NOTICES 9-14-22
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
Default having been made in the payment of the debts and obligations described in and secured by a certain Deed of Trust executed by Mitchell Hart, unmarried man to White and Betz, as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for First National Mortgage Services, LLC, its successors and assigns, recorded January 25, 2013 in Lawrence County Register’s Office at Book 401 Page 568 as last assigned to J.P. Morgan Mortgage Acquisition Corp., and the undersigned having been appointed Successor Trustee by instrument recorded in said Register’s Office, this is notice that the undersigned will on October 20, 2022 at 11:00am local time, at the Lawrence County Courthouse, 240 West Gains Street, Lawrenceburg, Tennessee proceed to sell at public outcry to the highest and best bidder for cash the following property located in Lawrence County, Tennessee, which will be sold to the highest call bidder subject to all unpaid taxes, assessments or easements, liens, zoning ordinances, restrictions, covenants and any security deeds, mortgages or deeds of trust superior to the Deed of Trust first set out above, any prior liens, and encumbrances of record.
Described property is Situated, lying and being in the 5th Civil District of Lawrence County, Tennessee and being more fully described as follows:
Being Tract No. 9 of MIDTOWN ESTATES, a plat of which is of record in Plat Cabinet C, Slide 36, Register’s Office of Lawrence County, Tennessee. Said Tract is subject to the Restrictive Covenants of record in Record Book 301, Page 110, ROLCo., Tennessee. This also being the same property conveyed to Mitchell Hart from BG Properties, LLC., A Tennessee Limited Liability Company by deed dated January 23, 2013, of record in Record Book 401, Page.566, ROLCo., Tennessee.
Property Address: 137 Dave O Lane S., Loretto, TN 38469
TAX ID: 133 013.08 000
Current Owner(s) of Property: Mitchell Hart, unmarried man
The street address of the above described property is believed to be 137 Dave O Lane S., Loretto, TN 38469 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 in the referenced Deed of Trust herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
Other Interested Parties: NONE
All right of equity of redemption, statutory and otherwise, and homestead 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 cancel the sale or adjourn the sale to another day, time and place certain without further publication, upon announcement of the time and place for the sale set forth above. If you purchase the property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of certified bank check made payable to Solomon Baggett, LLC Escrow Account. No personal checks will be accepted. 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 by the Substitute Trustee at any time.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Robert J. Solomon
Substitute Trustee
Solomon | Baggett, LLC
3763 Rogers Bridge Road
Duluth, Georgia 30097
(678) 243-2515
Our File No. CMS.03277
9/14/22, 9/21/22, 9/28/22
NOTICE OF FORECLOSURE SALE
WHEREAS, by Deed of Trust (the “Deed of Trust”) dated September 26, 2017, and of record in Trust Deed Book 518, page 253, Register’s Office of Lawrence County, Tennessee, Jason Scott Hanson a/k/a Jason S. Hanson and wife, Jynifer Hanson a/k/a/ Jynifer D. Hanson, did convey certain real estate unto Meade C. Hopkins or David Barnes, Trustees, in trust, to secure the payment of a certain promissory note (the “Note”) described in the Deed of Trust as hereinafter described, and
WHEREAS, Bank of Frankewing of Frankewing, Tennessee, is the owner and holder of the Note secured by the Deed of Trust hereinabove referred to, and
WHEREAS, by instrument of record in Trust Deed Book 548, page 571, Register’s Office of Lawrence County, TN, Meade C. Hopkins or Robert C. Henry, was appointed as Substitute Trustees, and
WHEREAS, the real estate and improvements (“Property”) described in the Deed of Trust is as follows:
Being and lying in the 9th Civil District of Lawrence County, Tennessee, West of and adjacent to Miller Lane, being more particularly described as follows:
Beginning at an iron pin found, said pin being in the East boundary of Cowart Jennings as recorded in Deed Book 183, page 81, Register’s Office of Lawrence County, Tennessee, and being the SW corner of Timothy McMasters as recorded in Deed Book 276, Page 613, Register’s Office of Lawrence County, Tennessee, and being the NW corner of the tract being described; thence with McMasters South 87 degrees 08 minutes 59 seconds East 148.18 feet to an iron pin found, said pin being the SE corner of McMasters and the SW corner of Tarzan Hedgepeth as recorded in Deed Book 233, Page 402, Register’s Office of Lawrence County, Tennessee; thence with Hedgepeth South 87 degrees 11 minutes 19 seconds East, passing the SW corner of Hedgepeth and the SW corner of James Blunt as recorded in Deed Book 244, Page 387, Register’s Office of Lawrence County, Tennessee, and continuing with Bunt, passing an iron pin found at 251.53 feet, in all 271.27 feet to a point in the center of Miller Lane, said point being the SE corner of Bunt and the NE corner of the tract being described; thence with the center of said lane South 4 degrees 20 minutes 01 seconds East 68.71 feet, South 11 degrees 55 minutes 04 seconds East 90.30 feet, South 26 degrees 06 minutes 31 seconds East 47.39 feet to a point, said point being in the remaining property of Michael A. Cayll, et ux, as recorded in Deed Book 277, Page 495, Register’s Office of Lawrence County, Tennessee, and being the eastern most SE corner of the tract being described; thence leaving the center of said lane with a new Cayll division line North 87 degrees 15 minutes 18 seconds West, passing an iron pin set at 30.69 feet in all 266.61 feet to an iron pin set, South 3 degrees 55 minutes 00 seconds West 208.43 feet to an iron pin set, said iron being the southern most SE corner of the tract being described; thence continuing with said division line North 87 degrees 01 minute 15 seconds West 211.16 feet to an iron pin set, said iron pin being in the East boundary of Jennings, and the SW corner of the tract being described; thence with Jennings North 3 degrees 56 minutes 46 seconds East 405.25 feet to the point of beginning and containing 3.01 acres as surveyed by Kenneth Carroll, R.L.S., Tennessee License Number 1335, May 1997.
INCLUDED IN THE ABOVE DESCRIPTION BUT EXCLUDED FROM THIS CONVEYANCE ARE THE FOLLOWING TRACTS:
EXCLUSION TRACT 1:
A 1.00 acre tract of land conveyed to Kuljit Singh and wife, Joyce C. Singh by Deed dated May 28, 2002, of record in Record Book 79, Page 517, Register’s Office of Lawrence County, Tennessee.
EXCLUSION TRACT 2:
A .45 acre tract of land to Kuljit Singh and wife, Joyce C. Singh by Deed dated July 23, 2005, from Randall Hanson a/k/a Randall Hansen and wife, Jo Ann Hanson a/k/a Jo Ann Hansen, of record in Record Book 200, Page 73, Register’s Office of Lawrence County, Tennessee.
This being the same property conveyed to Jason S. Hanson and wife, Jynifer D. Hanson by Warranty Deed dated December 15, 2008 from Randall Hanson and wife, Jo Ann Hanson of record in Deed Book 308, page 57, Register’s Office of Lawrence County, Tennessee.
Map 73, Parcel 25.05
The address of the above-described property is 1427 Miller Ln., Lawrenceburg, TN 38464.
THIS SALE IS SUBJECT TO any matters shown on any applicable recorded plat; and governmental zoning thereon; any restrictive conditions or declarations, covenants or restrictions; any easements; any building setback lines; any matters which might be disclosed by an accurate survey and inspection of the Property and any assessments, prior liens or encumbrances, outstanding real property taxes and/or assessments, priority created by fixture filings or items not extinguished by foreclosure pursuant to Tennessee law, and any matters of record superior to the Deed of Trust first reference above. The Property and all appliances, fixtures and systems included are to be sold AS IS WHERE IS, without representations or warranties or representations of any kind whatsoever, whether express or implied, as to the condition of the Property, appliances or systems. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Both the bank and the Trustee, specifically, without limiting the foregoing, disclaims any knowledge of, and liability to Purchasers for, any conditions which may exist on the premises, including, but not limited to, toxic or hazardous substances, asbestos, underground storage tanks, radon gas, lead based paint, infestation of wood by insects, or structural deficiencies from whatever source or cause.
This Property will be sold subject to the following:
1. 25 feet to a 50 foot in width road ROW of Miller Lane.
2. Any and/or all power-line ROW and/or easements.
3. 20 foot easement from Miller Lane.
