Public Notices

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IN THE GENERAL SESSIONS COURT OF SCOTT COUNTY, TENNESSEE

AT HUNTSVILLE

JAMES MICHAEL CALDWELL

and wife,

PAULA ROSE CALDWELL,

PETITIONERS

VS

ASHLEY MOORE and

RAYMOND DUNCAN,

RESPONDENTS

and

HOBERT TOMPKINS, JR.,

THIRD PARTY RESPONDENTS

IN RE: SUMMER RAIN DUNCAN

DOB: 8-14-2010

NO. 2016-DR-30

ORDER OF PUBLICATION

In this cause, it appearing from Petitioners’ Motion and the entire pleadings in this cause, that the Respondents are unable to be located in Scott County, Tennessee, it is believed that the Respondents live in Scott County, Tennessee, and that publication would be a proper means of service in this cause.

IT IS THEREFOR ORDERED that publication of this Order be made for three consecutive weeks in the Independent Herald, a newspaper published in Scott County, Tennessee, notifying the Respondents that they are required to answer and make defense to the Petition for Termination of Parental Rights and Adoption in the office of the General Sessions Court of Tennessee for Scott County, located at 575 Scott High Drive, Suite B, Huntsville, Tennessee 37756, withing thirty (30) days after the third weekly publication of this Order and that upon failure to do so, the Petition for Termination of Parental Rights and Adoption will be taken as admitted and the case set for hearing without their presence.

Entered and Ordered this 29th day of March, 2017.

Honorable James L. Cotton, Jr.

General Sessions Court Judge

C. Patrick Sexton,

BPR#021683

Sexton, Sexton & Leach, P.C.

425 Industrial Lane

P.O. Box 4187

Oneida, TN 37841

Attorney for Petitioners

(6/22, 29; 7/6/2017)

 

NOTICE TO CREDITORS

ESTATE OF EDGAR E. BUSHMAN

Late of Scott County, Tennessee

Notice is hereby given that on the 5th day of June, 2017, Letters of Testamentary, in respect to the Estate of Edgar E. Bushman, deceased, were issued to Roy A. Bushman, as Executor, by the Probate Court of Scott County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his Estate, are required to file the same with the Clerk of the above-named Court, in proper form submitted in triplicate copies, within four months from the date of the first publication of this notice, otherwise their claim will be forever barred.

All persons indebted to the above Estate must come forward and make proper settlement with Administrator at once.

This 5th day of June, 2017.

DONNIE PHILLIPS

Probate Clerk

(6/15, 22/2017)

 

NOTICE TO CREDITORS

ESTATE OF JAMES A. BOND

Late of Scott County, Tennessee

Notice is hereby given that on the 5th day of June, 2017, Letters of Administration, in respect to the Estate of James A. Bond, deceased, were issued to Margaret Bond, as Administratrix, by the Probate Court of Scott County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his Estate, are required to file the same with the Clerk of the above-named Court, in proper form submitted in triplicate copies, within four months from the date of the first publication of this notice, otherwise their claim will be forever barred.

All persons indebted to the above Estate must come forward and make proper settlement with Administrator at once.

This 5th day of June, 2017.

DONNIE PHILLIPS

Probate Clerk

(6/15, 22/2017)

 

NOTICE OF TRUSTEE’S SALE

Under and by virtue of the authority vested in the undersigned Trustee by Deed of Trust executed the 18th day of May, 2012,, by BRANDON POTTER and wife, LISA POTTER, to secure certain indebtedness owed to United Cumberland Bank, Inc., (formerly First Trust & Savings Bank), of  Oneida, Tennessee, therein described, which said Trust Deed is recorded in the Register’s Office of Scott County, at Huntsville, Tennessee, identified as follows: Trust Deed Book 274, Page 231, recorded on May 25, 2012,  at 1:35 P.M, and to which said Deed of Trust reference is hereby made to the powers and provisions contained therein; and default having been made in the payment of said indebtedness secured, and in other covenants and conditions of said Trust Deed; and the holder or holders of said indebtedness having requested that because of certain default the real estate described in said Trust Deed be sold as provided in said Trust Deed under the power of sale contained in said Trust Deed, Charles B. Sexton, as President of Sexton, Sexton & Kazee, P.C., Trustee, will offer for sale to the highest bidder for cash in hand at 10:30 o’clock a.m., EST, on Wednesday, June 28, 2017, the following described real estate located in the 4th Civil District of, Scott County, Tennessee:

