Legal Notices

Legal 10-3493 SUBSTITUTE TRUSTEE'S NOTICE OF SALE Default having been made in the payment of the debts and obligations secured to be paid in that certain Deed of Trust executed May 31,2013 , by KERRY MESSER and LYNN MESSER, husband and wife, conveying to MARK HAYES, Trustee, the hereinafter described property to secure FIRST MIDWEST BANK, the payment of one Promissory Note of even date, in the principal amount of Two Hundred Fifty-Three Thousand Eight Hundred Forty-One and 12/100 Dollars ($253,841.12), together with interest from date, as same appears of record in Record Book 788, Page 251, in the Register's Office for Dyer County, Tennessee and Deed of Trust Book 279, page 767 in the Register’s Office for Crockett County, Tennessee. FIRST MIDWESTBANK, the present owner and holder of said above-described note and indebtedness secured by said Deed of Trust, appointed J. MICHAEL GAULDIN as Substitute Trustee in Record Book 886,Page 588 in the Register’s Office for Dyer County and Deed of Trust Book 306, Page 387 in the Register’s Office for Crockett County, and has declared the entire amount due and payable as provided in said Note and Deed of Trust and requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default. This is to give notice that I will, on November, 6, 2017 , commencing at 1 1:00 o’clock a.m., at the north door of the Dyer County Courthouse, Dyersburg, Dyer County, Tennessee, in accordance with the terms and conditions of said Note and Deed of Trust, proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to-wit: Situate, lying and being in the Second (2nd) Civil District of Dyer County, Tennessee, and the Twelfth (12th) Civil District of Crockett County, Tennessee, and described as follows: BEGINNING at a stake in the Friendship and Halls public road, the southeast corner of Lot No. 2 of the Thompson land, which was assigned to Mary Smith in the cause of Davis Thompson v s. N. C. Smith in the County Court of Dyer County, Tennessee, of which tract part of the within described tract is a part; thence North with the east line of the original Thompson lands, passing the southeast corner of Lot No. 5 of said original Thompson lands at 101-1/3 poles,continuing on with the east line of Lot No. 5, a part of which is a part of this tract, in all 256-1/3 poles to a stake, the northeast corner of said Lot No. 5 in said Thompson division, being the sou th east corner of said Lot No. 6 in said division, now owned by York; thence West with south line of Lot No. 6, 46-13/31 poles to a stake, the northeast corner of the tract sold by B. F. Doriety and wife to J. B. York; thence South 19-1/4 degrees West,170 poles to a stake in Screws’north line, the southeast corner of the tract bought by York of B.F. Doriety; thence East with Screws’ north line,54-6/11 poles to a stake, Screws’ northeast corner and the northwest corner of tract sold by R. J. Perry and wife to Doriety; thence South with Screws ’east line, 101-1/3 poles to a stake in the Friendship and Halls public road; thence East with said road, the south line of Lot No. 2 of the Thompson lands, 53-5/11 poles to the BEGINNING, containing 110 acres, more or less. INCLUDED within the foregoing calls, but EXCLUDED from this conveyance is approximately 2.3 acres of that portion of same lying in Crockett County and approximately 1.5 acres of that portion of same lying in Dyer County taken and used as part of the right-of-way for relocated Tennessee Highway No. 20. ALSO INCLUDED in the above described parcel but EXCLUDED from this conveyance are the following two parcels, conveyed to the State of Tennessee in Record Book 328, page 606, in the Register’s Office for Dyer County, Tennessee, and in Deed Book 94, page 169, in the Register’s Office for Crockett County, Tennessee; and corrected in Record Book 328, page 611, in the Register’s Office for Dyer County, Tennessee: EXCLUSION 1: BEGINNING at a point on the northeast existing right- of-way line of State Route 20, said point located 13.15 left feet of Centerline Station 323 + 29.68 and being the point of intersection between the northeast existing right-of-way line of State Route 20 and the Grantors’ northwest property line; thence along the Grantors’ northwest property line, North 37 degrees 38 minutes 45 seconds East, 97.27 feet to a right-of-way marker located 110 feet left of Centerline Station 323 + 20.66; thence along the proposed right-of-way line,South 47 degrees 02 minutes 08 seconds East, 229.34 feet to a right-of-way marker located 110 feet left of Centerline Station 325 + 50; thence with the proposed right-of-way line, South 49 degrees 12 minutes 03 seconds East, 314.51 feet to the point of inters ection with the G rantors’ southerly property line; thence along the Grantors’ southerly property line, North 86 degrees 24 minutes 53 seconds West, 171.94 feet to the point of intersection with the northeast existing right-of- way line of State Route 20, said point located 12.79 feet left of Centerline Station 327 + 31.38; thence along the northeast existing right-of-way line of State Route 20, North 46 degrees 59 minutes 04 seconds West, 401.70 feet to the POINT OF BEGINNING. EXCLUSION 2: BEGINNING at a point on the northeast existing right -of-way line of State Route 20, said point located 12.28 feet left of Centerline Station 333 + 91.20 and being the point of intersection between the northeast existing right-of-way line of State Route 20 and the Grantors’ west property line; thence North 01 degree 20 min utes 39 seconds East along the G rantors’ west property line, 161.12 feet to a point on said property located 132.76 feet left of Centerline Station 332 + 84.16; thence along the proposed right-of-way line, South 47 degrees 48 minutes 20 seconds East, 166.86 feet to a right-of-way marker located 135 feet left of Centerline Station 334 + 51; thence with the proposed right-of -way line,South 43 degrees 40 minutes 49 seconds East, 598.03 feet to a right-of-way marker located 100 feet left of Centerline Station 340 + 48; thence with the proposed right-of- way line,South 65 degrees 21 minutes 24 seconds East, 159.06 feet to a right-of-way marker located 150 feet left of Centerline Station 341 + 99; thence with the proposed right-of- way line,South 46 degrees 58 minutes 38 seconds East, 234.38 feet to the point of intersection with the Grantor’s east property line; thence along the Grantors’ east property line,South 03 degrees 23 minutes 44 seconds West, 138.68 fee t to the point of intersection with the northeast existing right-of-way line of State Route 20; thence North 46 degrees 56 minutes 00 seconds West along the northeast existing right-of- way line, 80.23 feet to a right-of-way marker located 42.39 feet left of Centerline Station 344 + 41.49; thence with the northeast existing right-of-way line,South 43 degrees 04 minutes 37 seconds West, 30.61 feet to a point on the northeast existing right-of-way line of State Route 20, said point located 13 feet left of Centerline Station 344 + 41.49; thence with the northeast existing right-of-way line, North 47 degrees 03 minutes 30 seconds W est 785.16 feet to a point; thence with the northeast existing right-of-way line, North 46 degrees 59 minutes 29 seconds West 265.08 feet to the POINT OF BEGINNING. Exclusions 1 and 2 contain 4.075 acres more or less. ALSO INCLUDED in the above described parcel but EXCLUDED from this conveyance is the following described parcel on the southwest side of Hwy 412 (State Hwy 20),conveyed to Thomas and Frances Quick in Deed Book 165, page 52: EXCLUSION 3: Lying and being situated in the Second (2nd) Civil District of Dyer County, Tennessee, and BEGINNING at a point in the west right of way of State Highway No. 20, said point being a southeast corner of the adjacent Thomas Quick tract of land; runs thence South with the line of the adjacent Thomas Quick tract, 125 feet to a stake in Eugene Vickers’ north line; thence East with Vickers’ north line 174 feet to a stake in the west right of way of State Highway No. 20; thence in a northwesterly direction with the west right of way of State Highway No. 20, 207 feet to the POINT OF BEGINNING. Being further identified as Map 158, Parcel 19.00, in the records of the Tax Assessor’s Office for Dyer County, Tennessee; and Map 11, Parcel 1.00, in the records of the Tax Assessor’s Office for Crockett