Legal Notices From Fentress Courier September 17 Edition

notice
The Fentress County Planning Commission will meet Friday, September 19, 2014 at the Courthouse in the small courtroom. Time of meeting is 12:00 noon.
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NOTICE
The Fentress Courier reserves the right to edit or reject any advertising materials.
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Notice
September 2, 2014
City of Jamestown
Mayor and Aldermen
P.O. Box 670
Jamestown, TN 38556
Dear Sirs,
I am hereby giving my official notice that I will be stepping down as Alderman for the City of Jamestown. I have taken a job that requires for me to be out of town which makes it difficult to serve the citizens as I was elected to do. I would like for this to take effect immediately. I would like to say Thank you to the Council and the Citizens of Jamestown for letting me serve as alderman for the last year and a half.
Sincerely,
Ed Brady
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public notice
The Jamestown Board of Mayor and Aldermen will hold a public hearing on Monday, October 13th, 2014 at 5:45 p.m. at Jamestown City Hall. The purpose of this hearing is to consider the adoption of an ordinance providing for the licensing and regulation of adult-oriented businesses in the city. A copy of the proposed ordinance is available for review during regular business hours at Jamestown City Hall. All interested persons are invited to attend this public hearing.
Ryan Smith
Mayor of Jamestown
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Public notice
The Jamestown Regional Planning Commission meeting date for the month of September has been rescheduled to Tuesday, September 30, 2014. The meeting time is at 5:00 p.m. at Jamestown City Hall, with the public invited to attend.
Ryan Smith, Mayor
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PUBLIC NOTICE
The Jamestown Board of Mayor and Aldermen will hold a public hearing on Monday, October 13, 2014, at 5:50 p.m. at Jamestown City Hall. The purpose of this hearing is to consider an amendment to Article 2, Section 2, of the Jamestown Zoning Ordinance. Said amendment deletes mobile home parks from Section 2. (1) Uses Permitted, and adds mobile home parks as (d) under Section 2. (2) Uses Permitted on Appeal. A copy of the proposed amendment is available for review at City Hall. All interested persons are invited to attend this public hearing.
Ryan Smith, Mayor
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NOTICE OF TRUSTEE’S SALE OF REAL ESTATE
WHEREAS, on the 6th day of February, 2005, Wayne Johns and wife, Kimberly Johns did make, execute and deliver certain Deed of Trust to Trustee, Leslie Clark Ledbetter of 6890 South York Highway Clarkrange, Tennessee 38553, to secure the payment of a certain Promissory Note of even date therewith, with said Note being payable to Clarkrange Properties, LLC. Said Note is more fully described in said Deed of Trust of record in Book 76, Page 598 recorded on March 14, 2005 in the Register’s Office for Fentress County, Tennessee, 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 balances 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 Trustee by the aforesaid Deed of Trust, the public is hereby notified that the undersigned Trustee, Leslie Clark Ledbetter, having been requested so to do by the said holder and owner of the Notes, 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 courthouse door of the Fentress County Courthouse in Jamestown, Tennessee, at the hour of 12:00 p.m. prevailing time on Friday, the 3rd day of October, 2014; said property will be sold in bar of all right and equities of redemption and statutory right 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 material men’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 the Fourth District of Fentress County, Tennessee, and is more particularly described as follows:
Lying and being in the Fourth Civil District of Fentress County, Tennessee, and located approximately 20 miles southeastwardly from the Courthouse at Jamestown by traveling Southwardly on old U.S. Hwy 127 South to its junction with U.S. Hwy 127 a total of approximately 18 miles to the junction with TN Hwy 62 with U.S. Hwy 127; thence Eastwardly on TN Hwy 62 approximately 2 miles to the intersection of Spear Head Circle and being described more particularly as follows:
TRACT #10:
Beginning on a ½” iron pin and cap set this survey in the west right of way of Spear Head Circle and being the northeast corner of Tract #10 herein described.
Thence with the said right of way, South 16°33’17” West, a distance of 196.22 feet to a ½” iron pin set this survey
Thence with the west right of way, South 16°33’17” West, a distance of 310.00 feet to a ½” iron pin set this survey
Thence with the north line of tract #11, North 73°26’43” West, a distance of 698.03 feet to a ½” iron pin set this survey
Thence North 10°02’20” East, a distance of 312.02 feet to a ½” iron pin set this survey
Thence with the south line of tract #9, South 73°26’43” East, a distance of 733.43 feet to the Point of Beginning Containing 5.09 ACRES, more or less.
