NOTICES 11-23-22
FORECLOSURE SALE NOTICE
WHEREAS, Richard C. Kimbrell and wife, Samantha D. Kimbrell, by Deed of Trust dated April 28, 2014, of record in Book 432, page 368, 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 696, page 91, 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 December 9, 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:
Situated, lying and being in the 14th Civil District (from old deed), of Lawrence County, Tennessee, in the town of St. Joseph, along and northeast of West Point Road, (Bluff Road), and along and west of Fowler Drive, about 38 feet north of Depot Street to the east, and being described by metes and bounds as follows:
Beginning at an iron rod set in the intersection of the west margin of Fowler Drive with the northeast margin of West Point Road, (Bluff Road), said rod being about 38 feet north of the center of Depot Street from the east, with the said rod being the SE corner of this tract; thence with the margin of West Point Road, (Bluff Road), N 39 degrees 33 minutes W passing a utility pole at 8 feet, continuing on, in all 318.8 feet to a utility pole; thence with the said margin, N 34 degrees 42 minutes W 90.0 feet; N 25 degrees 54 minutes W 50.0 feet; and N 21 degrees 24 minutes W 32.5 feet to an iron rod set in the said margin, being the NW corner of this tract and a corner with a tract of Dana Ellis, et ux, (DB 212, Page 1); thence leaving the road with the south line of Ellis, along a row of round posts set, along an old agreed line of record in Deed Book 180, Page 183, and along a turn row, S 83 degrees 27 minutes E 272.0 feet to a 10 inch cedar and fence corner, Ellis’ SE corner; thence with an old fence and south line of a tract of Daniel Marques, (DB 261, Page 273), S 83 degrees 00 minutes E 66.0 feet to an iron rod set in the west margin of Fowler Drive, being the NE corner of this tract; thence with the said road margin, S 3 degrees 39 minutes W 110.0 feet; S 7 degrees 40 minutes W 100.0 feet; and S 10 degrees 35 minutes W 149.6 feet to the point of beginning. The surveyed tract contains 1.47 AC+/-, more or less.
Being the same property conveyed to RICHARD C. KIMBRELL AND WIFE, SAMANTHA KIMBRELL, by deed from LINDA GAIL EARNEST RODEN F/K/A LINDA GAIL EARNEST, of record in Deed Book 305, page 429, dated April 16, 1999, said Register’s Office.
The address of the property is, upon best information and knowledge, believed to be 26 Bluff Road, St. Joseph, Tennessee 38481 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 10th day of November, 2022
Thomas W. Lawless, Substitute Trustee
LAWLESS & ASSOCIATES, P.C.
Suite 403, The Customs House
701 Broadway
Nashville, TN 37203
(615) 351-7839
Run Dates: November 16, 23 & 30, 2022
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.: P22-2692
IN THE MATTER OF THE ESTATE OF:
EDWARD LEE STEELE, Deceased resident of Lawrence County, Tennessee.
Notice is Hereby given that on the 7th day of November, 2022, Letters of Administration, in respect of the Estate of EDWARD LEE STEELE, who died September 2, 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 7th day of November, 2022.
Jason Steele
Administrator
Adam Steele
Administrator
Kristy Gang
Clerk & Master
Shelia Workman
Deputy Clerk
Alan C. Betz
Attorney for the Estate
P.O. Box 488
Lawrenceburg, TN 38464
P/N16,23