CITY OF DUCKTOWN
The City of Ducktown will be accepting sealed bids for 3 vacant lots of property. Location of lots are West Main Street/ Map 115F-A-017.00, Spruce Street/ Map 115C-F-004.00 and Douglas Street/115C-F-025.00. Sealed bids must be received at City Hall 327 Main Street no later than 4 p.m. September 4, 2008. Sealed bids will be opened September 4, 2008 at City Hall during the regular scheduled Commission meeting, which starts at 7:00 p.m. For further information please contact the Ducktown City Clerk at 423/496-3546. The City of Ducktown reserves the right to refuse any or all bids.
James Talley, Mayor
City of Ducktown
P.O. Box 506
Ducktown, TN 27326
423/496-3546
To be ran: 8/13, 8/20
NOTICE TO CREDITORS
POLK COUNTY, TENNESSEE CHANCERY COURT
PROBATE DIVISION
IN RE: ESTATE OF GERSTEL JOE GREEN
DECEASED
No. P-879
ESTATE OF: GERSTEL JOE GREEN (deceased)
Notice is hereby given that on the 5th day of August, 2008, Letters of Testamentary in respect of the Estate of Gerstel Joe Green, deceased, were issued to the undersigned by the Probate Court of Polk County, Tennessee.
All persons, resident and non-resident, having claims, matured or un-matured, against the 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 5th day of August, 2008.
Lana Green, Executor
Lori Green Stafford, Executor
Attorney: Douglas N. Blackwell II, Esq.
623 Broad Street, NW
P.O. Box 1455
Cleveland, TN 37364-1455
To be ran: 8/13, 8/20
IN THE CIRCUIT FOR POLK COUNTY, TENNESSEE
DIVDIST JUDICIAL DISTRICT
CHRISTY GUERARA
Plaintiff,
Vs.
RAUL GUERARA TALAMANTES
Defendant
Order of Publication
Pursuant to T.C.A. 21-1-204, appearing from allegations of the Complaint in this cause, being duly sworn to or from affidavit, that Raul Guevar Talamantes the Defendant cannot be served with the ordinary process of law for the following reason-non-resident of Tennessee.
It is therefore ordered, that said Defendant(s) enter an appearance 30 days after the last publication and file an answer to the complaint, or judgment by default may be taken against you for the relief demanded in the complaint. A copy of this order is to be published for four consecutive weeks in the Polk County News. The last known address for this defendant is Mexico.
Date: 8-8-08.
Conner Clark
Clerk of Courts
To be ran: 8/13, 8/20, 8/27, 9/3
TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 28, 2006, and the Deed of Trust of even date securing the same, recorded August 4, 2006, at Book TD340, Page 212 in Office of the Register of Deeds for Polk County, Tennessee, executed by Joan H. Pope, 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.