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 re-advertise and sell at a second sale.
The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set for the above sale.
Dated at Clarkrange, Tennessee, on this the 4th, day of September, 2014.
TRUSTEE
LESLIE CLARK LEDBETTER
6890 S. York Hwy.,
Clarkrange, TN 38553
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SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on November 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 Keith W. Pierce and Betty J. Pierce, husband and wife, to First Crossville Title, Trustee, on December 22, 2006 at Book 113, Page 51; all of record in the Fentress County Register’s Office.
Party entitled to enforce security interest: U.S. Bank National Association, as Trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2, 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 113, Page 51; in the Register’s Office of Fentress County, Tennessee
Parcel Number: 139 006.06 and 139 006.07
Current Owner(s) of Property: Keith W. Pierce and wife, Betty J. Pierce
Other interested parties: Bank of America, N.A., First Franklin A Division of National City Bank, Mortgage Electronic Registration Systems, Inc., Capital One Bank (USA), N.A. c/o Shon Leverett, Attorney
Street Address: 1224 Franklin Loop, Clarkrange, Tennessee 38553
Secondary Property Address: 1224 Franklin Loop Road, Clarkrange, TN 38553
Any property address provided 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. 14-060500
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NOTICE OF SALE
WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Donald Draughn and wife, Eugenia Draughn unto William J. Campbell, as Trustee, recorded September 9, 2009 in Record Book 163, Page 374 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated September 4, 2009, payable by Donald Draughn and wife, Eugenia Draughn 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 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 10:15 a.m. on Thursday, October 9, 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 as follows:
Being the 6 acres, more or less depicted on Tax Map 44, Parcel 3.00
PROPERTY ADDRESS: Crockett Cemetery Road, Jamestown, TN 38556
(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 Fentress County Register’s Office by the taxing authorities.
SUBORDINATE LIENHOLDERS: NA
OTHER INTERESTED PARTIES: Denise Byrd
Buyers shall be responsible for paying the following real property taxes: 2014 and 2013
Doug Jones
Substitute Trustee
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IN THE CIRCUIT COURT OF FENTRESS COUNTY, TENNESSEE
STATE OF TENNESSEE, ON RELATION OF THE COMMISSIONER, DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF SAID DEPARTMENT,
Petitioner,
vs.
RAY MICHAEL THRIFT, JULIE ANN THRIFT, a/k/a/ Julie Ann Whitlock; JANICE S. BRINLEY; HEIRS OF LYNNIE G. KING; HEIRS OF CLARA BELL BROWN; FENTRESS COUNTY, TENNESSEE;
Defendants.
Case No. 2014 cv 53
Jury Demand/12 Persons
Project No. STP/HPP-28(38)
25001-2294-14
Tract No. :106
Tax Map/Parcel: 149F-A-009.00
FILED
ORDER OF PUBLICATION
In this cause, it appearing from the record that the Defendants, HEIRS OF LYNNIE G. KING and HEIRS OF CLARA BELL BROWN, may have an interest in a certain parcel of land recorded March 16, 1964, in Warranty Deed Book K7, Page 262; Trust Deed Book 6, Page 91, Register’s Office of Fentress County, Tennessee, located at the east side of S. York Highway approximately 200 feet north of Redbird Lane, Tax Map/Parcel 194F-A-009.00. The Legal Description, more particularly described in Exhibit “A”, is attached to the Petition For Condemnation heretofore filed in this cause and available for viewing at the Circuit Court Clerk’s Office; and, further, IT APPEARING that the location and address of the above named Defendants is unknown and that regular service of process cannot be had upon it; and further, IT IS, THEREFORE, ORDERED that publication be made for four (4) successive weeks in Fentress Courier published in Fentress County, Tennessee, requiring said Defendants, HEIRS OF LYNNIE G. KING and HEIRS OF CLARA BELL BROWN, to appear and make defense to said Petition for Condemnation before the Circuit Court of Fentress County, Tennessee, within thirty (30) days after the fourth weekly publication of this order, the same will be taken as admitted by Defendants and the case will be set for hearing ex parte or without Defendant(s) being present at the hearing.
Enter this 22 day of July, 2014.
