by the Estate of Bruno Gernt, Inc. to Hiwassee Land Company by deed dated March 19, 1980, recorded in Deed Book T-5, Page 147, and subject to all terms and conditions set forth in said instrument.

Less and Except 3 acres, more or less, which were quitclaimed by a Boundary Line Agreement and Quitclaim Deed between Bowater Incorporated and Doyle Davis and wife, Geneva Davis dated July 15, 1997, recorded in Deed Book X-7, Page 648.

Subject also to mineral and mining rights reserved in prior deeds.

Previous and last conveyance being a Warranty Deed from BOWATER INCORPORATED to FLAT ROCK, LLC, recorded on August 30, 2006, in Deed Book 105, Page 606, in the Register’s Office of Fentress County, Tennessee.

Map 24, Parcel 3.00

EXCLUDED from the above described parcel is the following tract of land:

87.17 acres conveyed to Fortune 7, Inc.  (only 77.17 acres lies within the above tract—10 acres was from another parcel)

TRACT THREE:

Lying and being in the Fifth Civil District of Fentress County, Tennessee and being more particularly described as follows:

Beginning at the same point of a survey conducted for Progressive Funding, Inc., Drawing No. 2673 by Foy Survey Company, this now being a common corner of Progressive Funding, Inc. and the lands of Denver Smith: BEGINNING on a set stone 15 feet from the center of Clear Fork River, said point being approximately 625.00 feet from the intersection of the north and south prong of said Clear Fork River; thence with the lands of Denver Smith, North 89 degrees 00 minutes East 304.02 to a double dogwood at the lower side of a bluff; thence running with the lower side of said bluff in a eastwardly and northwardly direction to a point where said bluff runs into Davis Branch; thence up said branch North 03 degrees 33 minutes East 150.98: thence leaving said branch and running with the top of the bluff, South 86 degrees 04 minutes East 45.36; South 31 degrees 26 minutes East 370.03; South 23 degrees 55 minutes East 189.61; South 48 degrees 50 minutes East 104.32; South 41 degrees 11 minutes East 521.88; North 75 degrees 33 minutes East 93.00; South 60 degrees 58 minutes East 218.93; South 06 degrees 18 minutes West 225.58; South 32 degrees 28 minutes East 286.60; South 43 degrees 23 minutes West 64.46; North 84 degrees 18 minutes West 25.57; South 38 degrees 46 minutes West 198.90; thence with old fence South 38 degrees 35 minutes West 114.43; South 33 degrees 13 minutes West 48.31; South 44 degrees 06 West 25.30; South 34 degrees 50 minutes West 45.15 to a marked maple at an old fence corner; thence South 19 degrees 17 minutes West 56.01 to the center of Clear Fork River; thence with the center of said river North 74 degrees 05 minutes West 208.17; North 64 degrees 30 minutes West 192.86 to the intersection of Davis Branch and Clear Fork River; thence still with the center of said river North 62 degrees 22 minutes West 342.80; North 58 degrees 58 West 536.71; South 76 degrees 49 minutes West 155.49; South 41 degrees 32 minutes West 388.99; South 41 degrees 00 minutes West 440.90; South 89 degrees 47 minutes West 188.84; North 51 degrees 30 minutes West 234.86 to the intersection of the north and south prong of Clear Fork River; thence up said north prong North 11 degrees 22 minutes West 626.16; thence leaving said Clear Fork River North 89 degrees 00 minutes East 15.00 to the point of beginning containing approximately

45 acres, more or less.

Being the same property conveyed in a General Warranty Deed from PROGRESSIVE FUNDING, INC. to OJT, LLC, recorded on December 29, 2005, in Book 92, Page 138, in the Register’s Office of Fentress County, Tennessee.

Previous and last conveyance being a General Warranty Deed from OJT, LLC to JEDD, LLC, recorded on December 29, 2006, in Book 113, Page 199, in the Register’s Office of Fentress County, Tennessee.

Map 123, Parcel 2.01

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.

Other Interested Parties:

State of Tennessee

Department of Revenue

Revenue Enforcement Division

Special Procedures Section

P.O. Box 190665

Nashville, Tennessee 37219-0665

Clayton Bank and Trust

c/o of Jake Kraemer, Esq.

c/o Anthony Steel, Esq.

620 Market St.

Knoxville, TN 37902

Dated at Jamestown, Tennessee, on this the 21st day of November, 2013.

STEPHEN L. RAINS, TRUSTEE

500 North Main Street

Jamestown, Tennessee  38556

931-752-2112

(11-27; 12-4-11-3tc)

 

NOTICE OF SALE

WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from Benny J. Foster and wife, Ashley Foster unto William J. Campbell, as Trustee, recorded August 22, 2011 in Record Book 189, Page 838 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated August 19, 2011, payable by Benny J. Foster and wife, Ashley Foster 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.

WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Notice of Sale.

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 19, 2013, 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:

Lying and being in the First Civil District of Fentress County, Tennessee, about 7/10 of a mile from the Courthouse in Jamestown, Tennessee by way of Gouldstown Road; thence southwardly roughly 1/10 mile on a roadway paralleling Rock Castle Creek and Beginning on a set stone, the southeast corner of the City Garage tract; thence with the City Garage tract and the Odell King, et ux tract, north 87E west 940 feet with a fence to another Odell King, et ux tract; thence with a fence along said King tract south 33E east about 800 feet to the southwest corner of the Carson Smith et ux tract; thence 33½E east 243 feet to the northwest corner of said Smith tract; thence with said Smith tract south 43E east to the northeast corner of said Smith tract; thence with the County Road north 47E east when reduced to a straight line 550 feet to the beginning corner, containing 5-1/2 acres, more or less.

There is also conveyed herewith a right-of-way 20 feet in width from the County Road northwestwardly running along the east line of the Odell King et ux tract and the west line of the Carson Smith et ux tract, which easement runs from the County Road to the southwest corner of the lands herein conveyed.

EXCLUDING, HOWEVER, from the above-described tract is 1.04 acres, more or less, conveyed in the deed from Daniel Lee Reed to the grantees herein, Benny J. Foster and wife, Ashley Foster, recorded in Book 83, Page 94 on July 22, 2005; and also the deed from Diane Reed for the same 1.04 acres to the grantees herein, Benny J. Foster and wife, Ashley Foster, recorded in Book 107, Page 743 on October 2, 2006, and being Map 63, Parcel 68.02. Both are recorded in the Register’s Office of Fentress County, Tennessee.

The previous and last conveyance being that General Warranty Deed from Daniel Lee Reed unto Benny J. Foster and wife, Ashley Foster, dated June 18, 2010, acknowledged June 18, 2010, and recorded September 22, 2010, in Record Book 177, Page 840, of the Register’s Office for Fentress County, Tennessee.

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 of the above sale.

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:  (1)  State of Tennessee

Buyers shall be responsible for paying the 2013, 2012 and 2011 real property taxes.

William J. Campbell

Trustee

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