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NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, by Deed of Trust dated February 11, 2008 (the “Deed of Trust”), of record in Book 1383, Page 448, in the Office of the Register of Deeds of Tipton County, Tennessee (the “Register’s Office”), April S. Gamble, married, did convey in trust to Carlos S. Webb, as Trustee, a certain tract of land to secure payment of a debt in the original principal sum of $84,705.00 payable to Memphis Area Teachers’ Credit Union. Said Deed of Trust is incorporated herein by reference;

 

WHEREAS, Orion Federal Credit Union, formerly Memphis Area Teachers’ Credit Union (“Lender”) is the true and lawful owner and holder of the debt aforesaid which is secured by the Deed of Trust (the “Debt”); 

 

WHEREAS, by instrument recorded on March 17, 2014, in Book 1617, Page 849, in said Register’s Office, Lender, exercising its authority as such owner and holder of said Deed of Trust, appointed E. Franklin Childress, Jr., as Substitute Trustee (hereinafter, the “Substitute Trustee”), who is empowered to serve with all the title, powers, and duties of the original Trustee named in said Deed of Trust described above; and

 

WHEREAS, default has been made in the payment of Debt and obligations secured by said Deed of Trust, and Lender, as owner and holder of the obligations secured thereby, has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with its terms and provisions;

 

NOW, THEREFORE, by the authority vested in me as Substitute Trustee under said instrument, I will on Wednesday, April 23, 2014 at 12:00 noon, at the front door of the Tipton County Courthouse, 1801 South College Street, Covington, Tipton County, Tennessee 38019, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed which is situated in the State of Tennessee, Tipton County, and is described as follows: 

 

Lot 6, Hyde Park Mills Subdivision, as shown on plat of record in Plat Book 196, Page 79, in the Register’s Office of Tipton County, Tennessee, to which plat reference is here made for a more particular description of said property.

 

Being the same property conveyed to Floyd Gamble and April Gamble, married, by Warranty Deed of record in Book 1153, Page 675, in said Register’s Office. Also being the same property conveyed from Floyd Gamble to April Gamble by Quit Claim Deed of record in Book 1390, Page 701, in said Register’s Office.

 

Said property is commonly known as 422 Hyde Park Circle, Covington, Tennessee 38019, and is also designated as parcel number 01-041OC-015.00, but such address or designation is not a part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

 

Said sale shall be made for cash in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:

Any unpaid taxes against the property; and

 

Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property; and 

 

Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and

 

Any prior or superior liens, judgment, deeds of trust or other interests of record;

 

Mortgagee has complied with the notice provisions of 26 U.S.C. § 7425(c) and Reg. §§ 301.7425-1 and, T.C.A. § 67-1-1433(b)(2) to the extent applicable;

 

Lender reserves the right to retain any escrows, reserves, security deposits, or other funds or rights to payment of funds and to apply the same in accordance with the terms and provisions of the Deed of Trust and related documents. 

 

The right is reserved to adjourn the day of 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 this sale shall, at the option of Lender, be cause for rejection of the bid, and if the bid is rejected, Lender shall have the option of making the sale to the next highest bidder who is able, capable, and willing 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 and are made a part hereof as if set forth verbatim herein.

 

This Notice of Sale has been posted and published in accordance with T.C.A. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning March 27, 2014.

 

E. Franklin Childress, Jr., Substitute Trustee 

 

BAKER, DONELSON, BEARMAN, CALDWELL

& BERKOWITZ, P.C.

165 Madison Avenue

Suite 2000

Memphis, TN 38103

Attention: E. Franklin Childress, Jr.

 

March 27, 2014, April 3, 2014, and April 10, 2014

 

SUBSTITUTE TRUSTEE’S SALE

Default having been made in the payment of the debts and obligations secured to be paid in a certain Deed of Trust executed the 27th day of March, 2008, ISLAND 35 LLC to Atty. Carl Gorday, Birmingham, AL, as Trustee, as same appears of record in the Register’s Office of Tipton County, Tennessee in Book 1390, Pages 813-841. This Instrument was amended by First Amendment to Deed of Trust Assignment of Rents and Security Agreement of record in Record Book 1476, Pages 741-750, in the Register’s Office of Tipton County, Tennessee. This Instrument was amended by Second Amendment to Deed of Trust Assignment of Rents and Security Agreement of record in Record Book 1525, Pages 451-460, in the Register’s Office of Tipton County, Tennessee and John B. Philip or Paul N. Royal or James A. Crislip, Jr. of Shelby County, Tennessee were substituted in his place and the holder of the note, REGIONS BANK, and the owner of the debt secured having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of the said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that John B. Philip or Paul N. Royal or James A. Crislip, Jr., Substitute Trustee, will on FRIDAY, APRIL 18, 2014 commencing at 3:00 p.m. at the north door of the Tipton County Courthouse, proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to wit:

Situated in the County of Tipton and State of Tennessee:

Property Address:   unknown

(Property Description)

Commence at a #5 iron bar set at the intersection of Crain Road and Cash Road at the community formerly known as Reverie, TN, thence North 27 degrees 18 minutes 12 seconds West 149.42 feet to the point of beginning, thence on a boundary between Cox and Crain North 68 degrees 12 minutes 30 seconds East 235.34 feet, thence North 79 degrees 21 minutes 45 seconds East 1899.30 feet to a point lying in the center of Cash Road, thence along said center of Cash Road North 82 degrees 07 minutes 27 seconds East 1203.47 feet, thence North 87 degrees 37 minutes 35 seconds East 935.96 feet to an iron bar in the center of Cash Road, Thence along the West boundary of the Henry Carr Property South 01 degrees 12 minutes 44 seconds West 3663.08 feet to the water line of the Mississippi River, thence South 69 degrees 29 minutes 42 seconds West 906.16 feet along the West bank of the Mississippi River, thence South 51 degrees 53 minutes 38 seconds West 2014.22 feet along the West bank of the Mississippi River, thence South 46 degrees 20 minutes 28 seconds West 1352.36 feet along the West bank of the Mississippi River, thence leaving the river North 89 degrees 09 minutes 12 seconds West 2021.95 feet, thence South 18 degrees 52 minutes 48 seconds West 2870.32 feet, thence North 86 degrees 55 minutes 19 seconds West 2290.00 feet to the east boundary of the Atchley property, thence North 05 degrees 33 minutes 14 seconds East along the East boundary of the Atchley property 816.35 feet to the Northeast corner of the Atchley property, thence North 83 degrees 52 minutes 13 seconds West 4034.00 feet along the North boundary of the Atchley property to the center of the Booker Chute, thence North 41 degrees 06 minutes 00 seconds East 1966.01 feet along the center of Booker Chute, thence South 88 degrees 23 minutes 03 seconds East 3379.19 feet  along the South line of the Ellis Property, thence North 05 degrees 51 minutes 27 seconds East 1490.59 feet, thence 64 degrees 16 minutes 26 seconds West 1215.00 feet to a #9 steel bar set for the common corner of the Crain, Cox and Ellis properties, thence along the South line of the Cox property the following calls, North 03 degrees 41 minutes 20 seconds West 1074.48 feet, thence North 57 degrees 16 minutes 11 seconds East 1017.64 feet, thence North 60 degrees 37 minutes 17 seconds East 1611.60 feet, thence North 65 degrees  37 minutes 59 seconds East 498.26 feet, thence North 68 degrees 12 minutes 30 seconds East 2233.96 feet to the point of beginning, containing 1202.28 acres and being subject to road rights of way for Crain and Cash Roads and all other easements and /or restrictions of record. LESS AND EXCEPT 1 acre (Yarbrough School site) containing 1201.28 acres after exception. 

LESS AND EXCEPT FROM TRACT 1

Commence at a #5 iron bar set at the intersection of Crain Road and Cash Road at the community formerly known as Reverie, TN, thence North 27 degrees 18 minutes 12 seconds West 149.42 feet, thence North 68 degrees 12 minutes 30 seconds East 235.34 feet to a point, thence North 79 degrees 21 minutes 45 seconds  East 1035.21 feet to the Point of Beginning, thence continue North 79 degrees 21 minutes 45 seconds East 864.09 feet to a point, thence North 82 degrees 07 minutes 27 seconds East 1203.47 feet to a point, thence North 87 degrees 37  minutes 35 seconds East 935.96 feet to an iron bar in the center of Cash Road, thence along the West boundary of the Henry Carr property South 01 degrees 12 minutes 44 seconds West 3663.08 feet to the water line of the Mississippi River, thence South 69 degrees 29 minutes 42 seconds West 906.16 feet long the West bank of the Mississippi River, thence South 51 degrees 53 minutes 38 seconds West 2014.22 feet along the West bank of the Mississippi River, thence South 46 degrees 20 minutes 28 seconds West 801.54 feet along the West bank of the Mississippi River, thence leaving the river North 01 degrees 12 minutes 44 seconds East 5414 feet to the point of the beginning, containing 301 acres.  LESS AND EXCEPT:  1 acre (Yarbrough School site) containing 300 acres after exception. 