John McAfee
Circuit Court Judge
Approved for entry:
Robert E. Cooper, Jr.
Attorney General & Reporter
For The State Of Tennessee
M. Amanda Govan
BPR#021082
Senior Counsel
Attorney Generals Office
540 McCallie Avenue, Suite560
Chattanooga, TN 37402
(423)-634-6404
Attorney for Petitioner, State of Tennessee
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SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on October 7, 2014 at 10:00 AM local time, at the east door, Fentress County Courthouse, 101 Main Street, Jamestown, Tennessee, pursuant to Deed of Trust executed by Robert Morris Garrett, a single man and Marty Garrett, a single man, to First American Title, Trustee, on June 14, 2010 at Book 174, Page 15; 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:
Situated in the First Civil District of Fentress County, Tennessee, about 3-1/2 miles southeastwardly from the Town of Jamestown, on the south side of, but not adjacent to the Taylor Place Road, and being Lot Number 6 of Colyer Estates, plat of which is recorded in Plat Book 1, Page 7, of the Register’s Office of Fentress County, Tennessee, to which reference is hereby made for specific description Parcel Number: 085C-A-006.00 Current Owner(s) of Property: Robert Morris Garrett and Marty Garrett, as tenants in common with the right of survivorship Street Address: 116 Colyers Loop, Jamestown, Tennessee 38556
Any property address provided 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. 14-060483
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in the chancery court of Fentress county, Tennessee
BILLY H. JENNINGS,JR.
Petitioner
vs.
HELEN HOLBERT WRIGHT,
Respondent,
Case No. 11-36
Publication Notice
TO: Allen Wright, Jeffrey Wright and Melissa Holbert, the Heirs of Helen Holbert Wright
You are required to appear and answer or otherwise defend against the Petition for Partition of Realty filed by Billy H. Jennings, Jr., whose attorney is Melanie S. Lane, P.O. Box 797, Jamestown, Tennessee 38556, within thirty (30) days after the date of the last publication of this notice, otherwise default judgment may be entered against them. It is further ordered that this notice shall be published in the Fentress County Courier for four consecutive weeks -September 8, 15, 22, and 29, 2014 and with the hearing set on November 6, 2014 in the Chancery Court of Fentress County, Tennessee at 9:00 a.m. for the Petition for Partition of Realty. Should the Respondents, JOHNNY WRIGHT, ALLEN WRIGHT, JEFFREY WRIGHT, MELISSA HOLBERT, Heirs of Helen Holbert Wright fail to appear and answer or otherwise defend a default judgment will be entered. This the 4th day of September, 2014.
Kathryn R. Taylor
Clerk and Master
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IN THE GENERAL SESSIONS COURT OF FENTRESS COUNTY, TENNESSEE
JENNINGS FUNERAL HOME,
Plaintiff
vs.
JACKIE BROWN,
ANGELA BROWN,
REBECCA OSBORNE, and
TIMOTHY ROY BROWN
Defendants
Case No. 2014-cv-351
PUBLICATION NOTICE
TO: JACKIE BROWN, REBECCA OSBORNE, AND TIMOTHY ROY BROWN
You are required to appear and answer or otherwise defend against the Complaint filed by Jennings Funeral Home, whose attorney is Melanie S. Lane, P.O. Box 797, Jamestown, Tennessee 38556, within thirty (30) days after the date of the last publication of this notice, otherwise default judgment may be entered against them.
It is further ordered that this notice shall be published in the Fentress County courier for four consecutive weeks- September 8, 15, 22, and 29, 2014 and with the hearing set on November 6, 2014 in the Chancery Court of Fentress County, Tennessee at 9:00 a.m. for the Petition for Partition of Realty. Should the Defendants, JACKIE BROWN, REBECCA OSBORNE, AND TIMOTHY ROY BROWN fail to appear and answer or otherwise defend a default judgment will be entered. This the 4th day of September, 2014.
Gina Mullinix
CIRCUIT COURT CLERK
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IN THE JUVENILE COURT FOR FENTRESS COUNTY, TENNESSEE AT JAMESTOWN
WILLIAM & LINDA MATTHEWS,
Petitioner, Grandparents
Vs.
