Legal and Public Notices for September 21, 2015

Legal and Public Notices for September 21, 2015

SUBSTITUTE TRUSTEE SALE NOTICE

 

WHEREAS, David L. Horner (“Borrower”), by a Deed of Trust, Security Agreement and Fixture Filing (hereinafter referred to collectively as the “Deed of Trust”) dated as of April 30, 2004, of record at Instrument No. 200404300100230, Register’s Office for Knox County, Tennessee, conveyed to Kenneth N. Holbert, Esq., as Trustee, for the benefit of CIT Small Business Lending Corporation (“CIT”), the hereinafter described real property to secure payment of that certain promissory note and other Indebtedness as described therein; and

WHEREAS, defaults occurred with respect to the promissory note and other indebtedness under the Deed of Trust; and

WHEREAS, B. Anthony Saunders, Esq. was appointed Substitute Trustee by CIT, the owner and holder of said Indebtedness under the Deed of Trust, pursuant to that Appointment of Substitute Trustee of record at Instrument No. 201011160030715, said Register’s Office; and

WHEREAS, the rights of CIT in the indebtedness secured by the Deed of Trust were subsequently transferred to ReadyCap Lending, LLC, a Delaware limited liability company (“ReadyCap”); and

WHEREAS, Borrower subsequently filed for protection under Chapter 11 of the U.S. Bankruptcy Code (Case No. 3:11-bk-30435-SHB) in the U.S. Bankruptcy Court for the Eastern District of Tennessee; and

WHEREAS, a Chapter 11 Plan was confirmed in Borrower’s bankruptcy proceedings but Borrower defaulted under the Plan with respect to his obligations to ReadyCap thereunder and the bankruptcy proceedings were subsequently dismissed on November 24, 2014; and

WHEREAS, ReadyCap, as the owner and holder of said indebtedness and obligations secured by the Deed of Trust, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction, at least in part, of said debts and the cost of the foreclosure, in accordance with the terms and provisions of said promissory note, other indebtedness and the Deed of Trust;

NOW, THEREFORE, notice is hereby given that I, B. Anthony Saunders, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on October 20, 2015 at 10:00 A.M., Eastern Daylight Savings Time, at the main entrance to the City/County Building for Knox County, Tennessee, nearest the main assembly room, 400 Main Street, Knoxville, Tennessee, 37902, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Knox County, Tennessee, known as 7804 Montvue Center Way, Knoxville, Tennessee, and further described as follows:

Property Description

SITUATED in the Fifth (5th) Civil District of Knox County, Tennessee, and within the 46th Ward of the City of Knoxville, Tennessee, and being known and designated as all of Lot 1 of the Resubdivision of O & C Properties, as shown by plat of record in Instrument #200301140061510, in the Register’s Office of Knox County, Tennessee, to which map specific reference is hereby made for more particular description.

Together with those easements of record in that certain Declaration of Easements, Covenants and Restrictions recorded in Instrument #200301140061509, in the Register’s Office of Knox County, Tennessee.

Together with terms and provisions of the easement for ingress and egress established by instrument of record in Deed Book 1772, page 880, and an easement to keep and maintain a sign within said easement as established by First Amendment to Easement Agreement of record in Deed Book 2280, page 455, said Register’s Office; terms and provision of the easement for ingress and egress established by instrument of record in Deed Book 1717, page 437, as amended in Deed Book 2280, page 455, said Register’s Office.

Being the same property conveyed to Elizabeth T. Horner and husband, David Lee Horner by Deed of Record in Instrument #200301210062893, Register’s Office, Knox County, Tennessee; and then, subsequently, conveyed to David L. Horner by Quitclaim Deed from Elizabeth T. Horner dated April 30, 2004, of record in Instrument #200404300100229, Register’s Office, Knox County, Tennessee.

The Substitute Trustee reserves the right to adjourn the sale on the advertised date 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 Substitute Trustee also reserves the right to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.

Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only.  Furthermore, and without limiting the above, this sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation county and/or city property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory or other rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens, encumbrances and other matters that may exist against or encumber the property.  This sale is also subject to any matter that an accurate survey of the property might disclose.

The Tennessee Department of Revenue claims a lien on the subject property, as set forth by Notice of State Tax Lien against David L. Horner and Beth T. Horner, of record at Instrument No. 200910120026250, Register’s Office for Knox County, Tennessee.  Notice required pursuant to T.C.A. §67-1-1401 has been timely given to the Tennessee Department of Revenue.  The sale of the property advertised hereby may be subject to the right of the Tennessee Department of Revenue to redeem the property, as provided for in T.C.A. §67-1-1433(c)(1) and §67-1-1420.  The Tennessee Department of Revenue also claims a lien for unpaid taxes against property owned by Classy Lady, Inc., pursuant to a Notice of State Tax Lien of record at Instrument No. 200910050024435, said Register’s Office.  Classy Lady, Inc. is not the owner of the subject real property but may be a tenant pursuant to a lease.  Notice is being given out of abundance of caution and without an admission that this Notice of State Tax Lien attaches to the subject real property.

PROPERTY ADDRESS:  7804 Montvue Center Way, Knoxville, TN 37919.

CURRENT OWNER:  David Lee Horner a/k/a David L. Horner.

SUBORDINATE OR OTHER POTENTIAL LIENHOLDERS:  (1) Knox County Tax Assessor’s Office; (2) City of Knoxville (city property taxes); (3) Knox County Trustee (county property taxes); (4) Johnson General Contracting, LLC, pursuant to a Notice of Mechanics and Materialman’s Lien of record at Instrument No. 200309110031185, Register’s Office for Knox County, Tennessee; (5) Classy Lady, Inc., pursuant to a Lease of record at Instrument No. 200404300100231, said Register’s Office,  dated May 1, 2004, between David L. Horner, as Lessor, and Classy Lady, Inc., as Lessee; (6) ReadyCap Lending, LLC Fixture Filing of record at Instrument No. 201506110068168, said Register’s Office; (7) the United States Department of the Treasury–Internal Revenue Service, pursuant to a lien for unpaid taxes against property owned by Classy Lady Boutique, Inc., as set forth by the following: (a) Notice of Federal Tax Lien of record at Instrument No. 200901070041858, said Register’s Office; and (b) Notice of Federal Tax Lien of record at Instrument No. 201301140046174, said Register’s Office; (8) the United States Department of the Treasury–Internal Revenue Service, pursuant to a lien for unpaid taxes against property owned by Beth T. Horner, as set forth by Notice of Federal Tax Lien of record at Instrument No. 201104150060922, said Register’s Office; (9) the United States Department of the Treasury–Internal Revenue Service, pursuant to a lien for unpaid taxes against property owned by David L. Horner, as set forth by Notice of Federal Tax Lien of record at Instrument No. 201506080067178, said Register’s Office; (10) SunTrust Bank pursuant to an Agreed Judgment by and between SunTrust Bank, Classy Lady, Inc. and David Lee Horner of record at Instrument No. 201504270058053, said Register’s Office; (11) SunTrust Bank pursuant to an Agreed Judgment by and between SunTrust Bank, Classy Lady, Inc. and David Lee Horner of record at Instrument No. 201505110061297, said Register’s Office; and (12) Acquired Capital II, L.P., as successor in interest to U.S. Bank National Association, a national banking association, the successor in interest to the Federal Deposit Insurance Corporation, as Receiver of BankEast, by Order Granting Summary Judgment against Elizabeth Tate Horner, David Horner and Classy Lady Inc., jointly and severally, of record at Instrument No. 201508310013961, said Register’s Office.

OTHER INTERESTED PARTIES: (1) Coleman Bryan Family L.P., pursuant to a Common Wall Agreement with Elizabeth T. Horner and husband, David Lee Horner, of record at Instrument No. 200404300100234, said Register’s Office, (dated February 27, 2003); (2) O & C Properties, L.P., pursuant to that Declaration of Easements, Covenants and Restrictions, of record at Instrument No. 200301140061509, said Register’s Office; and (3) David L. Horner.

