Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated FEBRUARY 11, 2003, executed by LORETTA COUCH AND MELVIN COUCH AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, TO TITLE INSURANCE COMPANY OF ATHENS, Trustee, of record in BOOK TD284, PAGE 479 AND CORRECTED BY SCRIVENER’S AFFIDAVIT RECORDED IN BOOK MS129 PAGE 112, in the Register's Office for POLK County, Tennessee and to J. PHILLIP JONES OR I. DYKE TATUM, EITHER OF WHOM MAY ACT, 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 NATIONAL CITY MORTGAGE CO. as provided in said Deed of Trust, I, J. PHILLIP JONES OR I. DYKE TATUM, EITHER OF WHOM MAY ACT, will by virtue of the power and authority vested in  me as  Substitute  Trustee, on THURSDAY SEPTEMBER 18, 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:

TO FIND THE POINT OF BEGINNING, COMMENCE AT A POINT IN THE SOUTH MARGIN OF KILLIAN ROAD, SAME BEING A COMMON CORNER WITH LANCLOS (D. BK. 219, PG. 665; D. BK. 217, PG. 600; D. BK. 214, PAGE 410; & D. BK. 207, PG. 281) AND THE WESTERN LINE OF A 50’ RIGHT-OF-WAY EASEMENT; THENCE WITH LANCLOS, ALONG THE WESTERN LINE OF SAID EASEMENT SOUTH 01 DEG. 49’ 21” WEST 376.13 FEET TO A POINT AND SOUTH 17 DEG. 24’ 38” EAST 160.0 FEET TO A POINT, A COMMON CORNER WITH STRICKLAND (D. BK. 220, PAGE 355); THENCE CONTINUING ALONG THE WESTERN LINE SAID EASEMENT WITH STRICKLAND, SOUTH 17 DEG. 24’ 38” EAST 190.22 FEET TO A SET IRON PIN, THIS BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERN LINE SAID EASEMENT, SOUTH 17 DEG. 24’ 38” EAST 10.00 FEET AND SOUTH 17 DEG. 24’ 39” EAST 100.0 FEET TO AN IRON PIN FOUND, A COMMON CORNER WITH WOODY (D BK. 218, PG. 504); THENCE WITH WOODY, SOUTH 58 DEG. 20’ 38” WEST 260.82 FEET TO A POINT; THENCE ALONG A SEVERANCE LINE WITH STRICKLAND, NORTH 31 DEG. 39’ 22” WEST 207.06 FEET TO AN IRON PIN SET AND NORTH 77 DEG. 31’ 10” EAST 310.0 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE SURVEY OF RICHMOND SURVEYING CO. 3005 MICHIGAN AVE. RD. NE, CLEVELAND, TN 37323, DATED 12/12/02.

THERE IS ALSO CONVEYED A PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-WAY EASEMENT INCLUDING THE RIGHT TO PLACE UTILITIES THEREUPON.  SAID 50’ RIGHT-OF-WAY HAVING AS ITS WESTERN LINE THE FOLLOWING DESCRIBED COURSE, BEGINNING AT AN IRON PIN IN THE SOUTH LINE OF KILLIAN ROAD AT THE NORTHEAST CORNER OF LANCLOS, BEING THE PROPERTY ACQUIRED IN DEED BOOK 214, PAGE 410; THENCE ALONG THE LINE OF LANCLOS, SOUTH 1 DEG. 49’ 21” WEST 376.13 FEET; THENCE SOUTH 17 DEG. 24’ 39” EAST, 360.26 FEET TO AN IRON PIN; THENCE SOUTH 14 DEG. 29’ 6” EAST 100.00 FEET TO THE NORTH LINE OF THE TRACT THIS DAY CONVEYED TO CARDEN.  SAID EASEMENT SHALL SERVE AS A PRIVATE ROAD AND IS NOT TO BE MAINTAINED BY POLK COUNTY, TENNESSEE, ADJOINING PROPERTY OWNERS, AS PART OF THE CONSIDERATION, AGREE TO SHARE PRO RATA IN THE MAINTENANCE OF SAID ROADWAY.

BEING THE SAME PROPERTY CONVEYED TO LORETTA COUCH AND MELVIN COUCH, WITH JOINT TENANCY WITH RIGHT OF SURVIVORSHIP BY DEED DATED DECEMBER 21, 2002, RECORDED IN BOOK WD224, PAGE 201, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 124 GAIL DRIVE (F/K/A 193 KILLIAN ROAD), OLD FORT, TN 37362.

MAP 096 PARCEL 07.21

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: BENEFICIAL, TENNESSEE, INC.; CACH, LLC; PHYSICIAN SERVICES OF CLEVELAND; BRADLEY MEMORIAL HOSPITAL

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED

WILL BE USED FOR THAT PURPOSE.

This day, August 24, 2008.  This is improved property known as 124 GAIL DRIVE (F/K/A 193 KILLIAN ROAD), OLD FORT, TN 37362.

