Polk County News

PUBLIC NOTICES - 6/25/08

15:04

June

2008

Views: 241

E-mail

TRUSTEE'S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 31, 2005, and the Deed of Trust of even date securing the same, recorded September 8, 2005, at Book TD325, Page 410 in Office of the Register of Deeds for Polk County, Tennessee, executed by Lynda H. Dyson and Gregory L. Dyson, conveying certain property therein described to Wesley D. Turner as Trustee for Argent Mortgage Company, LLC; and the undersigned, Shellie Wallace 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 Shellie Wallace 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 July 21, 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, to-wit: Beginning at an iron pin located at the Northeastern corner of the herein described parcel and then Southeastern corner of Lot Ten (10) Rivers Edge (PB 4/45), said point also lying in the right of way of Reynolds Bridge Road; run thence along the right of way of Reynolds Bridge Road South 22 degrees 05 minutes 32 seconds West 212.86 feet to an iron pin corner; thence along the common boundary with Adams North 66 degrees 32 minutes 09 seconds West 400.78 feet to a corner, thence along property of Rush (DB 54/105) North 23 degrees 12 minutes 34 seconds East 212.95 feet to a corner marked by an iron pin; thence along Lot Ten (10) Rivers Edge South 66 degrees 31 minutes 00 seconds East 396.63 feet to the iron pin marking the point of beginning. All as shown by survey of Jim Richmond d/b/a Richmond Surveying Company, 3005 Michigan Avenue Road, NE, Cleveland, Tennessee TN License No. 917, dated August 9, 2004. Less and Except the portion of the above property conveyed to Samuel D. Adams as described in Warranty Deed Book 233, Page 200, Register's Office of Polk County, Tennessee. Being the same property conveyed to Sandra A. Burger by Deed from Edward B. Willey and wife, Ruth A. Burger, dated 08/27/04 and recorded in Book 233, Page 419, in the Register's Office of Polk County, Tennessee. For prior title: Being part of the same property conveyed to Edward E. Willey and wife, Ruth A. Willey by Deed from Bank One, NA dated 06/23/04 and recorded in Book 232, Page 317, in the Register's Office of Polk County, Tennessee; and also being the same property conveyed to Bank One, NA by Special Warranty Deed from William T. Hill, as Substitute Trustee, dated 04/08/04 and recorded in Book 231, Page 152; and further being the same property conveyed to Earnest Eugene Kersey and wife, Mary Ann Christine Kersey by Deed from Linda Woody and husband Michael Woody, dated 04/28/95 and recorded in Book 180, Page 174 in said Register's Office. Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.

ALSO KNOWN AS: 797 Reynolds Bridge Road, Benton, Tennessee 37307

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: Lynda H. Dyson; Volunteer Energy Cooperative Market & Economic Development; Gregory L. Dyson

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. 778-140768

DATED June 24, 2008.

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

To be ran: June 25, July 2, July 9, 2008

By: Shellie Wallace

TRUSTEE'S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated November 16, 2006, and the Deed of Trust of even date securing the same, recorded November 21, 2006, at Book TD346, Page 408 in Office of the Register of Deeds for Polk County, Tennessee, executed by Garry McGhee, Sr. and Henrietta McGhee, conveying certain property therein described to Arnold M. Weiss, Esq., Shelby County as Trustee for Wells Fargo Bank, N.A.; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.

A certain tract of land situated in the Third Civil District, Fractional Township Two, Range 5, East of the Basis Line of the Ocoee District of Polk County, Tennessee. Beginning at an iron stake on the old Womble Ridge Road and being the corner of Luther Craig's, and running an Easterly direction with the old Womble Ridge road to the intersection of the said road and the Taylor Ferry road; thence Southerly direction with the Taylor Ferry road to an iron stake; thence Westerly direction to the corner of Beginning, and being the land that lays South of the old Womble Ridge road, this is a Triangle piece of land and only has 3 corners. Subject to Existing easements and right of ways for public roads, if any. Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations. Also conveyed herewith is the non-exclusive right of ingress, egress, and utility service along existing roads to the subject property. Being the same property conveyed to Federal Home Loan Mortgage Corporation by Trustee's Deed filed on May 23, 2006 recorded in book WD244 at page 344 in the Register's Office of Polk County, Tennessee. Being the same property conveyed to Garry McGhee, Sr. and Henrietta McGhee by Special Warranty Deed filed on 11-21-06 recorded in book WD 248 at page 91 in the Register's Office of Polk County, Tennessee.

