SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on July 18, 2018 at 1:00PM local time, at the front door, Hardin County Courthouse, 465 Main Street, Savannah, Tennessee pursuant to Deed of Trust executed by Jeffery L Ervin aka Jeffery L Ervin by Tabitha N Ervin, attorney-in-fact and Tabitha N Ervin, to Carter Stanfill and Associates PLLC, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for American Financial Resources, Inc. on January 5, 2012 at Record Book 549, Page 795, Instrument No. 100612; conducted by Shapiro & Ingle, LLP, having been appointed Substitute or Successor Trustee, all of record in the Hardin County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: American Financial Resources, Inc, its successors and assigns.
The following real estate located in Hardin County, Tennessee, will be sold to the highest call bidder:
Described property located at Hardin County, Tennessee, to wit:
Beginning at the point of intersection of the north right-of-way line of Paine Road
with the west right-of-way line of Tennessee Highway 69, said point being the
southeast corner of the subject; thence running with the north right-of-way lien of
Paine Road, south 72 degrees 09 minutes 47 seconds west, 150.00 feet to an iron pin
marking the southeast corner of Clayton Johnson property described in Record
Book 376, Page 488, ROHC; thence leaving said road and running with the east line
of Johnson, north 33 degrees 30 minutes 58 seconds west, passing an iron pin at
103.69 feet, continuing 51.85 feet, running in all, 155.54 feet to an iron pin marking
the southwest corner of the remaining portion of Will Carver property described in
Record Book 470, Page 241, ROHC, of which the herein described is a part; thence
running with a severance line and with the south line of Carver, north 71 degrees 38
minutes 05 seconds east, 149.99 feet to an iron pin in the west right-of-way line of
Tennessee Highway 69; thence running with said right-of-way line, south 33
degrees23 minutes 03 seconds east, passing an iron pin at 52.29 feet, continuing
104.58 feet, running in all, 156.87 feet to the point of beginning containing 0.519
acres, being all of Lot 6 and a portion of Lot 7 in Block J of West Hima Subdivision,
a plat of which is recorded in Plat Cabinet 2, Page 42, ROHC. (Description
according to prior deed.)
This being the same property conveyed to Jeffery L. Ervin and wife, Tabitha N.
Ervin by Bryan Nguyen by Warranty Deed dated January 5, 2012 and of record in
Record Book 549, page 793 in the Register’s Office of Hardin County, Tennessee.
Further by easements for West Hima Subdivision, Block J of record on the plat of
said subdivision appearing in Plat Book 2, page 42; and Plat Book 7, page 176 in the
Register’s Office of Hardin County, Tennessee; and further by building and use
restrictions for West Hima Subdivision.
Street Address: 30 Paine Rd, Savannah, Tennessee 38372
Parcel Number: 090O D 003.00
Current Owner(s) of Property: Jeffery L. Ervin and Tabitha N. Ervin
The street address of the above described property is believed to be 30 Paine Rd, Savannah, Tennessee 38372, 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 herein shall control.
This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose.
The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None.
Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of Jeffery L Ervin aka Jeffery L Ervin by Tabitha N Ervin, attorney-in-fact and Tabitha N Ervin, and those claiming through him/her/it/them.
Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of 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. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, 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 only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Ingle, LLP
File No. 18-115157 (5103tc)
IN THE GENERAL SESSIONS COURT OF HARDIN COUNTY, TENNESSEE
JASON CARL WEST,
VS. DOCKET NO. 9183
JEANNIE DARLENE DOWD WEST,
TO: JEANNIE DARLENE DOWD WEST
In this Cause, it appearing from the Complaint which is sworn to, that the whereabouts of the Defendant, JEANNIE DARLENE DOWD WEST , is unknown and cannot be ascertained by the diligent search and inquiry made to that end. JEANNIE DARLENE DOWD WEST is therefore, hereby, required to appear and Answer the Complaint filed in this Cause against him in the GENERAL SESSIONS Court of HARDIN County, Tennessee, within thirty days of the last publication of this Notice and served a copy of Answer on Howard F. Douglass, P.O. Box 39, Lexington, Tn., 38351, Attorney for Plaintiff, within said time. If you fail to do so judgement by default will be taken against you for relief demanded in the Complaint at hearing of the cause without further notice.
