Legal Notices From The Fentress Courier For The Week Of May 27, 2015

NOTICE
The Fentress Courier reserves the right to edit or reject any advertising materials.
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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 18, 2003, and the Deed of Trust of even date securing the same, recorded July 22, 2003, in Book No. 49, at Page 520, in Office of the Register of Deeds for Fentress County, Tennessee, executed by Brenda M. Ashley, conveying certain property therein described to Deborah Reynolds as Trustee for American General Financial Services, Inc.; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by U.S. Bank National Association, as Indenture Trustee for Springleaf Mortgage Loan Trust 2012-2.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by U.S. Bank National Association, as Indenture Trustee for Springleaf Mortgage Loan Trust 2012-2, will, on June 4, 2015 on or about 3:00 PM, at the Fentress County Courthouse, Jamestown, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Fentress County, Tennessee, and being more particularly described as follows:
Situated in the FOURTH Civil District of FENTRESS County, TN.
BEING ROUGHLY 11 MILES FROM JAMESTOWN BY TRAVELING SOUTHEASTWARDLY FROM THE COURTHOUSE ON TENNESSEE STATE HIGHWAY 52 TO ALLARDT; THENCE SOUTHWARDLY FROM ALLARDT BY WAY OF THE ALLARDT TO CROOKED CREEK AND BANNER SPRINGS ROAD; THENCE WESTWARDLY ON A ROADWAY LEADING ALONG THE ROUTE OF THE OLD SUNBRIGHT ROAD TOWARD U. S. HIGHWAY 127 ABOUT 1200 FEET TO THE SOUTHEAST CORNER OF THE BOBBY YORK TRACT AND BEGINNING ON A MAPLE, BOBBY YORK’S SOUTHEAST CORNER; THENCE WITH SAID OLD SUNBRIGHT ROAD SOUTH 45-1/2 DEGREES EAST 185 FEET TO A HICKORY TREE; THENCE NORTH 41-1/2 DEGREES EAST 247 FEET TO A WHITE OAK EAST OF AND NEAR A POND; THENCE NORTH 33 1/2 DEGREES EAST 225 FEET TO A SET STONE IN A FENCE ROW; THENCE NORTH 83 DEGREES WEST 192 FEET TO A POPLAR IN A HOLLOW AND THENCE NORTH 81-3/4 DEGREES WEST 215 FEET TO A MAPLE, A CORNER IN THE SOUTHEAST PORTION OF THE BOBBY YORK 400 ACRE TRACT; THENCE WITH THE EAST LINE OF SAID YORK TRACT SOUTH 5 DEGREES WEST 283 FEET AND SOUTH 21-1/2 DEGREES EAST 16 FEET TO THE BEGINNING CORNER.
ALSO KNOWN AS: 1855 Old Sunbright Rd, Jamestown, TN 38556
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property:
ASHLEY, BRENDA M. LVNV FUNDING LLC, AS ASSIGNEE OF CITIBANK CACV OF COLORADO, LLC LVNV FUNDING LLC AS ASSIGNEE OF CITIBANK
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. 303355
DATED April 29, 2015
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
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NOTICE OF FORECLOSURE
WHEREAS, by Deed of Trust dated November 17, 2008, of record in Book 150, page 150, Register’s Office of Fentress County, Tennessee, WILLIAM E. ASHE, unmarried, did convey unto T. MIKES ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and WHEREAS, FARM CREDIT MID-AMERICA, FLCA, FORMERLY KNOWN AS FARM CREDIT SERVICES OF MID-AMERICA, FLCA , is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and WHEREAS, M. WYATT BURK was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Book 234, page 459, Register’s Office of Fentress County, Tennessee; and
WHEREAS, the said real estate described in said Deed of Trust is as follows:
Lying and being in the Fourth Civil District of Fentress County, Tennessee approximately 20 miles from the Courthouse at Jamestown by traveling southwardly on old U. S. Highway 127 southwardly to the bypass; thence continuing southwardly on U.S. Highway 127 a total of approximately 18 miles to its junction with Tennessee Highway 62; thence eastwardly on Tennessee Highway 62 approximately 6 miles to its junction with Jonesville Road; thence northwardly on Jonesville Road approximately one mile to Bridge Creek Road approximately 1/3” mile to the end and being more particularly described as follows: Beginning on a ½” iron pin and cap set this survey at the