B10 • Thursday, November 5, 2009 • THE LEADER
www.covingtonleader.com
Public Notices property conveyed to Hugh C. Harkness & Della M. Harkness as recorded in Book 677, Page 288. For my source of Title see Book, 541 Page 868 Recorded at the Register’s Office in Tipton County, Tennessee. Trustee will sell only such interest as he has in the property and will Quit Claim said property to the highest and best bidder for cash. Done this 15th day of October, 2009. /s/ J.D. Barton Joseph D. Barton Attorney at Law 6565 Highway 51 North Millington, TN 38053 Phone: (901) 872-4446 Said property will advertise: Thursday October 22, 2009 Thursday October 29, 2009 Thursday November 2, 2009
SUBSTITUTE TRUSTEE’S SALE Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed May 4, 2007 by Jim Seibel to Lenders Title and Escrow, as Trustee, as same appears of record in the office of the Register of Tipton County, Tennessee, in Record Book 1341, Page 17, and the undersigned having been appointed Substitute Trustee by instrument recorded in Record Book 1426, Page 557, in the said Register’s Office, and the owner of the debt secured, Nationstar Mortgage, LLC, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Friday, December 4, 2009 commencing at 10:00 AM, at the Front (North) Door of the Courthouse, Covington, Tipton County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to-wit: Situated in County of Tipton, State of Tennessee. Lot 98, Section B, Deer Ridge Subdivision, as recorded in Plat Cabinet G, Slide 15, of the Tipton County Register’s Office to which plat reference is hereby made for a more particular description of said lot. Property Address: 390 Rosemark Road, Atoka, TN. All right and equity of redemption, homestead and dower 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. ARNOLD M. WEISS, Substitute Trustee Weiss Spicer Cash PLLC 208 Adams Avenue Memphis, Tennessee 38l03 90l-526-8296 File # 7090-082093-FC Published: November 5 November 12 November 19 Nationstar Mortgage LLC/Jim Seibel
SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE Sale at public auction will be on Friday, November 13, 2009, at 10:00 AM prevailing time at the Front (North) Door of the Courthouse, Covington, Tipton County, Tennessee. Loan #2020-6-0468115. The owner of the debt is BancorpSouth. Realty to be sold under the provisions of a Deed of Trust executed by Timothy W. Dye and Kandace W. Dye, husband and wife, Grantors, is located in Tipton County, Tennessee and designated as: Lot 2, Dove Heights Subdivision, Section “B”, as shown on plat of record in Plat Book 2, page 95, in the Register’s Office of Tipton County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Improved and known as 357 Nelson Drive, Brighton, TN. Deed of Trust recorded in Book 845, Page 613, in the Register’s Office of Tipton County, Tennessee. Terms of sale will be public auction, for cash, free and clear of the rights of homestead, redemption and dower, and the rights of Timothy W. Dye and Kandace W. Dye, husband and wife, and those claiming through them, subject to any accrued taxes and restrictions which may be of record in the said Register’s Office. ARNOLD M. WEISS, Substitute Trustee pursuant to Appointment of Substitute Trustee of record in the Register’s Office of Tipton County, Tennessee ARNOLD M. WEISS, Attorney at Law Weiss Spicer Cash PLLC 208 Adams Avenue Memphis, Tennessee 38103 (901) 526-8296 File # 2162-081917-FC Published: October 22 October 29 November 5 BancorpSouth/Timothy Dye
County Chev. & Cad. Inc. 3299 Hwy 51 S. Covington, TN 38019 Registered to Sheena Pugh. Abandoned by Roddrick Bradford. For Sale By Public Auction November 17, 2009
10:00am. (1) 1994 Chevrolet Camero. vin# 1G1FP22S7R2116767
IN THE JUVENILE COURT OF TIPTON COUNTY, TENNESSEE IN RE: SELENA MARIE GARDNER A Minor Child, DOB: 02/27/99 RICHARD A. HATCHEL, SR., Petitioner, Vs. (consolidated) No. 09-JV-2 NO. J 10374 SHANNON MARIE GARDNER AND GEORGE HILL Respondent. NOTICE OF PUBLICATION IN THIS CAUSE, it appearing from the Amended Petition For Order of Parentage and To Set Aside Previous Order Of Parentage, which is sworn to, that the address and whereabouts of Respondent, George Hill, cannot be ascertained upon diligent search and inquiry. It is ordered that said Respondent, George Hill, file a response in the Juvenile Court of Tipton County at Covington, Tennessee, and with Plaintiff’s attorney, Jeffery L. Stimpson, P.O. Drawer H, Munford, Tennessee 38058 on or before Tuesday, December 22, 2009, or Judgement by Default may be entered and the cause set for hearing ex parte. It is further ordered that this notice be published for four consecutive weeks in The Covington Leader, a newspaper published in Covington, Tipton County, Tennessee. This 21st day of October, 2009 29oct4wp Mike Forbess CLERK JEFFEREY L. STIMPSON #11699 Attorney for Petitioner P.O. Box Drawer H 1512 Munford Avenue Munford, TN 38058 901-837-0108