4. The restriction that no mobile home shall be placed on subject property as set out in Record Book 308, page 57, Register’s Office of Lawrence County, Tennessee.
In addition to the above-named debtors, other interested parties of record are:
Lawrence County Solid Waste
(Record Book 546, page 118, ROLCT)
Capital One Bank (USA), N.A.
(Record Book 679, page 633, ROLCT)
WHEREAS, the Deed of Trust was made to secure the payment of the Note therein set out and contained the power to sell in case of default in the payment of the Note and interest at maturity, and
WHEREAS, default has been made in the payment of the Note and the owner and holder of said Note has demanded the undersigned to foreclose the Deed of Trust so that the Property is advertised and sold according to its terms in order to collect the Note and the cost of foreclosure.
NOW, THEREFORE, I, the undersigned, Robert C. Henry, Substitute Trustee, will in accordance with the terms set out in the Deed of Trust above referred to, on September 23, 2022, at 12:00 P.M., at the East Door of the Lawrence County Courthouse, offer for sale and sell the Property at public auction to the highest and best bidder for cash, free from all legal, equitable and statutory rights of redemption, and free from homestead, rights by virtue of marriage and all other exemptions of every kind, all of which have been waived in the Deed of Trust, and all in accordance with the provisions of the Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding taxes for the year 2022 and all prior taxes, if any.
The Property and all appliances, fixtures and systems included are to be sold AS IS WHERE IS, without representations or warranties or representations of any kind whatsoever, whether express or implied, as to the condition of the Property, appliances or systems. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
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 applicable notices required pursuant to T.C.A. § 35-5-101 have been provided by Lender or its representative.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This, the 20th day of July, 2022.
Robert C. Henry, Substitute Trustee
HENRY, HENRY & UNDERWOOD, P.C.
By: ____________________________
Robert C. Henry, Reg. #5030
Attorneys for Substitute Trustee
P. O. Box 458
Pulaski, TN 38478-0458
(931) 363-4571
FORECLOSURE SALE NOTICE
WHEREAS, Austin Michael Stephens, unmarried, a single person by Deed of Trust dated May 6, 2014, of record in Book 431, page 948, Register’s Office for Lawrence County, Tennessee (the “Deed of Trust”), conveyed to William B. Bryant, Trustee, the hereinafter described real property to secure the payment of a certain indebtedness, etc. (“Indebtedness”) as described in said Deed of Trust; and
WHEREAS, Thomas W. Lawless of Davidson County, Tennessee has been appointed Substitute Trustee by CapStar Bank successor in interest to The Bank of Waynesboro, the owner and holder of the Indebtedness by instrument of record in Book 687, page 64, Register’s Office for Lawrence County, Tennessee, with authority to act under the powers given the Trustee under the Deed of Trust and by applicable law; and
WHEREAS, default(s) under the Indebtedness secured by the Deed of Trust have occurred; and
WHEREAS, the owner and holder of said Indebtedness has demanded that the real property encumbered by the Deed of Trust be advertised and sold in satisfaction or partial satisfaction of said Indebtedness and the cost of said foreclosure, in accordance with the terms, conditions and provisions of the loan documents and the Deed of Trust.
NOW, THEREFORE, notice is hereby given that the Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and under applicable law, will on September 28, 2022 at 12:00 noon, prevailing time, at the main door of the Lawrence County Courthouse, 240 W. Gaines Street, Lawrenceburg, Tennessee offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory right of redemption or otherwise, homestead, dower, elective share and all other rights of exemption of every kind as waived in said Deed of Trust, certain property situated in Lawrence County, Tennessee, described as follows, to-wit:
TRACT 1:
Situated, lying and being in the 5th Civil District of said County and State in the Leoma Community on the south side of Old Shoal Creek Road and being a portion of land conveyed to John Sanders in Deed Book 170, Page 73, ROLC., Tn. described as follows:
BEGINNING on a stake on the south side of Old Shoal Creek Road and west side of T.V.A. Road to a tower about 475 feet west of the original corner of John Sanders’ northeast corner; thence South 191/2 degrees West with T.V.A. Road west side of Road to Tower 210 feet to stake; thence across field, South 85 degrees West 210 to stake; thence North 191/2 degrees East across filed 210 feet to stake on south side of Old Shoal Creek Road; thence with south side of said Old Shoal Creek Road, North 85 degrees East 210 feet to the beginning, containing 1 acre, more or less, according to survey by R.G. Chapman, County Surveyor.
