Legals 1/29/19

NOTICE OF TRUSTEE’S SALE AT PUBLIC AUCTION

 

Notice is hereby given that on the 12th day of February, 2019, at the hour of 1:00 p.m., at the East entrance of the Jackson County Courthouse, in Gainesboro, Tennessee, the undersigned Successor Trustee, RANDY DODSON, designated as Successor Trustee by instrument dated January 8, 2019, and of record in Record Book 91, Page 1040, Register’s Office, Jackson County, Tennessee by the terms of Deed(s) of Trust from DAVID W. FAIRFIELD and PATRICIA R. FAIRFIELD, TRUSTEES OF THE FAIRFIELD FAMILY TRUST, to JACK WINDLE, Trustee, dated July 27, 2005 and recorded July 29, 2005 @ 8:14 a.m. in Record Book 39, Page 812, in the Register’s Office for Jackson County, Tennessee,; and pursuant to a Deed(s) of Trust from the TRUSTEES OF FAIRFIELD FAMILY TRUST to JACK WINDLE, Trustee, on December 30, 2005 and recorded January 7, 2006 @ 9:02 a.m. in Record Book 41, Page 1816, in Register’s Office of Jackson County, Tennessee, by reason or default in the obligation secured thereby and performance of the covenants contained therein, included the breach of default, will sell to the highest bidder for cash the interest conveyed to the Trustee by said Deed(s) of Trust in and to the property hereinafter described.

The sale will be made without warranty as to title or encumbrances including unpaid taxes for the purpose of paying the obligations secured by the Deed(s) of Trust, including charges and expenses of the Trustee, sums expended under the terms thereof, interest, attorneys’ fees, and the unpaid balance of the note secured thereby. This sale will be held in compliance with the terms of Section 35-5-101, et seq., Tennessee Code Annotated.

Said lands are described as follows, to-wit:

LYING and being in the 9th Civil District of Jackson County, Tennessee, being more particularly described as follows, to-wit:

Beginning at a steel stake in the Rector Road; thence running southerly 468 feet to a steel stake; thence running easterly 209 feet to a steel stake; thence running northerly 468 feet to a steel stake at the Rector Road; thence running 209 feet westerly back to the Point of Beginning, containing 2 1/4 acres more or less, but sold by the boundary and not by the acre.

The previous and last conveyance being a deed to Fairfield Family Trust from Charlie Maberry et ux Evelyn Maberry, Curtis Maberry, Shelia F. Maberry and Michell K. Schnell, of record in Record Book 38, Page 860, Register’s Office, Jackson County, Tennessee.

Interested parties defined by T.C.A. Section 35-5-104(d):

  1. Jackson County Trustee
  2. Jackson County Clerk and Master
  3. Capital One Bank
  4. LVNV Funding LLC
  5. Cavalry SPV 1, LLC

Information relating to all unpaid real property taxes due Jackson County, Tennessee will be available on the date of sale.

This sale is being held in compliance with the provisions of the Deed of Trust as aforementioned and Section 35-5-101 et seq., Tennessee Code Annotated.

This the 16th day of January, 2019.

/s/

RANDY DODSON, SUCCESSOR TRUSTEE

1-22, 1-29, 2-5 3TC

 

NOTICE TO CREDITORS

 

ESTATE OF: Maidy Christine Moody

Notice is hereby given that on the 15th day of January, 2019, Letter of Testamentary, in respect to the estate of Maidy Christine Moody, deceased, who died on December 31, 2018 were issued to the undersigned by the Probate Court of Jackson County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk of the above named Court at the Jackson County Court House, P.O. Box 342, Gainesboro, TN 38562 within the earlier of four (4) months from the date of the first publication of this notice, or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.

This the 15th day of January, 2019.