Phillips Auto Body 7684 Hwy 70 Bartlett, TN 38133 The following vehicle will be sold on November 12th 10:00am (1) 2002 Chrysler Sebring vin# 1C3EL55R02N104144
IN THE CHANCERY COURT OF TIPTON COUNTY, TENNESSEE FOR THE 25TH JUDICIAL DISTRICT AT COVINGTON CLARA DOTSON MALONE, PETITIONER, VS. NO. 27,363 DONALD WHITSON, BERFORD WHITSON, JR., SANDRA BOUNDS, BRENICA WHITSON, RESPONDENTS. ORDER OF PUBLICATION It appearing from the Complaint, which is sworn to, that Donald Whitson, Defendant, is a resident of Tennessee and that personal service of process cannot be had upon him; service of process by publication having been ordered, he is hereby required to appear and Answer the Complaint of Clara Dotson Malone, Plaintiff, whose attorney is Jeff Ward 99 Doctors Drive, Suite 300, Munford, TN 38058, within thirty (30) days after the date of the last publication of this Notice; otherwise, default judgement may be entered against you for the relief demanded in the Complaint. It is further ORDERED that this Notice shall be published in The Covington Leader, a weekly newspaper of general circulation, once weekly for four (4) consecutive weeks beginning October 29, 2009. IT IS SO ORDERED. This the 2nd day of October, 2009. William C. Cole Chancellor APPROVED FOR ENTRY: WARD WILLIAMS, PLLC JEFF WARD #025105 99 DOCTORS DRIVE, SUITE 300 MUNFORD, TN 38058 901-837-9355
IN THE CHANCERY COURT OF TIPTON COUNTY, TENNESSEE CITIFINANCIAL INC., a Tennessee Corporation, Plaintiff, V. Case No. 27,211 ROBERT E. WHITLEY; SHARON (YARBROUGH WHITLEY; AND THE UNKNOWN HEIRS (if any) OF WILLIS YARBROUGH, Deceased Defendants. COMPLAINT TO QUIET TITLE Plaintiff, CitiFinancial INC., a Tennessee Corporation, by and through its undersigned attorneys, for its complaint herein, states as follows: This is an action seeking to quiet title in and to the real property at issue herein. The subject real property herein lies in Tipton County, Tennessee. Defendants are residents of this state, have transacted business in this state, or have an interest in, use, or possess real property in this state. Therefore, jurisdiction and venue are proper in this Court. On November 15, 1940, Susan Terry, as the grantor, conveyed
certain real property to her brother, Willis Yarbrough, as the grantee, via warranty deed. This warranty deed was recorded with the Office of the Register of Tipton County, Tennessee on December 18, 1940 at Book 195, Page 469. A true and correct copy of this warranty deed is attached hereto and incorporated herein as Exhibit “A”. Upon information and belief, Willis Yarbrough and his wife, Earnestine Yarbrough, died intestate on dates uncertain, but prior to December 3, 1985. Probates were never opened on behalf of either decedent which creates a potential cloud on title in and to the real property at issue herein. On December 4, 1985, Thomas Bethel executed an affidavit of heirship in which he declared that Willis and Earnestine Yarbrough were survived by eight (8) children as their sole heirs-at-law, said children being Gordon Yarbrough, Lois Barnett, Marcie Williamson, Malcom Yarbrough, Leamon Yarbrough, Ordell Yarbrough, Major Yarbrough and Shannon Yarbrough. The affidavit went on to state that, as of December 3, 1985, three of the aforementioned children were also deceased, providing specifically as follows: Malcom Yarbrough is deceased leaving Kennard Yarbrough as his only issue; Major Yarbrough is deceased leaving Ernestine Jones his only issue; and Shannon Yarbrough is deceased leaving his wife, Pauline Yarbrough, and five children: Tyrone Yarbrough, Arthel Yarbrough, Sharon Yarbrough, Paulette Yarbrough and Clifford Yarbrough. Said affidavit was duly acknowledged and filed for record in the Office of Register for Tipton County, Tennessee on March 10, 1986 at