TRACT NO. II

Commence at a #5 iron bar set at the intersection of Crain Road and Cash Road at the community formerly known as Reverie, TN, thence Southwestwardly along the meanders of the centerline of Cash Road 11,022.39 feet to the South line of the Atchley property and the point of beginning, thence South 87 degrees 17 minutes 59 second East 2000.18 feet to the West boundary of the Morris property, thence South 04 degrees 02 minutes 33 seconds West 2365.49 feet, thence along the lines between Crain and Morris North 89 degrees 19 minutes 41 seconds West 1918.27 feet to the centerline of Cash Road, thence continue along the line between Crain and Morris North 86 degrees 18 minutes 06 seconds West 5269.46 feet to the centerline of Booker Chute, thence North 41 degrees 43 minutes 27 seconds East 3239.09 feet along the centerline of Booker Chute to the South line of the Atchley property, thence along the South line of the Atchley property South 87 degrees 17minutes 59 seconds East 3200.00 feet to the point of beginning and containing 339.10 acres more or less, and being subject to road rights of way for Cash Road and all other easements and restrictions of record. 

TRACT NO. III

Commence at a #5 iron bar set at the intersection of Crain Road and Cash Road at the community formerly known as Reverie, TN, thence Southwestwardly along the meanders of the centerline of Cash Road 14,565.98 feet to railroad iron (track) set on the South line of the Morris property and the point of beginning, said point of beginning lies 3669.02 feet North of and 14,517.58 feet East of the Northwest corner of Section 18 Township Ten North (T-10-N), Range Ten East (R-10-E) in Mississippi County, Arkansas, thence South 89 degrees 18 minutes 06 seconds East 1983.48 feet along the South line of the Morris property to the West bank of the Mississippi River, thence the following calls along the West Bank of the Mississippi River, South 15 degrees 07 minutes 26 seconds West 1321.82 feet, thence South 09 degrees 04 minutes 40 seconds West 1442.49 feet, thence South 06 degrees 04 minutes 17 seconds East 1280.45 feet, thence South 15 degrees 05 minutes 32 seconds East 1538.23 feet, thence South 26 degrees 15 minutes 08 seconds East 1203.89 feet, thence South 28 degrees 18 minutes 03 seconds East 2270.82 feet, thence South 35 degrees 33 minutes 12 seconds East 1202.90 feet, thence South 42 degrees 27 minutes 36 seconds East 810.92 feet, thence South 05 degrees 36 minutes 25 seconds East 2746.64 feet, thence South 17 degrees 58 minutes 22 seconds West 823.17 feet to the entrance of the connection chute, thence South 71 degrees 29 minutes 03 seconds West 897.46 feet, thence North 77 degrees 01 minutes 56 seconds West 1599.80 feet, thence South 77 degrees 17 minutes 42 seconds West 741.15 feet to the centerline of Booker Chute, thence the following calls along the centerline of Booker Chute, North 21 degrees 49 minutes 08 second West 1216.12 feet, thence North 52 degrees 09 minutes 07 seconds West 4850.31 feet, thence North 29 degrees 53 minutes 36 seconds West 8229.15 feet, thence North 17 degrees 07 minutes 09 seconds East 1396.26 feet, thence North 00 degrees 33 minutes 59 seconds West 1187.48 feet to the South line of the Morris property, thence South 89 degrees 18 minutes 06 seconds East 6335.25 feet to the point of beginning and containing 2106.14 acres more or less and being subject to road rights of way for Cash Road and all other easements and restrictions of record. 