Amanda Moody McMasters, Personal Representative

Sherrie Pippin-Loftis, Clerk and Master

Kayla Collins Cantrell, Attorney for Estate

1-22, 1-29 2TP

 

TRUSTEE’S NOTICE OF FORECLOSURE SALE

 

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated SEPTEMBER 15, 2017, executed by JOSHUA GARFINKLE AND AMY GARFINKLE HUSBAND AND WIFE, to J. PHILLIP JONES, 1800 HAYES STREET, NASHVILLE, TN 37203, Trustee, of record in BOOK 86, PAGE 486, for the benefit of FIRST NATIONAL BANK OF AMERICA, EXISTING UNDER THE LAWS OF MICHIGAN, PO BOX 980, EAST LANSING, MICHIGAN 48826, in the Register’s Office for JACKSON County, Tennessee, to secure the indebtedness described; WHEREAS, said Deed of Trust was last assigned to ROSE ACCEPTANCE, INC., the entire indebtedness having been declared due and payable by ROSE ACCEPTANCE, INC., being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as   Trustee, on WEDNESDAY, FEBRUARY 13, 2019 AT 3:00 P.M. (LOCAL TIME) AT THE EAST DOOR OF THE JACKSON COUNTY COURTHOUSE IN GAINESBORO, JACKSON COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in JACKSON County, Tennessee, to wit:

PROPERTY LOCATED IN THE COUNTY OF JACKSON, TENNESSEE:

PARCEL # 1

TRACT # 10: 5.01 ACRES BEGINNING AT A POINT IN THE SOUTHWEST MARGIN OF SALT LICK CREEK ROAD, SAID POINT BEING THE NORTHERNMOST CORNER OF THIS TRACT AND A CORNER OF TRACT #9 (5.01 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); SAID POINT LIES SOUTH 54° 23’ 03” EAST A DISTANCE OF 324.26 FEET FROM THE NORTHEAST CORNER OF DRAPER & PATRICIA GRAHAM AS DESCRIBED IN BOOK B-4, PAGE 433, R.O.J.C.T.N.; THENCE LEAVING SAID TRACT # 9 WITH THE SOUTHWEST MARGIN OF SALT LICK CREEK ROAD SOUTH 40° 11’ 37” EAST A DISTANCE OF 29.22 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 92.46 FEET, WITH A RADIUS OF 1038.43 FEET, WITH A CHORD BEARING OF SOUTH 37° 38’ 34” EAST, WITH A CHORD LENGTH OF 92.43 FEET TO A POINT; THENCE SOUTH 35° 05’ 31” EAST A DISTANCE OF 119.05 FEET TO AN IRON PIN NEW, BEING A CORNER OF TRACT# 11 (6.79 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); THENCE LEAVING SALT LICK ROAD WITH THE LINE OF SAID TRACT # 11 SOUTH 52° 24’ 59” WEST A DISTANCE OF 1006.67 FEET TO AN IRON PIN NEW, BEING IN THE LINE OF GEORGE & BRENDA HEINRICH AS DESCRIBED IN BOOK 35, PAGE 16, R.O.S.C.T.N.; THENCE LEAVING SAID TRACT # 11 WITH THE LINE OF HEINRICH NORTH 10° 46’ 59” EAST A DISTANCE OF 27.96 FEET TO A 12” HICKORY TREE; THENCE NORTH 00° 38’ 36” EAST A DISTANCE OF 103.84 FEET TO AN IRON POST; THENCE NORTH 02° 57’ 21” EAST A DISTANCE OF 176.75 FEET TO A TWIN HICKORY TREE; THENCE NORTH 02° 51’ 37” EAST A DISTANCE OF 8.01 FEET TO AN IRON PIN NEW, BEING A CORNER OF TRACT # 9 (5.01 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); THENCE LEAVING HEINRICH WITH THE LINE OF SAID TRACT 9 NORTH 52° 24’ 59” EAST A DISTANCE OF 705.20 FEET TO AN IRON PIN NEW; THENCE NORTH 52° 24’ 59” EAST A DISTANCE OF 100.00 FEET TO A POINT, WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 5.01 ACRES MORE OR LESS, ACCORDING TO SURVEY BY STEVEN MICHAEL HOLLAND, TENNESSEE REGISTERED LAND SURVEYOR, LICENSE NUMBER 2337, DATED JULY 5, 2011, AS SHOWN ON DRAWING NUMBER 110601.   SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. SUBJECT TO THE FINDINGS OF A TITLE REPORT.