TRACT 2:
Situated, lying and being in the 5th Civil District of Lawrence County, Tn. in the Leoma Community on the south side of Old Shoal Creek Road and west of Stanley Clayton’s 1 Acre tract and being a portion of land conveyed to John Sanders in Deed Book 170, Page 73, ROLC., Tn. described as follows:
BEGINNING on a stake on the south side of Old Shoal Creek Road, the NW corner of Stanley Clayton’s 1 Acre tract; thence with Stanley Clayton’s west line South 191/2 degrees West 210 feet to stake, Stanley Clayton’s SW corner; thence South 85 degrees West 109-3/4 feet to stake, the SE corner of Harvell Shultz’s land; thence across field North 5 degrees West 206-1/2 feet to stake on south side of Old Shoal Creek Road; thence with south side of Old Shoal Creek Road, North 85 degrees East 64 feet to the beginning, containing 4/10 acre, more or less, according to survey by R.G. Chapman, dated June 6, 1978.
Being the same property conveyed to AUSTIN MICHAEL STEPHENS, by deed from LARRY W. BREWER AND WIFE, DEBORAH BREWER, of record in Book 431, page 946, dated May 6, 2014, said Register’s Office.
The address of the property is, upon best information and knowledge, believed to be 19 Old Shoal Creek Road, Leoma, Tennessee 38468 but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
This property is sold AS IS, WHERE IS AND WITH ALL FAULTS, and without any representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MECHANTABILITY, CONDITION OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
Other interested parties:
None
Subordinated Lienholders:
None
The right is reserved to (i) delay the sale to another time certain or adjourn the day of the sale to another day and time, without further publication and in accordance with law, upon announcement of said delay or adjournment on the day and time and place of the sale set forth above; (ii) sell the Property at the time fixed by the last postponement or to give new notice of sale; (iii) sell the Property in such lots, parcels, segments, or separate estates as the Substitute Trustee may choose; (iv) sell part of the Property and delay, adjourn, cancel, or postpone the sale of the remaining part of the Property; (v) sell the Property in whole and then to sell the Property in parts and to consummate the sale in whichever manner produces the highest sale price; (vi) to sell to the next highest bidder in the event any higher bidder does not comply with the terms of the sale.
The Substitute Trustee will make no covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the subject real estate by Trustee’s Quitclaim Deed as Substitute Trustee only and not otherwise.
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments (plus penalties, interest and costs) which exists as a lien against the said Property; any restrictive covenants, easements or setback lines that may be applicable; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any and all prior deeds of trusts, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this Foreclosure Sale is conducted or are not extinguished by this Foreclosure Sale. This sale is also subject to any matter that an inspection and accurate survey of the property might disclose.
Dated this 22nd day of August, 2022
Thomas W. Lawless, Substitute Trustee
LAWLESS & ASSOCIATES, P.C.
Suite 403, The Customs House
701 Broadway
Nashville, TN 37203
(615) 351-7839
Insertion Dates: August 31, September 7 & 14, 2022
PD/Au31,Sp7,14
IN THE PROBATE COURT OF LAWRENCE COUNTY, TENNESSEE
NOTICE TO CREDITORS
(As Required by Chapter No. 886, Public Acts of Tennessee 2012, TCA §30-2-306(b) )
CASE NO.: P22-2663
IN THE MATTER OF THE ESTATE OF:
REX ALEXANDER RHODES, Deceased resident of Lawrence County, Tennessee.
Notice is Hereby given that on the 31st day of August, 2022, Letters of Testamentary, in respect of the Estate of REX ALEXANDER RHODES, who died August 7, 2022, were issued to the undersigned by the Probate Court Clerk of Lawrence 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 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 the 31st day of August, 2022.
Carla Gregg
Co-Executor
Jenny Brown
Co-Executor
Kristy Gang
Clerk & Master
Cassie L. Price
Deputy Clerk
Alan C. Betz
Attorney for the Estate
P.O. Box 488
Lawrenceburg, TN 38464
P/Sp7,14