WHEREAS, Jonathan McCann and wife, Tammy McCann, executed a deed of trust securing BB&T, a/k/a Branch Banking and Trust Company, successor by merger to The Bank/First Citizens Bank of record in Book TD 346, pages 228-237, in the Register=s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference;

WHEREAS, said note is in default and the default has not been cured, despite demand;

WHEREAS, George N. McCoin, was appointed trustee by said deed of trust recorded in Book TD 346, pages 228-237, in the Register=s Office of Polk County, Tennessee;       

WHEREAS, the owner and holder of the note has directed the trustee to proceed with foreclosure on the deed of trust;

NOW, THEREFORE, I, GEORGE N. McCOIN, TRUSTEE, will on Wednesday, April 16, 2008 @ 11:30 a.m. local time, sell the hereindescribed property at the main door of the courthouse at Polk County, Tennessee.  The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate: Located in the First Civil District of Polk County, Tennessee, to wit: Lot One (1), Savannah Place, as shown by plat of record in Plat Book 9, page 91, Register=s Office of Polk County, Tennessee. FOR PRIOR TITLE see warranty deed from Thomas and Thomas Developments, LLC to Jonathan McCann as recorded April 24, 2006 in Book 244, page 44, Register=s Office of Polk County, Tennessee.   

SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.

SUBJECT to all rights of way, setback lines, easements, conditions, restrictions, limitations, and notations as shown on plat recorded in Plat Book 9, page 91, Register’s Office of Polk County, Tennessee.

SUBJECT to conditional sewer easement as recorded in Deed Book 151, page 144 and Deed Book 162, page 335, Register’s Office of Polk County, Tennessee.

SUBJECT to terms of consent to installation as recorded in Trust Book 275, page 158, Register=s Office of Polk County, Tennessee.

SUBJECT to restrictions as recorded in Misc. Book 109, page 115, in the Register’s Office of Polk County, Tennessee.

This property is believed to be: 191 Claire Street, Benton, TN 37307.

Said sale is subject to all unpaid taxes, assessments, and prior liens that have priority over the lien being foreclosed.

Trustee will sell and convey as trustee only.  The above property is sold Awhere is, as is@.

Governmental Entity Tax Liens: None.

Other Interested Parties: Pursuant to T.C.A. 35-5-104 notice to Aother interested parties’ is being provided to Johnny McKenzie, Ace Refrigeration, LLC, 1600 Foust Street, Chattanooga, TN 37404, by virtue of a Mechanic/Materialman’s Lien recorded in Book L11, page 423-426, in the Register=s Office of Polk County, Tennessee.

Witness my hand this 29th day of February, 2008.

/s/ George N. McCoin

Trustee

Publication dates: March 19, 2008; March 26, 2008; April 2, 2008.

WHEREAS, Jonathan McCann, unmarried, executed a deed of trust securing BB&T, a/k/a Branch Banking and Trust Company, successor by merger to The Bank/First Citizens Bank of record in Book TD 342, pages 199-209, in the Register=s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference;

WHEREAS, said note is in default and the default has not been cured, despite demand;

WHEREAS, George N. McCoin, was appointed trustee by said deed of trust recorded in Book TD 342, pages 199-209, in the Register=s Office of Polk County, Tennessee;       

WHEREAS, the owner and holder of the note has directed the trustee to proceed with foreclosure on the deed of trust;

NOW, THEREFORE, I, GEORGE N. McCOIN, TRUSTEE, will on Wednesday, April 16, 2008 @ 11:30 a.m. local time, sell the hereindescribed property at the main door of the courthouse at Polk County, Tennessee.  The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate:

Located in the First Civil District of Polk County, Tennessee, to wit:

Being Lot Six (6), Savannah Place, as shown by plat of record in Plat Book 9, page 91, Register’s Office Polk County, Tennessee.

FOR PRIOR TITLE see warranty deed from Thomas and Thomas Development, LLC to Jonathan McCann as recorded April 24, 2006 in Book 244, page 44, Register’s Office Polk County, Tennessee.  