An island in the Mississippi River that lies immediately South of Island No. 35 in Mississippi County, Arkansas and Tipton County, Tennessee locally known as Engineer’s Bar and being more particularly described as: Beginning at a point on the Arkansas – Tennessee state line at its intersection with the West side of Engineer’s Bar, said point lying 12,229.48 feet South and 15,910.27 feet East of the Northwest corner of Section 18, Township Ten North (T-10-N), Range Ten East (R-10-E), Mississippi County, Arkansas, thence the following calls around the island as was surveyed on June 9, 2005, North 19 degrees 51 minutes 28 seconds East 1700.00 fee, thence North 83 degrees 13 minutes 46 second East 3197.70 feet, thence South 35 degrees 49 minutes 19 seconds East 966.23 feet, thence South 34 degrees 05 minutes 48 seconds East 1170.83 feet, thence South 40 degrees 00 minutes 05 seconds East 936.92 feet, thence South 35 degrees 34 minutes 01 seconds East 751.87 feet, thence South 27 degrees 04 minutes 44 seconds East 978.28 feet, thence South 16 degrees 12 minutes 24 seconds East 1110.04 feet, thence South 00 degrees 04 minutes 19 seconds East 1303.89 feet, thence South 01 degrees 18 minutes 23 seconds West 1700.50 feet, thence South 17 degrees 02 minutes 14 seconds West 2566.41 feet, thence South 49 degrees 13 minutes 22 seconds West 3495.53 feet, thence South 70 degrees 46 minutes 19 seconds West 719.91 feet, thence South 58 degrees 01 minutes 20 seconds West 5502.19 feet, thence South 67 degrees 25 minutes 49 seconds West 1052.62 feet, thence South 79 degrees 19 minutes 43 seconds West 1566.08 feet, thence North 09 degrees 14 minutes 03 seconds East 990.84 feet, thence North 24 degrees 33 minutes 40 seconds East 1799.90 feet, thence North 13 degrees 37 minutes 17 seconds East 1205.92 feet, thence North 27 degrees 40 minutes 04 seconds East 3439.26 feet, thence North 12 degrees 23 minutes 38 seconds West 1886.97 feet, thence North 19 degrees 51 minutes 28 seconds East 6425.13 feet to the point of beginning and containing 1402.53 acres in Arkansas and 1009.05 acres in Tennessee for a total of 2411.58 acres and being subject to all rights of way, easements and restrictions of record and regulation of The U.S. Corps of Engineers

The land surveyed on this plat shares a common boundary with Arkansas and Tennessee, and the land is referenced in Section, Range and Township in Arkansas, therefore the certification is by Registered Land Surveyor in Arkansas. George K. Caster, RLS 133.

Beginning at a set iron at the Northernmost Northwest corner of the Laura J. Ellis, John B. Ellis, Jr. and Nancy Ellis Rounsavall Property, Will Book “L”, page 358, also being at the Southwest corner of the Crain Co Property and also being in the East line of the Goodsey and Lizzie Property; thence Southeastwardly along the North line of Ellis and a South line of the Crain Co Property, S 87°37’42” E, passing thru an 18’ Elm with wire on the line at 535.35 feet and also passing thru an old stump with wire on line at 1736.03 feet, but in all a distance of 2527.05 feet to a point at the mean low water level of the West side of the Mississippi River; thence Southwardly along the mean low water level of the West side of the Mississippi River with the following courses: S 49°58’15” W, a distance of 746.08 feet; S 20°52’13” W, a distance of 156.66 feet; S 36°27’15” W, a distance of 239.74 feet; S 41°37’30” W, a distance of 167.87 feet; S 65°24”35’ W, a distance of 170.41 feet; S 30°34’03” W, a distance of 99.57 feet, S 31°17’29” W, a distance of 350.39 feet; S 36°16’54” W, a distance of 334.44 feet; S 44°21’52” W; a distance of 239.08 feet; S 55°36’04” W, a distance of 149.52 feet; S 25°18’14” W, a distance of 35.06 feet; S 10°54’13” E, a distance of 184.42 feet, S 26°54’51” W, a distance of 270.08 feet; S 31°34’52” W, a distance of 361.58 feet; S 26°14’44” W, a distance of 260.57 feet; S 10°22’13” W, a distance of 172.91 feet; S 15°12’21” W, distance of 413.74 feet to a point at said mean low water level being the Southeast corner of the Ellis Property, also being the Northeast corner of the Crain Co. Property; thence Northwestwardly along the South line of the Ellis Property and a North line of the Crain Co. Property, N 88°12’22” W, passing thru a set iron on line at the West top bank of the Mississippi River at 113.71 feet, passing thru a set iron on line at the East side of Cash Road at 2051.72 feet, passing thru a set iron on line at the West side of Cash Road at 2019.71 feet, passing thru a set wood stake on line at 2103.71 feet (This point calculated by the U.S. Corps of Engineers to be the location of old B.M. 54/2 which was not found), passing thru a set iron on line at 5596.11 feet, and passing thru a set iron on line 7474.87 feet, but in all a distance of 8234.80 feet to a point on the East top bank of Booker Chute being the southwest corner of the Ellis Property and a Northwest corner of Crain Co. Property; thence Northeastwardly along the top bank of Booker Chute, N 23°56’53” E, a distance of 555.89 feet to a point on said top bank; thence continuing along said top bank, N 41°34’10” E, a distance of 743.55 feet to a point on said top bank; thence continuing along said top bank, N 55°51’02” E, a distance of 110.50 feet to a point on said top bank being the Westernmost Northwest corner of the Ellis Property and a Southwest corner of Crain Co. Property; thence Southeastwardly along a re-entrant line of Ellis and a South line of Crain Co. Property, S 88°12’22” E, a distance of 5075.23 feet to a set iron on the West side of Cash Road; thence Southeastwardly and continuing along a re-entrant line of Ellis and a South line of the Crain Co Property S 85°50’32” E, passing thru a set iron online at the East side of Cash Road at 44.45 feet, but in all a distance of 1977.60 feet to a set iron at the interior corner of Ellis, also being a Southeast corner of the Crain Co Property; thence Northeastwardly along a re-entrant line of Ellis and an East line of the Crain Co. Property, also along the East line of Goodsey and Lizzie, N 04°09’28” E, passing thru a 42” Twin Pecan with wire online at 656.23 feet, and passing thru an old stump with wire online at 1590.09 feet, but in all a distance of 2492.00 feet to the point of beginning and containing 302.90 acres, more or less. 