“Situated in the Fourth Civil District of Scott County, Tennessee, being in the Helenwood Community lying on the west side of the county road known as the Helenwood Loop Road, being approximately 300’ northwestwardly of the northernmost crossing of said road by the T.V.A. Wolf Creek Transmission line and more fully described as follows:

Beginning on an iron pin in the common line of Grantor and Shoemaker (witness iron pin on grantor’s westernmost corner at S 50º15’52” W 480.68’); thence running with said Shoemaker line N 50º15’52” E a distance of 180.23’ to an iron pin, being the westernmost corner of another 2.00 acre tract; thence leaving said Shoemaker line and running with said 2.00 acre tract S 81º52’05” E, passing an iron pin on line at 281.95’, a total distance of 301.00’ to a point in the centerline of a 30’ road right-of-way easement (witness power pole at S 83º21’30” W 7.45’); thence running with the centerline of said easement and with the Kable Krahn line S 04º38’44” E a distance of 165.72’; thence S 15º16’43” W a distance of 92.70’; thence S 33º00’4111 W a distance of 41.50’ to a point in said centerline; thence leaving said centerline and running N 61º43’20” W, passing an iron pin on line at 15.05’, a total distance of 457.56’ to the point of beginning.  Containing 2.00 acres more or less.

Surveyed August 19, 2005, by Jimmy R. Reed, TN RLS #1372.

Also conveying and reserving non-exclusive use of the following road right-of-way easements, being the same easements conveyed to Grantor and reserved in Warranty Deed Book 251, Page 68:

Beginning on an iron pin on the northwest corner of lot #3 and running thence N 02º22’52” E a distance of 50.00’ to an iron pin; thence running S 87º37’08” E a distance of 124.08’ to an iron pin; thence running with a curve turning to the left with an arc length of 128.63’, with a radius of 199.40’, with a chord bearing of N 73º54’00” E, with a chord length of 126.41’ to an iron pin; thence running N 55º25’08” E a distance of 78.36’ to an iron pin; thence running with a curve turning to the right with an arc length of 115.33’, with a radius of 133.03’, with a chord bearing of N 80º15’18” E, with a chord length of 111.75’ to an iron pin; thence running S 74º54’33” E a distance of 90.63’ to an iron pin; thence running N 77 07’54”E a distance of 26.81’ to a point in the center of the Helenwood Loop Road; thence running with said county road centerline S 17 04’44” W a distance of 77.62’ to a point; thence leaving said county road and running N 39º55’44” W a distance of 26.16’ to an iron pin; thence running N 74º54’33”W a distance of 90.18’ to an iron pin; thence running with a curve turning to the left with an arc length of 71.98’, with a radius at 83.03’, with a chord bearing of S 80º15’18” W, with a chord length of 69.75’ to an iron pin; thence S 55º25’08” W a distance of 78.36’ to an iron pin; thence running with a curve turning to the right with an arc length of 160.89’, with a radius of 249.40’, with a chord bearing of S 73º54’00” W, with a chord length of 158.11’ to an iron pin; thence running N 87º37’08”W, passing an iron pin on the northeast corner of lot #1 at 93.27’, passing the common corner of lot #1 and lot #3 at 108.67’, a total distance of 124.08’ to the point of beginning.  Containing 0.64 acres more or less.

