Public Notice

 


NOTICE TO CREDITORS

Case number 2022-PR-22 in the matter of the estate of Gary M. Pretzer, deceased.

Notice is hereby given that on the 28th day of April, 2022, Letters Testamentary in respect of the estate of Gary M. Pretzer, who died August 31, 2021, were issued to the undersigned by the Lewis County Chancery Court of Lewis County, Tennessee. All persons, resident and non-resident, 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 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

(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 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: April 27, 2022

Andrew J. Pretzer, Executor

Date: April 28, 2022

Kaitlin O. Bates,

Lewis County Clerk & Master

Attorney for the Estate:

Jack B.D. Heath

Heath Law Firm

19 Cedar Street

Hohenwald, TN 38462

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NOTICE OF SALE

OF REAL ESTATE

WHEREAS, on August 26, 2015, by deed of trust recorded in the Register’s Office of Lewis County, Tennessee, in Record Book 166 at page 412, ROLCT, Bobby Frazier, conveyed to Paul B. Plant, Trustee, the hereinafter described real estate to secure the payment of a note; and

WHEREAS, the said Wendell Lee Crowell is now deceased, having died on August 1, 2017, and all debts owed to the estate have come into the hands of Heather Crowell Wren, the daughter of Mr. Crowell;

WHEREAS, by instrument dated April 9, 2022, of record in Record Book 245 at page 526, ROLCT, the holder and owner of said note appointed Jack B. D. Heath as substitute trustee; and

WHEREAS, default has been made in the payment of said indebtedness and Heather Crowell Wren, the owner and holder of said indebtedness, has declared the entire amount due and payable as provided in said deed of trust, and the trustee has been directed to foreclose on same in accordance with the terms thereof; and

WHEREAS, pursuant to T.C.A. 35-5-117, the owner and holder of said indebtedness has given lawful notice to the debtor of the Lender’s right to foreclose prior to the publication of this Notice of Sale of Real Estate.

WHEREAS, pursuant to T.C.A. 35-5-104, other parties that may have an interest in the tract herein described are the following:

1. Lewis County, Tennessee (county taxes)

2. Lewis County Solid Waste

3. Heirs of Bobby Frazier

NOW THEREFORE, the public is hereby notified that the undersigned trustee will sell the hereinafter-described real estate at public auction, to the highest and best bidder, for cash in hand, at the front (East) door of the courthouse in Hohenwald, Lewis County, Tennessee, at 10:00 o’clock a.m. on the 24th day of May, 2022, said property to be sold, free from the equity of redemption, homestead and dower, but subject to unpaid real estate taxes, unpaid solid waste fees, any liens or encumbrances prior to the subject deed of trust, and any priority created by a fixture filing, if any.

The street address of the real estate to be sold is 569 Swan Avenue and 565 Swan Avenue, Hohenwald, TN 38462, and said property is located in the Third (3rd) Civil District of Lewis County, Tennessee, and being more particularly described as follows:

Tract One:

Being a tract of land located in the 3’“ Civil District of lewis County, Tennessee, and also being a portion of the same property as recorded in the name of Wendell Lee Crowell (Record Book 147, Page 195, Tax Map 356, Group A Parcel 28.00), bounded on the north by Wendell Lee Crowell, bounded on the west by John Michael Duncan, bounded on the south by Wendell Lee Crowell, bounded on the east by Swan Avenue and being more particularly described as follows:

Beginning at an iron pin set in the west margin of Swan Avenue at the southeast corner of Wendell Lee Crowell (Record Book 147, Page 195, Tax Map 35G, Group A, Parcel 26.00) and being the northeast corner of the herein described tract: thence with the west margin of Swan Avenue, South 20 degrees 04 minutes 55 seconds West for a distance of 43.05 feet to a point; thence with same. South 22 degrees 15 minutes 06 seconds West for a distance of 52.89 feet to an iron pin set at the northeast comer of Parcel 29.00 being the southeast corner of the herein described tract; thence with the north line of Parcel 29.00, North 64 degrees 13 minutes 22 seconds West for a distance of 112.21 feet to a 12 inch walnut in the east line of John Michael Duncan (Record Book 87, Page 234, Tax Map 35G, Group A, Parcel 27.00) and being the southwest comer of the herein described tract; thence with the east line of John Michael Duncan, North 21 degrees 22 minutes 33 seconds East for a distance of 76.38 feet to an axle found in the south line of Parcel 26.00 and being the northwest corner of the herein described tract; thence with the south line of Parcel 26.00, South 74 degrees 12 minutes 28 seconds East for a distance of 112.25 feet to the point of beginning and containing 0.22 acres by survey of Ronald C. Hinson, Tennessee Registered Land Surveyor No. 2034, Lawrence County, Tennessee dated August 14,2015.

