NOTICE OF FILING OF AN ACTION OF CONDEMNATION
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENENSSEE
EASTERN DIVISION
CIVIL ACTION NO. 1:23-CV-02130-STA-jay
UNITED STATES OF AMERICA
upon the relation and for the use of the
TENNESSEE VALLEY AUTHORITY,
Plaintiff,
v.
A TEMPORARY RIGHT TO ENTER
UPON LAND IN CHESTER COUNTY,
TENNESSEE, and HUNTER FAULKNER,
REBECCA FAULKNER, his wife,
Defendants.
TO: Hunter Faulkner, 480 Old Montezuma Road, Henderson, Tennessee 38340;
5030 Clifford Road, Luray, Tennessee 38352
(By Publication)
Pursuant to Federal Rule of Civil Procedure 71.1(d)(2), you are hereby notified that the Plaintiff has commenced the above-entitled action in the United States District Court for the Western District of Tennessee to condemn a temporary right to enter upon land in which you have or claim an interest for the use of the Tennessee Valley Authority in conducting surveys, core drilling, appraisals, title investigations, environmental surveys, and related activities in connection with the erection, operation, and maintenance of electric power transmission circuits and communication circuits. The land affected by the temporary right herein condemned is designated in the records of the Tennessee Valley Authority as tract number WLJC-1000-TE, and is located in Chester County, Tennessee. The land is further identified as parcel number 017-008.05, in the office of the Tax Assessor of said county and state, and described in a deed recorded in Record Book 438, page 592, in the office of the Register of Chester County, Tennessee, which description is incorporated herein by reference and made a part hereof.
The authority for the taking is the Tennessee Valley Authority Act of 1933, as amended, 16 U.S.C. §§ 831 et seq.
You are further notified that if you desire to present any objection or defense to the taking of the temporary right herein condemned, you are required to file your answer with the Clerk of the Court and to serve it on the Plaintiff’s attorneys within 21 days after service of this notice upon you. Your answer shall identify the property in which you claim to have an interest, state the nature and extent of the interest you claim, and state all of your objections and defenses to the taking. Your failure to file and serve an answer constitutes a consent to the taking and to the jurisdiction of the Court to proceed to hear the action and to fix the compensation.
If you have no objection or defense to the taking of the temporary right to enter, you need not file an answer but may instead file with the Clerk of Court and serve on the Plaintiff’s attorneys a notice of appearance designating the property in which you claim to be interested. Thereafter you will receive notice of all proceedings in this action affecting the property. In the event of a trial of the issue of just compensation, whether or not you have previously appeared or answered, you may present evidence as to the amount of the compensation to be paid for your property, and you may share in the distribution of the award.
Federal Rule of Civil Procedure 71.1(d)(2)(B) requires that an address be provided within the district in which this action is brought where the Plaintiff’s attorneys may be served. Such an address is Christopher W. Sanders, Attorney, c/o Ernest W. Peterson, Jr., General Manager, Customer Delivery, West Tennessee, Tennessee Valley Authority, 100 Peabody Place, Suite 850, Memphis, Tennessee 38103. However, Plaintiff prefers that service be made by mail addressed to Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1401.
