IN THE CHANCERY COURT OF FENTRESS COUNTY, TENNESEE
ELIZABETH LESHAE TURBETT,
Plaintiff,
v.
CHRISTOPHER WAYNE LOTT, II
Defendant.
Docket No. 24-49
MOTION FOR PUBLICATION
Comes now the Plaintiff, Elizabeth Leshae Turbett, by and through her attorney, Beth Shipley, to move this Honorable Court for an Order of Publication. As grounds, the Plaintiff would state the follows:
1. The whereabouts of the Defendant, Christopher Wayne Lott, II ARE UNKNOWN.
2. The Plaintiff has not had any communication with the Defendant and has no information on the location of the Defendant since October 2022.
3. The Plaintiff’s attorney conducted a background investigation of the Defendant. The report contained several phone numbers, in which the Plaintiff’s attorney called and never reached the Defendant. Further, the report didn’t have an updated address fir the Defendant, however the Plaintiff’s attorney tried to serve the Defendant at the last known address, but the summons was returned undelivered with notation “no mail receptacle.”
4. That the Plaintiff has made reasonable efforts to locate the Defendant, to no avail.
WHEREFORE, the Plaintiff, CHRISTOPHER WAYNE LOTT, II, would respectfully pray:
1. That this Motion for Publication be allowed to be filed.
2. That an Order be granted issuing Notice of Publication to run in the local newspaper for four (4) consecutive weeks.
3. That any other relief not herein granted but deemed appropriate be granted.
Respectfully submitted, this 6th day of August 2024.
Beth Shipley, BPR No. 03721
Attorney for Plaintiff
310 E. Broad St, Suite C
Cookeville, TN 38501
Phone: 931-526-6033
PROBATE AND FAMILY COURT OF FENTRESS COUNTY, TENNESSEE
NOTICE TO CREDITORS
NO: P-24-57
Estate of AGNES J. LEACH, Deceased Cause No: P-24-57
Notice is hereby given that on the 8th day of August, 2024, Letters Testamentary in respect to the Estate of AGNES J. LEACH, Deceased, who died on the July 28, 2024, were issued to the undersigned by the Probate and Family Court of |Fentress County, Tennessee.
All persons, resident and nonresident, having claims, matured or not, 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 forever be 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 this 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 decedent’s date of death.
This 8th Day of August 2024.
JONATHAN G. HARTMAN
PETITIONER
LESLIE CLARK LEDBETTER
ADMINISTRATOR
ESTEATE OF TERRUAN USHER
6890 South York Hwy
Clarkrange, TN 38553
CLERK & MASTER
140 Justice Ctr. Dr., Ste. 110
Jamestown, TN 38556
(08/21, 08/28/24); (2TP)
IN THE MATTER OF THE ESTATE OF:
RONALD DEE STONE
Deceased
No: P-24-55
NOTICE TO CREDITORS
Notice is hereby given that on the 5th day of August 2024, Letters Testamentary in respect to the Estate of RONALD DEE STONE, deceased, who died on the 10th day of July, 2024, were issued to the undersigned by the Clerk & Master of the Chancery Court of |Fentress 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 forever be 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):
(B) Sixty (60) days from the date the creditor received an actual copy of this 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 months from the decedent’s date of death.
This 5th Day of August, 2024.
RONALD DEE STONE,
Personal Representative
PAMELA A. KISSEL
Attorney for the Estate of
RONALD DEE STONE
P.O. Box 967, Jamestown, TN 38556
(931)879-8991
LINDA SMITH
CLERK & MASTER
140 Justice Ctr. Dr., Ste. 110
Jamestown, TN 38556
(08/14)(08/21/24); (2TP)
NOTICE TO CREDITORS
(As required by T.C.A. 30-2-306)
NO: P-24-52
Estate of Terruan Lamont Usher, Late of Fentress County, TN.