The above/described tract is subject to any and/or all utility or right of way easements that be of record or not.

Tract Two:

Being a tract of land located in the 3’“ Civil District of lewis County, Tennessee, and also being a portion of the same property as recorded in the name of Wendell lee Crowell (Record Book 147, Page 195, Tax Map 35G, Group A, Parcel 29.00), bounded on the north by Wendell Lee Crowell, bounded on the west by John Michael Duncan, bounded on the south by Gerald and Carolyn Bobo, bounded on the east by Swan Avenue and being more particularly described as follows:

Beginning at an Iron pin set In the west margin of Swan Avenue at the northeast comer of Gerald and Carolyn Bobo (Record Book S9, Page 358, Tax Map 35G, Group A, Parcel 32.00) and being the southeast comer of the herein described tract; thence with the north line of Gerald and Carolyn Bobo, North 68 degrees 29 minutes 45 seconds West for a distance of 105.63 feet to a 8 inch tree at the southwest corner of the herein described tract; thence with the east line of John Michael Duncan (Record Book 87, Page 234, Tax Map 35G, Group A, Parcel 27.00), North 23 degrees 51 minutes 49 seconds East for a distance of 82.24 feet to an Iron pin found; thence with same, North 21 degrees 54 minutes 55 seconds East for a distance of 102.54 feet to a 12 inch walnut at the southwest corner of Parcel 28.00 and being the northwest corner of the herein described tract; thence with the south line of Parcel 28.00, South 64 degrees 13 minutes 22 seconds East for a distance of 112.21 feet to an iron pin set in the west margin of Swan Avenue at the southeast corner of Parcel 28.00 and being the northeast corner of the herein described tract; thence with the margin of Swan Avenue South 22 degrees 15 minutes 06 seconds West for a distance of 83.76 feet to a point; thence with same, South 27 degrees 14 minutes 15 seconds West for a distance of 93.07 feet to the point of beginning and containing 0.46 acres by survey of Ronald C. Hinson, Tennessee Registered Land Surveyor No. 2034, Lawrence County, Tennessee dated August 14, 2015.

The above/described tract is subject to any and/or all utility or right of way easements that may be of record or not.

Being the same property conveyed to Bobby Frazier by deed of Wendell Lee Crowell, dated August 26, 2015, of record in Record Book 166, page 409, ROLCT.

Tract One is known as Map 35G, Group A, Parcel 28.00 in the Tax Assessor’s Office of Lewis County, Tennessee. Tract Two is known as Map 35G, Group A, Parcel 29.00 in the Tax Assessor’s Office of Lewis County, Tennessee.

The Real Property and improvements thereon, if any, will be sold AS IS WHERE IS without warranties or representations of any kind. The sale held pursuant to this Notice may be rescinded at the 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.

I reserve the right to take or accept the next highest or best bid as such sale should the last and highest bidder fail or refuse to comply with the terms of sale for any reason. In such event, I shall also reserve the right to reopen the bidding or republish and sell said Real Property at my option. The Beneficiary may become the purchaser at the sale. The Trustee reserves the right to conduct the sale by or through his agents or attorneys acting in his place or stead, including the use of an auctioneer.

This the 18th day of April, 2022.

JACK B. D. HEATH,

SUBSTITUTE TRUSTEE

HEATH LAW FIRM

Jack B. D. Heath, Attorney

19 Cedar Street

Hohenwald, TN 38462

Telephone: 931/796-7974

Telefax: 931/796-7924

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