Notice to Creditors
In the Chancery County of Chester County, Tennessee
In re: Estate of
Joy Ann Cox,
Deceased
No. P-2024-PR-742
Notice is Hereby Given that on 1-31-2024, Letters Testamentary, of Administration, in respect to the Estate of Joy Ann Cox 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: 1-31-2024 Robert Parker, Co-Executor/Administrator
Date: 1-31-2024 Charles N. Vancleave, Co-Executor/Administrator
Date: 1-31-2024 Lloyd R. Tatum, Attorney
Date: 1-31-2024 Keith Frye, Clerk and Master
NOTICE OF TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated March 2, 2020, and the Deed of Trust of even date securing the same, recorded March 3, 2020, in Book No. 456, at Page 315, in Office of the Register of Deeds for Chester County, Tennessee, executed by Riley Thomas and Emilee Thomas, conveying certain property therein described to Donald D. Glenn as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Leaders Credit Union, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by M & T Bank.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by M & T Bank, will, on April 10, 2024 on or about 11:00 AM, at the Front Entrance of the Chester County Courthouse 133 E Main St., Henderson, TN 38340, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Chester County, Tennessee, and being more particularly described as follows:
BEGINNING at an iron pipe found in the east margin of Busby Lane and the northwest corner of Busby and the southwest corner of the herein described tract; thence, from the point of beginning, and with the east margin of Busby Lane, the following calls; north 06° 49’ 38” west 274,27 feet; north 15° 50’ 53”
west 100.11 feet; north 30° 47’ 51” west 81.26 feet; north 43° 23’ 04” west
77.69 feet to an iron pin set; thence, on new lines through Browder, the following calls; north 88° 00’ 00” east 535.20 feet to an iron pin set; south 04° 00’ 00” east 500.30 feet to a grader blade found at the northeast corner of Busby; thence, with the north line of Busby, and following a fence, south 88°00’ 00” west 415.11 feet to the point of beginning, containing 5.07 acres, as surveyed by Advanced Land Surveying, Inc., R. L. S. #1999, on August 18, 2004.
ALSO KNOWN AS: 200 Busby Lane, Henderson, TN 38340
This sale is 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; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above- referenced property:
RILEY THOMAS
EMILEE THOMAS TENANTS OF
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT LEADERS CREDIT UNION
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed and that notices of said postponement for inclement weather will be mailed to interested parties of record. W&A No. 358410
DATED February 2, 2024
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Notice to Creditors
As Required by TCA §30-2-306
Chester County Chancery Court
Chester County
Henderson, Tennessee
Case Number 12CH1-2024-PR-746
In the Matter of the Estate of: Irene Smith, Deceased
Notice is Hereby Given that on 1/26/2024, Letters Testamentary, of Administration, in respect to the Estate of Irene Smith 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: 2-6-2024 Matthew West, Executor/Administrator
Cameron Himes, Attorney
Date: 2-6-2024 Keith Frye, Clerk and Master
NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE
WHEREAS, on July 2, 2021, KIMBERLY L. SMITH, by Deed of Trust of record in Record Book 477, at Page 623, in the Register’s Office of Chester County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Sixty Thousand and 00/100 Dollars ($60,000.00), payable to Leaders Credit Union; and
WHEREAS, the undersigned was appointed Substitute Trustee by Leaders Credit Union the legal owner and holder of the said Note, by an appointment dated January 24, 2024, of record in Record Book 513, at Page 483, in the Register’s Office of Chester County, Tennessee; and
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and Leaders Credit Union, the lawful owner and holder of the said indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with the terms thereof, and instructed the undersigned to foreclose.
NOW, THEREFORE, the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand paid in certified funds paid at the conclusion of the sale, or upon a credit bid from a bank or other lending entity pre-approved by the Substitute Trustee. The auction shall occur at the south door of the Courthouse at Henderson, Chester County, Tennessee, on Thursday, March 7, 2024, at 2:30 p.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it.
Lying, and being situate in the City of Henderson, 6th Civil District of Chester County, Tennessee, bounded and described as follows; to-wit:
COMMENCING at a set iron pin in the north line of Steed Street (30 feet from the centerline) and the west line of Mifflin Avenue (25 feet from the centerline), said point being the southeast corner of the N. L. Burress and wife, Virginia Burress property recorded in Deed Book 52, page 68; thence South 60° 55’ 11” West with the north line of Steed Street, 314.58 feet to a set iron pin, said iron pin being the southeast corner of the tract herein described and the POINT OF BEGINNING; thence South 60° 55’ 11” West with the north line of Steed Street, 100 feet to a set iron pin: thence creating new lines across the Burress property the following calls: North 29° 04’ 49” West, 145.00 feet to a set iron pin: North 60° 55’ 11” East, 100 feet to a set iron pin; South 29° 04’ 49” East, 145.00 feet to the point of beginning and containing 14500.00 square feet or 0.333 acres of land as surveyed by R. Bruce Richardson. R.L.S. #1420, Surveying Services, Inc., on November 16, 2001. Said legal description is the same description as contained in the previous deed of record.
