Legals 12/4/18

NOTICE

 

JOSH SMITH

The State of Tennessee, Department of Children’s Services, has filed a Petition to Declare Child Dependent and Neglected as to Brayden and Traylin Smith and Zoey Staggs.  It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown.  You are hereby ORDERED to serve upon Jessica Krebs, Attorney for the Tennessee Department of Children Services, 600 Hearthwood Court, Cookeville, Tennessee 38506, (931) 646-3010, an Answer to the Petition to Declare Child Dependent and Neglected filed by the Tennessee Department of Children Services, within five (5) days of the last day of publication of this notice, and pursuant to Rule 39(e)(1) of the Tenn. R. Juv. P. you must also appear in the Juvenile Court of Overton County, Tennessee at Livingston, Tennessee on the 16th day of January, 2019, at 9:00 a.m., for the Hearing on the Petition to Declare Child Dependent and Neglected by the State of Tennessee, Department of Children’s Services  If you fail to do so, a default judgment will be taken against you pursuant to Tenn. Code Ann. § 36-1-117(n) and Rule 55 of the Tenn. R. of Civ. P. for the relief demanded in the Petition.  You may view and obtain a copy of the Petition and any other subsequently filed legal documents at the Juvenile Court Clerk’s Office, Livingston, Tennessee.

11-20, 11-27, 12-4, 12-11, 4TP

 

SUCCESSOR

TRUSTEE’S NOTICE OF FORECLOSURE SALE

Notice is hereby given that default has been made in the payment of that certain indebtedness (the “Indebtedness”) due from Lenard Ledbetter and Diane Ledbetter (the “Grantors”) to Bank of Putnam County (the “Lender”), secured by Deed of Trust executed on May 3, 1991, by Lenard Ledbetter (one and the same as Leonard Ledbetter) and Diane Ledbetter (one and the same as Dianna Ledbetter and Diana Ledbetter) to Jack Ray, Trustee, recorded in Trust Deed Book 156, page 707; Deed of Trust executed on July 21, 1992, recorded in Trust Deed Book 168, page 88; Deed of Trust executed on October 28, 1992, recorded in Trust Deed Book 182, page 60; Deed of Trust executed on March 1, 1997, recorded in Trust Deed Book 217, page 202; Deed of Trust executed on June 24, 2005, recorded in Trust Deed Book 364, page 410; Deed of Trust executed on February 20, 2009, recorded in Record Book 62, page 819; in the Register’s Office of Overton County, Tennessee, (the “Deed of Trust”), as amended in Trust Deed Book 281, page 246; Trust Deed Book 319, page 78; Trust Deed Book 319, page 80; Record Book 83, page 694; Record Book 90, page 363; Record Book 116, page 377; Record Book 116, page 380; and Record Book 172, page 769; and as partially released by Book 188, page 1; Book 203, page 356; and Book 203, page 28; thereafter the Lender appointed Pointer Title Services, Inc. / David Matson, Attorney, as Successor Trustee by instrument dated the 1st day of August, 2018, and recorded at Record Book 195, page 8, Register’s Office, Overton County, Tennessee; and by instrument dated the 9th day of November, 2018, and recorded at Record Book 199, Page 697, Register’s Office, Overton County, Tennessee.

Default having occurred, the Lender has exercised its option to declare the entire Indebtedness due and payable, and has made demand for foreclosure pursuant to the Deed of Trust.

OVERTON COUNTY PROPERTY:                The phrase “Overton County Property” as used herein shall mean all of the Grantor’s right, title, and interest in an to the following described real property (together with all existing or subsequently erected or affixed improvements and fixtures, all appurtenant easements and rights of way, and other appurtenances) described as follows:

LEGAL DESCRIPTION:

Warranty Deed from Marie Riddle, to Leonard Ledbetter and wife, Diane Ledbetter, of record in Book 218, Page 262, R.O.O.C.T. (Tract 1: 20 Acres / Tract 2: 1/4 Acre Puncheon Creek Lane – 1 acre exclusion)

Warranty Deed from Zeola Stout, surviving tenant by the entirety of Foch Stout, to Lenard Ledbetter and wife, Diane Ledbetter, of record in Book 229, Page 157, R.O.O.C.T. (30 Acres Puncheon Creek Lane)

Warranty Deed from Union Bank & Trust Company, to Lenard Ledbetter and wife, Diane Ledbetter, of record in Book 232, Page 244, R.O.O.C.T. (825.44 Acres Puncheon Creek Lane – Excluding portion conveyed off at Book 276, Page 485 (42 Acres))

