PUBLIC NOTICE
It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of TCA, Section 40-12-104.
The Grand Jury will next meet at the Benton Courthouse on Monday, the 10th day of March, 2008 at 9:00 A.M. and at the Ducktown Courthouse on the 10th day of March, 2008 at 1:00 P.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question.
The foreman for the Benton area is David Ford, and the foreman for the Ducktown area is David Beckler.
CONNIE CLARK
CLERK OF COURTS
TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated June 30, 2006, and the Deed of Trust of even date securing the same, recorded July 11, 2006, at Book TD339, Page 70 in Office of the Register of Deeds for Polk County, Tennessee, executed by Nancy J. Moats and Danny L. Moats, conveying certain property therein described to Equity Title, Inc. as Trustee for Mortgage Electronic Registration Systems, Inc, as a separate corporation that is acting solely as nominee for SouthStar Funding, LLC and Southstar Funding LLC's successors and assigns; and the undersigned, Aaron L. Squyres of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Aaron L. Squyres of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on March 17, 2008 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, THE SAME BEING A TRACT OF LAND CONTAIINIING 5.0 ACRES, BEING BOUNDED ON THE NORTHWEST BY PIN HOOK ROAD. ON THE NORTH PARTIALLY ON THE EAST BY DANNY MOATS (DEED BOOK 128, PAGE 234), ON THE WEST BY DANNY MOATS (DEED BOOK 128, PAGE 234), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING at an iron pin found in the Southeast line of Pin Book Road; thence from said point beginning, along the Southeast line of Pin Hook Road, North 61 degrees 01 minutes East 84.55 feet to an iron pin set; thence along a severance line with Danny Moats, First, South 64 degrees 232.40 feet to an iron pin set, thence Second, South 54 degrees 311 feet East 277.34 feet to an iron pin set, and thence Third, South 02 degrees 33 feet West 227.50 feet to a fence post; thence along a common dividing tine with Ward Ex-line, First, South 34 degrees 01 feet West 199.80 feet to an iron pin found, and thence Second, North 87 degrees 47 feet West 333.57 feet to a fence post; thence along a severance line with Danny Moats, First, North 08 degrees 59 feet East 257.59 feet to an iron pin set, thence Second, North 35 degrees 28 feet East 114.0 feet to an iron pin set, and thence Third, North 32 degrees 23 feet West 290,80 feet to the point of beginning, according to the survey by Troy Richard Slack, TNRLS #680,425 Co. Road 435,EngIewood, TN bearing date of February 10th, 1995 as revised on January l4 th, 1999, and drawing No. 94-216. THERE IS ALSO CONVEYED herewith and reserved herein the right to the joint use and benefit of the existing driveway which runs over and across other lands of Danny Moats for Ingress from and Egress to Pin Hook Road, which driveway lies North of the property herein described. Being the same property conveyed by Danny L. Moats and Nancy L. Moats by Deed from Danny L, Moats, Nancy J, Moats and Celina Bradhamby, dated 12/29/04 and recorded in Book 235, Page 458 m the Register's Office of Polk County, Tennessee. FOR PRIOR TITLE: Being the same property conveyed to Danny L. Moats, Nancy .I. Moats and Celina Bradhamby by Deed from Danny L. Moats and wife, Nancy J. Moats, dated 12/02/03 and recorded in Book 229, Page 229 in the add Register's Office-SUBJECT TO Any governmental zoning and subdivision ordinnnces or regulations in effect thereon. SUBJECT TO Any existing easements. SUBJECT TO Agreement for joint driveway use and maintenance recorded in Deed Book218, Page 19. Legal description of the herein described property is the same as in the Deed of prior title.
