Legals 3/5/2019

SUBSTITUTE TRUSTEE’S SALE

 

Sale at public auction will be on April 3, 2019 at 10:00AM local time, at the east door, Jackson County Courthouse, 101 Main Street, Gainesboro, Tennessee pursuant to Deed of Trust executed by James E. Morgan and Virginia Clark Morgan, to Lenders First Choice TN, Trustee, as trustee for Financial Freedom Senior Funding Corporation on September 26, 2007 at Book 50, Page 1173, Instrument No. 07008208; conducted by Shapiro & Ingle, LLP, having been appointed Substitute or Successor Trustee, all of record in the Jackson County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.

Party Entitled to Enforce the Debt: Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust, its successors and assigns.

The following real estate located in Jackson County, Tennessee, will be sold to the highest call bidder:

Described property located at Jackson County, Tennessee, to wit:

A CERTAIN TRACT OR PARCEL OF LAND IN 9TH C.O. OF JACKSON COUNTY, STATE OF TENNESSEE, AS FOLLOWS:

BEGINNING ON A PERSIMMON TREE, SOME 15 TO 20 FEET FROM THE NEW HOPE ROAD AND RUNNING NORTHWESTWARDLY TO THE FORKS OF THE FOLLOW TO A STONE, THENCE SOUTHWESTWARDLY WITH SAID HOLLOW TO THE FORKS OF ANOTHER HOLLOW, TO A STONE, THENCE WITH THE MEANDERS OF SAID LATTER HOLLOW TO ANOTHER STONE; THENCE RUNNING NORTHWESTWARDLY IN A MORE OR LESS STRAIGHT LINE TO ANOTHER STONE; THENCE EASTWARDLY TOWARD SAID ROAD TO A SMALL CEDAR TREE THENCE ON BACK TO THE BEGINNING, CONTAINING BY ESTIMATION EIGHT (8) ACRES, BE THE SAME MORE OR LESS, BUT THIS PARCEL OF LAND IS SOLD BY THE BOUNDARY AND NOT BY THE ACRE.

FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 048-XX-017.00; SOURCE OF TITLE IS BOOK DBZ-1, PAGE 478 (RECORDED 08/20/68)

DERIVATION CLAUSE:

THE INSTRUMENT CONSTITUTING THE SOURCE OF THE BORROWER’S INTEREST IN THE FOREGOING DESCRIBED PROPERTY WAS A DEED RECORDED 8/20/1968 IN DBZ-1-478 IN THE REGISTER’S OFFICE OF JACKSON COUNTY, TENNESSEE.

Street Address: 1626 New Hope Rd, Hilham, Tennessee 38568

Parcel Number: 048 017.00

Current Owner(s) of Property: The Heirs of James E. Morgan

The street address of the above described property is believed to be 1626 New Hope Rd, Hilham, Tennessee 38568, 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 sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose.

The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: Secretary of Housing and Urban Development; All parties claiming by, through, or under James Morgan.

Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of James E. Morgan and Virginia Clark Morgan, and those claiming through him/her/it/them.

Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of 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. 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 & Ingle, 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 only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title.

This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.

Shapiro & Ingle, LLP

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

Phone: (704) 333-8107

Fax: (704) 333-8156

www.shapiro-ingle.com

File No. 19-117471

3-5, 3-12, 3-19 3TC

 

NOTICE OF TRUSTEE’S SALE

 

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust registered May 27, 2014, of record in Record Book 74, Page 886, Register’s Office for Jackson County, Tennessee, (hereafter “Deed of Trust”) from or executed by Gary D. Keeling, an individual who is either single or whose spouse doesn’t hold any ownership interest, and Joy M. Keeling, an individual who is either single or whose spouse doesn’t hold any ownership interest (”Borrower”) to Marty Maynord, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by American Bank & Trust of the Cumberlands, the lawful owner and holder thereof; and,

The undersigned, William D. Birdwell, Esq., Trustee, having been appointed through Appointment of Successor Trustee, recorded in Record Book 91, Page 1554, Register’s Office for Jackson County, Tennessee;