County, Tennessee. Said sale will be made subject to all current and prior years’ real estate taxes and subject to any applicable easements, includi ng any known and unknown utility and roadway easements,and restrictions or prior liens or mortgages, if any. If the highest bidder is unable to comply with the terms of sale, I reserve the right to proceed to the next highest bidder able to comply, or to re -advertise if I so choose. The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time set out above. Title is believed to be good, but I will sell and convey as Substitute Trustee only. Other Interested Parties: None Known J. Michael Gauldin, Substitute Trustee J. Michael Gauldin , Substitute Trustee Wilkerson & Gauldin 113 South Mill AvenueP.O. Box 220 Dyersburg, TN 38025 PUBLICATION DATES: October 19, 2017 October 26, 2017 November 2, 2017
Legal 10-3490 NOTICE OF SUCCESSOR TRUSTEE'S SALE WHEREAS , default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust Note dated November 6, 2008, and the Deed of Trust of even date, securing said Deed of Trust Note recorded in Book 689, at Pages 584-593, as Instrument Number 200807184 in the Register's office for Dyer County, Tennessee, executed by Paula Jean Berry, an unmarried woman and Tracey Metz, an unmarried woman, conveying the certain property described therein to LSI, Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc. solely as nominee for Guaranteed Rate, Inc., and to Renee Kammer, having been appointed as Successor Trustee by instrument of record in the Register's office for Dyer County, Tennessee in Book 880, at Pages 194-196, as Instrument Number 20173158. WHEREAS , the owner and holder of the Deed of Trust Note has declared the entire indebtedness due and payable and demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure in accordance with the terms and provisions of the Deed of Trust Note and Deed of Trust. NOW, THEREFORE , notice is hereby given that an agent of Renee Kammer, as Successor Trustee, pursuant to the power, duty and authority vested in and conferred upon said Successor Trustee, by the Deed of Trust, will on October 31, 2017 at 1:00 p.m. at the North Door of the Dyer County Courthouse, 101 W Court Street, Dyersburg, Tennessee offer for sale to the highest bidder for cash, and free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Dyer County, Tennessee, described as follows: SITUATED, LYING AND BEING IN THE SIXTH (6TH) CIVIL DISTRICT OF DYER COUNTY, TENNESSEE, ON THE NORTH SIDE OF BACKOUT ROAD AND BEING LOT NUMBER 1, JOHN RILEY PARKS SUBDIVISION AS SHOWN ON A MINOR SUBDIVISION PLAT OF SURVEY RECORDED IN RECORD BOOK 424, PAGE 271, IN THE REGISTER'S OFFICE FOR DYER COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE CENTERLINE OF BACKOUT ROAD, SAID ROAD HAVING A WIDTH OF 40 FEET, AND SAID BEGINNING POINT BEING THE SOUTHEAST CORNER OF A 5.9369 ACRE TRACT CONVEYED TO TIM M. CAPPS ET UX BY DEED RECORDED IN RECORD BOOK 386, PAGES 278-9, IN SAID REGISTER'S OFFICE AND SAID POINT BEING THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED HEREIN; RUNS THENCE NORTH 02 DEGREES 27 MINUTES EAST WITH TIM M. CAPPS EAST LINE, 577.00 FEET TO A STAKE; RUNS THENCE SOUTH 87 DEGREES 33 MINUTES EAST 150.00 FEET TO A STAKE; RUNS THENCE SOUTH 03 DEGREES 11 MINUTES WEST 621.32 FEET TO A STAKE IN THE CENTERLINE OF BACKOUT ROAD; RUNS THENCE WITH SAID CENTERLINE NORTH 60 DEGREES 34 MINUTES WEST 52.03 FEET; NORTH 73 DEGREES 29 MINUTES WEST 48.71 FEET AND FINALLY NORTH 77 DEGREES 14 MINUTES WEST 49.28 FEET TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY DATED APRIL 9, 2001, BY W. MARK MCCLURE, TN RLS, LICENSE NO. 1333, 4585 HAMER ROAD, NEWBERN, TENNESSEE. BEING THE SAME PARCEL CONVEYED TO PAULA JEAN BERRY AND TRACEY METZ FROM PAULA JEAN BERRY, FORMERLY KNOWN AS JEAN ISBELL, BY VIRTUE OF DEED DATED 11/06/2008, RECORDED 12/12/2008, IN DEED BOOK 689, PAGE 581, COUNTY OF DYER, STATE OF TENNESSEE. BEING THE SAME PARCEL CONVEYED TO JEAN ISBELL FROM STEVE ISBELL, BY VIRTUE OF DEED DATED 6/20/2002, RECORDED 11/04/2004, IN DEED BOOK 557, PAGE 899, COUNTY OF DYER, STATE OF TENNESSEE. BEING THE SAME PARCEL CONVEYED TO STEVE ISBELL AND JEAN ISBELL FROM BILL