Also conveying non-exclusive use of the that portion of the a 30’ road right-of-way easement lying outside the boundaries of the above described 2.00 acre tract, and reserving non-exclusive use of that portion of said 30’ road right–of-way easement lying within said 2.00 acre tract, the centerline of said right-of-way generally following the common lines of lot #1 and lot #3, and more fully described as follow: Beginning on an iron pin on the beginning and northeast corner of the above described 10.00 acre tract, being in the south line of the above described 50’ road right-of-way easement; thence running with said 50’ road right-of-way easement S 87 37’08”E a distance of 15.40’ to an iron pin; thence leaving said 50’ easement and running S 15º29’49” W a distance of 94.57’ to an iron pin; thence S 15º29’49” W a distance of 277.47’; thence S 32º52’26” W a distance of 95.08’; thence S 42º50’49” W a distance of 140.47’; thence S 27º17’08” W a distance of 61.84’; thence S 04º38’44” E a distance of 192.13’; thence S 15º16’43”W a distance of 97.68’; thence S 33º00’41” W a distance of 124.88’ to a point in the northeast line of lot #2; thence running with said lot #2 N 49º16’30” W a distance of 15.14’ to a common corner of lot #1, lot #2 and lot #3;  thence running with the common line of lot #2 and Lot 33  S 33º01’08” W a distance of 100.00’; thence leaving said line and running N 24º29’17” E a distance of 101.12’;  thence N 33º00’41” E a distance of 118.17’; thence N 15º16’43”E a distance of 87.73’; thence N 04º38’44” W a distance of 195.44’; thence N 27º17’08” E a distance of 74.52’; thence N 42º50’49” E a distance of 141.95’; thence N 32º52’26” E a distance of 87.88’; thence N 15º29’49” E a distance of 200.68’ to an iron pin on the outside line of jot #3; thence running with said outside line N 15º29’49” E a distance of 159.79’ to an iron pin in the south line of  a 50’ road right-of-way easement; thence running with said 50’ easement S 87 37’08”E a distance of 15.40’ to the point of beginning.  Containing 0.76 acres more or less.

Easements surveyed April 04, 2005 by Jimmy R. Reed, TN R.L.S. #1372.

SUBJECT TO THE FOLLOWING RESTRICTIVE COVENANTS:

The above-described property is affected and controlled by the restrictive covenants and land-use limitations hereinafter set forth and listed (hereinafter referred to collectively as “Restrictive Covenants”), which are being here hereby established and imposed upon the above-described property, and are more specifically established and set forth as follows:

1. No single wide pre-manufactured homes allowed.

2. Modular Double-wide homes are allowed; they must be set on permanent foundation and underpinned with the front and back porches installed at time of installation.  They must be kept neat at all times, and no less than 5 (five) years old at time of installation.

3. No multi-unit homes are allowed.

4. Livestock may be kept (except swine) as long as there is not an excess to cause an odor problem to the neighborhood.

5. All septic tank installation shall comply with the applicable laws.

6. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything to done thereon which may be or become an annoyance or nuisance to the neighborhood.

7. A minimum of 1000 sq foot shall be used on all newly constructed homes. The exterior of the home must be completed within one (1) year after construction has begun.

8. All residences shall be at least 30 feet from the front lot line and at least 10 feet from side and rear lines.”

DERIVATION OF TITLE: For title reference see Deed Book 274, Page 843, Register of Deeds’ Office, for Scott County, at Huntsville, Tennessee

(Map 85, Parcel 1.11)

Said sale will be held at the north entrance door of the Scott County Justice Center, at 575 Scott High Drive, in Huntsville, Scott County, Tennessee, and will be free from the equity of redemption, homestead, dower, and all other exemptions as provided in said Trust Deed and any modification.

Said real estate will be sold subject to all unpaid taxes and existing liens other than these Trust Deed, and the undersigned Trustee will execute a Deed to the Purchaser as Trustee only.  The proceeds of the sale will be applied as set out in said Trust Deed.

The foregoing property will be sold subject to any utility easements, roadways and all other encroachments, right-of-way, both visible and not visible, both of record and not of record, city, county, and state zoning ordinances, codes, and laws, and land use, land taxes and assessments, mineral reservations, restrictive covenants, and any other restrictions or conditions contained in any other instrument in the chain of title, if any.

The beneficiary, the United Cumberland Bank, Inc., of Oneida, Tennessee, by and through an authorized representative, reserves the right to bid at the above described Trustee’s sale. 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 the highest bidder cannot pay the bid within forty-eight (48) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee.