corner of the fence. Said point being the southeast corner of the property herein described and a common corner of Atkinson (Y-5, 452 and G-7, 53) and in the northern line of tact #17 of the Emery & Rodgers Farm (Plat Book 1, Page 13); Thence North 83˚15’05” West, a distance of 313.25 feet to a 1” metal pipe (found), being a corner of tract #77 and #12; Thence North 83˚47’40” West, a distance of 721.00 feet to an angle iron (found) being a corner of tract #12 and #9; Thence North 03˚21’14” West, passing a ½” iron pin and cap set this survey on the southern bank at 829.25 feet in all a distance of 839.25 feet to a point in the center of Bridge Creek; Thence with the meanders of said creek the following calls: North 65˚58’13” East a distance of 17.23 feet; Thence North 27˚04’44” East, a distance of 82.86 feet; Thence North 10˚27’14”West, a distance of 53.90 feet; Thence North 38˚07’42” West, a distance of 71.17 feet; Thence North 28˚30’46” West, a distance of 114.11 feet; Thence North 32˚56’05” East, a distance of 45.51 feet; Thence North 49˚01’35” East, a distance of 145.46 feet; Thence North 66˚45’27” East, a distance of 111.39 feet; Thence North 81˚40’20” East, a distance of 98.87 feet; Thence North 70˚11’31” East, a distance of 108.38 feet; Thence North 34˚04’29” East, a distance of 153.63 feet; Thence North 05˚09’01” East, a distance of 261.11 feet; Thence North 77˚47’55” East, a distance of 58.96 feet; Thence North 69˚29’21” East, a distance of 91.58 feet; Thence South 77˚49’58” East, a distance of 130.96 feet; Thence South 64˚37’35” East, a distance of 96.24 feet; Thence South 51˚45’32” East, a distance of 66.07 feet; Thence South 47˚54’02” East, a distance of 112.57 feet; Thence South 47˚52’47”East, a distance of 123.85 feet; Thence North 82˚21’00” East, a distance of 72.78 feet; Thence North 79˚05’19” East, a distance of 125.22 feet to a point at the intersection of Bridge Creek and a drain of hollow, said point being a common corner of Robbins (Y-7, 652); Thence up the drain or hollow South 12˚48’17” East, a distance of 142.75 feet; Thence South 03˚11’18” West, a distance of 113.82 feet; Thence South 19˚21’41” West, a distance of 85.16 feet; Thence South 15˚44’08” East, a distance of 86.40 feet; Thence South 61˚03’21” East, a distance of 93.59 feet; Thence South 11˚08’04” West, a distance of 74.51 feet; Thence South 13˚35’20” East, a distance of 99.21 feet to the end of a metal culvert on the north side of Bridge Creek Road; Thence crossing the road and with the line of Yelinek (Z-7, 706) and Atkinson (Y-5, 542); South 18˚21’51” East, a distance of 142.25 feet; Thence South 12˚43’09” East, a distance of 64.68 feet; Thence South 04˚35’56” West, a distance of 259.74 feet; Thence South 30˚21’17” West, a distance of 281.69 feet; Thence South 31˚00’07” West, a distance of 393.09 feet to the Point of Beginning, containing 48.10 acres, more or less, as surveyed by Timothy L. Goad, R.L.S. #1748 on February 12th 2003. Bearings based on magnetic north reading taken on the property. Being the same property described in a deed dated November 17, 2008, from Andy Yoder and wife, Edna Yoder to William E. Ashe of record at Record Book 150, page 143, Register’s Office of Fentress County, Tennessee.
WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and WHEREAS, the maker of said note has defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note. NOW, THEREFORE, I, the undersigned, M. WYATT BURK, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on June 26, 2015, at 12:00 P.M., at the door of the Fentress County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any Other interested parties: First National Bank of Pikeville; Yusbel Castro; Bank of Crossville; G. E. Capital Corp.; Deloy L. Brown Petroleum, LLC Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee. The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust. Said Deed of Trust is made a part hereof as if copied verbatim herein.