PARCEL # 2

TRACT# 11 – 6.79 ACRES BEGINNING AT AN IRON PIN NEW IN THE SOUTHWEST MARGIN OF SALT LICK ROAD, SAID BEING THE NORTHERNMOST CORNER OF THIS TRACT AND A CORNER OF TRACT # 10 (5.01 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); SAID PIN LIES SOUTH 46° 51’ 29” EAST A DISTANCE OF 558.28 FEET FROM THE NORTHEAST CORNER OF DRAPER & PATRICIA GRAHAM AS DESCRIBED IN BOOK B-4, PAGE 433, R.O.J.C.T.N.; THENCE LEAVING SAID TRACT # 10 WITH THE SOUTHWEST MARGIN OF SALT LICK ROAD SOUTH 35° 05’ 31” EAST A DISTANCE OF 258.18 FEET TO AN IRON PIN NEW, BEING A CORNER OF TRACT # 12 (7.48 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); THENCE LEAVING SALT LICK ROAD WITH THE LINE OF SAID TRACT # 12 SOUTH 52° 24’ 59” WEST A DISTANCE OF 1274.48 FEET TO AN IRON PIN NEW, BEING A CORNER OF GEORGE & BRENDA HEINRICH AS DESCRIBED IN BOOK 35, PAGE 16; THENCE LEAVING SAID TRACT # 12 WITH THE LINE OF HEINRICH NORTH 04°40’ 29” EAST A DISTANCE OF 16.59 FEET TO A 12” OAK TREE; THENCE NORTH 05° 12’ 21” EAST A DISTANCE OF 96.67 FEET TO A POINT; THENCE NORTH 11° 48’ 56” EAST A DISTANCE OF 208.28 FEET TO A 10” GUM TREE; THENCE NORTH 10° 46’ 59” EAST A DISTANCE OF 58.96 FEET TO AN IRON PIN NEW BEING A CORNER OF SAID TRACT # 10; THENCE LEAVING HEINRICH WITH THE LINE OF SAID TRACT # 10 NORTH 52° 24’ 59” EAST A DISTANCE OF 1006.67 FEET TO AN IRON PIN NEW, WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 6.79 ACRES MORE OR LESS, ACCORDING TO SURVEY BY STEVEN MICHAEL HOLLAND, TENNESSEE REGISTERED LAND SURVEYOR, LICENSE NUMBER 2337, DATED JULY 5, 2011 AS SHOWN ON DRAWING NUMBER 110601.