SALE IS SUBJECT TO TENANT(S) RIGHT IN POSSESSION, IF ANY.

AS APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.

Witness this 2nd day of June, 2017.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

SEXTON, SEXTON & KAZEE, P.C.,

Trustee

CHARLES B. SEXTON, President

(6/8, 15, 22/2017)

 

NOTICE OF TRUSTEE’S SALE

Under and by virtue of the authority vested in the undersigned Trustee by Deed of Trust executed the 27th day of June, 2012,, by EDDIE B. COTTON and wife, MARSHA COTTON to secure certain indebtedness owed to United Cumberland Bank, Inc., (formerly First Trust & Savings Bank), of  Oneida, Tennessee, therein described, which said Trust Deed is recorded in the Register’s Office of Scott County, at Huntsville, Tennessee, identified as follows: Trust Deed Book 275, Page 217, recorded on July 13, 2012,  at 12:56 P.M, and to which said Deed of Trust reference is hereby made to the powers and provisions contained therein; and default having been made in the payment of said indebtedness secured, and in other covenants and conditions of said Trust Deed; and the holder or holders of said indebtedness having requested that because of certain default the real estate described in said Trust Deed be sold as provided in said Trust Deed under the power of sale contained in said Trust Deed, Charles B. Sexton, as President of Sexton, Sexton & Kazee, P.C., Trustee, will offer for sale to the highest bidder for cash in hand at 10:15 o’clock a.m., EST, on Wednesday, June 28, 2017, the following described real estate located in the 6th Civil District of, Scott County, Tennessee:

“TRACT ONE:

Situate in the Sixth (6th) Civil District of Scott County, Tennessee, and within the incorporated limits of the Town of Oneida, Tennessee, and being more fully described as follows:  Being Lot No. 32 in Far Vue Hills Subdivision No. 1 as shown by map of record in Deed Book 96, Page 425.  Map 41-P, Group A, Parcel 4.00.”

TRACT TWO:

Being Lot No. 33 in Far Vue Hills Subdivision No. 1 as shown by map of record in Deed Book 96, Page 425, Register’s Office of Scott County, Tennessee, and being more particularly bounded and described as shown on said map of record aforesaid, and as shown by survey of Leland K. Milligan, Surveyor, dated January 4, 1971.  Map 41-P, Group A, Parcel 2.01.”

DERIVATION OF TITLE: For title reference see Deed Book 281, Page 463, Register of Deeds’ Office, for Scott County, at Huntsville, Tennessee

(Map  041-P, Group A, Control Map 041-P, Parcels 004.00 and 002.01)

Said sale will be held at the north entrance door of the Scott County Justice Center, at 575 Scott High Drive, in Huntsville, Scott County, Tennessee, and will be free from the equity of redemption, homestead, dower, and all other exemptions as provided in said Trust Deed and any modification.

Said real estate will be sold subject to all unpaid taxes and existing liens other than these Trust Deed, and the undersigned Trustee will execute a Deed to the Purchaser as Trustee only.  The proceeds of the sale will be applied as set out in said Trust Deed.

The foregoing property will be sold subject to any utility easements, roadways and all other encroachments, right-of-way, both visible and not visible, both of record and not of record, city, county, and state zoning ordinances, codes, and laws, and land use, land taxes and assessments, mineral reservations, restrictive covenants, and any other restrictions or conditions contained in any other instrument in the chain of title, if any.

The beneficiary, the United Cumberland Bank, Inc., of Oneida, Tennessee, by and through an authorized representative, reserves the right to bid at the above described Trustee’s sale. 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 the highest bidder cannot pay the bid within forty-eight (48) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee.

SALE IS SUBJECT TO TENANT(S) RIGHT IN POSSESSION, IF ANY.

AS APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.

Witness this 31st day of May, 2017.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

SEXTON, SEXTON & KAZEE, P.C.,

Trustee

CHARLES B. SEXTON, President

(6/8, 15, 22/2017)