ALSO KNOWN AS: 169 Tankersley Drive, Farner, Tennessee 37333

DATED June 24, 2008.

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

Insertion Dates: June 25, July 2, July 9, 2008

By: Shellie Wallace

DSaleNoticeTN-Shellie_jquimby_080619_ 916

NOTICE TO CREDITORS

IN THE MATTER OF:

The Estate of William Ernest Hicks, Deceased

Notice is hereby given that on the 5th day of June, 2008, Letters of Administration in respect to the estate of William Earnest Hicks, deceased, were issued to the undersigned by the Probate Court of Polk 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 Chancery Court within four (4) months from the date of the first publication of this notice, otherwise their claims will be forever barred.

This 5th day of June, 2008.

Estate of William Ernest Hicks

Mitchell R. Hicks, Administrator

LAURA M. CRAWFORD

Attorney for Administrator

337 Main Street, P.O. Box 930

Ducktown, TN 37326

423/496-3603

To be ran: 6/25, 7/02

NOTICE TO CREDITORS

ESTATE OF MILDRED ARDENIA STINNETT (Deceased)

Notice is hereby given that on the 3rd day of June, 2008, Letters Testamentary in respect of the estate of MILDRED ARDENIA STINNETT, deceased, were issued to the undersigned by the Probate Court of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatrued, 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 3rd day June, 2008.

Jerry Stinnett

Personal Representative,

Executor

Estate of Mildred Ardenia Stinnett, Deceased

Attorney James S. Webb, Attorney

To be ran: 6/25, 7/2

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, July 17, 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: Oak Street Mortgage of Tennessee, LLC

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: 6/25, 7/2, 7/9

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.

REQUEST FOR COMMENTS

USDA Forest Service

Cherokee National Forest

Ocoee/Hiwassee District

Polk County, Tennessee

Ruth’s Golden Aster

The Ocoee/Hiwassee Ranger District is proposing to remove competing vegetation through mechanical and chemical means in order to enhance the habitat for the Endangered Ruth’s Golden Aster. The project area is located approximately 13 miles north of Ducktown, Tennessee on the Hiwassee River. Pursuant to 36 CFR 215.5, District Ranger Monte Williams requests comments on the proposed action. Additional information concerning the proposed action can be obtained by contacting the Tellico Ranger District at the addresses or phone numbers listed below. A description of the proposed actions is also available on the Cherokee National Forest Web site at http://www.fs.fed.us/r8/cherokee/planning/2008/ea08.shtml.

Comments must be postmarked or received within 30 days beginning the day following publication of this notice. Comments should be sent to: Janan Hay, Tellico Ranger District, 250 Ranger Station Road, Tellico Plains, TN 37385; telephone (423) 253-8400; fax (423) 253-2804. Oral or hand-delivered comments must be received at the above address within normal business hours of 8:00 a.m. to 4:30 p.m., Monday through Friday. Comments may be mailed electronically to comments-southern-cherokee-tellico@fs.fed.us in a common digital format.

Only those who submit timely comments will have standing to appeal. For appeal eligibility, individuals or representative from organizations submitting comments must either sign the comments or verify identity upon request.

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 July 27, 2005 by James V. McTaggart and Leslie A. McTaggart, husband and wife to Charles Boner, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD323, Page 592, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register's Office, and the owner of the debt secured, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass through certificate series # 2005-5, 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, July 17, 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.

A certain tract or parcel of land in Polk County, State of Tennessee, described as follows, to-wit: Lot Nineteen (19), Ocoee Riverside Subdivision, as shown on plat of record in Plat Book 8, page 291, Register's Office of Polk County, Tennessee. Subject to restrictive covenants as set out in instrument recorded in Misc. Book 96, Page 433, Register’s Office of Polk County, Tennessee. Subject to building setback lines as recorded on plat. Subject to floodline as shown on recorded plat.

Property Address: 153 Riverside Drive, Benton, 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, PLLC

208 Adams Avenue

Memphis, Tennessee 38l03

90l-526-8296

File # 7006-073366-FC

Published: June 25, July 2, July 9

Popular Mortgage Servicing/James Mctaggart

TRUSTEE’S SALE

Sale at public auction will be on July 9, 2008 at 2:00 p.m., local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Kimberley Alston, Single to Tri State Land Title, Trustee, on August 24, 2000 at Book TD 250, page 245 and conducted by Shapiro & Kirsch, LLP, Substitute Trustee, all of record in the Polk County Register’s office. Owner of Debt: CitiFinancial Mortgage Company, Inc.

