WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on June 12, 2007, by Hollie A. Parker to Mary Ruth Tackett, Trustee, as same appears of record in the Register's Office of Cannon County, Tennessee in Book 99, Page 327-332, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States
of America, acting by and through the United States Department of Agriculture
WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed Jerry Jolley as Substitute Trustee by instrument filed for record in the Register's Office of Cannon County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and
NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and Jerry Jolley as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Wednesday, May 18, 2016, commencing at 10:00 a.m. at the east door of the Cannon County Courthouse Woodbury, Tennessee, proceed to sell at public outcry to the highest bidder either for cash (must be in the form of a cashier's check) or 10
per cent of the high bid price as a non-refundable
deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the 6th Civil
District in Cannon County, Tennessee to wit:
Being Lot No. 3 on the Plan of Georgetown Estates, Section 1, as of record in Plat Cabinet 2, Slide 2-52, Register's Office for Cannon County, Tennessee, to which said plan reference is hereby made for a more complete and accurate legal description thereof.
Map 053P Parcel A-003.00
PROPERTY ADDRESS: 32 Twin Court Georgetown Estates, Woodbury, TN 37190
Being the same property conveyed to Hollie A. Parker from Thomas A. Smith and wife, Macky Faye Smith by Deed dated June 12, 2007 of record in Record Book 99, Page 325, Register's Office for Cannon County, Tennessee.
CURRENT OWNERS: Hollie A. Parker
The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) 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.
Publication Dates: 4/20/16, 4/27/16, 5/4/16
390 South Lowe, Suite K
Cookeville, TN 38501
NOTICE TO CREDITORS
CHANCERY COURT OF CANNON COUNTY, TENNESSEE
Estate of James Allen Parker
Notice is hereby given that on the 19 day of April, 2016, letters of testamentary or letters of administration with respect to the estate of James Allen Parker deceased were issued to the undersigned by the Chancery Court of Cannon County, Tennessee. All persons, resident and non-residents, having claims, matured and unmatured against the estate are required to file same with the Clerk of the Chancery Court on or before the earlier of the dates prescribed in (1) or (2), otherwise 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 the Notice to Creditors at least sixty (60) before the date that is four (4) months from the date of the first publication (or posted); or (B) Sixty (60) days from the date of the creditor receiving 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 decedent's date of death.
This 19th day of April, 2016.
Catherine Parker & Jeffery Parker Co- Executors of the Estate of James Allen Parker, deceased.
NATHAN S NICHOLS
CLERK & MASTER
SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, provisions and payments made and provided for in a Deed of Trust dated April 4, 1997, executed by Andrew S. Dick, a Single Person, to Bankers Title Company, Trustee, and recorded in Book 135, Page 242, and assignment to Vanderbilt Mortgage and Finance, Inc. of record in Book 75, Page 629, and re-assigned to The Bank of New York Mellon Trust Company, NA of record in Book 133, Page 791, Register's Office for Cannon County, Tennessee, to secure the indebtedness therein described, and the entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful Attorney-In-Fact and Servicer of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument dated February 3, 2016, recorded in Book 164, Page 899, in the above mentioned Register's Office, notice is hereby given that I, the undersigned substitute trustee, or my designated agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Thursday, May 26, 2016 at 3:45 p.m. at the front entrance of the Courthouse in Woodbury, Cannon County, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land more particularly described as follows, to-wit:
Beginning on a PK nail in the center of the petty Gap Road at the SE comer of this tract and the SW comer of Tract No. 1, and this point is also located N 88 deg. 38' 19" W, 3147.69 feet from the center of the intersection of the Basham Ridge Road; thence with the Petty Gap Road, S 65 deg. 29' 23" W, 210.05 feet, S 69 deg. 40' 05" W, 115.30 feet, S 71 deg. 34' 44" W, 381.11 feet, S 75 deg. 41' 31" W, 99.24 feet, S 67 deg. 34' 40" W, 102.11 feet, S 63 deg. 41' 16" W, 151.35 feet to the SW corner of this tract; thence leaving the road and with a fence line N 21 deg. 06' 07" W, 308.69 feet N 25 deg. 25' 19" W, 138.30 feet, N 20 deg. 14' 29" W, 157.71 feet, N 11 deg. 52' 39" W, 71.01 feet, N 2 deg. 21' 09" E, 98.96 feet N 6 deg. 03' 06" E, 249.30 feet, N 7 dog. 12' 40" W, 117.25 feet to the corner of this tract at a fence corner; thence with the fence N 74 deg. 24' 10" E, 124.41 feet, N 86 deg. 24' 07· E, 122.33 feet, N 73 deg. 35' 23" E, 147.76 feet, N 61 deg. 34' 46" E, 73.84 feet, N 70 deg. 53' 45" E, 365.51 feet to the NE corner of this tract and the NW corner of Tract No.1; thence leaving the fence S 17 deg. 11' 42" E, 1078.86 feet back to the point of beginning and containing 23.251 acres, more or less, according to survey conducted by Thomas D. Cook, RLS No. 365 on October 26, 1993.
BEING the same property conveyed to Andrew S. Dick by deed from Patricia J. Wilson dated 04/04/97 of record in Book 174, Page 302, said Register's Office.
Subject to any and all existing easements, setback lines and restrictive covenants of record in said Register's Office, including but not limited to Fixture Filing to Middle Tennessee Electric Membership Corporation of record in Book 123, Page 404, said Register's Office.
This description was taken from the deed of trust being foreclosed on of record in Book 135, page 242, and assignment to Vanderbilt Mortgage and Finance, Inc. of record in Book 75, Page 629, and re-assigned to The Bank of New York Mellon Trust Company, NA of record in Book 133, Page 791said Register's Office.
TAX MAP-PARCEL NO.: 065-014.00
PROPERTY ADDRESS: 1692 Petty Gap Road, Woodbury, TN 37190, as shown on the tax maps for the Assessor of Property for Cannon County, TN.
This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal, and any and all prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose.
The property sold pursuant to this notice shall be sold "AS IS" and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Substitute Trustee shall make no warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee's Deed only.
The substitute trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. § 35-5-117 have been met.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able 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.
Terms of sale: Cash
Substitute Trustee: David G. Mangum
2303 Franklin Road
Nashville, TN 37204
Interested Parties: Middle Tennessee Electric Membership Corporation, fixture filing
Springleaf Financial Services f/k/a American General Service, Inc., judgment lien
CACH, LLC, judgment lien
Publish Newspaper: The Cannon Courier
Editions dated: Tuesday, May 3, May 10, and May 17, 2016