Book 545, Page 493. A true and correct copy of this affidavit is attached hereto and incorporated herein as Exhibit “B”. On November 18, 1999, fifteen (15) individuals (namely Kennard Yarbrough, Ernestine Jones, Pauline Yarbrough, Tyrone Yarbrough, Arthel Yarbrough, Sharon (Yarbrough) Whitley, Paulette (Yarbrough) Alston, Willis C. Yarbrough, Lucille Yarbrough, Robin Yarbrough, Loretta McFarland, Aaron Yarbrough, Hattye T. Yarbrough, Lois Barnett and Mercie Williamson), collectively as the grantors, conveyed the following-described property out of the 1940 conveyance cited in paragraph 3 above (and described in Exhibit “A”) to Robert E. Whitley and Sharon Whitley, husband and wife, as the grantees, via quitclaim deed: Lying and being in th 1st Civil District of Tipton County, Tennessee and thus described: Commencing at the centerline intersection of Yarbrough Road and Rhodes Road, said point being the Northeast corner of Willis Yarbrough’s tract recorded in Deed Book 195, Page 470, of which this partition is a part, then South 09 degrees 29 minutes 32 seconds west, 280.94 feet to an iron pipe set in the West R.O.W. line of Yarbrough Road (50 feet R.O.W.), said point being the true point of beginning; then along the said R.O.W. line following three courses: South 05 degrees 02 minutes 44 seconds West, 58.26 feet; South 04 degrees 28 minutes 58 seconds West, 44.40 feet; South 03 degrees 40 minutes 40 seconds West, 69.24 feet to an iron pipe set; then North 85 degrees 13 minutes 12 seconds West, 303.01 feet to an iron pipe set; then North 03 degrees 37 minutes 34 seconds West. 151.06 feet to an iron pipe set; then South 89 degrees 08 minutes 02 seconds East, 305.47 feet to the point of beginning, according to survey of Raymond E. Pittman, TN R.L.S. No. 1414, P.O. Box 1218, Munford, TN 38058, dated November 17, 1999 This property is more commonly known as 451 Yarbrough Road, Covington, Tennessee 38019; and is hereafter referred to as the “Subject Property.” Said quitclaim deed was duly acknowledged and filed for record in the Office of the Register for Tipton County, Tennessee on November 19, 1999 at Book 884, Page 829. A true and correct copy of this quitclaim deed is attached hereto and incorporated herein as Exhibit “C”. On April 26, 2004, for the purpose of securing an indebtedness in the principal amount of $56,820.96, the Whitleys executed and delivered a deed of trust encumbering the Subject Property to B. Hornbreak, Memphis, TN, as trustee for plaintiff, CitiFinancial. This deed of trust was duly acknowledged and filed for record in the Office of the Register for Tipton County, Tennessee on May 5, 2004 at Book 1138, Page 6. A true and correct copy of this deed of trust is attached hereto and incorporated herein as Exhibit “D”. Pursuant to the deeds and the affidavit of heirship cited above, this Court should enter its order declaring fee simple title in and to the Subject Property is in Robert E. Whitley and Sharon (Yarbrough) Whitley. The Court’s order should further declare that the Unknow Heirs (if any) of Willis Yarbrough have no claim, right, title or interest in or to the Subject Property. WHEREFORE, plaintiff requests relief as follows: That proper process be issued for the defendants named herein; That the Court enter an order declaring fee simple title in and to the Subject Property in Robert E. Whitley and Sharon (Yarbrough) Whitley; That the Court’s order declare that the Unknown Heirs, if any, of Willis Yarbrough, Deceased have no claim, right, title or interest in or to the Subject Property; That the Court’s order declare that plaintiff’s deed of trust is paramount and superior to the interests of all the defendants in the Subject Property; and That plaintiff have any and all other proper and equitable relief to which it may be entitled. Respectfully Submitted,
WILSON & ASSOCIATES, P.L.L.C. 1882 North Starr Drive Fayetteville, Arkansas 72701 479-521-5820 By: H. Keith Morrison (024871) Attorneys for Plaintiff