Commonly known as: 154 Moats Drive, Calhoun, TN 37309
ALSO KNOWN AS: 154 Moates Drive, Calhoun, Tennessee 37309
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Nancy J. Moats; Danny L. Moats
The sale held pursuant to this Notice may be rescinded at the Successor 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. W&A No. 813-125844
DATED March 4, 2008.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: February 20, February 27, March 5, 2008
By:Aaron L. Sqyres
TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated May 26, 2006, and the Deed of Trust of even date securing the same, recorded June 30, 2006, at Book 338, Page 294 in Office of the Register of Deeds for Polk County, Tennessee, executed by Sandra A. Kinser, conveying certain property therein described to First American Title as Trustee for Mortgage Electronic Registration Systems Inc. a seperate corporation acting soley as a nominee for FMF Capital LLC and FMF Capital LLC's Successors and Assigns; and the undersigned, Aaron L. Squyres of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Aaron L. Squyres of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on March 24, 2008 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:
Being a part of Lot Eight (8) of Lone Oak Subdivision, as shown by plat of record in plat book 8, page 314, in the Register’s Office of Polk County, Tennessee, and being further described as follows: Beginning at an iron pin along the southeastern right of way of a 50 foot non-exclusive perpetual right of way being the southern lot line of Lot 9 of said Lone Oak Subdivision; thence following said property line, South 67 degrees 08 minutes 42 seconds East, 115 feet to an iron pin; thence leaving said southern lot line of Lot 8 and running south 31 degrees 31 minutes 4 seconds west, 157.20 feet to an iron pin; thence running north 82 degrees 08 minutes 56 seconds west 58.87 feet to an iron pin; thence running north 31 degrees 01 minute 08 seconds West 133.47 feet to an iron pin, being a point along the said southeastern right of way of a 50 foot non-exclusive perpetual right of way easement; thence following said easement, north 61 degrees 25 minutes 48 seconds East 117.63 feet to an iron pin, being the point of beginning. Legal description taken from survey draw by Cleveland Surveying Company dated 11-11-03. Together with a subject to a 50 foot non-exclusive perpetual right of way and utility and maintenance easement thereof as shown on plat. Together with and subject to a well easement use agreement, as recorded in misc book 99, page 286, in the Register’s Office of Polk County, Tennessee. Being the same property conveyed by deed recorded in book WD 245, page 252 in the Register’s Office of Polk County, Tennessee.
ALSO KNOWN AS: 2214 Old Federal Road, Ocoee, Tennessee 37361
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Sandra A. Kinser
The sale held pursuant to this Notice may be rescinded at the Successor 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. W&A No. 813-133419
DATED March 4, 2008.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: February 27, March 5, March 12, 2008
By: Aaron L. Squyres
TRUSTEE’S SALE
WHEREAS, Donald Weatherly and Lisa Weatherly by Deed of Trust (the “Deed of Trust”), dated February 7, 2003 and of record in Deed Book TD287, Page 486, Register’s Office of Polk County, Tennessee, conveyed to Diane Slack and Todd Goodhart, Trustee, the hereinafter described real property to secure the payment of a certain Promissory Note (the “Note”) described in the Deed of Trust, which Note was payable to Mortgage Electronic Registration Systems, Inc. as nominee for Fieldstone Mortgage Company, as last transferred to US Bank National, Association, as trustee, in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2003-3, Home Equity Pass-Through Certificates, Series 2003-3 by assignment to be recorded in Polk County, Tennessee records, and
WHEREAS, the said Diane Slack and Todd Goodhart, Trustee, is unable to act as Trustee under the Deed of Trust, and Mantenn, LLC has been duly appointed Substitute Trustee by the owner and holder of the Note and
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the owner and holder of the Note has demanded that the hereinafter described real property be advertised and sold in satisfaction of the indebtedness and costs of foreclosure in accordance with the terms and provisions of the Note and Deed of Trust.
NOW, THEREFORE, notice is hereby given that an agent of Mantenn, LLC, Substitute Trustee, pursuant to the power, duty, and authority vested in and conferred by the Deed of Trust, will on Thursday, March 20, 2008, at 3:00 p.m. at the East door of the Polk County Courthouse in Benton, Tennessee, will be sold to the highest call bidder for cash free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Polk County, Tennessee, described as follows:
Property located in the County of Polk, State of Tennessee:
Lot One-A (1-A) Laura Lynn Farm Estates, Phase IV, as shown by plat of record in Plat Book 8, Page 297, in the Register's Office of Polk County, Tennessee.