Notice is hereby given that on the 12th day of August, 2024, Letters Testamentary (or of Administration, as the case may be) in respect to the Estate of Terruan Lamont Usher, deceased, who died on the 20th day of June, 2024, were issued to the undersigned by the Clerk & Master of the Chancery Court of |Fentress County, Tennessee.
All persons, resident and nonresident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk & Master of the above-named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise their claims will forever be barred:
(3) (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 this 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
(4) Twelve (12) months from the decedent’s date of death.
This 12th Day of August, 2024.
LESLIE CLARK LEDBETTER
ADMINISTRATOR
ESTEATE OF TERRUAN USHER
6890 South York Hwy
Clarkrange, TN 38553
CLERK & MASTER
140 Justice Ctr. Dr., Ste. 110
Jamestown, TN 38556
(08/21, 08/28/24); (2TP)
TRUSTEE’S NOTICE OF FORECLOSURE SALE
Notice is hereby given that default has been made in the payment of that certain indebtedness (the “Indebtedness”) due from Edgar F. Parker III to One Bank of Tennessee (the “Lender”), secured by Deed of Trust executed on July 24, 2023, from Edgar F. Parker III (Being one and the same person as Edgar Parker III) and wife, Stacey Parker (the “Grantors”), to Pointer Title Services, Inc., Trustee, recorded in Book 385, Page 130, in the Register's Office for Fentress County, Tennessee (the “Deed of Trust”).
Default having occurred, the Lender has exercised its option to declare the entire Indebtedness due and payable and has made demand for foreclosure pursuant to the Deed of Trust.
FENTRESS COUNTY PROPERTY: The phrase “Fentress County Property” as used herein shall mean all of the Grantors’ right, title and interest in and to the following described real property (together with all existing or subsequently erected or affixed improvements and fixtures, all appurtenant easements and rights of way, and other appurtenances) described as follows:
LEGAL DESCRIPTION:
Lying and being in the First (1st) Civil District of Fentress County, Tennessee, described as follows, to wit:
Beginning on a steel post (found) in the eastern margin of Crockett Cemetery Road, being North 27°59”36”East, a distance of 110.13 feet from a wood fence post at the existing northeast corner of Crockett Cemetery being in the west line of Modlinski (100, 23); Thence South 81°10’29’West, crossing the road, passing the corner fence post on the west side of the road at 31.2 in all a distance of 291.89 feet to a wood post at the northwest corner of the cemetery; Thence South 75°37'22" West, a distance of 502.26 feet to an iron in (found) in the east line of Estate of Bruno Gernt (42, 678); Thence North 07°33'57" East, a distance of 1575.62 feet to a concrete marker (found) at the northeast corner of Gernt and in the south line of Allardt Land Company (28, 839); Thence South 80°28'38" East, a distance of 1321.19 feet to a ½” iron pin and cap set this survey at the bluff, the northwest corner of Watson (Q-3, 32); Thence with the rim of the bluff the following, South 05°40'42" West, a distance of 107.42 feet; Thence South 25°01'43" West, a distance of 349.76 feet; Thence South 40°40'41" East, a distance of 44.73 feet; Thence South 28°31'54" East, a distance of 51.45 feet; Thence South 57°22'02" East, a distance of 158.94 feet; Thence South 38°13'19" East, a distance of 117.38 feet; Thence South 14°29'28" East, a distance of 89.97 feet; Thence South 34°08'50" East, a distance of 55.41 feet; Thence South 43°14'40" East, a distance of 69.25 feet; Thence North 80°25'49" East, a distance of 12.81 feet; Thence South 68°00'37" East, a distance of 90.03 feet; Thence South 45°53'10" East, a distance of 79.92 feet; Thence South 52°20'47" East, a distance of 145.89 feet; Thence North 83°48'56" East, a distance of 81.06 feet; Thence South 67°28'53" East, a distance of 61.17 feet; Thence South 63°17'52" East, a distance of 90.97 feet; Thence South50°44'54" East, a distance of 119.44 feet to the top of the water fall; Thence leaving the bluff and down the branch, North 74°18'39" West, a distance of 123.66 feet; Thence South 65°01'22" West, a distance of 57.68 feet; Thence North 60°23'35" West, a distance of 114.45 feet; Thence North 69°04’10" West, a distance of 111.76 feet; Thence North 59°49'48" West, a distance of 190.87 feet; Thence North 89°24'09" West, a distance of 91.43 feet to a ½” iron pin and cap set this survey, the northwest corner of Modlinski (100, 23); Thence North 79°58'04" West, a distance of 924.02 feet to a steel post (found); Thence South 03°37'08” East, a distance of 371.02 feet to the Point of Beginning. Containing 38.65 ACRES, more or less. As surveyed by Timothy L. Goad R.L.S. #1748 on July 27, 2012. Bearings are based on magnetic north reading taken on the property.