J. PHILLIP JONES/I. DYKE TATUM Substitute Trustee

 J. PHILLIP JONES, ATTORNEY FOR SUBSTITUTE TRUSTEE

SUITE C-205, NASHVILLE HOUSE

ONE VANTAGE WAY

NASHVILLE, TN 37228

(615) 254-4430

TENNESSEE, POLK COUNTY

DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Martha Piasecki and William Piasecki to Arnold M. Weiss, Attorney, Trustee dated April 12, 2001 in the amount of $77,000.00, and recorded in the Register's Office of Polk County, Tennessee  in Deed Book 262, Page 224, (“Deed of Trust”); and, the beneficial interest of said Deed of Trust having been last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. sbm Bank One National Association as Trustee by assignment; and, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. sbm Bank One National Association as Trustee, 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 18, 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:

Tract One:

Beginning at an iron pin set in the Southwest line of the old road from Oak Grove School House to Old Williams Home Place at its intersection with the East line of James Maynors five acre tract; thence Southeast along the Southwest line of said 20-foot road to the center of a creek; thence Southwest along the center of said creek to the center of an old road bed; thence Southerly along the center of said old road bed thence Southerly along the center of said old road bed to the North line of Presswood; thence Westerly along the North line of Presswood to the East line of Adams marked by an existing fence; thence Northeasterly along the East line of Adams Tract II below, and Maynor to the beginning point.

There is also conveyed the right to use for ingress and egress an exiting roadway 20 feet in width leading from the Northwest corner of Tract herein conveyed Westerly along the North line of James T. Maynor to the East line of Oak Grove Road.

Tract Two:

Situated near Oak Grove Church, 2 acres, more or less, bounded on the North by line of James T, Maynor, 319 feet; on the East by line of Claude J. Maynor, 146 feet; on the South by line of J.D. Adams; 429 feet and on the west by Oak Grove Church property, 194 feet; and including 20 foot road right-of-way running East and West from present Oak Grove Road 137 feet to the Church property line and property of Claude J. Maynor.

Excepted from this conveyance is .96 acres sold to Billy Clayton in Deed Book 210, Page 541, ROPCT.

Subject to a 30 foot easement to Billy Clayton as described in Deed Book 210, Page 541, ROPCT.

Tract Three:

Beginning at an iron pin located in the centerline of an old road bed in the Northeast line of James R. Presswood, said pin marking the present Northeast line of Lowell P. Kirk and the Southwest line of James T. Maynor; thence along the centerline of said road bed, North 14 degrees 14 minutes West 83.8 feet; North 8 degrees 33 minutes East, 65.2 feet; North 31 degrees 21 minutes East 75.1 feet; North 11 degrees 6 minutes East, 73.5 feet; North 9 degrees 18 minutes West, 51.1 feet to a point located in the centerline of the creek; thence along the line of the creek, North 56 degrees 27 minutes East 54.1 feet; North 87 degrees 53 minutes East 28.4 feet to a point located in the centerline of another branch; thence along the line of said branch, South 23 degrees 29 minutes West, 53.8 feet; South 26 degrees 32 minutes West 55.1 feet South 6 degrees 6 minutes West 47.6 feet ; South 22 degrees 59 minutes West 99.4 feet; South 0 degrees 18 minutes West, 93.7 feet; thence South 16 degrees 15 minutes West, 16.5 feet; thence South 0 degrees 23 minutes West, 12.4 feet; South 53 degrees 21 minutes East 11.2 feet; South 2 degrees 15 minutes East, 11.8 feet to a point in the line of Presswood; and leaving the centerline of said creek, North 56 degrees 25 minutes West, 26.2 feet to the beginning point. A tract containing 0.27 acres and begin shown by survey of Paul Ronald Lingerfelt TRLS 4771 Sweetwater, TN.

Being the property conveyed to grantors by deed recorded in Deed Book 213, Page 195, ROPCT.

Map & Parcel No.: 036-088

PROPERTY ADDRESS:  150 Frazier Road, Benton, Tennessee 37307

CURRENT OWNER(S): William C. Piasecki and Matha Marie Piasecki

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. 08-09286 /CONV

Ad Run Dates: 8/27, 9/3, 9/10

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.

WHEREAS, by Trust Deed dated the 9th day of December, 2005 JASON L. WILCOX and wife, MARIA WILCOX 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 329, page 521;             

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 19th day of September, 2008, at 10:00 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 the intersection of the Northeast line of Mack Moss, with the West line of Old Church Road; thence Northwesterly along the line of Mack Moss, marked by an existing fence, 250 feet to a point; thence Northeasterly running parallel to Old Church Road, 65 feet to a point; thence Southeasterly running parallel to the line of Mack Moss, 250 feet to a point in the Northwest line of Old Church Road; thence Southwesterly along the line of Old Church Road, 65 feet, more or less to the beginning point.

Being the property conveyed to Jason L. Wilcox and wife, Maria Wilcox by deed of record in DB 241, page 441, ROPCT.

Being Tax Map No. 64 Parcel 75.02

The street address is believed to be 236 Shiloh Church Road, Ocoee, TN 37361.

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 15th day of August, 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.