Volume 54, Number 8

twelve pages

Byrdstown, Tennessee 38549 -- Thursday, February 23, 2017

Legal Notices

NOTICE
LEONARD PAUL PERDUE
The State of Tennessee, Department of Children’s Services, has filed a Petition for Termination of Parental Rights as to Justin Tyler Perdue. It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown. You are hereby ORDERED to serve upon Jill Marsee, Attorney for the Tennessee Department of Children Services, 600 Hearthwood Court, Cookeville, Tennessee 38506, (931) 646-3010, an Answer to the Petition for Termination of Parental Rights filed by the Tennessee Department of Children Services, within five (5) days of the last day of publication of this notice, and pursuant to Rule 39(e)(1) of the Tenn. R. Juv. P. you must also appear in the Juvenile Court of Pickett County, Tennessee at Byrdstown, Tennessee on the 18th day of April, 2017, at 8:30 a.m., for the Hearing on the Petition for Termination of Parental Rights by the State of Tennessee, Department of Children’s Services. If you fail to do so, a default judgment will be taken against you pursuant to Tenn. Code Ann. § 36-1-117(n) and Rule 55 of the Tenn. R. of Civ. P. for the relief demanded in the Petition. You may view and obtain a copy of the Petition and any other subsequently filed legal documents at the Juvenile Court Clerk’s Office, Byrdstown, Tennessee.
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NOTICE OF SALE
WHEREAS, by Deed of Trust dated November 18, 2014, of record at Record Book 142, pages 552-554, Register's Office of Pickett County, Tennessee, Dwight Borror, conveyed in trust to James D. White, Jr., Trustee, that property hereinafter described to secure the payment of a certain promissory note; and
WHEREAS, William Forrest Patton, is presently the owner and holder of said Promissory Note and Deed of Trust above referred to, securing the indebtedness therein mentioned; and
WHEREAS, default has occurred under the terms of the Promissory Note and the Deed of Trust, thereby necessitating foreclosure, and William Forrest Patton, have directed James D. White, Jr., as Trustee, to immediately commence foreclosure on the subject property;
NOW THEREFORE this Trustee's Notice of Sale, default having occurred in the payment of the Promissory Note according to the terms and conditions thereof, and the Promissory Note being in default, the undersigned, James D. White, Jr., Trustee, does hereby give notice that he, as attorney, and/or agent, will sell the hereinafter described property on the 9th day of March, 2017, at the hour of 1:00 p.m., on the steps of the Courthouse in Byrdstown, Pickett County, Tennessee, to the last, highest and best bidder, for cash in hand and free from the rights of redemption, homestead, and dower, and all other exemptions of any kind, but subject to any delinquent or current real property taxes on the property, and any valid mineral and/or oil and gas leases. The property to be sold is described as follows, lying and being in the 4th Civil District of Pickett County, Tennessee, and more particularly described as follows, to-wit:
TRACT NO. 1:
BEING LOT NO. 9 of a development known as CAVE VALLEY, and being depicted on a survey plat which is of record in Plat Book 2, Page 56, Register’s Office, Pickett County, Tennessee, to which reference is made, and being more particularly described as follows:
BEGINNING at the Northern margin of a 50 foot wide right-of-way which leads to the Smyrna Road and being a common corner with Lot No. 8 and being the Southeast corner; thence with the right-of-way South 52 deg. 55 min. 16 sec. West 129.40 feet; thence with a curve, delta: 18 deg. 55 min. 18 sec. R. T.; radius: 100.00 feet: arc length 33.02 feet; thence South 33 deg. 59 min. 58 sec. West 14.41 feet to the Southwest corner and being a common corner with Lot No. 10; thence North 18 deg. 34 min. 54 sec. West 519.42 feet to the Northwest corner; thence North 66 deg. 47 min. 22 sec. East 126.48 feet to the Northeast corner at a 15' Beech; thence South 24 deg. 05 min. 14 sec. East 462.69 feet to the point of beginning and containing 1.67 acres, more or less.
Subject to Restrictions applicable to CAVE VALLEY as recorded in Warranty Deed Book 55, Page 122, and as set forth in Plat Book 2, Page 56, Register’s Office, Pickett County, Tennessee.
TRACT NO. 2:
BEING LOT NO. 10 of a development known as CAVE VALLEY, and being depicted on a survey plat which is of record in Plat Book 2, Page 56, Register’s Office, Pickett County, Tennessee, to which reference is made, and being more particularly described as follows:
BEGINNING at the Northern margin of a 50 foot wide right-of-way which leads to the Smyrna Road and being a common corner with Lot No. 9 and being the Southeast corner; thence North 18 deg. 34 min. 54 sec. West 519.42 feet to the Northeast corner, thence South 66 deg. 47 min. 22 sec. West 126.48 feet to the Northwest corner at a 15" Beech; thence South 16 deg. 09 min. 01 sec. East 543.96 feet to the Southwest corner at the margin of the right-of-way; thence North 70 deg. 31 min. 16 sec. East 81.81 feet, thence with a curve, delta 36 deg. 31 min. 19 sec. LT; radius: 100.00 feet; arc length: 63.74 feet; thence North 33 deg. 59 min. 58 sec. East 28.89 feet to the point of beginning and containing 1.71 acres, more or less.
Subject to Restrictions applicable to CAVE VALLEY as recorded in Warranty Deed Book 55, Page 122, and as set forth in Plat Book 2, Page 56, Register’s Office, Pickett County, Tennessee.
And being the same lands conveyed to Dwight Borror from William Forrest Patton by warranty deed dated September 25 2014, and recorded in Record Book 142, page 549-551, Register's Office of Pickett County, Tennessee.
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants; easements, or set back lines that may be applicable; any statutory rights or redemption of any Governmental Agency, State or Federal; any prior liens or encumbrances as well as any priority created by fixture filing; to any matter that an accurate survey of the premises might disclose; and subject to, but not limited to the following parties who may claim an interest in the above referenced property; Dwight Borror and William Forrest Patton and subject to any party who may claim an interest in the above referenced property.
The sale held pursuant to this notice may be rescheduled at the Trustee's option at
any time.
This 7th day of February, 2017.
JAMES D. WHITE, JR.,
Trustee
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SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on March 14, 2017 at 10:00AM local time, at the east main door, Pickett County Courthouse, 1 Courthouse Square, Byrdstown, Tennessee pursuant to Deed of Trust executed by James K. Melton, a married man, joined by his wife, Sandra Melton, to David R. Wilson, Trustee, as trustee for Chase Manhattan Mortgage Corporation on December 19, 2003 at Book TD 82, Page 117; conducted by Shapiro & Ingle, LLP, having been appointed Substitute or Successor Trustee, all of record in the Pickett 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: JPMorgan Chase Bank, National Association, its successors and assigns.
The following real estate located in Pickett County, Tennessee, will be sold to the highest call bidder:
Described property located at Pickett County, Tennessee, to wit:
The following described property located in the Second (2nd) Civil District of Pickett County, Tennessee, to-wit:
Lying and being in the Town of Byrdstown, Tennessee, and being located on Honeysuckle Lane of the City of Byrdstown, and generally described as follows:
Bounded on the North by Hiram Amonett; Bounded on South by Honeysuckle Lane; Bounded on the East by Huddleston and Garrett; Bounded on the West by Hiram Amonett and Crouch.
THERE MAY BE A MANUFACTURED HOME LOCATED UPON THE ABOVE- DESCRIBED PROPERTY WHICH MAY OR MAY NOT BE PERMANENTLY AFFIXED TO SAID PROPERTY.
IN THE EVENT IT IS DETERMINED THAT THE MANUFACTURED HOME IS NOT PERMANENTLY AFFIXED TO THE PROPERTY, IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN TITLE TO SAID MANUFACTURED HOME.
Street Address: 1013 Honeysuckle Ln, Byrdstown, Tennessee 38549
Parcel Number: 024J-A-013.00
Current Owner(s) of Property: James Kenneth Melton
The street address of the above described property is believed to be 1013 Honeysuckle Ln., Byrdstown, Tennessee 38549, 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: CitiFinancial, Inc.; Tennessee Housing Development Agency; D.T. Mccall & Sons.
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. 12-034248
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Notice To Creditors
Estate of Elzia Mitchell Neal
Notice is hereby given that on the 13 day of February, 2017, Letters Testamentary of Administration, in respect of the Estate of Elzia Mitchell Neal who died March 31, 2016, were issued to the undersigned by the Probate Clerk of County, Tennessee.
All persons, resident and non-resident, having claims, matured or un-matured against his or her 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 months from the date of the first publication (or of the posting, as the case may be) of this notice if the creditor received an actual copy of this notice at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of the 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 13 day of Feb, 2017.
Melinda Walker Neal Hall
Larry Brown, Probate Clerk
Onnie L. Winebarger, Attorney
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