Included in the above description but excluded from this conveyance is any portion of the 55.71-acre tract depicted on the boundary survey of record in Plat Book P-8, Page 64, in the Register’s Office of Fentress County, Tennessee, which may be located within, or overlapping a portion of, the above-described property.
Previous and last conveyance being a Quitclaim Deed from Eddie Parker, surviving tenant by the entirety with Lola Sue Parker, deceased, to Edgar Parker III and wife, Stacey Parker, dated December 7, 2020, recorded December 8, 2020, at 11:18 a.m. in Book 329, Page 466, R.O.F.C.T.
COMMON DESCRIPTION:
Tax Identification: Control Map 044, Parcel 001.00
Address: Crockett Cemetery Road, Jamestown, Tennessee 38556
The legal description shall control in the event of any inconsistency among the legal description, address, or tax identification number.
CONDITIONS OF SALE: Pointer Title Services, Inc., Trustee, or its agent, acting under the authority vested in the Trustee by the Deed of Trust, will be at the front door (Main Street entrance) of the Fentress County Courthouse, 101 S. Main Street, Jamestown, Tennessee 38556, on August 30, 2024 at 11:00 A.M. (prevailing Central Time) to offer for cash sale to the highest and best bidder at public auction in bar of and free from all rights of redemption afforded by statute, equitable rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other rights waived by the Grantors in the Deed of Trust, the real property as described hereinabove, to effect satisfaction of principal, interest, and costs due on Promissory Note dated July 24, 2023, from Edgar F. Parker III to One Bank of Tennessee, and secured by the aforementioned Deed of Trust to Pointer Title Services, Inc., Trustee, as well as to pay all attorneys’ fees and costs necessarily incident to this foreclosure. The Trustee shall convey the real property to the bidder with the highest and best bid of all bidders present at the sale.
A review of the records at the Register’s Office for Fentress County, Tennessee disclosed that the Property may be subject to certain matters set forth below, and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Trustee’s Notice of Sale.
1. Any and all unpaid ad valorem taxes payable to Fentress County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
2. Matters which an accurate survey of the Property might disclose.
3. All other easements and restrictions of record in said Register’s Office.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
Said sale will be subject to any and all unpaid ad valorem taxes (plus penalty and interest, if any) that may be a lien against the Property, and subject to any and all liens, defects, encumbrances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and subject to any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency. Said sale is also subject to matters which an accurate survey of the Property might disclose.
The Fentress County Property is being sold “AS IS WHERE IS” without warranty or representation by the Trustee. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
THE TRUSTEE RESERVES THE RIGHT TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME, AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT OF SAID ADJOURNMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE.
IN THE EVENT THE HIGHEST BIDDER DOES NOT CLOSE THE SALE WITHIN THE TIME PROVIDED, THE TRUSTEE RESERVES THE RIGHT TO CLOSE THE SALE WITH THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID.
The Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the property only as Trustee. Title to the property is to be conveyed subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist including, without limitation, any unpaid ad valorem taxes or other taxes. The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust.
This 30th day of July, 2024.
By: /s/ David Matson, Attorney
Pointer Title Services, Inc., Trustee
120-C S. Jefferson Ave.
Cookeville, TN 38501