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.

THIS 17th day of September, 2015.

B. Anthony Saunders, Substitute Trustee

WYATT, TARRANT & COMBS, LLP

2525 West End Avenue, Suite 1500

Nashville, Tennessee  37203-1423

(615) 244-0020

tsaunders@wyattfirm.com

Publication Dates:  September 21, 2015, September 28, 2015, and October 5, 2015

 

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 February 16, 2007, executed by FRED L. CASH, conveying certain real property therein described to EAST TENNESSEE TITLE PROFESSIONALS, as Trustee, as same appears of record in the Register’s Office of Knox County, Tennessee recorded February 28, 2007, at Instrument Number 200702280069682;

and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to The Bank of New York, Mellon, as Trustee for FIRST HORIZON ALTERNATIVE MORTGAGE SECURITIES TRUST 2007-FA4 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 Knox 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 October 22, 2015 at 12:00 PM at the City/County Lobby of the Knox County Courthouse, located in Knoxville, 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 Knox County, Tennessee, to wit:

SITUATED IN DISTRICT EIGHT OF KNOX COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING ON AN IRON PIN IN THE NORTHWEST RIGHT OF LINE OF HAMMER ROAD, SAID IRON PIN BEING DISTANT 0.25 MILES, MORE OR LESS, FROM THE POINT OF INTERSECTION OF THE CENTER LINE OF PATTY ROAD AND THE NORTHWEST RIGHT OF WAY LINE OF HAMMER ROAD EXTENDED; THENCE FROM SAID IRON PIN, NORTH 2 DEGREES 24 MINUTES EAST, 101 FEET TO AN IRON PIN; THENCE NORTH 3 DEGREES 6 MINUTES WEST, 86 FEET TO AN IRON PIN; THENCE NORTH 88 DEGREES 49 MINUTES WEST, 834.09 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREES 46 MINUTES WEST, 162.57 FEET TO A FENCE POST; THENCE NORTH 2 DEGREES 36 MINUTES EAST, 239.37 FEET TO AN IRON FENCE POST, THENCE NORTH 87 DEGREES 51 MINUTES EAST, 209.14 FEET TO A FENCE POST TOP; THENCE NORTH 88 DE-GREES 55 MINUTES, EAST, 215.56 FEET TO A FORK OAK FENCE TOP; THENCE SOUTH 89 DEGREES 29 MINUTES EAST, 46.77 FEET TO A 24 INCH OAK TOP FENCE; THENCE NORTH 88 DEGREES 57 MINUTES EAST, 360.61 FEET TO AN IRON PIN; THENCE NORTH 71 DEGREES 58 MINUTES EAST, 17.07 FEET TO AN IRON ROD SET; THENCE NORTH 14 DEGREES 38 MINUTES WEST, 274.93 FEET TO AN IRON ROD SET IN A CEDAR; THENCE NORTH 83 DEGREES 36 MINUTES EAST, 218.89 FEET TO A 10 INCH PINE; THENCE NORTH 85 DEGREES 5 MINUTES EAST, 271.3 FEET TO AN IRON ROD ORIGINAL; THENCE SOUTH 16 DEGREES 17 MINUTES EAST, 197.45 FEET TO AN IRON PIN ORIGINAL; THENCE SOUTH 74 DEGREES 16 MINUTES WEST, 487.08 FEET TO A 6 INCH DEAD CEDAR; THENCE SOUTH 4 DEGREES 3 MINUTES WEST, 91.87 FEET TO A FENCE; THENCE SOUTH 00 DEGREES 52 MINUTES WEST, 343 FEET TO AN IRON ROD; THENCE SOUTH 3 DEGREES 7 MINUTES EAST, 86.34 FEET; THENCE SOUTH 2 DEGREES 20 MINUTES WEST, 92.25 FEET TO AN IRON PIN; THENCE WITH THE RIGHT OF WAY LINE OF HAMMER ROAD, SOUTH 63 DEGREES 43 MINUTES WEST, 18.24 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO THE SUR-VEY OF DAVID BUNDREN, RLS, DATED NOV. 1,2000, BEARING DRAWING NO. 120300.