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 Section 26, Fractional Township 3, South Range 5 East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee to wit: Lot Number 12 of Sassafras Ridge, Phase 2 as shown on plat of record in Plat Book 6, Page 7 in the Register’s Office of Polk County, and being more particularly described as follows: Beginning at an iron pin located in the center of a 60 foot easement for road and utilities, said point of beginning being the Northwest corner of the property herein conveyed; from said point of beginning along with said centerline the following 4 calls and distances: South 29 degrees, 39 minutes 39 minutes, 34 seconds East a distance of 97.28 feet; South 23 degrees 45 minutes 11 seconds East 60.45 feet to an iron pin; South 73 degrees, 24 minutes 49 seconds East a distance of 141.57 feet; South 56 degrees 5 minutes 13 seconds East 64.13 feet to an iron pin; thence leaving said centerline South 33 degrees 49 minutes 58 seconds West a distance of 678.27 feet to an iron pin; thence North 65 degrees 30 minutes 13 seconds West a distance of 341.96 feet to an iron pin; thence North 33 degrees 49 minutes 59 seconds East 767.68 feet to the point of beginning.

Street Address: Lot 12 Sassafras Ridge Phase III, Turtletown, TN 37391

Current Owner: Kimberly Alston, Single

The street address of the above described property is believed to be Lot 12 Sassafras Ridge Phase III, 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: 6/18, 6/25, 7/02/2008

File No. 08-003661

TRUSTEE'S SALE

Sale at public auction will be on July 9, 2008, at 2:00 PM, local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Jumin-Jay Ocampo Macatiag, a single man to Wesley D. Turner, Trustee, on November 10, 2005 at Book TD328, Page 479 and conducted by Shapiro & Kirsch, LLP, Substitute Trustee, all of record in the Polk County Register's Office.

Owner of Debt: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-1

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 Polk County, Tennessee to wit:

Being Lot Forty-Nine (49) of the Ocoee River Estates as shown by plat of record in Plat Book 2, page 75, Register's Office of Polk County, Tennessee.

Street Address: 155 River Bend Drive, Ocoee, TN 37361

Owner(s) of Property: Jumin-Jay O. Macatiag

Current Owner: Jumin-Jay Ocampo Macatiag, a single man

The street address of the above described property is believed to be 155 River Bend Drive, Ocoee, TN 37361, 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.

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: JUNE 18, 25, & JULY 2, 2008

File No. 08-005074

NOTICE OF PERSONAL PROPERTY SALE

PLEASE TAKE NOTICE that pursuant to T.C.A. §66-19-212 and §66-14-104 Lake Ocoee Inn & Marina, Inc. maintains a lien upon a 1972 Stardust Boat, Hull #2761187 and Registration # TN-6171-V. The last known owner of the boat is Tim Kaylor.

Pursuant to T.C.A. §66-14-104, Lake Ocoee Inn & Marina, Inc. intends to sale the above stated boat by auction to satisfy the lien on the boat. NOTICE IS HEREBY GIVEN that pursuant to T.C.A. §66-14-104 Lake Ocoee Inn & Marina will sell the above stated boat on Friday 27 June 2008 at 10:00 a.m. at the Lake Ocoee Inn & Marina, Inc. for the amount of the lien owing, plus court costs, attorney fees, and publication costs as provided by law.

TRUSTEE'S SALE

Sale at public auction will be on July 9, 2008, at 2:00 p.m., local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Jimmy R. Flowers and wife, Melinda Flowers to Emmett James House or Bill R. McLaughlin, Trustee, on February 27, 2004 at Book TD302, Page 254 and conducted by Shapiro & Kirsch, LLP, Substitute Trustee, all of record in the Polk County Register's Office.

Owner of Debt: Regions Bank d/b/a Regions Mortgage, successor by merger to Union Planters Bank, N.A.

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 First (1st) Civil District of Polk County, Tennessee, to wit:

Lot 21, Chilhowee Estates Subdivision, as shown by plat of record in Plat Book 8, Page 280, in the Register's Office of Polk County, Tennessee, to which plat reference is hereby made for a more particular description of said property.