M. DAVIS, BY VIRTUE OF A DEED DATED 07/27/2001, RECORDED 7/30/2001, IN DEED BOOK 433, PAGE 725, COUNTY OF DYER, STATE OF TENNESSEE. More Commonly Known As: 300 BACKOUT ROAD, NEWBERN, TN 38059-0000 Said sale shall be held 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; to any matter that an accurate survey of the premises might disclose; and subject to, but not limited to, the following parties who may claim an interest in the above-referenced property: State of Tennessee, Tennessee Department of Revenue claiming a right of redemption pursuant to T.C.A. § 67-1-1433(c)(1). The following individuals or entities have an interest in the above-described property: (1) Paula Jean Berry aka Jean Isbell, (2) The Unknown Spouse of Paula Jean Berry aka Jean Isbell, (3) Tracey Metz aka Tracey B. Metz, (4) The Unknown Spouse of Tracey Metz aka Tracey B. Metz, (5) State of Tennessee, Tennessee Department of Revenue by virtue of lien recorded in Book 731, at Page 608, as Instrument Number 20105328, (6) The Occupants/Tenants of 300 BACKOUT ROAD, NEWBERN, TN 38059-0000. To the best of the Trustee's knowledge, information, and belief, there are no other Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provision of T.C.A. § 35-5-104 or T.C.A. § 67-1-1433 or 26 U.S.C. § 7425. State of Tennessee, Tennessee Department of Revenue has been timely notified of this sale pursuant to T.C.A. § 67-1-1433(b)(2). The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option at any time. The Successor Trustee may postpone the above referenced sale from time to time as needed without further publication. The Successor Trustee will announce the postponement on the date and at the time and location of the originally scheduled sale. This is an attempt to collect a debt, and any information gathered in connection herewith will be utilized for that purpose. DATED this 5th day of October, 2017 Prepared by: Renee Kammer Marinosci Law Group, P.C. 50 Peabody Place, Suite 255 Memphis, Tennessee 38103 Renee Kammer Successor Trustee Publication: October 10, 2017 October 17, 2017 October 24, 2017
Legal 10-3487 NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, DYER COUNTY WHEREAS, Alvin Dance and Sharon Dance executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc., Lender and Infinity Title, LLC, Trustee(s), which was dated November 3, 2006 and recorded on November 17, 2006 in Book 629, Page 687, Dyer County, Tennessee Register of Deeds. WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, (the "Holder"), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on October 31, 2017, at 12:00PM at the usual and customary location at the Dyer County Courthouse, Dyersburg, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Dyer County, Tennessee, to wit: Situated, lying and being in the 4th Civil District of Dyer County, Tennessee, within the corporate limits of the City of Dyersburg, in the Fowlkes Second Addition to the City of Dyersburg and designated as Lot No. 64, in the partition of the said property among the children of W.P. Fowlkes, which said decree or partition and plat of the land is recorded in the Office of the County Clerk of Dyer County, in Minute Book G, page 665, et seq., , being one of the lots sold to Mrs. M.P.W. Parr by W.C. Wilson and wife, by deed recorded in Deed Book 22, page 158, in the Register's Office for Dyer County, Tennessee. The above-referenced plat shows Lot No. 64 fronts 95 feet on the south side of Lee Street and runs south between parallel lines 143 feet to an alley. Tax Map 99-B, B-20. Included in the above description, but excluded from this conveyance, is the following described property conveyed to the State of Tennessee by deed recorded in Book 399, page 347, Register's Office for Dyer County, Tennessee: Beginning at a point in the south existing right of way of Lee Street, said point located at the northeast corner of the property, the common corner with property and being 5.771 meters (18.93 feet) right of Lee Street survey centerline station 0+926.253; thence in a westerly direction along the existing right of way line 10.5 meters (34.44 feet), more or less, to a point, said point located on the south