Parcel ID: 072-249

PROPERTY ADDRESS: The street address of the property is believed to be 7107 HAMMER ROAD, KNOXVILLE, TN 37924. 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): FRED L. CASH OTHER

INTERESTED PARTIES: FIRST HORIZON HOME LOAN CORPORATION D/B/A FIRST TENNESSEE HOME LOANS 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 #87045: 2015-09-21  2015-09-28, 2015-10-05

 

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 July 15, 2013, executed by FLOYD A. WILHITE AND HEATHER D. WILHITE, conveying certain real property therein described to RECON-TRUST COMPANY, N.A., as Trustee, as same appears of record in the Register’s Office of Knox County, Tennessee recorded August 2, 2013, at Instrument Number 201308020008317;

and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A. 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 Knox 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 October 15, 2015 at 10:00 AM at the North Side Entrance of the City County Building, 400 Main Street, Knoxville, TN 37902, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Knox County, Tennessee, to wit:

REAL PROPERTY IN THE CITY OF KNOXVILLE, COUNTY OF KNOX, STATE OF TENNESSEE, DESCRIBED AS FOLLOWS: SITUATED IN DISTRICT NUMBER EIGHT (8) OF KNOX COUNTY, TENNESSEE, AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF KNOX-VILLE, TENNESSEE, AND BEING KNOWN AND DESIGNATED AS ALL OF LOT 64, CARTER MILL SUBDIVISION, UNIT 1, AS SHOWN BY MAP OF SAME OF RECORD IN MAP CABINET P, SLIDE 325B AND 325C, IN THE REGISTER`S OFFICE FOR KNOX COUNTY, TENNESSEE, TO WHICH PLAT SPECIFIC REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. THE ABOVE DESCRIPTION BEING THE SAME AS THE PREVIOUS DEED OF RECORD; NO BOUNDARY SURVEY HAVING BEEN OBTAINED AT THE TIME OF THIS CONVEYANCE.

Parcel ID: 062MA-064

PROPERTY ADDRESS: The street address of the property is believed to be 8724 FINCHWOOD LN, KNOXVILLE, TN 37924. 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): FLOYD A. WILHITE AND HEATHER D. WILHITE

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 #86718:

2015-09-14  2015-09-21, 2015-09-28

 

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 October 24, 2003, executed by CHRISTINA C. FELICIANO AND RALPH FELICIANO, conveying certain real property therein described to ARNOLD M. WEISS, as Trustee, as same appears of record in the Register’s Office of Knox County, Tennessee recorded November 3, 2003, at Instrument Number 200311030049869;

and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A. 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 Knox County, Tennessee.

NOW, THEREFORE, notice is hereby given that the entire indebt-edness 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 October 15, 2015 at 10:00 AM at the North Side Entrance of the City County Building, 400 Main Street, Knoxville, TN 37902, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Knox County, Tennessee, to wit:

SITUATED IN DISTRICT SIX OF KNOX COUNTY, TENNESSEE WITHOUT THE CORPORATE LIMITS OF THE CITY OF KNOX-VILLE AND BEING KNOW AND DESIGNATED AS ALL OF LOT 2, BLOCK C, IN NORTHSHORE WOODS SUBDIVISION SECT. 1 AS SHOWN BY MAP OF SAME OF RECORD IN FILE CAB. C, SLIDE 149A, FORMERLY MAP BOOK 25, PAGE 71, IN THE REGISTER`S OFFICE FOR KNOX COUNTY, TENNESSEE TO WHICH MAP REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION, ACCORDING TO THE SURVEY OF STANLEY E. HINDS, SURVEYOR, DATED 03/21/86 BEARING JOB #8603102 AND BEING IMPROVED WITH DWELLING BEARING HOUSE ADDRESS 1405 BUCKEYE ROAD, KNOXVILLE, TENNESSEE. THE ABOVE DESCRIPTION BEING THE SAME AS THE PREVIOUS DEED OF RECORD; NO BOUNDARY SURVEY HAVING BEEN OBTAINED AT THE TIME OF THIS CONVEYANCE.