IN THE CHANCERY COURT OF TIPTON COUNTY, TENNESSEE FOR THE 25TH JUDICIAL DISTRICT AT COVINGTON CLARA DOTSON MALONE, PETITIONER, VS. NO. 27,363 DONALD WHITSON, BERFORD WHITSON, JR., SANDRA BOUNDS, BRENICA WHITSON, RESPONDENTS. ORDER OF PUBLICATION It appearing from the Complaint, which is sworn to, that Berford Whitson, Jr., Defendant, is a resident of Tennessee and that personal service of process cannot be had upon him; service of process by publication having been ordered, he is hereby required to appear and Answer the Complaint of Clara Dotson Malone, Plaintiff, whose attorney is Jeff Ward 99 Doctors Drive, Suite 300, Munford, TN 38058, within thirty (30) days after the date of the last publication of this Notice; otherwise, default judgement may be entered against you for the relief demanded in the Complaint. It is further ORDERED that this Notice shall be published in The Covington Leader, a weekly newspaper of general circulation, once weekly for four (4) consecutive weeks beginning October 29, 2009. IT IS SO ORDERED. This the 2nd day of October, 2009. William C. Cole Chancellor APPROVED FOR ENTRY: WARD WILLIAMS, PLLC JEFF WARD #025105 99 DOCTORS DRIVE, SUITE 300 MUNFORD, TN 38058 901-837-9355
NOTICE TO CREDITORS R. D. NO P2717 ESTATE OF Raymond H. Daniels. (Deceased) Notice is hereby given that the 21st day of October, 2009. Letters of Testamentary in the respect of the estate of Raymond H. Daniels, deceased, were issued to the undersigned by the Chancery Court of Tipton County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his estate are required to file same with the clerk of the above named Court within the earlier of four months from notice or 12 months from decedent’s date of death, otherwise their claims will be forever barred. This 29th day of October, 2009. Mary Ann Walton Executrix 29oct2wp Tipton County Chancery Court Judy Billings, Clerk and Master 1801 S. College St., Suite 110 Covington, TN 38019
NOTICE TO CREDITORS R. D. NO P2718 ESTATE OF Edwin K. Bowles. (Deceased) Notice is hereby given that the 22nd day of October, 2009. Letters of Testamentary in the respect of the estate of Edwin K. Bowles, deceased, were issued to the undersigned by the Chancery Court of Tipton County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against his estate are required to file same with the clerk of the above named Court within the earlier of four months from notice or 12 months from decedent’s date of death, otherwise their claims will be forever barred. This 29th day of October, 2009. Brenda Bowles Travis Executrix 29oct2wp Tipton County Chancery Court Judy Billings, Clerk and Master 1801 S. College St., Suite 110 Covington, TN 38019
TO THE CHANCELLORS OF THE CHANCERY COURT FOR THE FIFTEENTH JUDICAL DISTRICT AT TIPTON COUNTY IN RE: THE ADOPTION OF SHIANN RESHIA COUEY AND CIERRA DANIEL DORMAYER, MINOR CHILDREN JOHN LANG JR. AND DANA LYNN LANG Petitioners VS. No. 26985 SHAWNDA AUSTIN, TRAVIS DORMEYAR, “JOHN DOE NATURAL FATHER OF SHIANN RESHIA COUEY” Respondents NOTICE OF PUBLICATION IN THIS CAUSE, it appearing to the court from the Petition of Adoption which is sworn to, that the residence and whereabouts of the Defendant, Shawnda Austin, are unknown and cannot be ascertained upon diligent search
and inquiry, IT IS ORDERED that the said Defendant, Shawnda Austin, file an answer in the Chancery Court of Tipton County at Covington, Tennessee, and with the Petitioners’ attorney, William G. Hardwick II, 4745 Poplar Avenue, Suite 201, Memphis, Tennessee, 38117, on or before Monday, December 14th, 2009 or Judgement by Default may be entered and the cause set for hearing Ex Parte. IT IS FURTHER ORDERED that this Notice by published for four consecutive weeks in the Covington Leader, a newspaper published in Covington, Tennessee. Judy Billings Clerk and Master 22oct4wp
Court of Tipton County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against her estate are required to file same with the clerk of the above named Court within the earlier of four months from notice or 12 months from decedent’s date of death, otherwise their claims will be forever barred. This 29th day of October, 2009. Janet Jowers Executrix 29oct2wp Tipton County Chancery Court Judy Billings, Clerk and Master 1801 S. College St., Suite 110 Covington, TN 38019
NOTICE TO CREDITORS R. D. NO P2719 ESTATE OF Joyce Aileen Clifton. (Deceased) Notice is hereby given that the 22nd day of October, 2009. Letters of Testamentary in the respect of the estate of Joyce Aileen Clifton, deceased, were issued to the undersigned by the Chancery
Notice Poplar Grove Utility District Board of Directors Meeting For November, 2009 has been changed. The new date will be November 17, 2009at 7 p.m.