Being the same real estate conveyed to Donal Weatherly and wife Lisa Weatherly by Warranty Deed from Edward Allan Scoggins and wife, Beverly D. Scoggins dated February 7, 2003 and recorded in Book WD225, Page 413, in the Register's Office of Polk County, Tennessee.
SUBJECT to restrictions recorded in Deed Book 214, Page 591, in the Register's Office of Polk County, Tennessee.
SUBJECT to twenty (20) foot drainage and utility easement on street lines as noted on plat.
SUBJECT to ten (10) foot drainage and utility easement on exterior lines as noted on plat.
SUBJECT to five (5) foot drainage and utility easement on interior lines as noted on plat.
SUBJECT to any governmental zoning and subdivision ordinances or regulations in effect thereon.
Map-Parcel Numbers: 026-025.01
The street address of the above described property is believed to be 102 Lynn Drive, Benton, TN 37307, but if such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
Owner of Property: Donald Weatherly and Lisa Weatherly
In addition, the following parties may claim an interest in the above-referenced property:
Edward Allan Scoggins and wife, Beverly D. Scoggins, Deed of Trust Book TD287, Page 506
Citifinancial, Inc., Deed of Trust Book TD299, Page 387
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
All right of equity of redemption, statutory and otherwise, and homestead are expressly 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. 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.
Publication Dates: February 27, 2008, March 5, 2008, and March 12, 2008.
Mantenn, LLC, Substitute Trustee
Richard B. Maner, P.C.
5775 Glenridge Dr., Bldg D, Ste 100
Atlanta, Georgia 30328
(404) 252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 December 18, 2002 by Robert Lewis Wilcoxon, A Single Man to Law Offices David S. Humberd PC, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book 282 Page 512, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register's Office, and the owner of the debt secured, Deutsche Bank National Trust Company, as Trustee for the holders of GSAMP Trust 2003-NC1, Mortgage Pass Through Certificates, Series 2003-NC1, 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 Thursday, March 27, 2008 commencing at 11:00 AM, at the Main (West) Door of the Courthouse, Benton, Polk 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 Polk, State of Tennessee.
In the First Civil District of Polk County, TN, beginning at an iron pin located in the northeast line of Ladd Springs Road, at its intersection with the southeast line of Darnell, being the property acquired in Deed Book 139, Page 104; thence along the line of Ladd Springs Road south 23 degrees 49' 50" east, 241.55 feet to a point; thence along a division line, south 31 degrees 21' 37" west, 402.95 feet to a point; thence north 24 degrees 40' west, 184.33 feet to an iron pin; thence north 25 degrees 25' 55" east, 440.19 feet to the beginning point. Said tract containing 1.6 acres, more or less and being shown by survey of Jmmy L. Richmond, TRLS #917, dated 7-14-98 styled "Hank Wilson".
Property Address: 4382 Ladd Springs Road, Oldfort, TN.
Other Interested Parties: Austin Silvers
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, PLLC
208 Adams Avenue
Memphis, Tennessee 38l03
90l-526-8296
File # 2075-071502-FC
Published: February 27, March 5, March 12, 2008
BID NOTICE CHANGE
Polk County has extended the bid due date for inmate healthcare. The new deadline is March 13, 2008 at 4:00 p.m.
TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated September 24, 2005, and the Deed of Trust of even date securing the same, recorded September 28, 2005, at Book TD326, Page 169 in Office of the Register of Deeds for Polk County, Tennessee, executed by William Ledford and Rachel Ledford, conveying certain property therein described to Kenneth Hayes as Trustee for Wells Fargo Financial Tennessee 1, LLC; and the undersigned, Aaron L. Squyres of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Aaron L. Squyres of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on March 24, 2008 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:
A Certain tract of land in the Third Civil District of Polk County, Tennessee and being more particularly described as follows:
Beginning at an old road crossing the property of V.D. Hamby running in an easterly direction a distance of 26 yards; thence in a westerly direction a distance of 140 yards; thence in a northerly diirection a distance of 65 yards with the line of Tennessee Chemical Company; thence in an easterly direcrtion a distance of 140 yards, running with the Old Road back to the point of original beginning. Bounded on the east by public highway, south by Clyde Duggan, West by Tennessee Chemical Company North by Old Road.
