NOTICE TO CREDITORS PURSUANT TO TCA §30-2-306
Notice is hereby given that on April 2, 2020, Letters Testamentary in respect to the Estate of R.C. SCHWARTZ who died February 16, 2020, were issued to the undersigned by the Chancery Court Clerk and Master of Chester County, Tennessee.
All persons, residents and non-residents, 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 of the 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 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 the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
All persons indebted to the above Estate must come forward and make proper settlement with the undersigned at once.
Date: 4/2/2020 Paul Edward Schwartz, Executor
Date: 4/2/2020 John E. Talbott, Attorney
Date: 4/2/2020 Keith Frye, Clerk and Master
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on June 24, 2020 on or about 10:00AM local time, at the front steps of the Chester County Courthouse,133 East Main Street, Henderson, TN 38340, conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by RITA MULLINS AND CHARLES MULLINS, to Arnold M. Weiss, Attorney, Trustee, on April 26, 2004, at Record Book 251, Page 299 as Instrument No. 18944 in the real property records of Chester County Register’s Office, Tennessee.
Owner of Debt: Wells Fargo Bank, N.A., As Trustee For Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2004-WMC5
The following real estate located in Chester County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
FIRST TRACT: BEGINNING at a stake at the corner of John W. Hearn
s land in the south margin of the Henderson-Deanburg Road and runs thence westward with said road 8 poles and 10 feet to a stake; thence south 13 poles and 10 feet to a post oak; thence east with John W. Hearns line 7 poles and 14-1/2 feet to a stake at a white oak stump; thence northward with John W. Hearn
s line 9 poles and 14 feet to the place of beginning, containing ½ acre, more or less, and on which is located a residence. SECOND TRACT: BEGINNING at a post oak in the corner of Hearn and Robys land in Deanburg, Tennessee, and runs thence south with Roby
s line 29 poles and 3 feet to an iron stake; runs thence east 10 poles and 9 feet to a stake; thence north 29 degrees poles and 3 feet to a stake located in Hearns and Johnson
s line; runs thence west 10 poles and 9 feet to the place of beginning, containing 2 acres, be the same more or less. Said legal descriptions are the same descriptions as contained in the previous deed of record. This is the identical real estate conveyed to Charles L. Mullins and wife, Rita Mullins from William Guy Cupples by Warranty Deed dated August 25, 1995, of record in the Registers Office of Chester County, Tennessee, in Record Book 139, page 762.
THIRD TRACT: BEGINNING at a large red oak in the south margin of the HendersonDeanburg Public Road in the village of Deanburg, Tennessee; runs thence westward with said road 13 poles and 6 feet to a stake; thence south 9 poles and 14 feet to a stake with white oak pointers; thence west 11 poles to a post oak; thence south 44 poles to a stake; thence east 36 poles to a stake with white oak and red oak pointers; thence north with the west line of W .M. Mays 54 poles to the place of beginning, containing as above described 9 acres, more or less. Said legal description is the same description as contained in the previous deed of record.
INCLUDED IN THE ABOVE DESCRIBED THIRD TRACT BUT EXPRESSLY EXCLUDED THEREFROM is a tract of approximately 2 acres conveyed to J. W. Johnson and wife, Jewell Johnson on October 30, 1954, of record in said Register
s Office in Deed Book 48, page 342. This is the identical real estate conveyed to Charles L. Mullins and wife, Rita Mullins from Sylvia Helton by Warranty Deed dated October 15, 2002, of record in the Registers Office of Chester County, Tennessee in Record Book 223, page 167.
Tax ID: 052-006.00
Current Owner(s) of Property: RITA MULLINS AND CHARLES MULLINS
The street address of the above described property is believed to be 1875 Deanburg Rd, Pinson, TN 38366, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO OCCUPANT(S) RIGHTS IN POSSESSION.
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 TERMS OF SALE ARE CASH. ANY TAXES OR FEES WILL BE THE RESPONSIBILITY OF THE PURCHASER. 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 TRUSTEE.
OTHER INTERESTED PARTIES: None
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
If applicable, the notice requirements of T.C.A. 35-5-101 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, but the undersigned will sell and convey only as Substitute Trustee.
If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor or Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the Sale will be subject to the applicable governmental entities’ right to redeem the property as required by 26 U.S.C. 7425 and T.C.A. §67-1-1433.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. 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 Mortgagor, the Mortgagee or the Mortgagee’s attorney.
MWZM File No. 20-000190-671-1
Mackie Wolf Zientz & Mann, P.C., Substitute Trustee(s)
Cool Springs Commons, Suite 273
7100 Commerce Way
Brentwood, TN 37027
TN INVESTORS PAGE: HTTP://MWZMLAW.COM/TN_INVESTORS.PHP
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on May 20, 2020 at 1:00PM local time, at the front door, Chester County Courthouse, 133 East Main Street, Henderson, Tennessee pursuant to Deed of Trust executed by Elbert Carnell and Anittia Carnell, to Arnold M. Weiss, ESQ, Trustee, as trustee for Wells Fargo Bank, N.A. on November 17, 2004 at Record Book 260, Page 518; and modified by agreement recorded August 1, 2018 in Record Book 436, Page 122; conducted by Shapiro & Ingle, LLP, having been appointed Substitute or Successor Trustee, all of record in the Chester County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Federal Home Loan Mortgage Corporation, as Trustee for the benefit of the Freddie Mac Seasoned Loans Structured Transaction Trust, Series 2019-3, its successors and assigns.
The real estate located in Chester County, Tennessee,and described in the said Deed of Trust will be sold to the highest call bidder. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warrant is intended.
Street Address: 6580 Wilson School R, Henderson, Tennessee 38340
Parcel Number: 053 01101 00008053
Current Owner(s) of Property: Elbert Carnell and wife, Anittia Carnell
This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose.
The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None.
Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of Elbert Carnell and Anittia Carnell, and those claiming through him/her/it/them.
Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of 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. 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/bank check made payable to or endorsed to Shapiro & Ingle, LLP. 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 only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Ingle, LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
Phone: (704) 333-8107
Fax: (704) 333-8156
File No. 20-120226