Parcel ID: 133NC-004

PROPERTY ADDRESS: The street address of the property is believed to be 1405 BUCKEYE ROAD, KNOXVILLE, TN 37919. 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): CHRISTINA C. FELICIANO AND RALPH FELICIANO

OTHER INTERESTED PARTIES: DELL FINANCIAL SERVICES L.P.

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 encum-brances 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 #86704:

2015-09-14  2015-09-21, 2015-09-28

 

NOTICE OF FORECLOSURE SALE

 

STATE OF TENNESSEE, KNOX COUNTY

WHEREAS, Carol Clifton and Tommy L. Clifton executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for SunTrust Mortgage, Inc., Lender and Larry A. Weissman, Trustee(s), which was dated September 25, 2012 and recorded on October 2, 2012 in Instrument No. 201210020021603, Knox 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, SunTrust Mortgage, 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 Knox 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 October 1, 2015, at 10:00AM at the usual and customary location at the Knox County Courthouse, Knoxville, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Knox County, Tennessee, to wit:

Situated in District Number Seven (7) of Knox County, Tennessee, within the 31st Ward of the City of Knoxville, Tennessee, and being known and designated as all of Lot 29 and part of Lot 30, Block A, Holston Hills, Section 1, as shown on the map of the same of record in Plat Cabinet A, Slide 286D formerly known as Map Book 9, Page 27, in the Register’s Office for Knox County, Tennessee, and being more particularly bounded and described according to the survey of Kenneth D. Church, Surveyor, dated November 23, 1998, Bearing Word Order Number 98-11-28, as follows, to-wit: Beginning at an existing iron rod in the South West Right-of-Way Westover Terrace, in the line of Lot 30, said iron rod being located in a northwesterly direction 461 feet, more or less, from the point of intersection of the Southwest Right-of-Way of Westover Terrace and the Right-of- Way of Holston Hills Road; thence with a severance line of Lot 30, South 07 degrees, 21 minutes, 41 seconds, East, 211.13 feet to an existing iron rod in the Northwest Right-of-Way of Holston Hills Road; thence with said Right-of- Way, South 76 degrees 08 minutes, 49 Seconds, West, 120.08 feet to an existing iron pipe, corner to Lot 28; thence with the line of Lot 28, North 13 Degrees, 28 minutes, 00 seconds, West, 280.13 feet to an existing iron rod in the Southwest Right-of-Way and with a curve to the right having a radius of 1,315 feet, a chord bearing of South 77 degrees 30 minutes 26 seconds, East, a chord distance of 158.52 feet to the point of beginning.

This conveyance is subject to all applicable restrictions, easements, set –back lines, and other conditions shown of record in the Register’s Office for Knox County, Tennessee.

Being and intending to be the same property conveyed to Tommy L. Clifton and wife, Carol Clifton by Special Warranty Deed dated October 8, 2002, and recorded in Instrument Number 200210250036094, in the Register’s Office for Knox County, Tennessee.

Parcel ID Number: 083GB032

Address/Description: 5000 Westover Terrace, Knoxville, TN 37914.

Current Owner(s): Tommy L. Clifton and Carol Clifton.

Other Interested Party(ies): Capital One Bank (USA), N.A. and Midland Funding, LLC.

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.: 15-04745 FC02

 

 

 

 

NON-RESIDENT NOTICE

 

 

TO:  DAVID MARSHALL REEVES JR.