existing and proposed rights of way of Lee Street, and being 5.78 meters (18.96 feet) right of Lee Street survey centerline station 0+914.416; thence south 78 deg. 31 min. 29 sec. east along the proposed right of way 12.00 meters (39.96 feet), more or less, to a point on the east line of the property, the common line with property and being 7.167 meters (23.51 feet) right of the Lee Street survey centerline station 0+926.272; thence continuing along the common line in a northerly direction 1.396 meters (4.58 feet), more or less, to the point of beginning, and containing 9 square meters (97 square feet), more or less. Said property is hereby conveyed in the simple and the lien for property taxes against the same is to be removed as provided for in Section 67-5-203, Tennessee Code Annotated. Being the same property conveyed to Danny Lemon and wife, Merrill Lemon on 09/05/2001, by deed from Ronald Hunt, filed for record on 09/11/2001 in Book 437, page 411, Register's Office for Dyer County, Tennessee. Contract for Deed to Alvin Dance and wife, Sharon Dance from Danny M. Lemon and wife, Merrill Lemon executed 07/30/2003 and filed for record on 08/08/2003 in Book 510, page 898, Register's Office for Dyer County, Tennessee. Parcel ID Number: 099B B 020.00 000 Address/Description: 629 Lee Street, Dyersburg, TN 38024. Current Owner(s): Alvin Dance and wife Sharon Dance. Other Interested Party(ies): N/A The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in 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. This office is attempting to collect a debt. Any information obtained will be used for that purpose. Brock & Scott, PLLC, Substitute Trustee c/o Tennessee Foreclosure Department 4360 Chamblee Dunwoody Road, Ste 310 Atlanta, GA 30341 PH: 404-789-2661 FX: 404-294-0919 File No.: 17-07664 FC02 Publication: October 10, 2017 October 17, 2017 October 24, 2017
Legal 10-3479 IN THE JUVENILE COURT OF TENNESSEE FOR THE TWENTY-NINTH JUDICAL DISTRICT, AT DYERBURG Christy Brim, Petitioners vs. Amanda Gladden, Respondents Civil Action No. 17-JV-117 Filed: August 09, 2017 Attorney: Thomas Weakley 118 N. Mill Ave., PO Box 524 Dyersburg, TN 38025 Publication: October 01, 2017 October 08, 2017 October 15, 2017 October 22, 2017
LEGAL 10-3492 CHANCERY COURT TONY CHILDRESS CHANCERY JUDGE DYER COUNTY NOTICE TO CREDITORS Civil Action No. 17-CV-403 Estate of Lela M. Bohlen Betsinger Notice is herby given that on the 24th day of January, 2017 letters of testamentary (or of administration as the case may be) in respect of the estate of Lela M. Bohlen Betsinger who died on January 24, 2017 were issued to the undersigned by the Chancery Court of Dyer County, Tennessee. All persons, resident and nonresident , having claims, matured or unmatured, against the estate are required to file the same 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 first publication (or posting) as described in (1) (A); or (2) Twelve (12) months from the descendent's date of death. This 5th day of October Administrator or Executor: Matthew West Attorney for the Estate: Cameron Himes 310 Great Circle Rd Nashville, TN 37243 Publication dates: October 13, 2017 October 30, 2017 Clerk/Deputy: H. Steven Walker
LEGAL 10-3491 CHANCERY COURT TONY CHILDRESS CHANCERY JUDGE DYER COUNTY NOTICE TO CREDITORS Civil Action No. 17-CV-392 Estate of Bettie Sue Hartsfield Notice is herby given that on the 5th day of October, 2017 letters of testamentary (or of administration as the case may be) in respect of the estate of Bettie Sue Hartsfield who died on June 26, 2017 were issued to the undersigned by the Chancery Court of Dyer County, Tennessee. All persons, resident and nonresident , having claims, matured or unmatured, against the estate are required to file the same 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 first publication (or posting) as described in (1) (A); or (2) Twelve (12) months from the descendent's date of death. This 5th day of October Administrator or Executor: Jerry Lynn Hartsfield Attorney for the Estate: J. Michael Gauldin 113 S. Mill Ave. PO Box 220 Dyersburg, TN 38025 Publication dates: October 13, 2017 October 30, 2017 Clerk/Deputy: H. Steven Walker