Public Notices – September 1st – September 6th

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September 2nd, 2014

Grand Jury Notice
‘It is the duty of the Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this court. Any person having knowledge of proof that such an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated, section 40-12-104. The foreman in this county is June Thompson, who resides at 357 Ragon Road, Philadelphia, Tennessee.
The Grand Jury will be meeting in the courthouse in Madisonville on Wednesday, October 2, 2014 at 9:00 a.m. 
You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury when you know the statement to be false and when the statement touches on a matter material to the point in question.’

NON Ð RESIDENT NOTICE
NO. C14-349
IN THE GENERAL?
SESSIONS COURT
FOR MONROE COUNTY,
TENNESSEE
AT?MADISONVILLE

JUDITH?A.?LEWIS
VS.
SUSAN?TACKETT
In this cause, it appearing by order that the defendant, SUSAN?TACKETT, address unknown is a non-resident of the State of Tennessee, and that personal service of process cannot be had upon her. She therefore, is hereby required to serve answer on or before the 16th day of October, 2014. The same being 30 days from the last publication of this notice, upon Monroe County General Sessions Court, 310 Tellico Street S, Ste 1, Madisonville, TN 37354. Failure to do so, judgement by default will be taken against you for the relief demanded in the complaint and a hearing ex parte can be set.
It is further ordered that this notice be published for four consecutive week in the Monroe County Buzz. This the 22nd day of August 2014.

Issued this the 22nd day of August.

Martha M. Cook,
Circuit Court Clerk

Whitney Edwards,
Deputy Clerk

NOTICE OF SUCCESSOR TRUSTEE’S SALE

Default having been made in the payment of the debts and obligations as made, provided for and/or secured in a Deed of Trust executed by THERESA STEPHENS, a/k/a THERESA ANN STEPHENS, Widow, to Larry L. Hicks, Trustee, dated October 11, 2011, and recorded in Trust Deed Book T-29, page 255 in the Register’s Office for Monroe County, Tennessee, and the entire indebtedness having been declared due and payable and payment not having been made as demanded. Notice is hereby given that I, John Carson III, having been appointed Successor Trustee under the authority vested in me by said instrument, and having been requested to do so by the lawful holder and owner of said indebtedness will on October 7, 2014 at 12:00 noon on the steps of the Monroe County Courthouse, sell at public outcry, to the highest bidder and last bidder for cash, free from all statutory and other rights and equities of redemption to the extent provided for in T.C.A. ¤66 8 101, as amended and free from the rights of homestead and all other exemptions of any kind, which are waived in said Deed of Trust, but subject to any state tax liens and subject to any unpaid city or county property taxes and all other matters and encumbrances which take priority over the Deed of Trust under which this foreclosure sale is conducted, the following described property being located in Monroe County, Tennessee, and being more particularly described as follows:

SITUATED in the Third Civil District of Monroe County, Tennessee, and on Old Highway 68 South of Madisonville, at the intersection with Old Store Road:

TRACT ONE:

BEGINNING at a cedar tree and Rocky Springs Road; thence with Rocky Springs Road Northeasterly 945 feet to a stake; thence South 7¡ 30′ East 255 feet to a stake; thence South 63¡ 15′ West 866 feet to a stake; thence North 94 feet to a stake; thence South 48 feet to corner with Johnny Stephens, et ux; thence South 00¡ 24′ East 51.82 feet to a stake; thence South 13¡ 14′ West 141.70 feet to a stake; thence South 18¡ 33′ East 267.27 feet to the cedar tree being the point of beginning, containing 5 ? acres, more or less.

