Notice to Creditors
As Required by TCA §30-2-306
Chester County Chancery Court
Case Number 12CH1-2020-PR-556
In the Matter of the Estate of: barbara nell mcalpin, Deceased
Notice is Hereby Given that on 8/21/2020, Letters Testamentary, of Administration, in respect to the Estate of barbara nell mcalpin deceased, were issued to the undersigned by the Chancery Court of Chester County, Tennessee.
All persons, resident and non-resident, having claims, matured or unmatured, against his/her Estate are required to file the same with the Clerk of the above-named Court, within four (4) months from the date of the first publication (or of the posting, as the case may be) 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 the undersigned at once.
Date: 8-21-2020 Dawn Davis, Executor/Administrator
Date: 8-21-2020 John R. Labar, Attorney
Date: 8-21-2020 Keith Frye, Clerk and Master
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
STATE OF TENNESSEE, CHESTER COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION GATHERED IN CONNECTION HEREWITH WILL BE UTILIZED FOR THAT PURPOSE.
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust Note dated September 15, 2012, and the Deed of Trust of even date, securing said Deed of Trust Note recorded on October 15, 2012 in Record Book 366, at Page 289, and as Instrument No. 44526, in the Register’s office of Chester County, Tennessee, executed by Teresa L. Conner, conveying certain property described therein to Craig R. Allen of Hamilton County, Tennessee, as Trustee, for the benefit of Green Tree Servicing LLC (the “Holder”) and to Mickel Law Firm, P.A., having been appointed as Substitute Trustee by instrument of record in the Register’s office for Chester County, Tennessee.
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 Mickel Law Firm, P.A., as Substitute Trustee, pursuant to the power, duty and authority vested in and conferred upon said Substitute Trustee, by the Deed of Trust, will on Wednesday, September 16, 2020, at or about 10:00 AM at the Front Entrance of the Chester County Courthouse, 133 East Main Street, Henderson, Tennessee, 38340, or the sale will be held in the place at said venue where foreclosure sales are customarily advertised and/or conducted, 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 Chester County, Tennessee, described as follows:
All that certain property situated in the County of Chester, and State of Tennessee, being described as follows:
Beginning at a point that is North 77 degrees 14 minutes 16 seconds West, 80.84 feet from the Northeast corner of Amanda Utley
s tract of land as recorded in DB 86 pg. 744 in the Registers Office of Chester County, Tennessee, same point being in the North margin of a community road or easement, thence South 84 degrees 44 minutes 50 seconds West, 150.17 feet with the north margin of said road; thence South 5 degrees 15 minutes 10 seconds East, 25 feet to the Northwest corner of William Dancy
s lot; thence South 5 degrees 15 minutes 10 seconds East with Dancys West line 43 feet; thence North 83 degrees 34 minutes 47 seconds West, 171.74 feet with W.C. Jone
s Northerly line as recorded in DB 71, Pg. 741; thence North 29 degrees 30 minutes 00 seconds West 140 feet to the Northwest corner of Emma Lou McKnights tract of land DB 71, Pg. 591 of which the herein described tract is a part; thence North 83 degrees 51 minutes 47 seconds East, 385.13 feet with McKnight
s North line; thence a new line through McKnights South 100.76 feet to the point of beginning containing 1 acre.
Less and Except any road right of way of record.
More Commonly Known As: 1126 Tucker Cv, Henderson, TN 38302.
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.
The sale is subject to Occupants(s) rights in possession, if applicable.
If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price. The Purchaser shall have no further recourse against the Grantor, the Grantee or the Substitute Trustee.
To the best of the Trustee’s knowledge, information, and belief, there are no 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, T.C.A. § 67-1-1433 or 26 U.S.C. § 7425.
If a high bidder fails to close a sale, the Substitute Trustee shall have the option of making the sale to the next highest bidder. The sale held pursuant to this Notice may be rescinded at the Substitute Trustee’s option at any time.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. This property is being sold “as is.” Additionally, no representation as to the condition of any structure(s) thereon or the accuracy of the above legal description is being or has been made. Transfer taxes and recording fees are the responsibility of the purchaser.
The following individuals or entities have an interest in the above-described property: Teresa L. Conner, Tenants of 1126 Tucker Cv, Henderson, TN 38302, Spouse of Teresa L. Conner, President, AT&T
DATED this 18th day of August, 2020.
Stephen P. Lowman
MICKEL LAW FIRM, P.A., SUBSTITUTE TRUSTEE
222 2ND AVENUE SOUTH, SUITE 1700
NASHVILLE, TN 37201
File No. 105867-1
Practicing under the authority of Tenn. Sup. Ct. R. 7, Sec. 10.07
08/27/2020; 09/03/2020; 09/10/2020