Being the same property conveyed from Hershel Raper and wife Nancy A. Raper, to Rachel Ledord, by Deed recorded 2/29/2000, in Book 212, Page 559, in the Register's Office for Polk County tennessee.
ALSO KNOWN AS: 215 Duggan Road, Farner, Tennessee 37333
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: William Ledford; Rachel Ledford;
The sale held pursuant to this Notice may be rescinded at the Successor 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. W&A No. 717-132980
DATED March 4, 2008.
WILSON & ASSOCIATES, P.L.L.C.
Successor Trustee
Insertion Dates: February 27, March 5, March 12, 2008
By: Aaron L. Squyres
BID NOTICE
Polk County is requesting proposals to service the sanitation for Polk County. The deadline for receipt of proposals is March 13, 2008 at 4:00 p.m. To obtain a copy of the bid specifications contact the County Executive’s Office at 423-338-4527.
NOTICE TO CREDITORS
ESTATE OF: BETTY JEAN PULLIN (deceased)
Notice is hereby given that on the 22nd day of February, 2008, Letters of Administration in respect of the estate of BETTY JEAN PULLIN, were issued to the undersigned by the Probate Court of Polk County, Tennesse.
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 four (4) months from the date of the first publication of this notice, otherwise their claims will be forever barred.
This 22nd day of February, 2008
Signed: Mary Parks, Holland Black
Estate of Betty Jean Pullin, Deceased
To be ran: 3/5, 3/12
TRUSTEE'S SALE
Sale at public auction will be on March 26, 2008 at 2:00 P.M., local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Wendell B. Waters and Elissa A. Waters, husband and wife to Priority Trustee Services of Tennessee LLC, Trustee, on June 24, 2005 at Book 322, Page 206 and conducted by Shapiro & Kirsch, LLP, Substitute Trustee, all of record in the Polk County Register's Office.
Owner of Debt: U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation, Series 2005-OPT1
The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in the Third (3rd) Civil District of Polk County, Tennessee, more particularly described as follows: A certain parcel of land Situated in District Number 3 of Polk County, Tennessee, Fractional Township 3 South, Range 5 East of Ocoee Basis Line, more partially described as containing 1.23 acres, more or less, as shown by that certain plat for Brad Waters and Lisa Waters dated June 13, 2005 by Lowell K. Brice T.R.L. S. Number 1892. Said plat recorded on June 23. 2005 in Plat Book PB10, Page 90, in the Register of Deeds Office, Polk County, Tennessee. Reference is hereby made to said recorded plat for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed. Said property is conveyed subject to all easements, restrictions, and rights of way as set forth on said recorded plat or as appearing of record.
Street Address: 253 McJunkin Road, Turtletown, TN 37391
Owner(s) of Property: Wendell Waters, and wife, Elissa A. Waters
Other interested parties: Option One Mortgage Corporation
The street address of the above described property is believed to be 253 McJunkin Road, Turtletown, TN 37391, 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 herein shall control.
All right of equity of redemption, statutory and otherwise, and homestead are expressly 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.
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 the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
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 at any time.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
Shapiro & Kirsch, LLP, Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis, TN 38119
Phone 901-767-5566
Fax 901-767-8890
Publication dates: March 5, 12, & 19, 2008
File No. 08-001705
NOTICE OF PUBLIC MEETING
INVITATION TO APPLY FOR REHAB SERVICES
NOTICE TO CONTRACTORS
Polk County will hold a public meeting at the Polk County Courthouse in the Court Room next to Room 307 on the 3rd Floor, Thursday, March 20, 2008, at 2:00 p.m. EST to explain the policies and procedures of the 2007 Polk County H.O.M.E. housing rehabilitation program. The Southeast Tennessee Development District will assist the County with administering the program. Disabled persons needing special accommodations may call the Courthouse at 423-338-4527 to make arrangements.
