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.: P23-2733
IN THE MATTER OF THE ESTATE OF:
KENNETH VERLYN JUSTICE, Deceased resident of Lawrence County, Tennessee.
Notice is Hereby given that on the 8th day of February, 2023, Letters of Administration, in respect of the Estate of KENNETH VERLYN JUSTICE, who died January 22, 2023, 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 8th day of February, 2023.
Clerk & Master
Alan C. Betz
Attorney for the Estate
P.O. Box 488
Lawrenceburg, TN 38464
FORECLOSURE SALE NOTICE
WHEREAS, Clarence W. Osborn, Jr., an unmarried person, by Deed of Trust dated April 4, 2008, of record in Book 288, page 970, Register’s Office for Lawrence County, Tennessee (the “Deed of Trust”), conveyed to Howard W. Tignor, 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 703, page 29, 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 March 29, 2023 at 2:00 p.m., 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 10th Civil District of Lawrence County, Tennessee, adjacent to and west of a new cut road, about 0.25 mile south of Ware Road and described as follows:
BEGINNING at an iron pin in the west margin of the new cut road, 1364 feet south of the intersection of Ware Road and Red Hill-Center Road; thence with the west margin of the new cut road, South 7 degrees 11 minutes 24 seconds East 305.61 feet; South 9 degrees 19 minutes 48 seconds East 77.31 feet; South 23 degrees 46 minutes 49 seconds East 114.72 feet; South 39 degrees 54 minutes 16 seconds East 299.68 feet to a large oak tree; thence South 0 degrees 14 minutes 14 seconds West 187.89 feet to an iron pin, a corner of B&K Inc; thence with the NBL of B&K Inc, North 76 degrees 04 minutes 12 seconds West 813.23 feet to an iron pin placed in the EBL of James F. Knott; thence with Knot’s EBL, North 5 degrees 38 minutes 11 seconds East 184.46 feet to an iron pin in the SBL of W.B. Morrow; thence with Morrow’s SBL, a fence, South 75 degrees 54 minutes 25 seconds East 434.01 feet to a corner post; thence with Morrow’s EBL, a fence, North 5 degrees 36 minutes 30 seconds East 631.49 feet to the point of beginning, containing 5.0 acres, more or less.
Description is in accordance with survey made by J.T. Dixon, TRLS #668, on April 24, 1991.
Being the same property conveyed to CLARENCE WALKER OSBORN, JR., by deed from HOMER FAULKNER, JR. AND WIFE, SHARON D. FAULKNER, of record in Book 168, page 927, dated August 13, 2004, said Register’s Office.
INCLUDED IN THE ABOVE DESCRIPTION BUT EXCLUDED FROM THIS CONVEYANCE IS THE FOLLOWING DESCRIBED PROPERTY:
A certain tract or parcel of land in the 10′ Civil District of Lawrence County, State of Tennessee as follows:
Adjacent to and west of North Spring Forks, about 1/4 mile south of the intersection with Ware Road and Redhill-Center Road, BEGINNING at an iron pin on the West margin of North Spring Forks, in the EBL of W.B. Morrow; thence with the West margin of said road, South 7 degrees 11 minutes 24 seconds East 305.61 feet; South 9 degrees 19 minutes 48 seconds East 77.31 feet; South 23 degrees 46 minutes 49 seconds East 114.72 feet; South 39 degrees 54 minutes 16 seconds East 299.68 feet to a large oak, the NE corner of Homer Faulkner, Jr.; thence with Faulkner’s NBL, North 76 degrees 14 minutes 58 seconds West 361.36 feet to a post, the SE corner of W.B. Morrow; thence with Morrow’s EBL, North 5 degrees 36 minutes 30 seconds East 631.49 feet to the point of beginning, containing 1.63 acres more or less. According to survey of J.T. Dixon, TRLS NO. 668, dated June 24, 1993.
This exclusion being the same property conveyed to Clarence W. Osborn, Jr. from Homer Faulkner, Jr. and wife, Sharon D. Faulkner by deed dated August 17, 1993 of record in Deed Book 269, Page 680, ROLC, Tennessee.
The address of the property is, upon best information and knowledge, believed to be 5 Big Springs Fork, Lawrenceburg, Tennessee 38464 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:
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 17th day of February, 2023
Thomas W. Lawless, Substitute Trustee
LAWLESS & ASSOCIATES, P.C.
Suite 403, The Customs House
Nashville, TN 37203
Insertion Dates: March 1, 8 & 15, 2023