However, there is excepted from 302.90 acres that portion occupied by the R.O.W. for Cash Road. Also subject to any existing and/or proposed R.O.W. or easement for an overhead electric power line along the East side of Cash Road, all as shown on plat of survey, recorded in Recorder’s Office for Tipton County, Tennessee, in Plat Cabinet B, Slide 18. 

All of the above property is all or part of the property described in the following deeds:

Book 1205Page 268

Book 1205Page 278

Book 1205Page 283

Book 1205Page 288

Book 1362Page 675

Book 1362Page 680

Subject to Boundary agreement of record in Book 519, Page 377.

Parcel Nos. 58-2.00; 58-2.01; 58-2.02; 58-4.01; 61-1.00; 61-1.01; 61-1.02; 61-1.02T.001; 61-2.00; 61-2.02; 91-1.00

OTHER INTERESTED PARTIES:  Woodstock Finance, LLC

The street address of the above described property is unknown but such address is not a part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.

All right and equity of redemption, Statutory and otherwise, homestead and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but John B. Philip or Paul N. Royal or James A. Crislip, Jr., Substitute Trustee, will sell and convey only as Substitute Trustee, subject to any prior deeds of trust, real estate taxes, assessments and liens.

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 the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder will be deemed the successful bidder.

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.

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

 

John B. Philip, Paul N. Royal, James A. Crislip, Jr., Substitute Trustees

Crislip, Philip & Associates

By:  John B. Philip, Attorney

901.525.2427

 

PUBLICATION DATES:   March 27, April 3 and April 10, 2014 

 

NOTICE TO CREDITORS

Case Number 84CH1-2014-PR-3227

Estate of BILLY DAVID HOWARD, Deceased

 

Notice is hereby given that on March 24, of 2014 letters testamentary (or of administration as the case may be) in respect of the estate of BILLY DAVID HOWARD, who died 2/16/2014, were issued to the undersigned by the Tipton County Chancery Court of Tipton 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 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 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 the first publication (or posting) as described in (1)(A); or

 

(2)Twelve (12) months from the decendent’s date of death.

 

All persons indebted to the above Estate must come forward and make proper settlement wit the undersigned at once.

 

ROBERT ARICK

ADMINSTRATOR

 

VIRGINIA GRAY, CLERK AND MASTER

1801 S. COLLEGE ST., SUITE 110

COVINGTON, TN 38019

27mar2wp

 

NOTICE TO CREDITORS

Case Number 84CH1-2014-PR-3226

Estate of SARAH ANN DAWSON, Deceased

 

Notice is hereby given that on March 21 of 2014 letters testamentary (or of administration as the case may be) in respect of the estate of SARAH ANN DAWSON, who died 2/28/2014, were issued to the undersigned by the Tipton County Chancery Court of Tipton 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 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 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 the first publication (or posting) as described in (1)(A); or

 

(2)Twelve (12) months from the decendent’s date of death.

 

All persons indebted to the above Estate must come forward and make proper settlement wit the undersigned at once.

 

HAROLD PAUL DAWSON

EXECUTOR

 

VIRGINIA GRAY, CLERK AND MASTER

1801 S. COLLEGE ST., SUITE 110

COVINGTON, TN 38019

3apr2wp

 

SUBSTITUTE TRUSTEE’S SALE

Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed December 15, 2008 by David Dajnowski, a married man and Crystal Dajnowski, a married woman to John C. Clark, as Trustee, as same appears of record in the office of the Register of TIPTON County, Tennessee, in Record Book 1420, Page 743, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register’s Office, and the owner of the debt secured, Nationwide Advantage Mortgage Company, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Thursday, April 24, 2014 commencing at 10:00 AM, at the Front (North) Door of the Courthouse, Covington, TIPTON County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, towit:

 

Situated in County of TIPTON, State of Tennessee.