TRACT TWO:

BEGINNING at a stake with Isaac Stephens on the East side of the highway; thence North 75¡ 45′ East 260 feet to a stake; thence North 01¡55′ West 60 feet to a stake; thence North 67¡ 40′ East 147 feet to a stake; thence North 21¡ 50′ West 45 feet to a stake; thence North 57¡ 26′ East 174 feet to a pine tree; thence North 60¡ East 498 feet to a stake at fence; thence with the fence South 07¡ 13′ East 380 feet to a stake; thence South 63¡ 15′ West 866 feet to corner with Mrs. J. H. Stephens; thence North 94 feet to a stake; thence South 86¡ 50′ West 53 feet to a stake; thence North 03¡ 15′ West 13feet to a stake; thence South 77¡ West 125 feet to the highway; thence with the highway North 21¡ 30′ West 137 feet to the beginning, containing 6.9 acres, more or less.

BEING Tracts I and II of the property conveyed to Johnny L. Stephens and wife, Theresa Ann Stephens by instrument of record in WD 222, p. 773 in the Register’s Office for Monroe County, Tennessee. Johnny L. Stephens died while lawfully married to Theresa Ann Stephens, surviving by the entirety. See also Affidavit of record in Misc. Book 120, p. 466 and Quitclaim Deed of record in WD 258, p. 234 in the Register’s Office for Monroe County, Tennessee.

TRACT THREE:

BEGINNING at an iron pin corner at Highway 68 and Johnny Stephens line; thence with Johnny Stephens North 82¡ 07′ East 79.29 feet to an iron pin corner; thence South 13¡ 14′ West 36.60 feet to a point; thence South 18¡ 33′ East 267.27 feet to a cedar tree at Rocky Springs Road; thence with Rocky Springs Road North 67¡ 23′ West 238.97 feet to intersection with Highway 68; thence with Highway 68, North 29¡ 55′ East 62.42 feet to a point; thence continuing with Highway 68; North 19¡ 50′ East 69.57 feet to a point; thence North 09¡ 05′ East 67.53 feet to the point of beginning and containing .71 acres.

BEING Tract I of the property conveyed to Johnny L. Stephens and wife, Theresa Stephens by instrument of record in WD 246, p. 323 in the Register’s Office for Monroe County, Tennessee, from which this description was taken. Johnny L. Stephens died while lawfully married to Theresa Stephens, the surviving tenant by the entirety.

Property address: 777 Old Tellico Highway, Madisonville, Tennessee 37354

No Warranties or representations are made as to the marketability of title to said real property, which real property is being sold “where is, as is”, subject to all restrictions, easements, unpaid real property taxes, assessments, and all superior encumbrances and liens, if any, whether of record or not. The undersigned shall convey only as Successor Trustee without covenants or warranty of title. This is an action to collect a debt and any information obtained will be used for this purpose. Pursuant to T.C.A. 35-5-104(d) the following are interested parties that might have their interests extinguished or adversely affected by the sale: Foothills Farmer’s Cooperative, Sweetwater Valley Oil Co. Inc., and State of Tennessee Ð Department of Revenue.
This property is subject to a Notice of State Tax Lien in favor of the State of Tennessee Department of Revenue against Theresa Stephens dated July 12, 2014 and recorded July 18, 2014 in Misc. Book 243, p. 11 in the Register’s Office for Monroe County, Tennessee. Notice of Sale required by TCA ¤ 67-1-1433 has been timely given. The sale will be subject to the statutory right of the State of Tennessee to redeem the property.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. The sale held pursuant to this notice may be rescinded by the Successor Trustee’s option at any time.
SIGNED this the 27th day of August, 2014.

John Carson III,
Successor Trustee
WHITE, CARSON & ALLIMAN
ATTORNEYS AT LAW, P.C.
138 College Street, Madisonville, TN 37354
insert: September 2, 9, 16, 2014 977.14B