Street Address: 198 Burgess Drive, Benton, TN 37307

Current Owner: Jimmy R. Flowers and wife, Melinda J. Flowers

The street address of the above described property is believed to be 198 Burgess Drive, Benton, TN 37307, 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.

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: JUNE 18, 25 AND JULY 2, 2008

File No. 05-0071

IN THE GENERAL COURT OF

JUSTICE DISTRICT COURT DIVISION

GUILFORD COUNTY, NORTH CAROLINA

08 CVD 995

TAMMY JO DOUGLAS MCCORMICK,

Plaintiff,

JOHN ALAN MCCORMICK,

Defendant.

TO: JOHN ALAN MCCORMICK

LAST KNOWN ADDRESS: Benton, Polk County, TN

PLEASE TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action, wherein the Plaintiff is seeking an absolute divorce based on the grounds of one year's separation.

You are required to make defense to such pleading no later than forty (40) days following the ____ day of June 2008, and upon your failure to do so, the Plaintiff will apply to the Court for the relief sought.

This the ___ day of June 2008.

Barbara K. Moreno

Attorney for Plaintiff

THE LEGAL ALTERNATIVE

304 Lindsay Street.

High Point, NC 27262

(336) 883-7900

[DATES OF PUBLICATION: 6/18, 6/25, 7/2, and 7/9/08

TRUSTEE'S SALE

WHEREAS, by Tennessee Deed of Trust, Security Agreement and Fixtures Filing dated as of July 1, 2005, John K. Hughes and Tamara L. Hughes, did convey in trust to BB&T Collateral Service Corporation, Trustee, a certain tract of land to secure payment of a debt in the original principal sum of $360,000.00 (the “Note”), payable to Branch Banking and Trust Company, a North Carolina banking corporation (“BB&T”), and of record in Trust Deed Book 322, page 655, in the Office of the Register of Deeds of Polk County, Tennessee. Said Deed of Trust is incorporated herein by reference;

WHEREAS, BB&T, is the true and lawful owner and holder of the Note and other obligations which debts are secured by the Deed of Trust aforesaid;

WHEREAS, by instrument recorded on June 9, 2008, at Miscellaneous Book 128, page 238, in the Office of the Register of Deeds of Polk County, Tennessee, BB&T, exercising its authority as such owner and holder, appointed Nelwyn Inman and R. Spencer Clift as Substitute Trustees; and

WHEREAS, default has been made in the payment of debts and obligations secured by said Deed of Trust, and BB&T, as the owner and holder of the Note, has declared the entire balance due and payable and has instructed the undersigned Trustees to foreclose said Deed of Trust in accordance with its terms and provisions;

NOW, THEREFORE, by the authority vested in us as Trustees under said instrument, we will on Friday, the 11th day of July, 2008, at 2:00 p.m. at the main entrance of the Polk County Courthouse, Benton, Tennessee, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed which is situated in the State of Tennessee, Polk County, and is described as follows:

SITUATED in the First Civil District of Polk County, Tennessee and being more particularly described as follows:

BEGINNING at an iron pin located in the Northeast line of US Highway 64 at the Southeast corner of Keith Oxford, being the property acquired in Deed Book 148, Page 293; thence along the line of Oxford, North 23 degrees 22 minutes 13 seconds East, 223.83 feet to a metal post; thence North 22 degrees 51 minutes 21 seconds East, 368.98 feet; thence along the line of Lee, South 72 degrees 23 minutes 40 seconds East, 370.01 feet; thence South 29 degrees 20 minutes 01 seconds West, 355.00 feet to an iron pin; thence North 64 degrees 29 minutes 14 seconds West, 14.16 feet; thence South 29 degrees 20 minutes 01 seconds West, 291.48 feet to an iron pin in the line of US Highway 64; thence along the line of US Highway 64 North 64 degrees 06 minutes 23 seconds West, 283.79 feet to the beginning point. Said tract containing 4.6 acres, more or less.

BEING the same property conveyed to John K. Hughes, Jr. and wife, Tamara L. Hughes by Deed from Thomas B. Lillard, II and wife, Shannon Lillard, dated August 24, 2001 and recorded in Deed Book 218, Pages 433B-434B, Register’s Office, Polk County, Tennessee.

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

Said property has an address of 409 Highway 64, Ocoee, Tennessee.