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 September 8, 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 by traveling from the intersection of the Northwest line of Oak Grove Road, with the Northeast line of a 50- foot non exclusive perpetual road right of way easement; thence North 20 degrees 55 minutes West, 157.2 feet, North 40 degrees 11 minutes West, 38.3 feet, North 43 degrees 25 minutes West 235.5 feet, North 43 degrees 51 minutes West, 216.3 feet, North 66 degrees 37 minutes West, 167.4 feet, North 75 degrees 31 minutes West 56.7 feet, North 65 degrees 11 minutes West 76.1 feet to an iron pin the Point of Beginning; thence from the beginning point, and traveling along said right of way easement North 65 degrees 11 minutes West, 326.6 feet to a set stone; thence leaving the line of said right of way easement, North 26 degrees 43 minutes East, 672.6 feet to an iron pin; thence South 63 degrees 8 minutes East, 326.4 feet to an iron pin; thence South 26 degrees 43 minutes West, 660.9 feet to the Beginning point. Said tract being shown by survey of Jimmy L. Richmond. Cleveland, Tennessee, TN License No. 917 being drawing VF-4-Crowe dated 04/22/90. Said tract is conveyed Subject to a 15- foot utility easement along the Southwest line of said tract. There is also conveyed, the right to use a 50-foot non-exclusive perpetual road right of way easement and a 15-foot utility easement lying to the Northeast thereof, said easement to be for the benefit of the tract hereinabove conveyed with the Northeast line of said 50-foot road right of way and the Southwest line of said 15-foot utility easement being described as Beginning at the intersection of the Northwest line of Oak Grove Road with the Northeast Line of said 50-foot perpetual road right of way easement; thence North 20 degrees 55 minutes West, 157.2 feet, North 40 degrees 11 minutes West 38.3 feet, North 43 degrees 25 minutes West 235.5 feet; North 43 degrees 51 minutes West, 216.3 feet; North 66 degrees 37 minutes West 167.4 feet; North 71 degrees 31 minutes West, 56.7 feet, North 65 degrees 11 minutes West 402.7 feet to a point. Being the same property conveyed to James L. Pope and wife, Joan H. Pope by Deed from Faye Crowe, dated 01/22/93 and recorded in Book 162, Page 122 in the Register's Office of Polk County, Tennessee. SUBJECT TO Any applicable governmental zoning ordinances or subdivision regulations in effect thereon. M/P 036-033.53 gr Commonly known as: 186 Pope Road, Benton, TN 37307
ALSO KNOWN AS: 186 Pope 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: Joan H. Pope; Beneficial Tennessee, Inc.; James L. Pope
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. 717-143013
DATED August 5, 2008.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: August 6, August 13, August 20, 2008
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 25th day of August, 2008 at 9:00 A.M. and at the Ducktown Courthouse on the 25th day of August, 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 Steve Harbison, and the foreman for the Ducktown area is David Beckler.
CONNIE CLARK
CLERK OF COURTS
IN THE CHANCERY COURT FOR POLK COUNTY, TENNESSEE
WHITE DEVELOPMENT, LLC.
BOBBY G. WHITE and ROBERT CHRISTOPHER WHITE
VS.
THE HEIRS OF BENJAMIN CALLOWAY
THOMAS H. CALLOWAY, JAMES CALLOWAY,
MAGGIE CALLOWAY, JOHN L. CALLOWAY,
ANNA B. CALLOWAY and FRANK E. CALLOWAY
TAKE NOTICE THAT A COMPLAINT FOR CLAIM OF ABANDONMENT OF MINERAL INTEREST was filed in the Chancery Court for Polk County, Tennessee in the above-styled case and said Complaint sets out that a reservation of mineral estate by the Defendants in a deed of record in Deed Book N, pages 163 and 164 dated January 5, 1880 and in Deed Book L, page 283 dated October 18, 1872 Register’s Office of Polk County, Tennessee is believed to be abandoned.
The Plaintiff’s herein have asked the Court to declare said mineral interest abandoned and to reunite said mineral interest belonging to White Development, LLC and Robert Christopher white and Bobby G. White by deeds of record in Deed Book 239 , page 287, Deed Book 250, page 122, Deed Book 249, page 461 Register’s Office of Polk County, Tennessee.
TAKE NOTICE that if no claim is filed by the heirs or any heir of the Defendants within 60 days of the first publication of this Notice, then the Court shall declare said mineral interest to be abandoned. Any statement of claim filed must contain the name and address of the owner or owners of such mineral interest and shale cite tax map and parcel numbers for owners of the surface above the mineral estate. Said claim must be filed with the Clerk and Master of Polk County, Tennessee within the time set out herein.
This 25th day of July, 2008.