It is further Ordered that this Notice be published for four consecutive weeks in THE COURIER.
This the 2nd day of April, 2018.
/s/ Diane Polk, CLERK (534tc)
NOTICE OF TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 18, 2016, and the Deed of Trust of even date securing the same, recorded September 12, 2016, in Book No. 651, at Page 65, in Office of the Register of Deeds for Hardin County, Tennessee, executed by Gretchen Mitchell, conveying certain property therein described to Paul Kevin Carter as Trustee for Preferred Plus Financial Corporation; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Freedom Mortgage Corporation.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Freedom Mortgage Corporation, will, on May 24, 2018 on or about 11:00 AM, at the Hardin County Courthouse, Savannah, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Hardin County, Tennessee, and being more particularly described as follows:
LOT No. 20, Section I, Riveracres Estates Subdivision, a plat or plan of said subdivision being of record in Plat Cabinet No. 2, sheet 88 in said Register’s Office, and reference is here made to said plat and to the cabinet and sheet where recorded, for a full and complete description of said Lot No. 20, and the description theregiven is made a part hereof by this reference thereto, as fully and to the same extent as if copied in full herein. Property is subject to flowage easements to the U.S.A., covenants against pollution of Kentucky Lake, and the building and use restrictions for said subdivision as set out in Deed Book No. 89, page 176, and Plat Cabinet No. 2, sheet 88, in said Register’s Office.
ALSO KNOWN AS: 1207 Church Street, Savannah, TN 38372
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property:
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option 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
W&A No. 329430 1
forth above. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 329430
DATED April 25, 2018
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee (533tc)
NOTICE TO CREDITORS
Estate of MARTHA NELL CARTER SIPES
Notice is hereby given that on the __ day of April, 2018, Letters in respect of the Estate of MARTHA NELL CARTER SIPES who died March 15, 2018 were issued to the undersigned by the Chancery Court for Hardin County, Tennessee. All persons, resident and nonresident, having claims, matured or un-matured, against the estate are required to file the same in triplicate 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 the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This the 23rd day of April, 2018
/s/ Letha Calvert, Administrator with Will Annexed
/s/ Steven Sipes, Administrator with Will Annexed
/s/ John J. Ross, Attorney for the Estate
Ross& Barlow, Attorneys
500 Main Street, Savannah, TN 38372
731 925-4472 fax
TN Bar # 7489
/s/ Martha S. Smith, Clerk and Master (532tp)
In the Juvenile Court for Hardin County, Tennessee
IN RE: Ashton Scott Homister, DOB: 12/28/2009
Dayton Donald Prout, DOB: 08/14/2015
Brighton Joh Prout, DOB: 08/18/2016
Vs. Case No. 18-JV-2318
Merle Whitney Prout,
Donald Dewight Prout II
Billy J. Howell,
In this cause, it appearing from the Order of Publication, that the Respondent’s residences are unknown and cannot be ascertained upon diligent inquiry, it is ordered that publication be made for four consecutive weeks, as required by law, in the Savannah courier, a newspaper published in Savannah, Tennessee, notifying Respondents, Merle Whitney Prout, Donald Dewight Prout II, and Billy J. Howell, to file an answer with this court and a copy to Petitioners attorney, Joe. L. Brown, whose address is 419 Main Street, Savannah, Tennessee 38372, within 30 days from the last date of publication, exclusive of the last date of publication, or a judgment by default may be entered and the cause set for hearing ex parte as to said Defendant(s). If there is no answer, a hearing on Plaintiff’s’ motion for default judgment shall be heard on June 11, 2018. Failure to answer or appear may result in a default judgment.
This the 13th day of April 2018.
/s/ Daniel Smith, Judge (4194tc)