Being the same property conveyed to Kimberly L. Smith by Warranty Deed of record in Record Book 467, at Page 23, in the Register’s Office of Chester County, Tennessee.
Map 033E, Group A, Parcel 007.01
The street address of the above-described property is believed to be 343 Steed Street, Henderson, Tennessee, but such address is not part of the legal description and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
This sale is 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; and to any matter that an accurate survey of the premises might disclose. Other interested parties: None.
This property is subject to the setbacks, easements, restrictions, and all other matters of record as shown on the plat in the Register’s Office of Chester County, Tennessee in Plat Cabinet 4, at Page 146.
This property is subject to a sewer line easement as shown on the plat in the Register’s Office of Chester County, Tennessee in Plat Cabinet 4, at Page 146.
Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
WITNESS my signature, this the 15th day of February, 2024.
KIZER, BONDS, HUGHES & BOWEN, LLC
BY: STEPHEN L. HUGHES
Substitute Trustee
P. O. Box 320
Milan, TN 38358
(731) 686-1198
SUBSTITUTE TRUSTEE’S NOTICE OF SALE
Sale at public auction will be on April 24, 2024, at or about 11:00 AM, local time, at the front entrance to the Chester County Courthouse,133 East Main Street, Henderson, TN 38340, pursuant to the Deed of Trust executed by Wesley A Denbow and Keri Leigh Denbow, husband and wife, to Susan Voss, as Trustee for Regions Bank d/b/a Regions Mortgage dated March 11, 2016, and recorded on March 11, 2016, in Book 406, Page 346, Instrument No. 53350, in the Register’s Office for Chester County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Chester County Register’s Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable.
Party entitled to enforce the debt: Regions Bank dba Regions Mortgage
Other interested parties: None
The hereinafter described real property located in Chester County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Legal Description: BEGINNING at an iron pin set in the West margin of Marnie Loop, which point is the Southeast corner of lot 34; Thence, from the point of beginning, and with the West margin of Marnie Loop, South 02 degrees 18 minutes 43 seconds West 90.00 feet to an iron pin set at the Northeast corner of Lot 36; Thence, with the North line of lot 36 and lot 37, North 87 degrees 41 minutes 17 seconds West 207.69 feet to an iron pin in the East line of Allison Arnold; Thence, with the East line of Arnold, North 01 degrees 28 minutes 13 seconds East 90.01 feet to an iron pin set at the Southwest corner of lot 34; Thence, with the South line of lot 34, South 87 degrees 41 minutes 17 seconds East 209.01 feet to the point of beginning, containing 0.4 acres, being Lot 35 Cloverdale Subdivision.
This is the identical real estate conveyed to Wesley A. Denbow and wife, Keri Leigh Denbow from Dustin W. Insell by Warranty Deed dated March 11, 2016, of record in the Registers Office of Chester County, Tennessee in Record Book 406, page 344. SUBJECT TO A SOUTHWEST EASEMENT AS SHOWN OF RECORD IN THE REGISTERS OFFICE OF CHESTER COUNTY, TENNESSEE, IN RECORD BOOK 255, PAGE 349.
SUBJECT TO RESTRICTIVE COVENANTS AS SHOWN OF RECORD IN THE REGISTERS OFFICE OF CHESTER COUNTY, TENNESSEE, IN RECORD BOOK 273, PAGE 561. SUBJECT TO CERTAIN SETBACKS, RESTRICTIONS, EASEMENTS, AND ALL OTHER MATTERS OF RECORD AS SHOWN ON THE PLAT OF RECORD IN PLAT CABINET, SECTION 5, PAGE 81, IN THE REGISTERS OFFICE OF CHESTER COUNTY, TENNESSEE.
Street Address: The street address of the property is believed to be 397 Marnie Loop, Henderson, TN 38340, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
Map/Parcel Number: 034P-A-085.00
Current owner(s) of Record: Wesley A. Denbow and Keri Leigh Denbow
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale.
THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. 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 sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified check made payable to or endorsed to Padgett Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
Padgett Law Group, Substitute Trustee
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
attorney@padgettlawgroup.com
PLG# 24-000583-1