Low and moderate-income homeowners living in the county are encouraged to apply to participate in the program. Applications are available at the Courthouse during normal business hours. Applications can also be obtained by calling SETDD Housing Services at (423) 424-4260. The deadline to apply is April 30, 2008.
The Southeast Tennessee Development District is accepting applications from qualified contractors interested in bidding on housing rehabilitation jobs in the county. This project is funded by a H.O.M.E. grant from a Tennessee Housing Development Agency. Contractors must provide proof of experience and insurance. Minority and female-owned contractors are encouraged to participate. Contractor applications may be obtained by contacting SETDD Housing Services at (423) 424-4265.
TRUSTEES SALE
All words and phrases herein which have the first letters thereof capitalized are defined on the attached identifying Data of Mortgage or Deed of Trust, consisting of one page.
Beneficiary has appointed the substitute trustee prior to the first notice of publication as required by T.C.A. 35-5-101 and ratifies and confirms all actions taken by the substitute trustee subsequent to said date of substitution and prior to the recording of this substitution.
The Real Estate to be Sold will be sold at public auction to the highest bidder, in lawful money of the United States at the following date, time and place:
Date of Sale: March 27, 2008
Time of Sale: 10:00 a.m.
Place of Sale: Front Steps, Polk County Courthouse, Hwy. 411 South, Benton, TN
Philip M. Kleinsmith
Attorney for the Present Mortgagee(s)
And/or Substitute Trustee
Tennessee Attorney
Registration No. 016987
6035 Erin Park Drive, Ste. 203
Colorado Springs, CO 80918
1-800-842-8417
Identifying Data of Debt, the Collateral and Collateral Instrument The Debt:
Dated: 3/31/01
Original Principal Blance: $69,500.00
Original Borrower (s): Nannie Sue Melton and Dennis Melton
Present Borrower (s): Nannie Sue Melton and Dennis Melton
Original Creditor (s): WMC Mortgage Corp.
Present Creditor (s): Bank of New York as Successor in Interest to JP Morgan Chase Bank NA as Trustee for ARC-2001-BC6
Defaults Causing Foreclosure: Non-Payment of Periodic Payments since: 10/1/2006
Present Principal Balance (i.e. as of 10/1/2006) $65, 798.31
Dailey Interest asfter same date $14.85
Estimated Total Costs $1,8000.00
Attorney Fees for Completed Default Foreclosure $550.00
Present Value of Collateral $Unknown
The Collateral: Real Estate Mortgaged Property or Trust Property or Property: Assessor’s Tax Parcel #: 107 004.02
Common Description: Rt. 1 Box 261 Old Fort, TN 37362
Legal Description: Being a certain tract or parcel of land lying and being the South side of the Ladd Springs Road, and more particularly described as BEGINNING at a stake corner in the South line of Ladd Springs Road, where the Northwest corner of the herein conveyed property corners with the Northeast corner of James Pell Property: thence running Southwardly and with the East line of property of James Pell, 542 feet, more or less, to a stake corner; thence running Eastwardly and with the North line of Browder’s line, 250 feet, more or less, to a stake corner; running Northwardly and with the West line of lands of Charles Waters, 179 feet, more or less to stake corner in the line of Price Ballew, thence running Westwardly and with the line of Ballew 194 feet, more or less, to a corner with Price Ballew land; thence running Northwardly and with the Price Ballew line, 240 feet, more or less, to a point in the South line of Ladd Springs Road; thence running Westwardly and with the South line of said Ladd Springs Road, 25 feet more or less, to the point of beginning. Bounded on the West by James Pell, South by Browder; East by lands of Waters and Ballew; and North by Ballew and Ladd Springs Road.