Warranty Deed from United States of America, to Lenard R. Ledbetter and wife, Diane K. Ledbetter, of record in Book 254, Page 178, R.O.O.C.T. (Tract 1: 100 Acres, Tract 2: 20 Acres Puncheon Creek Lane)

Warranty Deed from J. G. Beaty to Lenard Ledbetter and wife, Diana Ledbetter, of record in Book 256, Page 598, R.O.O.C.T. (Tract 1: 24.10 Acres, Tract 2: 19.63 Acres, Tract 3: 80.19 Acres, Tract 4: 83.27 Acres, Tract 5: 53.39 Acres, Tract 6: 3.5 acres – Excluding portions conveyed off at Book 264, Page 598 (23.89 Acres); Book 271, Page 406 (17.497 Acres); Book 271, Page 469 (35 Acres); and Book 309, Page 600 (10.6 Acres))

Clerk and Master’s Deed from Dorothy Stanton, Clerk and Master, to Leonard Ledbetter and wife, Diane Ledbetter, of record in Book 62, Page 804, R.O.O.C.T. (203.43 Acres Leslie Bowman Lane)

COMMON DESCRIPTION:

Being all or a portion of Tax Map 124, Parcel 15.12; Tax Map 74, Parcel 9.01; Tax Map 74, Parcel 9.06; Tax Map 74, Parcel 9.07; Tax Map 74, Parcel 21.00; Tax Map 74, Parcel 9.05; Tax Map 75, Parcel 20.00; Tax Map 75, Parcel 21.00; and Tax Map 83, Parcel 22.00

Address:            Leslie Bowman Lane, Monterey, TN 38574; 134 Puncheon Creek Lane, Allred, TN 38543; Puncheon Creek Lane, Allred, TN 38542; Wilder Hwy, Allred, TN 38542; Lamb Fork Creek, Allred, TN 38542

The legal description shall control in the event of any inconsistency among the legal description, address, or tax map identification number.

CONDITIONS OF SALE: Pointer Title Services, Inc. / David Matson, Attorney, Successor Trustee, or his agent, acting under the authority vested in the Trustee by the Deed of Trust, will be at the front door (North Court Square entrance) of the Overton County Courthouse, Livingston, Tennessee on __December 20, 2018 @ 11:00 A.M._ (prevailing Central Time) to offer for cash sale to the highest and best bidder at public auction in bar of and free from all rights of redemption afforded by statute, equitable rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other rights waived by the Grantor in the Deed of Trust, the real property as described hereinabove, to effect satisfaction of principal, interest, and costs due on promissory notes, from Lenard Ledbetter and Diane Ledbetter to Bank of Putnam County, and secured by the aforementioned Deed of Trust to Jack P. Ray, Trustee, as well as to pay all attorney’s fees and costs necessarily incident to this foreclosure. The Successor Trustee shall convey the real property to the bidder with the highest and best bid of all bidders present at the sale.

A review of the records at the Register’s Office for Overton County, Tennessee disclosed that the Property may be subject to certain matters set forth below, and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Successor Trustee’s Notice of Sale.