 

Beginning at a point in the center line of Burkhardt Road, said point being the Northwest corner of stakes tract (see Deed Book 486, Page 498 of the Register’s Office of Tipton County, Tennessee), and being a corner of said 11.5 acre tract herein described; thence Eastwardly along said center line of road a distance of 145.0 feet to the Southwest corner of Jones (see Deed Book 486, Page 253, of said Register Office); thence North 7° West 986.72 feet to a point in the South line of Witherington; thence along said South line to North 85 degrees 45 minutes west 408.5 feet to an angle point in Witherington; thence South 8°, 10 minutes East, 222.5 feet to the Northeast corner of Mortgage (see Deed Book 497, Page 255, of said Register’s Office); thence with Morgan’s East line South 6° 59 minutes East, 1324.08 feet to a point; thence North 32° 54 minutes East 237.5 feet to a point in the West line of Stackes; thence with Stackes West line Northeastwardly a distance of 350 feet to the point of beginning.

 

Tax Parcel ID: 093-037.10

 

Property Address: 548 Burkhardt Road, Drummonds, TN.

 

All right and equity of redemption, homestead and dower 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.

 

ARNOLD M. WEISS, Substitute Trustee

Weiss Spicer Cash PLLC

208 Adams Avenue

Memphis, Tennessee   38l03

90l5268296

File # 2339-112549-FC

Published:April 3, April 10, April 17

Nationwide Advantage Mortgage Company/David  Dajnowski 

 

NOTICE OF SUBSTITUTE TRUSTEE’S SALE 

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated January 17, 2008, executed by Aaron C. Thomas and Jamie J. Thomas, conveying certain real property therein described to ROBERT M. WILSON, JR., as Trustee, as same appears of record in the Register’s Office of Tipton County, Tennessee recorded January 28, 2008, in Deed Book 1380, Page 740-753; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Tipton County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on May 8, 2014 at 11:00 AM at the North Entrance of the Tipton County Courthouse , located in Covington, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Tipton County, Tennessee, to wit: LOT 36, OLIVER WOODS SUBDIVISION, AS SHOWN ON PLAT OF RECORD IN PLAT CABINET H, SLIDE 443, OF THE REGISTER`S OFFICE OF TIPTON COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID PROPERTY. BEING THE SAME PROPERTY CONVEYED TO AARON C. THOMAS AND WIFE, JAMIE J. THOMAS BY WARRANTY DEED BEING FILED FOR RECORD SIMULTANEOUSLY HEREWITH. TO THE FIRST DEED OF TRUST BEING FILED FOR RECORD SIMULTANEOUSLY HEREWITH. JAMIE J. THOMAS, WIFE OF AARON C. THOMAS JOINS HEREIN FOR THE PURPOSE OF GRANTING, BARGAINING, SELLING, CONVEYING AND CONFIRMING AND DOES HEREBY GRANT, BARGAIN, SELL, CONVEY AND CONFIRM UNTO THE PARTY OF THE SECOND PART, ITS SUCCESSORS AND ASSIGNS, ALL RIGHTS, CLAIMS AND INTERESTS OF EVERY KIND, CHARACTER AND DESCRIPTION WHATSOEVER, WHICH SHE NOW HAS OR HEREAFTER MAY ACQUIRE BY VIRTUE OF HER MARRIAGE, INCLUDING, BUT NOT LIMITED TO, HOMESTEAD AND ANY INTEREST IN THE ABOVE-DESCRIBED REAL PROPERTY AS ALL OR A PART OF AN ELECTIVE SHARE OF A SURVIVING SPOUSE AS PROVIDED BY THE LAWS OF THE STATE OF TENNESSEE, BUT THE SAID JAMIE J. THOMAS DOES NOT JOIN IN THE COVENANTS AND WARRANTIES OF THIS INDENTURE AND IS NOT IN ANY WAY OBLIGATED FOR THE PAYMENT OF THE INDEBTEDNESS SECURED HEREBY. TAX ID NUMBER: D07; 127LA; 036.00 Parcel ID: 127L-A-36.00 PROPERTY ADDRESS: The street address of the property is believed to be 65 N Oleta Ave, Atoka, TN 38004. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): Aaron C. Thomas and Jamie J. Thomas OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower 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. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #68847: 2014-04-10  2014-04-17, 2014-04-24  

 

NOTICE OF FORECLOSURE SALE

STATE OF TENNESSEE, TIPTON COUNTY

 

WHEREAS, Nathan A. Howe and Darla R. Taylor Howe executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for First Citizens National Bank, Lender and Katie Winchester, Trustee(s), which was dated September 13, 2005 and recorded on September 22, 2005, Book 1232, Page 497, and subsequently assumed on May 18, 2009 by Mary L Brown and William R Brown, SR, via loan assumption agreement recorded July 23, 2009 at Book 1446, Page 189-190 Tipton County, Tennessee Register of Deeds.

