Legals 4/16/19

IN THE CIRCUIT COURT FOR CLAY COUNTY, TENNESSEE AT CELINA

JOHN MCCOY, Administrator of the

Estate of JOHN DEREK McCoy

Petitioner,

VERSUS

MOLODY JANE KING,

Respondent

Case No. T-1946

ORDER OF PUBLICATION

TO: THE ABOVE NAMED RESPONDENTS:

In this cause, it appearing from the Petition which is sworn to, that the above named RESPONDENTS are believed to be non-residents of Clay County and the State of Tennessee and/or is avoiding service of process, so that ordinary process cannot be served upon the above named RESPONDENTS.

IT IS, THEREFORE, ORDERED that the above named RESPONDENTS file an answer in the Circuit Court for Clay County, Tennessee and with Petitioner’s attorney, Lynda W.

Patterson whose address is 209 A West Main Street, Livingston, TN 38570, THIRTY (30) DAYS of the last day of this publications, or a judgment by default may be entered, and the cause set for a hearing EX PARTE for the relief demanded in the Petition.

This notice will be published in the Citizen-Statesman a newspaper in Celina, Clay County, Tennessee for four (4) successive weeks.

This the 26th day of March, 2019.

SUSAN BIRDWELL CLAY CO. CIRCUIT COURT CLERK

4-2, 4-9, 4-16, 4-23 4TP

 

SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated JULY 23, 2018, executed by RANDAL ODOM, AN UNMARRIED MAN AND CAROL MEDCALF, AN UNMARRIED WOMAN, to JONATHAN B. HARRIS, 2000 RICHARD JONES ROAD STE 260, NASHVILLE, TN 37215, A RESIDENT OF DAVIDSON COUNTY, TENNESSEE, Trustee, of record in BOOK TD149, PAGE 229, for the benefit of REDSTONE FEDERAL CREDIT UNION, EXISTING UNDER THE LAWS OF THE STATE OF ALABAMA, 220 WYNN DRIVE, HUNTSVILLE, AL 35893, in the Register’s Office for CLAY County, Tennessee and to J. PHILLIP JONES AND/OR JESSICA D. BINKLEY, either of whom may act, appointed as Substitute Trustee in an instrument of record in the Register’s Office for CLAY County, Tennessee, to secure the indebtedness described; WHEREAS, said Deed of Trust was last assigned to REDSTONE FEDERAL CREDIT UNION, the entire indebtedness having been declared due and payable by REDSTONE FEDERAL CREDIT UNION, being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and as provided in said Deed of Trust, I, J. PHILLIP JONES/ JESSICA D. BINKLEY, will by virtue of the power and authority vested in me as Substitute Trustee, on THURSDAY, MAY 9, 2019 AT 1:00 P.M. (LOCAL TIME) AT THE MAIN FRONT DOOR TO THE CLAY COUNTY COURTHOUSE, 145 CORDELL HULL DRIVE, IN CELINA, CLAY COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in   CLAY County, Tennessee, to wit:

PROPERTY LOCATED IN THE COUNTY OF CLAY, TENNESSEE:

LAND, LYING AND BEING IN THE THIRD CIVIL DISTRICT OF CLAY COUNTY, TENNESSEE, BOUNDED AND DESCRIBED AS FOLLOWS:

MAP 058, PART OF PARCEL 002.12

BEGINNING AT A ½” PIPE (SET) IN THE WESTERN RIGHT-OF-WAY OF SWAN RIDGE ROAD BEING THE EASTERNMOST CORNER OF THIS DESCRIBED PARCEL; THENCE LEAVING THE SAID ROAD AND GOING WITH THE TIM HALL AND GREGORY HALL PROPERTY S 53°08’20” W 949.13 FEET TO A CORPS OF ENGINEERS T-POST; THENCE LEAVING HALL AND GOING WITH THE CORPS OF ENGINEERS PROPERTY N 69°13’35” W 198.44 FEETTO A POINT IN A DRAIN; THENCE LEAVING THE CORPS OF ENGINEERS AND GOING WITH THE REMAINDER OF THE D.H. DEVELOPMENT, LLC. PROPERTY AND GENERALLY FOLLOWING THE MEANDERS OF THE SAID DRAIN N 61°08’10” E 128.15 FEET; THENCE N 46°06’45” E 124.40 FEET; THENCE N 42°07’41” E 291.50 FEET; THENCE N 56°36’28” E 49.85 FEET; THENCE N 20°09’26” E 145.87 FEET; THENCE N 25°39’24” E 64.35 FEET; THENCE N 16°12’05” E 211.65 FEET; THENCE N 47°55’51” E 28.36 FEET; THENCE N 17°08’22” E 234.79 FEET; THENCE LEAVING THE DRAIN AND CONTINUING WITH D.H. DEVELOPMENT N 82°50’14” E 249.96 FEET TO A ½” PIPE (SET) IN THE WESTERN RIGHT-OF-WAY OF SWAN RIDGE ROAD; THENCE LEAVING D.H. DEVELOPMENT AND GOING WITH THE SAID ROAD RIGHT-OF-WAY S 05°59’15” E 177.29 FEET; THENCE S 19°37’41” E 110.89 FEET; THENCE ALONG A CURVE HAVING AN ARC LENGTH OF 228.14 FEET, WITH A RADIUS OF 318.81 FEET AND A CHORD OF S 00°52’21” W 223.30 FEET; THENCE S 19°36’50” W 65.19 FEET TO THE BEGINNING BEING 8.74 ACRES AS SURVEYED BY CHRISTOPHER M. VICK R.L.S. #2164 ON 21 JUNE 2018.

BEING THE SAME PROPERTY ACQUIRED BY RANDAL ODOM AND CAROL MEDCALF, BY VIRTUE OF A WARRANTY DEED DATED JULY 18, 2018, FROM DH DEVELOPMENT, LLC OF RECORD AT BOOK 110, PAGE 226, REGISTER’S OFFICE, CLAY COUNTY, TENNESSEE.

THIS CONVEYANCE IS MADE EXPRESSLY SUBJECT TO THE MATTERS APPEARING ON THE PLAT REFERENCED ABOVE; TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS OF RECORD AT BOOK WD87, PAGE 245, REGISTER’S OFFICE, CLAY COUNTY, TENNESSEE; THE FIRST RESTATED, AMENDED AND COMBINED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE POINTE AT DALE HOLLOW, OF RECORD AT BOOK TD145, PAGE 543, REGISTER’S OFFICE, CLAY COUNTY, TENNESSEE; AND THE FIRST AMENDMENT TO THE FIRST RESTATED, AMENDED AND COMBINED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE POINTE AT DALE HOLLOW, OF RECORD AT BOOK WD109, PAGE 745, REGISTER’S OFFICE, CLAY COUNTY, TENNESSEE.

THIS IS UNIMPROVED PROPERTY ON SWAN RIDGE RD., HILHAM, TN 38568

MAP 058 PARCEL 002.18

THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY. ANY REPRESENTATION CONCERNING ANY ASPECT OF THE SUBJECT PROPERTY BY A THIRD PARTY IS NOT THE REPRESENTATION/RESPONSIBILITY OF TRUSTEE(S)/ SUBSTITUTE TRUSTEE(S) OR THEIR OFFICE.

THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST UNDER WHICH THIS FORECLOSURE SALE IS CONDUCTED, INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE 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 ALL APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425, T.C.A. 67-1-1433, AND 28 U.S.C. 2410 (C). THE NOTICE REQUIREMENTS OF T.C.A. 35-5-101 ET SEQ. HAVE BEEN MET.

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 TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.

IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

OTHER INTERESTED PARTIES: THE POINTE AT DALE HOLLOW PROPERTY OWNERS ASSOCIATION, INC.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This is UNIMPROVED PROPERTY ON SWAN RIDGE RD., HILHAM , TN 38568.

                                                          

  1. PHILLIP JONES/ JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE

1800 HAYES STREET

NASHVILLE, TN 37203

(615) 254-4430

www.phillipjoneslaw.com

F19-0026

4-16, 4-23, 4-30 3TC

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