Being the same property conveyed to Burce Renner from Jo Frank Lewis dated 06/08/96 recorded in Book 188 page 99 in the Register’s Office of Polk County, Tennessee. Book 217; page 365
Collateral Instrument(Mortgage, Deed of Trust, or Trust Indenture or Security Agreement Being Foreclosed Per Real Estate Records of County Where Real Estate is Located or other records where Collateral Instrument filed):
Dated: 3/23/01
Recording Data: Bk TD257, Pg. 677
Orginal Trustee: Arnold M. Weiss
Orginial Borrower(s), Mortgagor (s), Grantor (s) or Trustor (s):
Nannie Sue Melton and Dennis Melton
Present Borrower (s), Mortgagor (s)
Trustor (s) Names & Address (es)
Nannie Sue Melton and Dennis Melton
Rt. 1 Box 261
Old Fort, TN 37362
Date Recorded or Filed: 4/23/2001
Original Principal Balance: $(See Above)
Original Mortgagee(s), Beneficiary (ies)
Or Secured Party (ies): WMC Mortgage Corp.
Present Mortgagee (s), Beneficiary(ies) or Secured Party (ies): Bank of New York as Successor in interest to JP Morgan Chase Bank NA as Trustee for ARC-2011-BC6
Present Owner (s) of Collateral
Names and Addresses(es)
Nannie Sue Melton and Dennis Melton
Rt. 1 Box 261
Old Fort, TN 37362
To be ran: 3/5, 3/12, 3/19
TRUSTEE'S SALE
TENNESSEE, POLK COUNTY
WHEREAS default having been made in the payment of the indebtedness, secured by a Deed of Trust executed by Mark Hatheway and Renee Hatheway to Raymond E. Lacy, Trustee dated April 5, 2005 in the amount of $169,600.00, and recorded in the Register's Office of Polk County, Tennessee in Deed Book TD319, Page 62, (“Deed of Trust”);
WHEREAS the beneficial interest of said Deed of Trust was last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; and
WHEREAS Mortgage Electronic Registration Systems, Inc. the current owner and holder of said Deed of Trust (the “Owner and Holder”), appointed the undersigned, Frank R. Olson, Sidney A. Gelernter, J. Michael Dugan or Laura A. Grifka, as Substitute Trustee by instrument filed for record in the Register's Office of Polk County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that the entire amount of said indebtedness has been declared due as provided in said Deed of Trust by the Owner and Holder, and the undersigned Frank R. Olson, Sidney A. Gelernter, J. Michael Dugan or Laura A. Grifka, Substitute Trustee, or a duly appointed attorneys or agents, by virtue of the power and authority vested in the Appointment of Substitute Trusee, will on Thursday, April 3, 2008 commencing at 3:00 PM at the front steps on Ocoee Street of the Polk County Courthouse, Benton, Tennessee; proceed to sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Part of Sections 20, 21, 28 and 29, Fractional Township 4 South, Range 5 West of Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, and being Lot 14 of Hideaway Falls Subdivision Phase I, as shown by plat of record in Plat Book 9, Page 47, replatted in Plat Book 9, Page 100, Register`s Office for Polk County, to which plat reference is hereby made for a more complete legal description.
BEING the same property conveyed to Mark Hatheway, married, by Warranty Deed from Keith Seagle, dated 4-5-05, recorded 4-12-05, in Book 237, Page 153-54, Polk County, Tennessee.
Map & Parcel No.: 125MA014.00
PROPERTY ADDRESS: 154 Baylees View, Copperhill, Tennessee 37317
CURRENT OWNER(S): Mark Hatheway
SUBORDINATE LIENHOLDERS: CitiMortgage, Inc.
OTHER INTERESTED PARTIES: N/A
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly 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.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed.
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.
Frank R. Olson, Sidney A. Gelernter, J. Michael Dugan or Laura A. Grifka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-05151 /CONV
Ad Run Dates: 3/12, 3/19, 3/26
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
PUBLIC NOTICE
The Ducktown City Commission will have their regular meeting on March 6th, 2008 at 7:00 p.m. and will be voting on a Resolution authorizing the issuance, sale, and payment of three year capital outlay notes not to exceed $25,000.00.
Mayor Talley