This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel. If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force 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 right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. The address of the property is unknown, 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 herein shall control. This property is further identified as being Map 145, Parcel 19.00 on the records of the Tax Assessor of Fentress County, Tennessee. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 26th day of May, 2015.
M. WYATT BURK
Substitute Trustee
BOBO, HUNT, WHITE & BURK
111 W. Side Square
Shelbyville, Tennessee 37160
(931) 684-3327
ATTORNEYS FOR SUBSTITUTE TRUSTEE
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FORECLOSURE SALE
Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated June 8, 2000, executed by Mary A. Ipock, recorded in Book 1, Page 263, Register’s Office for Fentress County, Tennessee, and wherein the said Mary A. Ipock conveyed the property therein described to D. Michael Kress, II, Trustee, to secure the indebtedness therein described, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and note, and payment not having been made as demanded; and the undersigned, Joel E. Jordan, of 3326 Aspen Grove Drive #604, Franklin, Tennessee 37067, having been appointed as Substitute Trustee in the place and stead of D. Michael Kress, II, Trustee, said appointment being set forth in the Register’s Office for Fentress County, Tennessee, notice is hereby given that I, Joel E. Jordan, Substitute Trustee, having been requested so to do by the lawful owner of said indebtedness, will on Thursday, June 11, 2015, at 12:00 Noon at the Main entrance of the Fentress County Courthouse, Jamestown, Tennessee, sell at public outcry to the highest and best bidder for cash, free from equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real estate in Fentress County, Tennessee:
Located in the Fourth (4th) Civil District of Fentress County, Tennessee and more particularly described as follows:
Lying and being in the Fourth Civil District of Fentress County, Tennessee, and located approximately 15 miles from the Courthouse in Jamestown by traveling Southwardly on old U.S. Highway 127 South to its junction with U.S. 127 Bypass; thence continuing Southwardly on U.S. 127 Highway approximately 12 miles to its junction with the Banner Roslin Road; thence Eastwardly on the Banner Roslin Road approximately 1-1/2 miles to its junction with Bicknell Road; thence Southwardly on Bicknell Road approximately 1-1/2 miles to an iron pin (new) in the Eastern edge of the right of way of Bicknell road which is located North 18 degrees 34 minutes East 258.70 feet from a stone found in the Eastern edge of the right of way of Bicknell road, the original corner of grantors tract, South from the tract previously conveyed by Osbert Young, etux to Jackie Young; thence from the said iron pin in the Eastern edge of the right of way of Bicknell Road North 10 degrees 34 minutes East with the Eastern edge of the right of way of Bicknell Road 100.18 feet to an iron pin (new); thence North 03 degrees 26 minutes East with the Eastern edge of the right of way of Bicknell Road 183.03 feet to an iron pin (new); thence severing the property of Grantors and more particularly South 77 degrees 30 minutes East 310.95 feet to an iron pin (new); thence South 07 degrees 17 minutes West 290.00 feet to an iron pin (new); thence North 76 degrees 01 minutes West 305.22 feet to an iron pin, the beginning corner, containing 1.99 acres, more or less, as shown by Drawing #3844 by Rodney W. Foy, TRLS #730, a copy of said plat is attached hereto as an Exhibit.
RESERVING, HOWEVER, unto the Estate of Bruno Gemt, its successors and assigns all the coal, oil and gas located in, on and under the above described boundary of land together with the right to enter, drill, mine, take and remove the same.
Being the same property conveyed to Mary Ipock by General Warranty Deed from Osbert Young and wife, Georgia Young, dated May 24, 2000 and recorded in Book WDH8, Page 370, Register’s Office of Fentress County, Tennessee.
Also being the same property conveyed to Traci Ann Denise Ipock, Jamieson Nicholas Young and Talisha Michelle Ipock by Quitclaim Deed from Scott Freeman, administrator and beneficiary for Mary Ann Ipock Freeman dated August 7, 2008 and recorded in Book 145, Page 153, Register’s Office of Fentress County, Tennessee.
