BID NOTICE

Polk County Road Department will be accepting bids until 10:00 a.m. on September 9, 2008 at the following location: Benton Office, Polk County Road Department. At this time bids will be opened for Resurfacing 1.50 mi. on Delano Rd. from Hwy. 411 on to Delano Rd. Tack should be included in Asphalt Price.

All materials and workmanship must meet Tennessee Department of Transportation specifications. Field inspection will be conducted by Tennessee D.O.T. personnel. All bids must be submitted by licensed contractors on an approved bid form.

Polk County Road Department reserves the right to reject any/or all bids. For further information contact: Harold Hood, Superintendent, at 423-338-4177.

8/20, 8/27

Sale at public auction will be on September 10, 2008 at 10:00 a.m. local time, at the west door, Polk County Courthouse Benton, Tennessee pursuant to Deed of Trust executed by James Burris and Linda Burris, husband and wife to Nations Title Agency, Trustee, on April 12, 2004 at Book TD305, Page 41 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 under Pooling and Servicing Agreement dated as of August 1, 2004 Morgan Stanley ABS Capital I INC. Trust 2004-WMC2 Mortgage Pass-Through Certificates, Series 2004-WMC2

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, and being more particularly described as follows:

Beginning at an established corner at a point where the tract of land herein described corners with the land of Frady, Dunn and Darr, being the southwest corner of the land herein described, and beginning in the most northerly line of an apparent county road; and running thence in a northerly direction with the Darr line, 215 feet, to a corner; thence extending in a generally easterly direction on a line parallel with the apparent County Road, 210 feet, with a corner of other lands of Burris; thence in a generally southerly direction with the most western line of other lands of Burris on a line parallel with the Darr line, 215 feet, more or less, to the most northerly line of the apparent County Road, same being the north line of Frady; and running thence in a generally westerly direction, 210 feet, to the beginning.

Street Address: 171 Stafford Road, Old Fort, TN 37362

Current Owner(s) of Property: James Burris and wife, Linda Burris

Other interested parties: Beneficial Tennessee Inc

The street address of the above-described property is believed to be 171 Stafford Road, Old Fort, TN 37362, 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.

SALE IS SUBJECT TO ANY INTEREST THAT MAY EXIST IN UNRELEASED PRIOR DEED OF TRUST OF RECORD AT BOOK 123, PAGE 517 IN THE REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE.

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: AUGUST 20, 27 & SEPTEMBER 3, 2008

File No. 08-005973

TENNESSEE, POLK COUNTY

DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Cynthia Diane Crowe and Marjorie Hughes to Homeowners Title & Escrow LLC, Trustee dated December 21, 2001 in the amount of $122,700.00, and recorded in the Register's Office of Polk County, Tennessee  in Deed Book 268, Page 253, (“Deed of Trust”); and, the beneficial interest of said Deed of Trust having been last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; and, Mortgage Electronic Registration Systems, Inc., as the current owner and holder of said Deed of Trust (the “Owner and Holder”), has appointed as Substitute Trustee the undersigned, Patrick A. Taggart, Laura A. Grifka, Frank R. Olson, Sidney A. Gelernter, or J. Michael Dugan, any of whom may act, 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; therefore,

NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and the undersigned as Substitute Trustee, or a duly appointed attorneys or agents, by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, September 11, 2008 commencing at 3:00 PM at the front steps on Ocoee Street of the Polk County Courthouse, Benton, Tennessee; sell  to the highest bidder for cash, the following property to-wit:

The land referred to in this commitment is described as follows:

Located in the Third Civil District, Polk County, Tennessee:

Being a certain tract or parcel of land in the Third Civil District of Polk County, Tennessee, described as follows: Being the Old Seventy District, fractional township three, South range five, East of the Basis Line, Ocoee District, Polk County,

Tennessee, being Twenty-Two (22) Acres, more or less, on the Northwest Portion of the Southwest quarter of Section Twenty-Three (23) and described as follows: beginning at an Oak Tree on the North line of above named quarter section, running South to a Pine Tree which is located on the Old Stansbury Road; thence West with the Old Stansbury Road to the Northwest corner of said quarter section; thence Northeast with the Tennessee Copper Company line to the beginning corner.

There is hereby excepted the following described property, to-wit: Beginning at a concrete post corner being the corner of Clemoth Hughes and Ted Cavender and running in a Westerly direction to an iron post the quarter section line and Tennessee Copper Companys Line; thence a Southerly direction with a quarter section line and Tennessee Copper Company line to an iron stake corner at the Reese line; thence in a Northerly direction with Old Stansbury Road to beginning corner; containing 10 acres, more or less; and being the same property conveyed by Instrument recorded in Book 71, Page 242-44, in the Office of the Register of Deed Polk County, Tennessee.

Less and except an area 100 feet square which has located thereon the Old House. Said tract is measured 50 feet East of the front porch and 35 feet from the North side of said house, said lines to be parallel.

Less and except that portion conveyed to Ronald J. Hughes ET UX by deed recorded in Deed Book 103, Page 366, in the Registers Office of Polk County, Tennessee.

Being the same property conveyed to Cynthia Diane Crowe, formerly known as Cynthia Diane Hughes Davis and husband, Robert Bret Crowe creating an estate by the entireties by Quitclaim deed of record from Cynthia Diane Crowe, formerly known as Cynthia Diane Hughes Davis, dated November 13, 1995, recorded November 29, 1995 in Book 184,

Page 76, in the Registers Office of Polk County, Tennessee. Legal description taken from Book 239, Page 664, said Registers Office.

Subject to any governmental zoning and subdivision ordinances or regulations in effect thereon.

Subject to any existing easements, restrictions, or right of ways shown on said plat, if any.

Map & Parcel No.: 094 036.00

PROPERTY ADDRESS:  1894 Stansbury Mountain Lane, Turtletown, Tennessee 37391

CURRENT OWNER(S): Cynthia D. Crowe

SUBORDINATE LIENHOLDERS: N/A

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, however, 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.

If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce 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, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433.

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.  

Substitute Trustee reserves the right 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.  

Patrick A. Taggart, Laura A. Grifka, Frank R. Olson, Sidney A. Gelernter, or J. Michael Dugan

McCurdy & Candler, L.L.C.

(404) 373-1612

www.mccurdycandler.com

File No. 08-16934 /FNMA

Ad Run Dates: 08/20, 08/27, 09/03

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.

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

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

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

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