PARCEL # 3

TRACT # 12 – 7.48 ACRES BEGINNING AT A POINT IN THE SOUTHWEST MARGIN OF SALT LICK CREEK ROAD, SAID POINT BEING LOCATED SOUTH 49° 55’ 16” WEST A DISTANCE OF 2.28 FEET FROM AN IRON PIN OLD, SAID POINT BEING THE EASTERNMOST CORNER OF THIS TRACT AND A CORNER OF DUANE PARK AS DESCRIBED IN BOOK 62, PAGE 1147, R.O.J.C.T.N.; THENCE LEAVING SALT LICK CREEK ROAD WITH THE LINE OF PARK SOUTH 49° 55’ 16” WEST A DISTANCE OF 236.61 FEET TO AN IRON PIN OLD; THENCE SOUTH 49° 55’ 16” WEST A DISTANCE OF 22.45 FEET TO A POINT IN THE CENTER OF A CREEK; THENCE SOUTH 35° 09’ 06” EAST A DISTANCE OF 29.50 FEET TO A POINT IN THE CENTER OF A CREEK; THENCE SOUTH 58° 57’ 46” EAST A DISTANCE OF 81.02 FEET TO A POINT IN THE CENTER OF A CREEK; THENCE SOUTH 42° 53’ 08” EAST A DISTANCE OF 36.29 FEET TO A POINT IN THE CENTER OF A CREEK BEING A CORNER OF TRACT # 13 (5.23 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); THENCE LEAVING PARK WITH THE LINE OF SAID TRACT # 13 SOUTH 50° 52’ 17” WEST A DISTANCE OF 50.00 FEET TO AN IRON PIN NEW; THENCE SOUTH 50° 52’ 17” WEST A DISTANCE OF 599.48 FEET TO AN IRON PIN NEW, BEING IN THE LINE OF JIMMY KEY AS DESCRIBED IN BOOK 56, PAGE 1320, R.O.J.C.T.N.; THENCE LEAVING SAID TRACT # 13 WITH THE LINE OF KEY NORTH 84° 17’ 25” WEST A DISTANCE OF 92.68 FEET TO A LARGE DOUBLE HACKBERRY TREE; THENCE NORTH 88° 47’ 00” WEST A DISTANCE OF 138.34 FEET TO A 16” HICKORY TREE; THENCE NORTH 89° 18’ 55” WEST A DISTANCE OF 52.72 FEET TO AN IRON PIN OLD, BEING A CORNER OF GEORGE & BRENDA HEINRICH AS DESCRIBED IN BOOK 35, PAGE 16, R.O.S.C.T.N.; THENCE LEAVING KEY WITH THE LINE OF HEINRICH NORTH 86° 33’ 46” WEST A DISTANCE OF 182.34 FEET TO A 14” ASH TREE; THENCE NORTH 80° 21’ 39” WEST A DISTANCE OF 57.33 FEET TO AN IRON PIN NEW, BEING A CORNER OF TRACT # 11 (6.79 ACRE WILLARD FRYE HEIRS SURVEY THIS SAME DATE); THENCE LEAVING HEINRICH WITH THE LINE OF SAID TRACT # 11 NORTH 52° 24’ 59” EAST A DISTANCE OF 1274.48 FEET TO AN IRON PIN NEW IN THE SOUTHWEST MARGIN OF SALT LICK CREEK ROAD; THENCE LEAVING SAID TRACT # 11 WITH THE SOUTHWEST MARGIN OF SALT LICK CREEK ROAD SOUTH 35° 05’ 31” EAST A DISTANCE OF 80.72 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 94.18 FEET, WITH A RADIUS OF 1624.94 FEET, WITH A CHORD BEARING OF SOUTH 36° 45’ 08” EAST, WITH A CHORD LENGTH OF 94.17 FEET TO A POINT, WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 7.48 ACRES MORE OR LESS, ACCORDING TO SURVEY BY STEVEN MICHAEL HOLLAND, TENNESSEE REGISTERED LAND SURVEYOR, LICENSE NUMBER 2337, DATED JULY 5, 2011 AS SHOWN ON DRAWING NUMBER 110601.

SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. SUBJECT TO THE FINDINGS OF A TITLE REPORT.

BEING THE SAME LANDS CONVEYED TO FIRST NATIONAL ACCEPTANCE COMPANY FROM LAWTON DUANE PARK, JR. AND WIFE, MAUREEN PARK, TRUSTEES FOR THE B & P IRREVOCABLE TRUST 2011 BY WARRANTY DEED DATED JUNE 23, 2014 AND RECORDED JUNE 25, 2014 IN BOOK 74, PAGE 1517, IN SAID REGISTER’S OFFICE FOR JACKSON COUNTY, TENNESSEE.