  1. Any and all unpaid ad valorem taxes payable to Overton County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property. (2015-2018)
  2. Matters which an accurate survey of the Property might disclose.
  3. All other easements and restrictions of record in said Register’s Office.
  4. Oil and Gas Lease between Lenard Ledbetter and wife, Diana Ledbetter, and Buckeye Exploration Company of record in Book 46, Page 284, R.O.O.C.T.
  5. Right of Way Agreement between Lenard Ledbetter and Diana Ledbetter and JBS Operating Company, Inc., of record in Book 41, Page 517, R.O.O.C.T.
  6. Easement to Upper Cumberland Electric Membership Corporation of record in Book 11, page 156, R.O.O.C.T.
  7. Deed of Trust from Lenard R. Ledbetter and Diane K. Ledbetter POA Lenard Ledbetter to Randy Dodson, Trustee, securing an indebtedness of $306,119.06 to Union Bank & Trust Company; dated December 1, 2007, recorded December 4, 2007, in Record Book 44, Page 536, R.O.O.C.T.
  8. Deed of Trust from Lenard Ledbetter and Diane K. Ledbetter to Randy Dodson, Trustee, securing an indebtedness of $1,539,301.79 to Union Bank & Trust Company; dated January 17, 2008, recorded January 17, 2008, in Record Book 46, Page 580, R.O.O.C.T.
  9. Deed of Trust from Lenard Ledbetter and Diane K. Ledbetter to Randy Dodson, Trustee, securing an indebtedness of $1,539,301.79 to Union Bank & Trust Company; dated January 18, 2008, recorded March 12, 2008, in Record Book 48, Page 647, R.O.O.C.T.
  10. Deed of Trust from Lenard Ledbetter and Diane Ledbetter by POA Lenard Ledbetter, to Randy Dodson, Trustee, securing an indebtedness of $66,559.18 to Union Bank & Trust Company; dated October 13, 2009, recorded October 16, 2009, in Record Book 72, Page 986, R.O.O.C.T.
  11. Deed of Trust from Lenard R. Ledbetter and Diane K. Ledbetter by Lenard Ledbetter POA, to Randy Dodson, Trustee, securing an indebtedness of $634,018.33 to Union Bank & Trust Company; dated December 31, 2010, recorded January 14, 2011, in Record Book 89, Page 485, R.O.O.C.T.
  12. Deed of Trust from Lenard Ledbetter and Diane Ledbetter by Lenard Ledbetter POA, to Randy Dodson, Trustee, securing an indebtedness of $528,430.71 to Union Bank & Trust Company; dated March 5, 2011, recorded March 15, 2011, in Record Book 91, Page 653, R.O.O.C.T.
  13. Warranty Deed from Union Bank and Trust Company and Putnam 1st Mercantile Bank to Jerry Norrod, of record in Record Book 177, Page 751, R.O.O.C.T.
  14. Warranty Deed from Union Bank and Trust Company and Putnam 1st Mercantile Bank to Jerry K. Norrod and wife, Judy C. Norrod, of record in Record Book 191, Page 743, R.O.O.C.T.
  15. Warranty Deed from Union Bank and Trust Company and Putnam 1st Mercantile Bank to Cody Ledbetter and wife, Angela Ledbetter, of record in Record Book 186, Page 166, R.O.O.C.T.
  16. Deed of Trust from Jerry K. Norrod and Judy C. Norrod, to Randy Dodson, Trustee, securing an indebtedness of $241,800.71 to Union Bank & Trust Company; dated May 26, 2017, recorded May 30, 2017, in Record Book 177, Page 759, R.O.O.C.T.
  17. Deed of Trust from Jerry K. Norrod and Judy C. Norrod, to Randy Dodson, Trustee, securing an indebtedness of $78,990.00 to Union Bank & Trust Company; dated May 10, 2018, recorded May 17, 2018, in Record Book 191, Page 747, R.O.O.C.T.
  18. Deed of Trust from Cody Alan Ledbetter and Angela Mae Ledbetter to Randy Dodson, Trustee, securing an indebtedness of $191,000.00 to Union Bank & Trust Company; dated December 22, 2017, recorded December 29, 2017, in Record Book 186, Page 171, R.O.O.C.T.
  19. Subject to further off conveyances of record in Book 264, Page 598; Book 271, Page 406; Book 271, Page 469; Book 276, Page 485; and Book 309, Page 600, R.O.O.C.T.

The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.

Said sale will be subject to any and all unpaid ad valorem taxes (plus penalty and interest, if any) that may be a lien against the Property, and subject to any and all liens, defects, encumbrances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and subject to any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency. Said sale is also subject to matters which an accurate survey of the Property might disclose.

The Overton County Property is being sold “AS IS WHERE IS” without warranty or representation by the Successor Trustee. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

SUCCESSOR TRUSTEE RESERVES THE RIGHT TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT OF SAID ADJOURNMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE.

IN THE EVENT THE HIGHEST BIDDER DOES NOT CLOSE THE SALE WITHIN THE TIME PROVIDED, THE SUCCESSOR TRUSTEE RESERVES THE RIGHT TO CLOSE THE SALE WITH THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID.

The Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the property only as Successor Trustee. Title to the property is to be conveyed subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist including, without limitation, any unpaid ad valorem taxes or other taxes. The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust.

This 21st day of November, 2018.

/s/ David Matson, Successor Trustee

Pointer Title Services, Inc., Successor TrusteeDavid Matson, Attorney                       206-C S. Jefferson Ave.Cookeville, TN 38501

11-27, 12-4, 12-11, 3TC

 

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