 

WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, CitiMortgage, Inc., (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Tipton County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and

 

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on May 1, 2014, at 12:00PM at the usual and customary location at the Tipton County Courthouse, Covington, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Tipton County, Tennessee, to wit:

 

Lot 18, Section B, Whippoorwill Estate Subdivision, as shown on plat of record in Plat Cabinet A, Slide 161 in the Register’s Office of Tipton County, Tennessee, to which plat reference is hereby made for a more particular description of said property.

 

Being the same property conveyed from Nathan A. Howe and Darla R. Taylor Howe to Mary Lou Brown and William R. Brown by warranty deed recorded in Book 1446, Page 188 in the said Register’s Office.

 

Being the same property conveyed herein from Edward Earl Howe and Eva Bernadette Howe to  via Warranty Deed recorded in Book 1232, Page 496 in the said Register’s Office.

 

Parcel ID Number: 125K B 018.00

Address/Description: 313 Whippoorwill Circle, Millington, TN 38053.

Current Owner(s): Mary Lou Brown.

Other Interested Party(ies): Midland Funding LLC as assignee of FNCB Newport News.

 

The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and

 

All right and equity of redemption, statutory or otherwise, homestead, and dower 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.  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.

 

This office is attempting to collect a debt.  Any information obtained will be used for that purpose.

 

Brock & Scott, PLLC, Substitute Trustee

c/o Tennessee Foreclosure Department 

277 Mallory Station Road

Suite 115

Franklin, TN 37067

PH: 615-550-7697 FX: 615-550-8484

File No.: 14-00601

10apr3w

 

TRUSTEE’S SALE

   Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed May 25, 2006 by Susan Pemberton (married) to Arnold M. Weiss, Attorney, as Trustee, as same appears of record in the office of the Register of Tipton County, Tennessee, in Record Book 1281, Page 285*, and the owner of the debt secured, The Bank of New York Mellon Trust Company, N.A.. as trustee on behalf of CWABS Asset-Backed Certificates Trust 2006-8, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Thursday, May 1, 2014 commencing at 10:00 AM, at the Front (North) Door of the Courthouse, Covington, Tipton County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, towit:

 

Situated in County of Tipton, State of Tennessee.

 

The following described property situate in the City of Covington, County of Tipton, and State of Tennessee, to wit: The following described real estate lying and being in the 1st Civil District of Tipton County, Tennessee, and thus described: Beginning at an 80 penny nail final in the centerline of Solo Road (50’ R.O.W.) at the northeast corner of Daniel Bucey’s Lot (680/384) said point being an east interior corner of Hazel A. Hill’s property recorded in Deed Book 659, Page 506, then north 03°38’52” east, 170.37 feet along the said centerline to the intersection of the centerline of Rayburn Road (50’ R.O.W.); then north 05°50’32” west, 45.95 feet along the centerline of Rayburn Road to the northeast corner of this partition; then leaving the road and running north 88°14’53” west along the north line of this partition, and passing an iron pin set at 23.33 Feet, but continuing for a total distance of 300.00 feet to an iron pin set for the northwest corner; then south 01°43’02” west, 225.00 feet along the west line of this partition to an iron pin set in Bucey’s north line; then south 88°16’58” east along Bucey’s north line following the alignment of a post and wire fence and passing an iron pin found at 275.31 feet, but continuing for a total distance of 300.00 feet to the point of beginning, encompassing 68,152 square feet or 1.56 acres of land, more or less. According to survey of Raymond E. Pittman, P.O. Box 1218, Munford, TN 38058, dated October 16, 1992. *Subject to Court Order of record in Record Book 1550, Page 757, to include the title interest of Helen Black and Paul Pemberton. 

 

Tax Parcel ID: 24/25.05

 

Property Address: 947 Solo Road, Covington, TN.

 

Other Interested Parties: Paul Pemberton; Helen Black 

 

All right and equity of redemption, homestead and dower waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Trustee.