NOW, WHEREFORE, I, William D. Birdwell, Esq., Trustee, pursuant to said Deed of Trust, having been requested by American Bank & Trust of the Cumberlands, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on Tuesday, March 19, 2019, at 12:00 p.m., at the South Door of the Jackson County Courthouse, in Gainesboro, County of Jackson, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the statutory right of redemption, homestead, curtsey and dower, appraisement, and the marshalling of liens and assets relating to the property , all of which have been expressly waived by Borrower in said Deed of Trust, the following-described property:

located in the Thirteenth (13th) Civil District of Jackson County, Tennessee, which, pursuant to TCA 35-5-104(2) has a Concise Description as described in the complete legal description of the property contained in Deed of Trust recorded in Record Book 74, Page 886, Register’s Office Jackson County, Tennessee, which is the previous and last conveyance of the property,

and Common Description of 1347 Keeling Branch Highway, Whitleyville, Tennessee 38588, and Map 013; Group –; Ctrl Map 013; and Parcel 004.00, as assessed by the Assessor of Property, Jackson County, Tennessee.

This property is not encumbered by liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Jackson County, Tennessee;

This property is not encumbered by liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Jackson County, Tennessee;

This sale is being sold subject to any liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.

Interested Parties; TCA 35-5-104(a)(1) and (d): Gary D. Keeling 1377 Keeling Branch Hwy., Whitleyville, Tennessee 38588; Joy M. Keeling 1347 Keeling Branch Hwy., Whitleyville, Tennessee 38588; Joy M. Keeling 201 Center Grove Circle, Gainesboro, Tennessee 38562; American Bank & Trust of the Cumberlands PO Box 40, Livingston, Tennessee 38570.

Pursuant to TCA 35-5-101(e), a copy of the above notice, as required in TCA 35-5-104, was served upon the above referenced Debtor(s) and Interested Parties, by lodging same with the US Mail Certified Mail, Return Receipt Requested, postage prepaid, for delivery to the addresses indicated on or before the first date of publication.

Pursuant to the Service Members Civil Relief Act of 2003, confirmation was obtained on January 11, 2019, that there is no information in the Department of Defense data center that indicates Gary Keeling or Joy Keeling is currently on active military duty.

Dates of Publication; TCA 35-5-101(a)(b): The Jackson Sentinel newspaper, a newspaper published in Jackson County, Tennessee, the county where the land is located and the sale is to be made, which shall be published in the newspaper on the following dates: February 26, 2019, March 5, 2019, and March 12, 2019.

William D. Birdwell, Esq.

Successor Trustee

457 East Broad Street

Cookeville, Tennessee 38501

2-26, 3-5, 3-12 3TC

 

NOTICE TO CREDITORS

 

ESTATE OF: Billy G. Heatherly

Notice is hereby given that on the 19th day of February, 2019, Letters of Testamentary, in respect to the estate of Billy G. Heatherly, deceased, who died February 1, 2019, 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 same with the Clerk of the above named Court at the Jackson County Court House, P.O. Box, 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 19th day of February, 2019.

 

Judy Heatherly, Executrix

Sherrie Pippin-Loftis, Clerk and Master

Jacky O. Bellar, Attorney for Estate

2-26, 3-5 2TP

 

NOTICE OF TRUSTEE’S SALE AT PUBLIC AUCTION

 

Notice is hereby give that on the 19th day of March, 2019, at the hour of 1:00 p.m., 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, date 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 JACKSON WINDLE, Trustee, on December 30, 2005 and recorded January 7, 2006 @ 9:02 a.m. in Record Book 41, Page 1816, in the Register’s Office of Jackson County, Tennessee, by reason of default in the obligation secured thereby and performance of the covenants contained therein, including 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 said 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 Mitchell K. Schnell, or 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):

Jackson County Trustee

Jackson County Clerk and Master

Capital One Bank

LVNV Funding LLC

Calvary 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 21st day of February, 2019.

/s/ RANDY DODSON, SUCCESSOR TRUSTEE

2-26, 3-5, 3-12

3TC

NOTICE TO CREDITORS

 

ESTATE OF: Glynn Raymond Flatt

Notice is hereby given that on the 21st day of February, 2019, Letters of Testamentary, in respect to the estate of Glynn Raymond Flatt, deceased, who died October 14, 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 same with the Clerk of the above named Court at the Jackson County Court House, P.O. Box, 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 21st day of February, 2019.

 

Dr. Steven Glen Flatt, Personal Representative

Sherrie Pippin-Loftis, Clerk and Master

Dale Bohannon, Attorney for Estate

3-5, 3-12 2TP

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