PARCEL # 4

TRACT # 5 – BEGINNING ON A ½” PIPE SET AT THE WEST RIGHT-OF-WAY OF SALT LICK CREEK ROAD, THE NORTHWEST CORNER OF THIS TRACT, AND THE NORTHEAST CORNER OF TRACT 4; THENCE LEAVING THE BOUNDARY OF TRACT 4, AND THE RIGHT-OF-WAY OF THE ROAD, SOUTH 36° 54’ 41” EAST 70.00 FEET, AND SOUTH 41° 33’ 20” EAST 180.00 FEET TO A ½” PIPE SET AT THE RIGHT-OF-WAY, THE NORTHEAST CORNER OF THIS TRACT, AND THE NORTHWEST CORNER OF TRACT 6A; THENCE LEAVING THE RIGHT-OF-WAY AND WITH THE BOUNDARY OF TRACT 6A, SOUTH 52° 25’ 26” WEST 233.27 FEET TO A POINT IN THE CENTER OF SALT LICK CREEK, THE SOUTHEAST CORNER OF THIS TRACT, AND A POINT IN THE BOUNDARY OF TRACT 3; THENCE LEAVING THE BOUNDARY OF TRACT 6A, AND WITH THE CENTER OF THE CREEK AND THE BOUNDARY OF TRACT 3, NORTH 43° 00’ 00” WEST 244.37 FEET TO A POINT IN THE CENTER OF THE CREEK, THE SOUTHWEST CORNER OF THIS TRACT, AND THE SOUTHEAST CORNER OF TRACT 4; THENCE LEAVING THE CREEK AND THE BOUNDARY OF TRACT 3, AND WITH THE BOUNDARY OF TRACT 4, NORTH 50° 57’ 10” EAST 244.77 FEET TO THE POINT OF BEGINNING, CONTAINING 1.3414 ACRES, AS SURVEYED BY CARLEN J. WIGGINS, R.L.S. # 70, PLAT DATED OCTOBER 1, 2001.

BEING THE SAME LANDS CONVEYED TO FIRST NATIONAL ACCEPTANCE COMPANY FROM DUANE PARK, D/B/A GRIZZLY LOG HOMES BY WARRANTY DEED DATED JUNE 23, 2014 AND RECORDED JUNE 25, 2014 IN BOOK 74, PAGE 1521, IN SAID REGISTER’S OFFICE FOR JACKSON COUNTY, TENNESSEE.

FURTHER KNOWN AS: 1145 SALT LICK CREEK ROAD AND SALT LICK CREEK ROAD, PLEASANT SHADE, TN 37145

PARCEL ID(S): 040 022.06, 040 022.09, 040 022.10

ALSO BEING THE SAME PROPERTY CONVEYED TO JOSHUA GARFINKLE AND AMY GARFINKLE, HUSBAND AND WIFE, BY SPECIAL WARRANTY DEED DATED SEPTEMBER 15, 2017 OF RECORD IN BOOK 86, PAGE 482, REGISTER’S OFFICE FOR JACKSON COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 1145 SALT LICK CREEK RD., PLEASANT SHADE, TN 37145 AND TWO UNIMPROVED TRACTS ON SALT LICK CREEK RD., PLEASANT SHADE, TN 37145.

MAP 040 PARCEL 022.06 (HOUSE)

MAP 040 PARCEL 022.09 (IMPLEMENT SHED)

MAP 040 PARCEL 022.10 (POLE BARN)

THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY. ANY REPRESENTATION CONCERNING ANY ASPECT OF THE SUBJECT PROPERTY BY A THIRD PARTY IS NOT THE REPRESENTATION/RESPONSIBILITY OF TRUSTEE(S)/ SUBSTITUTE TRUSTEE(S) OR THEIR OFFICE.

THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST UNDER WHICH THIS FORECLOSURE SALE IS CONDUCTED, INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. 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 ALL APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425, T.C.A. 67-1-1433, AND 28 U.S.C. 2410 (C). THE NOTICE REQUIREMENTS OF T.C.A. 35-5-101 ET SEQ. HAVE BEEN MET.

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 HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

OTHER INTERESTED PARTIES: NONE OF RECORD

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This is improved property known as 1145 SALT LICK CREEK ROAD, PLEASANT SHADE, TN 37145 AND TWO UNIMPROVED TRACTS ON SALT LICK CREEK ROAD, PLEASANT SHADE, TN 37145.

  1. PHILLIP JONES, TRUSTEE

1800 HAYES STREET

NASHVILLE, TN 37203

(615) 254-4430

www.phillipjoneslaw.com            F19-0006

1-22, 1-29, 2-5 3TC

Leave a Comment