SUBJECT to restrictions as recorded in Misc. Book 109, page 115, in the Register=s Office Polk County, Tennessee.

SUBJECT to easements and setbacks as set out on plat recorded in Plat Book 9, page 91, in the Register’s Office Polk County, Tennessee.

SUBJECT to terms of consent to installation as recorded in Trust Book 275, page 158, in the Register’s Office Polk County, Tennessee.

SUBJECT to conditional sewer easement as recorded in Deed Book 151, page 144 and Deed Book 162, page 335, in the Register=s Office Polk County, Tennessee.

SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.

This property is believed to be: 129 Benjamin Place, Benton, TN 37307.

Said sale is subject to all unpaid taxes, assessments, and prior liens that have priority over the lien being foreclosed.

Trustee will sell and convey as trustee only.  The above property is sold where is, as is.

Governmental Entity Tax Liens: None.

Other Interested Parties: None.

Witness my hand this 29th day of February, 2008

/s/ George N. McCoin

Trustee

Publication dates: March 19, 2008; March 26, 2008; April 2, 2008.

WHEREAS, Jonathan McCann, unmarried, executed a deed of trust securing BB&T, a/k/a Branch Banking and Trust Company, successor by merger to The Bank/First Citizens Bank of record in Book TD 326, pages 55-64, in the Register’s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference;

WHEREAS, said note is in default and the default has not been cured, despite demand;

WHEREAS, George N. McCoin, was appointed trustee by said deed of trust recorded in Book TD 326, pages 55-64, in the Register=s Office of Polk County, Tennessee;       

WHEREAS, the owner and holder of the note has directed the trustee to proceed with foreclosure on the deed of trust;

NOW, THEREFORE, I, GEORGE N. McCOIN, TRUSTEE, will on Wednesday, April 16, 2008 @ 11:30 a.m.

local time, sell the hereindescribed property at the main door of the courthouse at Polk County, Tennessee.  The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate: Located in the First Civil District of Polk County, Tennessee, to wit:

Lots Thirty-four, Thirty-five and Thirty-six (34, 35 and 36), Savannah Place, as shown by plat of record in Plat Book 9, page 91, Register’s Office of Polk County, Tennessee.

LESS AND EXCEPT the portion of said property conveyed by deed of record in Book 248, page 457, and in Book 246, page 93, Register’s Office Polk County, Tennessee.

FOR PRIOR TITLE see quitclaim deed from Thomas and Thomas Developments, LLC to Joseph B. Thomas, Jr. and wife, Nicolee Thomas as recorded August 10, 2005 in Book 239, page 198, and see also warranty deeds to the grantor herein in Book 240, page 111-112 and Book 240, page 113-114, all in the Register’s Office of Polk County, Tennessee.  

SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.

SUBJECT to restrictions as recorded in Misc. Book 109, page 115, in the Register’s Office of Polk County, Tennessee.

SUBJECT to easements and setbacks as set out in Plat Book 9, page 91, Register’s Office of Polk County, Tennessee.

SUBJECT to conditional sewer easement as recorded in Deed Book 151, page 144 and Deed Book 162, page 335, Register’s Office of Polk County, Tennessee.

SUBJECT to terms of consent to installation as recorded in Trust Book 275, page 158, Register’s Office of Polk County, Tennessee, if applicable.

This property is believed to be: 170 Claire Street, Benton, TN 37307.

Said sale is subject to all unpaid taxes, assessments, and prior liens that have priority over the lien being foreclosed.

Trustee will sell and convey as trustee only.  The above property is sold Awhere is, as is@.

Governmental Entity Tax Liens: None.

Other Interested Parties: None.

Witness my hand this 29th day of February, 2008.

/s/ George N. McCoin

Trustee

Publication dates: March 19, 2008; March 26, 2008; April 2, 2008.

City Hall will be closed on March 21 for Good Friday. There will be no garbage pickup on that day. The garbage will be picked up on Thursday, March 20.

Marty Fowler, Clerk

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

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.