 

ARNOLD M. WEISS, Trustee

Weiss Spicer Cash PLLC

208 Adams Avenue

Memphis, Tennessee   38l03

90l5268296

File # 7134-112334-FC

 

Published:April 10, April 17, April 24

       

Green Tree Servicing LLC/Susan Pemberton

 

NOTICE TO CREDITORS

Case Number 84CH1-2014-PR-3230

Estate of ERLINDA N. BECKETT, Deceased

 

Notice is hereby given that on March 28, of 2014 letters testamentary (or of administration as the case may be) in respect of the estate of ERLINDA N. BECKETT, who died 12/20/2013, were issued to the undersigned by the Tipton County Chancery Court of Tipton 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 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 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 the first publication (or posting) as described in (1)(A); or

 

(2)Twelve (12) months from the decendent’s date of death.

 

All persons indebted to the above Estate must come forward and make proper settlement wit the undersigned at once.

 

JOYCE . TURNER

JO ANN RYE

CO-ADMINISTRATORS

 

VIRGINIA GRAY, CLERK AND MASTER

1801 S. COLLEGE ST., SUITE 110

COVINGTON, TN 38019

10apr2wp

 

NOTICE OF HEARING

Jason Lee Pelcha and Kassandra Dawn White

VS.

Father of Jaydon Lee White, Respondent

JUVENILE COURT CLERK

TIPTON COUNTY

COVINGTON, TENN .

To: Father of Jaydon Lee White

Whereabouts unknown

 

You are hereby notified that the Petition for Custody has been set for hearing on the day of May 7, 2014. at 9:00 a.m. in the Juvenile Court of Tipton County. Tennessee. Covington, Tennessee.

William Monroe. Esq.

6000 Poplar Avenue

Suite 250

Memphis, TN 38103

901-202-4747

Cc: Court Clerk & Master

 

IN THE TIPTON COUNTY, JUVENILE COURT

In Re: Jaydon Lee White DOB 6/1212013

 

Jason Lee Pelcha DOB 9/2/1983

and Kassandra Dawn White DOB 3/27/1993,

 

Co-Petioners,

 

PETITION for CUSTODY

COME NOW your Petitioners, Jason Lee Pelcha and Kassandra Dawn White and in support of this Petition as to Custody of the Minor Child, Jaydon Lee White would state as follows:

1. Petitioner is a resident citizen of Tipton County, Tennessee and is not the biological father ofthe minor child, Jaydon Lee White, who is presently under one years of age.

2. Co-Petitioner is a resident citizen of Tipton County, Tennessee and is the biological mother of the child and has never been married to the Co-petitioner.

3. The Mother’s and child’s address for the last four months was 419 Rayburn Road, St. Louis, Missouri

4. The Mother’s and child’s address from the date ofthe child’s birth until four month’s ago was 2006 Detroit Road, Burlison, Tennessee.

5. The Mother and Co-Petitioner does not know who is the biological father ofthe child and no one has claimed to be the biological father.

6. The Mother and Co-Petitioner does not have a current residence, is unemployed and has no means to care for or raise the minor child.

7. The Mother and Co-Petitioner states that Jason Pelcha has formed a bond with the minor child and is fully able and willing to care for Jaydon Lee White.

8. Jason Lee Pelcha states that he is of good moral character and that he has the means and desire to properly raise and care for Jaydon Lee White

9. Jason Lee Pelcha states that he has formed an emotional bond with Jaydon Lee White and that your Co-Petitioner desires to have permanent custody of the child and to assume the role of father with the child.

10. The Mother and Co-Petitioner states that she desires to surrender permanent custody of Jaydon Lee White to Jason Pelcha as it is in the child’s manifest best interests to do so.

 

WHEREFORE PREMISES CONSIDERED Petitioner prays:

I. That this Petition be filed in this cause.

2. That immediate custody of the parties’ minor children be granted to the Petitioner pending the outcome of the Petition for Change of Custody;

4. That the Court appoint a Guardian ad Litem to conduct an investigation and make a report to the Court should the court deem it necessary;

5. That proper notice publish to the putative father whose identity is unknown stating that this matter is pending and that he should come forward and protect his rights.

6. That sole custody ofthe minor children be awarded to the Petitioner based upon the facts set forth above;

7.That the child henceforth be known as Jaydon Lee Pelcha.

8.For general, further and other relief as to which the Petitioner may be entitled.

 

Respectfully submitted,

 

THE MONROE FIRM, P.L.L.C.

 

William M. Monroe (#4761)

Attorney for Petitioner

6000 Poplar Ave suite 250

Memphis, TN 38119

(901)202-4747

 

STATE OF TENNESSEE

COUNTY OF SHELBY

 

We, Jason Lee Pelcha and Kassandra Dawn White, having been duly sworn, make oath that the facts and matters set forth above are true and correct. We also ask the Court to approve the prayers set forth above as they are in the best interests of Jaydon Lee White.

 
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