Said sale shall be made for cash in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:

Any unpaid taxes against the property; and

Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property; and

Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and

Any prior or superior liens, judgment, deeds of trust or other interests of record.

Mortgagee has complied with the notice provisions of 26 U.S.C. § 7425(c) and Reg. §§ 301.7425-1 and, T.C.A. § 67-1-1433(b)(2).

The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above.

The failure of any high bidder to pay the purchase price and close this sale shall, at the option of BB&T, be cause for rejection of the bid, and if the bid is rejected, BB&T, shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust and are made a part hereof as if set forth verbatim herein.

This Notice of Sale has been posted and published in accordance with T.C.A. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning June 18, 2008.

Nelwyn Inman and R. Spencer Clift

BAKER, DONELSON, BEARMAN, CALDWELL

& BERKOWITZ, P.C.

1800 Republic Centre

633 Chestnut St.

Chattanooga, Tennessee 37450-1800

423-752-4405

Published:

The Polk County News

Copperhill, Tennessee

June 18, June 25, and July 2, 2008

NOTICE OF FORECLOSURE

AND SUBSTITUTE TRUSTEE'S SALE

Default having been made in the terms and conditions of payments, pursuant to a certain Deed of Trust executed by Jason D. Rollins and wife, Jennifer A. Rollins, to EquiTitle, Inc., Trustee, dated the 21st day of December, 2005 and being of record in Book 330, page 255, Register's Office for Polk County, Tennessee, referred to herein as the deed of trust, which conveyed certain real property, appurtenances, estate, title and interest therein in trust to secure the indebtedness described therein, which indebtedness is now due and unpaid and has been declared in default by the lawful owner thereof, HSBC Mortgage Services, Inc. Appointment of Substitute Trustee having been duly executed by the holder of the note and beneficiary of said Deed of Trust, and appointing William Timothy Hill as Substitute Trustee.

NOW, THEREFORE, I, William Timothy Hill, Trustee, pursuant to the said Deed of Trust, having been requested by the owner and holder of said indebtedness so to do, by virtue of the authority and power vested in me by said deed of trust and appointing of Substitute Trustee will on the 9th day of July, 2008, at 12:00 noon, on the front door of the Polk County Courthouse, Benton, Polk County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured, if the holder is the successful purchaser) the following described property located in Polk County, Tennessee, to wit:

Situated in the First Civil District of Polk County, Tennessee, being a tract containing 6.6 acres lying on the East side of Hiwassee Street, the same Being a part of Lot 32 of the L. Roy Stilwell property as depicted on plat of record in Plat Book 1, page 42, Register’s Office Polk County, Tennessee. Said portion of Lot 32 is more particularly described as follows:

Beginning at an iron pin in the North Line of Hiwassee Street, said point of beginning being North 40 degrees 11 minutes West 1077.2 feet along the North line of Hiwassee Street from its intersection with the West line of Gee Street; from said point of beginning North 40 degrees 11 minutes West 307.8 feet along the north line of Hiwassee Street to James Garren; thence North 49 degrees 30 minutes East 652.0 feet to a steel pin; thence south 40 degrees 30 minutes East 642.9 feet to a corner; thence South 50 degrees 48 minutes West 233.9 feet to an iron pin in fence row; thence north 47 degrees 13 minutes West 328.1 feet along fence to an iron pin; thence South 49 degrees 47 minutes West 382.3 feet to an iron pin on the North line of Hiwassee Street, at the point of beginning according to the survey of Morgan Watkins Engineering Company, Paul R. Lingerfelt, Surveyor, bearing date of April 13, 1977. Subject to the right of way of L & N Railroad.

BEING the same property conveyed to Jason D. Rollins and wife, Jennifer A. Rollins, by deed recorded 9/30/03 in Book 228, page 188, in the Register of Deeds Office for Polk County, Tennessee.

This is improved property known as 561 Gee Creek Road, Delano, Tennessee.

The sale is subject to liens, easements, encumbrances, property tax and other matters, if any, which are prior in right to the lien of the deed of trust subject of this foreclosure and declared to be in default by the lawful holder thereof.

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 will be deemed the successful bidder.

This is an attempt to collect a debt and any information obtained will be used for that purpose.

This 4th day of June, 2008.

William Timothy Hill, Substitute Trustee

Insertion Dates: 6/18/08, 6/25/08, 7/02/08