Included in this conveyance is a 2000 Homes of Legend mobile home, Serial #HL58712ABAL.
This is improved property known as 1165 Bicknell Rd, Clarkrange, Tennessee 38553.
The 2014 taxes are currently due and payable.
Said sale is subject to any and all unpaid taxes and any other prior claims, liens, easements, set back lines and restrictions.
THE RIGHT IS RESERVED TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
JOEL E. JORDAN
Substitute Trustee
STELTEMEIER & WESTBROOK, PLLC
3326 Aspen Grove Drive, #604
Franklin, Tennessee 37067
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NOTICE TO CREDITORS
ESTATE OF GEORGE SELMER TODD, DECEASED
P-15-16
NOTICE IS HEREBY GIVEN THAT ON THE 11th DAY OF May, 2015, LETTERS TESTAMENTARY IN RESPECT OF THE ESTATE OF GEORGE SELMER TODD DECEASED, WHO DIED April 20, 2014, WERE ISSUED TO THE UNDERSIGNED BY THE PROBATE AND FAMILY COURT OF FENTRESS COUNTY, TENNESSEE.
ALL PERSONS, RESIDENT AND NON-RESIDENT, HAVING CLAIMS, MATURED OR NOT, AGAINST THIS 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 11th day of May, 2015
Saundra Ella Foust
Personal Representative
931.277.3537
JAMES E. THOMPSON
Attorney for Estate
Kathryn R. Taylor
Clerk
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NON-RESIDENT NOTICE
IN THE JUVENILE COURT FOR FENTRESS COUNTY, TENNESSEE
CASE NO. 2013-JV-59
IN THE MATTER OF: DOMINIC BROWN, D.O.B. 12/07/2012
In this case it appearing from the bill which is sworn that Dustin (Dusty) Brown is a non-resident of Fentress County or his whereabouts cannot be determined so that ordinary process of law cannot be served, it is ordered that publication be made for four (4) successive weeks, as required by law, in the Fentress Courier, a newspaper published in Jamestown, Tennessee, in said county, notifying said non-resident to appear in open court June 18, 2015 to offer testimony in the above captioned cause.
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NOTICE TO CREDITORS
Docket No. P-15-14
Estate of Wilma Pauline Hayes, Late of Fentress County, Tennessee.
Notice is Hereby Given that on the 11th day of May, 2015, Letters Testamentary, of Administration, in respect to the Estate of Wilma Pauline Hayes, 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 1 1th day of May, 2015.
Harold E. Deaton
Attorney
Deborah Sue Pomplun
Co-Executors
Estate of Deceased
Wilma Pauline Hayes
P.O. Box 1540
Jamestown, TN 38556
Kathryn R. Taylor
Clerk & Master
P.O. Box 66
Jamestown, TN 38556
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LEGAL NOTICE:
Pursuant to the Individuals with Disabilities Education Act (IDEA) (34 C.F.R. 300.624) and the Family Education Rights and Privacy Act (FERPA) (34 C.F.R. 99), Tennessee’s Early Intervention System (TEIS) will be destroying special education records with a date of birth of December 31, 2008 or before. Parents who wish to obtain their child’s old record(s) must contact TEIS at 1-800-852-7157 or see www.TN.Gov/education/teis for your specific local office contact information. Please do so by June 1, 2015. Records will be destroyed after that date.
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NOTICE TO CREDITORS
Docket No. P-15-17
Estate of L. E. Clayborn, Late of Fentress County, Tennessee.
Notice is Hereby Given that on the 13th day of May, 2015, Letters Testamentary, of Administration, in respect to the Estate of L. E. Clayborn, 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 13th day of May, 2015.
Ronnie Clayborn
Gail Densmore
Co-Executors
Estate of Deceased
L. E. Clayborn
349 Cobb Creek Dr.,
Grimsley, TN 38565
Kathryn R. Taylor
Clerk & Master
Linda P. Taylor
Deputy Clerk & Master
P.O. Box 66
Jamestown, TN 38556
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