NOTICE OF SUCCESSOR TRUSTEE’S SALE

Default having been made in the payment of the debts and obligations as made, provided for and/or secured in a Deed of Trust executed by THERESA ANN STEPHENS, to Larry L. Hicks, Trustee, dated December 17, 2004, and recorded in Trust Deed Book L-20, page 29 in the Register’s Office for Monroe County, Tennessee, and the entire indebtedness having been declared due and payable and payment not having been made as demanded. Notice is hereby given that I, John Carson III, having been appointed Successor Trustee under the authority vested in me by said instrument, and having been requested to do so by the lawful holder and owner of said indebtedness will on October 7, 2014 at 12:00 noon on the steps of the Monroe County Courthouse, sell at public outcry, to the highest bidder and last bidder for cash, free from all statutory and other rights and equities of redemption to the extent provided for in T.C.A. ¤66 8 101, as amended and free from the rights of homestead and all other exemptions of any kind, which are waived in said Deed of Trust, but subject to any state tax liens and subject to any unpaid city or county property taxes and all other matters and encumbrances which take priority over the Deed of Trust under which this foreclosure sale is conducted, the following described property being located in Monroe County, Tennessee, and being more particularly described as follows:

TRACT ONE:

SITUATED in the Third Civil District of Monroe County, Tennessee, and being four (4) miles South of Madisonville on the Madisonville-Tellico Road and fronting on Tennessee Highway #68, and being Lots Numbers One (1), Two (2), and Three (3), as set out in Plat recorded in Plat Book 2, page 132, and drawn by Joe W. Torbett, Surveyor, September 30, 1968, and being more particularly described by metes and bounds as follows:

BEGINNING at the intersection of Highway #68 and the Old County Road at an iron pin; thence running from said iron pin and with Tennessee Highway #68 South 52 deg. 50 min. West 300 feet to an iron pin; thence running from said iron pin North 36 deg. 47 min. West 450 feet to an iron pin; thence running from said iron pin North 52 deg. 50 min. East 300 feet to an iron pin; thence running from said iron pin generally Southeast 233.1 feet to an iron pin in the Old County Road; thence running with the Old County Road South 23 deg. 00 min. East 225 feet to an iron pin and the point of BEGINNING. SAID property containing 3.3 acres, more or less.

BEING the same property conveyed to Johnny L. Stephens and wife, Theresa Stephens by deed of record in Warranty Deed Book 220, page 278, in the Register’s Office for Monroe County, Tennessee, and being Parcel 1100, as shown on Map 91K, Group A, in the Tax Assessor’s Office for Monroe County, Tennessee. See Warranty Deed Book 220, page 278 and Warranty Deed Book 206, page 695 for recent chain of title.

TRACT TWO:
LOCATED in the 3rd Civil District of Monroe County, Tennessee:

TO find the point of BEGINNING, begin at the point of intersection of the centerline of State Route #68 with the centerline of Watson Lane; thence with the State Route #68 centerline South 21 deg. 46 min. West 58.02 feet to a point; thence with a line North 68 deg. 14 min. West 75 feet to the point of BEGINNING, said point of BEGINNING being a 75 feet right of centerline station 124+73.02; thence with the said west proposed uncontrolled right of way line South 22 deg. 49 min. 52 sec. West 533.83 feet to a right of way marker on the existing West right of way line, said marker located 84.89 feet right of centerline station 130+06.76; thence with the said existing West right of way line marker located 118.08 feet right of centerline station 125+99.05; thence North 51 deg. 11 min. West 141.39 feet to right of way marker located 253.26 feet right of centerline station 125+57.59; thence North 52 deg. 25 min. East 112.75 feet to a right of way marker on the West proposed uncontrolled right of way line, said marker located 196.14 feet right of centerline station 124+61.21; thence with the said West proposed uncontrolled right of way line South 62 deg. 40 min. East 121.75 feet to the point of BEGINNING. CONTAINING 0.608 acres.

THIS conveyance is made and accepted SUBJECT to the following conditions that will be binding upon the Grantees, their successors and assigns, and shall run with the land in perpetuity.