Public Notice The Local Workforce Investment Board for Area 12 of Tennessee serving Crockett, Dyer, Gibson, Lake, Lauderdale, Obion, and Tipton Counties, will hold a meeting on Tuesday, November 17, 2009, 11:30 a.m., at the administrative office of the Northwest Tennessee Workforce Board, 313 W. Cedar Street, Dyersburg, TN.
THIS MEETING IS OPEN TO THE PUBLIC. The Workforce Investment Act is an equal opportunity program / employer. Auxiliary aids and services are available upon request to individuals with disabilities. This project is funded under an agreement with the Tennessee Department of Labor and Workforce Development. American Tower Corporation is proposing to construct a 199-foot telecommunications tower located at 707 Bethel Avenue, Atoka, Tipton County, Tennessee latitude 35° 23’ 39.8” N longitude 89° 48’ 19.1” W. This assessment addresses a 30’ wide area around the proposed tower compound. American Tower seeks comments from all interested persons on the impact of the tower on any districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture, that are listed or eligible for listing in the National Register of Historic Places. Specific information about the project, including the historic preservation reviews that American Tower has conducted pursuant to the rules of the Federal Communications Commission (47 C.F.R. Sections 1.1307(4)) and the Advisory County on Historic Preservation (36C.F.R. Part 800) can be viewed weekdays between 8a.m. and 5p.m. at the company’s offices at 10 Presidential Way, Woburn, Massachusetts. All questions, comments and correspondence should be directed to the following contact by November 29, 2009: Jenna Metznik, Director of Environmental Compliance 10 Presidential Way Woburn, MA 01801 Enviro.Services@americantower.com
LEGAL NOTICE TO BIDDERS COVINGTON SEWER REHABILITATION COVINGTON, TENNESSEE The Board of Mayor and Aldermen of the City of Covington, Tennessee solicit sealed bids for the Covington Sewer Rehabilitation in Covington, Tennessee. Bids will be received by the Purchasing Director, Ms. Angela Stewart, at 200 West Washington Street, Covington, Tennessee 38019, until 10:00 a.m. local time on Thursday, November 19, 2009, and immediately thereafter will be opened and read. The work consists generally of removal and reinstallation of 8,199 L.F. of 8-inch sanitary sewer and sewer manholes all other necessary and related materials and work. All Bidders must be licensed contractors to perform the type construction herein described as required by Tennessee Code Annotated, Title 62, Chapter 6, amended by Chapter 9 and Chapter 406 of the Public Acts of 1977. Plans, Specifications and Contract Documents may be examined at the Department of Public Works, 200 West Washington Street, Covington, Tennessee 38019. Copies may be purchased from the Engineer, Fisher & Arnold, Inc., 9180 Crestwyn Hills Drive, Memphis, Tennessee 38125 at a non-refundable cost of $75.00 per set. A certified check or bank draft, payable to the City of Covington, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to five percent (5%) of the total of Bid, shall be submitted with each Bid. The City of Covington, in accordance with Title VI of the Civil rights Act of 1964 and Title 49, Code of Federal Regulations, hereby notifies all Bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, handicap or national origin in consideration for an award. Any Bidder, upon written request, will be given permission to withdraw his Proposal not later than the time set for opening. Bids accepted and read will remain effective for a period of sixty (60) days after the date and time set for the opening of such bid. The City of Covington, Tennessee reserves the right to reject any or all bids in whole or in part, with or without cause; and to accept the lowest bid which in its judgement will be for the best interest of the City of Covington. City of Covington Robert Simpson Director of Public Works/Utilities