HEATHER NICHOLE STEPHENS
CHADRICK RUSSELL STEPHENS
Respondents, Parents
In Re: Bentley Russell Stephens,
DOB; 03/11/11
A Minor Child Under the Age of Eighteen
Docket No. 2014-JV-12
ORDER FOR PUBLICATION
This cause came to be heard on the 21st day of August, 2014, before the Honorable Todd Burnett, Judge of the General Sessions Court for Fentress County, Tennessee, upon the Petitioner’s Motion to Serve Respondent, CHADRICK RUSSELL STEPHENS, by Publication. Based upon statements of counsel and the entire record, the Court finds that the motion is well- taken.
It is, therefore, ORDERED, ADJUDGED, and DECREED that the Respondent CHADRICK RUSSELL STEPHENS shall be served by Publication.
It is so ORDERED.
ENTER THIS THE 21st DAY OF August, 2014.
Todd Burnett
Judge
Approved for entry:
Ieshia Dupes, #030874
Attorney for Petitioner
421 E. Central Ave.
Jamestown, TN 38556
931-310-2128
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing document has been served on the following by U.S. Mail, postage prepaid:
Last Known Address
Chad Stephens
2120 Old Wolf River Rd.
Jamestown, TN 38556
This the 21st day of August, 2014.
Ieshia Dupes
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SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on September 26, 1988, by Johnny R. Atkinson to Johnny V. Crow, Trustee, as same appears of record in the Register’s Office of Fentress County, Tennessee in Book H, Page 594, (“Deed of Trust”); and WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture (“USDA”); and WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed Jerry Jolley as Substitute Trustee 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(s) of Trust; and NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and Jerry Jolley as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Wednesday, October 15, 2014, commencing at 10:00 A.M. at the east door of the Fentress County Courthouse Jamestown, Tennessee, proceed to sell at public outcry to the highest bidder either for cash (must be in the form of a cashier’s check) or 10 per cent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the Fourth Civil District in Fentress County, Tennessee to wit: A metes and bounds description of the property is included in the deed referenced below.
Map 104I Parcel 24
PROPERTY ADDRESS: 110 Hundred Oaks Loop, Jamestown TN 38556
Being the same property conveyed to Johnny R. Atkinson by Claude H. Stephens by General Warranty Deed by September 26, 1988, of record in Warranty Deed Book R6, Page 138.
CURRENT OWNERS: Johnny R. Atkinson 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 setback 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. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) 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.
Jerry Jolley
Substitute Trustee
390 South Lowe, Suite K
Cookeville TN 38501
http//www.resales.usda.gov
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NOTICE TO CREDITORS
Docket No.14-34
Estate of Walter Phillip Gernt, Late of Fentress County, Tennessee.
Notice is Hereby Given that on the 15th day of September, 2014, Letters Testamentary, of Administration, in respect to the Estate of Walter Phillip Gernt, 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 15th day of September, 2014.
Richard L. Gernt
Paige R. Gernt
Co-Executors
Estate of Deceased
Walter Phillip Gernt
707 E. 6th St.
Cookeville, TN 38501
Kathryn R. Taylor
Clerk & Master
P.O. Box 66
Jamestown, TN 38556
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NOTICE OF SALE
WHEREAS, DOUG JONES, Substitute Trustee, pursuant to a Deed of Trust executed by Donald Draughn and wife, Eugenia Draughn unto William J. Campbell, as Trustee, recorded July 28, 2009 in Record Book 161, Page 420 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated July 21, 2009, payable by Donald Draughn and wife, Eugenia Draughn 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 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 a.m. on Thursday, October 9, 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 as follows:
TRACT ONE & TWO: Being Lots 4-A & 5-A of the York Park Subdivision, Tax Map 53-J, Group A, Parcel 34.00, 512 Pine Street, Jamestown, TN 38556
TRACT FOUR: Being 2.69 acres, more or less, Tax Map 53, Parcel 92.00, 132 Maynard Ave, Jamestown, TN 38556
(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 Fentress County Register’s Office by the taxing authorities.
SUBORDINATE LIENHOLDERS: NA
OTHER INTERESTED PARTIES: Denise Byrd, Jason & Abigail Nelson
Buyers shall be responsible for paying the following real property taxes:
Map 53, Parcel 92.00 – 2014 county taxes
Map 53-J, Group A, Parcel 34.00 – 2014 county taxes, 2013, 2012, 2011, 2010, 2009 Jamestown city taxes.
Doug Jones
Substitute Trustee
(9-17-24;10-1-3tc)
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