IN RE:  BOBBY JOSEPH REEVES AND LYNDSEY NICHOLE REEVES

NO. 189720-2

IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE

In this cause, it appearing from the Complaint filed, which is sworn to, that the Defendant, David Marshall Reeves Jr., a non-resident of the State of Tennessee, or whose whereabouts cannot be ascertained upon diligent search and inquiry, so that the ordinary process of law cannot be served upon David Marshall Reeves Jr., it is ordered that said Defendant, David Marshall Reeves Jr., file an answer with the Clerk and Master of the Chancery Court at Knoxville, Tennessee and with Laura E. Metcalf, an attorney whose address is 800 S. Gay Street, Suite 1600, Knoxville, TN  37929 within thirty (30) days of the last date of publication or a judgment by default will be taken against you and the cause set for hearing Ex Parte as to you before Chancellor Clarence Pridemore Jr. at the Knox County Chancery Court, Division, 11, 400 Main Street, Knoxville, Tennessee 37902.  This notice will be published in The Knoxville Focus Newspaper for four (4) consecutive weeks.

This 14th day of September, 2015

/s/ Howard G. Hogan

Clerk and Master

Published 9/21, 9/28, 10/5 and 10/12/2015

 

 

 

Notice of Suit and Order to Appear

 

 

KNOXVILLE TVA EMPLOYEES CREDIT UNION, Plaintiff,

SHANE SIMPSON,

No. 43942H

 

ORDER OF PUBLICATION

IN THE GENERAL SESSIONS COURT FOR KNOX COUNTY, TENNESSEE

It appearing in this case that the Civil Warrant was issued for the defendant, Shane Simpson, to appear before this Court, and said summons was returned by the process server “Not to be found in Knox County.”

IT IS THEREFORE ORDERED that service of process upon defendant, Shane Simpson, be made by publication as set forth in T.C.A. 21-1-204; and that publication be made for four (4) consecutive weeks in The Knoxville Focus, requiring the said defendant to appear before the General Sessions Court of Knox County, Tennessee, held at the Old Knox County Courthouse, 5th General Sessions Courtroom, 3rd Floor, 300 North Main Street, Knoxville, Tennessee on October 26, 2015, 9:00 a.m. and make defense to the Civil Warrant filed against him in this cause; otherwise, said Civil Warrant will be taken for confessed, and the cause proceed with ex parte.

ENTERED the 2nd day of September, 2015.

/s/ Chuck Cerny________

JUDGE

 

APPROVED:

/s/ William L. Cooper, III, #011447

Attorney for Plaintiff

2008 E. Magnolia Avenue

Knoxville, Tennessee 37917

 

To be published:  9/14, 9/21, 9/28 & 10/5/2015

 

 

NOTICE OF SUIT AND ORDER TO APPEAR

 

To: EDWARD J. FITZGERALD:

 

FEDERAL NATIONAL

MORTGAGE ASSOCIATION,

Plaintiff,

EDWARD J. FITZGERALD,

No. _________

 

IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE

The Court having determined, by the return of the Knox County Sheriff, that you are not to be found in Knox County, pursuant to Tennessee Code Annotated sections 21-1-203 & 204, you are hereby served by publication as to your status as a defendant in the above-captioned litigation with respect to any interest you may claim in real property identified above.  Take notice that on November 3, 2015, at 9:30 a.m. the Court will hold a hearing on this matter in the Chancery Court for Knox County, Tennessee, the Honorable Michael W. Moyers, presiding, and should you neither appear at said hearing, nor otherwise answer or defend the cause of action against you, judgment will be entered against you by default for the relief demanded in the Complaint.

/s/ Howard G. Hogan

Clerk & Master

All other matters are reserved.

ENTER this the 17th day of August, 2015.