SAID conditions are as follows:
The Grantees, for themselves, their heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that:

(1) No person, on the grounds of sex, handicap, race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of any public facilities which may be constructed on the above described land;

(2) That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced and in the selection of employees and contractors, by contractors in the selection and the retention of first-tier subcontractors and by first-tier subcontractors in the selection of the retention of second-tier subcontractors;

(3) That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on the above described land;

(4) That the Grantees comply with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, Title 49, Code of Federal Regulations, Part 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance; and 23 U.S.C., Section 324; and

(5) No junkyards as defined in Title 23, U.S. Code, Section 136, and T.C.A. Section 54-20-103, shall be established or maintained on land released as excess to highway needs; and no signs, billboards, outdoor advertising structures or advertisement of any kind shall be erected, displayed, placed or maintained on such lands, except that signs may be erected and maintained to advertise the sale of lease of the property or the principle activities conducted on the land upon which the signs are located.

Reference: The Legal Description contained herein was prepared by the Tennessee Department of Transportation, Region 1, 7345 Region Lane, P.O. Box, Knoxville, Tennessee 37901. All references are derived from official plans of the Department of Transportation for Project No. MAF-68(7), Monroe County, Tennessee.

BEING part or all of the property conveyed to Theresa Ann Stephens by deed of record in Warranty Deed Book 262, page 93, in the Register’s Office for Monroe County, Tennessee, and being Parcels 9, 10 & 11, as shown on Map 91K, Group A, in the Tax Assessor’s Office for Monroe County, Tennessee.

EXCEPTED from the above described property is 1.530 acres, more or less, previously conveyed to the State of Tennessee as recorded in Warranty Deed Book 201, page 16, Register’s Office for Monroe County, Tennessee, described as follows:

SITUATED, lying and being in Civil District No. 3 of Monroe County, Tennessee, and being more fully described as follows:

BEGINNING at a right of way marker on the West proposed uncontrolled right of way line at the point of intersection with the common property line between The Notchy Creek Baptist Church and the grantors herein, said marker located 84.89 feet right of centerline station 130+06.76; thence with the said proposed uncontrolled right of way line North 17 deg. 06 min. 43 sec. East 409.06 feet to a right of way marker on the common property line between The Notchy Creek Baptist Church and the grantors herein, said marker located 118.08 feet right of centerline station 125+99.05; thence with the said property line South 51 deg. 11 min. East 105 feet to a point on the existing South right of way line of Watson Lane; thence with the said existing South right of way line South 22 deg. 29 min. East 225.00 feet to a point on the existing West right of way line of State Route #68; thence with the said existing West right of way line South 53 deg. 27 min. West 300 feet to a corner common to The Notchy Creek Baptist Church; thence with the church property line North 37 deg. 32 min. West 78 feet to the point of BEGINNING. CONTAINING 1.530 acres, more or less.

Property address: Tilley Road, Madisonville, Tennessee 37354

No Warranties or representations are made as to the marketability of title to said real property, which real property is being sold “where is, as is”, subject to all restrictions, easements, unpaid real property taxes, assessments, and all superior encumbrances and liens, if any, whether of record or not. The undersigned shall convey only as Successor Trustee without covenants or warranty of title. This is an action to collect a debt and any information obtained will be used for this purpose. Pursuant to T.C.A. 35-5-104(d) the following are interested parties that might have their interests extinguished or adversely affected by the sale: Foothills Farmer’s Cooperative, Sweetwater Valley Oil Co. Inc., and State of Tennessee Ð Department of Revenue.
This property is subject to a Notice of State Tax Lien in favor of the State of Tennessee Department of Revenue against Theresa Stephens dated July 12, 2014 and recorded July 18, 2014 in Misc. Book 243, p. 11 in the Register’s Office for Monroe County, Tennessee. Notice of Sale required by TCA ¤ 67-1-1433 has been timely given. The sale will be subject to the statutory right of the State of Tennessee to redeem the property.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. The sale held pursuant to this notice may be rescinded by the Successor Trustee’s option at any time.
SIGNED this the 28th day of August, 2014

John Carson III,
Successor Trustee
WHITE, CARSON & ALLIMAN
ATTORNEYS AT LAW, P.C.
138 COLLEGE STREET, MADISONVILLE, TN 37354
insert: September 2, 9, and 16, 2014
978.14B

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