Kim Ingram, Clerk & Master
This instrument prepared by:
David S. Humbered, Attorney
P.O. Box 957
Cleveland, TN 37364
423-479-6141
Publication Dates: 7/30/08, 8/06/08 and 8/13/08
TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated NOVEMBER 15, 2007, executed by JOEL CURTIS, UNMARRIED, TO J. MICHAEL SHARP, Trustee, of record in BOOK TD370 PAGE 21, in the Register's Office for POLK County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register's Office for POLK County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by U.S. BANK, N.A. as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY SEPTEMBER 12, 2008 AT 11:00 A.M. (LOCAL TIME) AT THE WEST DOOR OF THE POLK COUNTY COURTHOUSE IN BENTON, POLK COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in POLK County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF POLK, TENNESSEE:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SITUATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, APPROXIMATELY ONE AND A HALF MILE NORTH OF THE CONASAUGA RIVER AND ON THE EAST SIDE OF US HIGHWAY 411, CONTAINING 2 ACRES, MORE OR LESS, BEGINNING AT THE NORTHWEST CORNER WITH LANDS OF DAVIS DUNN IN THE RIGHT OF WAY OF SAID US HIGHWAY 411; THENCE IN A SOUTHWARD DIRECTION WITH SAID HIGHWAY 144 FEET, TO AN ESTABLISHED CORNER; THENCE IN AN EASTERLY DIRECTION 300 FEET TO A CORNER; THENCE IN A NORTHERN DIRECTION 144 FEET, TO A POINT IN LINE OF DAVIS DUNN LANDS; THENCE IN A WESTERN DIRECTION, 362 FEET, WITH LINE OF SAID DAVIS DUNN TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO JOEL CURTIS, UNMARRIED BY DEED DATED NOVEMBER 15, 2007, RECORDED IN BOOK WD254, PAGE 208, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 1120 HIGHWAY 411, OLD FORT, TN 37362.
MAP 108 PARCEL 074.00
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433.
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.
THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES: NONE OF RECORD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
This day, July 28, 2008. This is improved property known as 1120 HIGHWAY 411, OLD FORT, TN 37362.
J. PHILLIP JONES Substitute Trustee
J. PHILLIP JONES, SUBSTITUTE TRUSTEE
SUITE C-205, NASHVILLE HOUSE
ONE VANTAGE WAY
NASHVILLE, TN 37228
(615) 254-4430
To be ran: 7/30/08, 8/06/08, 8/13/08
TRUSTEE'S SALE
WHEREAS, by Trust Deed dated the 30TH day of June, 1999 JAMES CARROLL and wife, BRENDA CARROLL did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed to BENTON BANKING COMPANY by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 240, page 291;
WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and
WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclose said Trust Deed.
NOW, THEREFORE, by virtue of the authority in me vested as Trustee under the terms of said instrument, I, the undersigned, will on the 21st day of August, 2008, at 10:30 o'clock A.M., in front of the West Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:
BEGINNING at a stake in the Benton-Parksville Road at the extreme Southeast corner of the one and one-half acre of land owned by J.D. Woody; thence Westward with the Woody-Shelton line, 140 feet to a stake in the Woody-Shelton line; thence Northwardly and parallel with the right of way of the Benton-Parksville Road, 70 feet to a stake; thence Eastward and parallel with the Woody-Shelton line, 140 feet to the right of way of the Benton-Parksville Road; thence Southward with the right of way of the Benton-Parksville Road, 70 feet to the beginning.
Being the real estate conveyed to James Carroll and wife, Brenda Carroll by deed of record in DB 210, page 9, ROPCT.
Being Tax Map No. 55 Parcel 7.00
The street address is believed to be 1401 Welcome Valley Road, Benton, TN 37307.
OTHER INTERESTED PARTY(IES): None of record.
The title to said real estate is believed good, but I will convey as Trustee only and subject to any unpaid taxes.
This sale is subject to all matters shown on 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.
The sale held pursuant to this Notice may be rescinded at the Trustee/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.
WITNESS my hand this 21stday of July, 2008.
DAVID S. HUMBERD
P.O. Box 957
Cleveland, TN 37364-0957
423-479-6141
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
To be Run on: 7/30/08; 8/6/08 and 8/13/08.