____________________

CHANCELLOR

 

NON RESIDENT NOTICE

 

TO:  The UNKNOWN BIOLOGICAL FATHER of HAILEY LEONNA EUBANKS born 03-08-2009, in Nashville, TN to Kimberly Dawn Eubanks

 

IN RE:  ADOPTION OF HAILEY LEONNA EUBANKS, DOCKET #2-453-15

IN THE CIRCUIT COURT FOR KNOX COUNTY, TENNESSEE

In this cause, it appearing from the Petition filed, which is sworn to, that the Respondent, the UNKNOWN BIOLOGICAL FATHER of the child, is either a non-resident of the state or whose identity and whereabouts cannot be ascertained upon diligent search and inquiry, so that ordinary service of process of law cannot be served upon the UNKNOWN BIOLOGICAL FATHER, it is ORDERED by the Court that the Respondent, the UNKNOWN BIOLOGICAL FATHER, file an Answer with the Circuit Court Clerk, Catherine Shanks, and with N. David Roberts, Jr. attorney for the Petitioners, whose address is P. O. Box 2564, Knoxville, TN  37901 within thirty (30) days of the last date of publication or a judgment by default will be taken against you and the cause set for hearing ex parte as to you before Judge WILLIAM T. AILOR, CIRCUIT JUDGE, at the Knox County Circuit Court, Div. II, 400 Main St., Knoxville, TN  37902.  This notice will be published in The Knoxville Focus newspaper for four (4) consecutive weeks.

This the 1st day of September, 2015

/s/ CATHERINE SHANKS, Circuit Court Clerk

Published:  9/14, 9/21, 9/28 and 10/5/2015

 

 

NON-RESIDENT NOTICE

 

TO:  STACY JOE CRUMPTON

IN RE:  STACY L. ELMORE vs. STACY JOE CRUMPTON

NO. 189749-1

IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE

In this cause, it appearing from the Complaint filed, which is sworn to, that the defendant Stacy Joe Crumpton, a non-resident of the State of Tennessee, or whose whereabouts cannot be ascertained upon diligent search and inquiry, so that the ordinary process of law cannot be served upon Stacy Joe Crumpton, it is ordered that said defendant, Stacy Joe Crumpton, file an answer with the Clerk and Master of the Chancery Court at Knoxville, Tennessee and with David L. McCord, an Attorney whose address is 424 S. Gay Street, Suite 200, Knoxville, TN  37902 within thirty (30) days of the last date of publication or a judgment by default will be taken against you and the cause set for hearing Ex Parte as to you before Chancellor John Weaver at the Knox County Chancery Court, Division 1, 400 Main Street, Knoxville, Tennessee 37902.  This notice will be published in The Knoxville Focus newspaper for four (4) consecutive weeks.

This 28th day of August, 2015.

|s/ Howard G. Hogan

Clerk and Master

 

Published 9/8, 9/14, 9/21 and 9/28/2015

 

NOTICE TO CREDITORS

 

Estate of

GLENDA SUE KENNEDY

Docket Number 76803-2

 

Notice is hereby given that on the 8th day of September, 2015, letters testamentary in respect of the Estate of GLENDA SUE KENNEDY who died  Aug 6, 2015, were issued the undersigned by the Clerk and Master of the Chancery Court of Knox County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his or her estate are required to file the same with the Clerk and Master 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 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 this first publication; 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 as described in (1) (A); or

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

This the 8th day of September, 2015

Estate of GLENDA SUE KENNEDY

PERSONAL REPRESENTATIVE(S)

Larry Kennedy, Administrator

330 Knob Creed Rd N

Seymour, TN  37865

 

PUBLISH: 09/14 & 09/21/2015

 

NOTICE TO CREDITORS

 

Estate of

ELAINE COLLINS KELLY

Docket Number 76791-2

 

Notice is hereby given that on the 4th day of September, 2015, letters testamentary in respect of the Estate of ELAINE COLLINS KELLY who died Jun 11, 2015, were issued the undersigned by the Clerk and Master of the Chancery Court of Knox County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his or her estate are required to file the same with the Clerk and Master 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 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 this first publication; 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 as described in (1) (A); or

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

This the 4th day of September, 2015

Estate of ELAINE COLLINS KELLY

PERSONAL REPRESENTATIVE(S)

HALLYSAH IBSEN, Administratrix

205 Keeble Avenue

Knoxville, TN  37920

 

