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
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.
East Polk Fire Rescue is excepting bids for a replacement fire tanker apparatus. Tanker must 1994 model or newer diesel engine, automatic transmission and a minimum of 1200 gallon tank. Sealed bids must be received no later than 6pm April 14, 2008. To obtain complete bid / spec package contact East Polk Fire at 770-455-8077 or 423-368-4354.