B. CHADWICK RICKMAN

Attorney at Law

11911 Kingston Pike, Ste 201

Knoxville, TN  37934

 

PUBLISH: 09/14 & 09/21/2015

 

 

 

NOTICE TO CREDITORS

 

Estate of

JOAN MILDRED VANN

Docket Number 76119-2

 

Notice is hereby given that on the 27th day of August, 2015, letters testamentary in respect of the Estate of JOAN MILDRED VANN who died Jun 10, 2014, were issued the undersigned by the Clerk and Master of the Chancery Court of Knox County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his or her estate are required to file the same with the Clerk and Master 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 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 this first publication; 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 as described in (1) (A); or

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

This the 27th day of August, 2015

Estate of JOAN MILDRED VANN

PERSONAL REPRESENTATIVE(S)

MARILYN GALYON, Administratrix CTA

2523 Fox Chase Lane

Knoxville, TN  37920

 

BILL W. PETTY, Attorney at Law

705 Gate Lane, Suite 202

Knoxville, TN  37909

 

PUBLISH: 09/14 & 09/21/2015

 

 

NOTICE TO CREDITORS

 

Estate of

RUTH A. LUNDIN

Docket Number 76748-1

 

Notice is hereby given that on the 4th day of September, 2015, letters testamentary in respect of the Estate of RUTH A. LUNDIN who died Jul 29, 2015, were issued the undersigned by the Clerk and Master of the Chancery Court of Knox County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his or her estate are required to file the same with the Clerk and Master 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 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 this first publication; 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 as described in (1) (A); or

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

This the 4th day of September, 2015

Estate of RUTH A. LUNDIN

PERSONAL REPRESENTATIVE(S)

MARIE CHARLOTTE WILLIAMSON, Executrix

198 Parkview Dr.

Cartersville, GA  30120

 

ROBERT W. GODWIN

Attorney at Law

4611 Old Broadway

Knoxville, TN  37918

 

PUBLISH: 09/14 & 09/21/2015

 

NOTICE TO CREDITORS

 

Estate of

ROBERT WILSON McKINNEY

Docket Number 76764-2

 

Notice is hereby given that on the 28th day of August, 2015, letters testamentary in respect of the Estate of ROBERT WILSON McKINNEY who died Aug 11, 2015, were issued the undersigned by the Clerk and Master of the Chancery Court of Knox County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his or her estate are required to file the same with the Clerk and Master 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 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 this first publication; 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 as described in (1) (A); or

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

This the 28th day of August, 2015

Estate of ROBERT WILSON McKINNEY

PERSONAL REPRESENTATIVE(S)

MICHAEL McKINNEY, Executor

2117 W. Glenwood Avenue

Knoxville, TN  37917

 

PUBLISH: 09/14 & 09/21/2015

 

 

 

 

NOTICE OF LIEN SALE

 

CENTRAL KARNS STORAGE

7440 OAK RIDGE HWY.

KNOXVILLE, TN 37931

Is holding a lien sale of all goods stored in units: A0025; B0062; E0282; F0390; F0293; D0209 being in lien & abandoned more than 60 days.

DATE: 10/10/15 TIME 1:00 P.M.

This sale is to satisfy the owner’s lien against the delinquency of occupant(s) Donald Reedy; Ashley Bogle; Jessica Tho1nas; Tara Cooper; Karen Bass: Jessica Coleman. Highest bidder must have sufficient means of

transporting goods. Acceptable payment methods Cash or C.C. Sale is subject to termination or postponement prior to sale date. Please call 865-690-7773 to verify continuance of sale.

 

PUBLIC AUCTION

 

The owners and/or lienholders of the following vehicle are hereby notified of their rights to pay all charges and reclaim said vehicle:

‘04 Buick Rendezvous,

VIN: 3G5DA03E64S543669.

Failure to reclaim said vehicle by 9-29-15 will result in disposal at auction on 9-30-15, 11 a.m.

Advanced Auto Recovery LLC

200 East Inskip Drive

Knoxville, TN  37912

865-377-3825

 

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