TRUSTEE'S SALE
WHEREAS, by Deed of Trust dated the 11th day of March, 1999, of record in Book 237, Page 422, in the Register's Office for Bradley County, Tennessee, MARY DUNN STEELS and husband DALE MARTIN STEELS and IMOGENE D. WILCOX (formerly IMOGENE DUNN) and husband, JUNIOR E. WILCOX (the "Grantors”) conveyed to Larry D. Hasham, Trustee, the hereinafter described real estate to secure the payment of Grantors’ Promissory Note described therein owing to First Tennessee Bank National Association (the “Bank”); and
WHEREAS, on the 25th day of September, 2008, GORDON D. FOSTER was appointed Successor Trustee of said Deed of Trust by the Bank, said Appointment being recorded in the aforesaid Register's Office; and
WHEREAS, default has been made in the payment of said indebtedness, and the Bank has directed me to foreclose said Deed of Trust in accordance with the terms thereof and to sell said real estate.
NOW, THEREFORE, by virtue of the authority vested in me by said Deed of Trust, I will offer to sell and sale the following described property AT PUBLIC AUCTION on the 22nd day of October, 2008, at the hour of 10:00 a.m. local time, at the Polk County Courthouse Benton, Tennessee to the last, highest and best bidder FOR CASH (on such terms as announced at sale), SUBJECT, HOWEVER, TO SUCH PRIOR ENCUMBRANCES, EASEMENTS, LEASES, OBJECTIONS, CONDITIONS, RESTRICTIONS, OUT-CONVEYANCES, AD VALOREM TAXES (current and delinquent), and PRIORITY TAX LIENS (IF ANY) AS MAY APPEAR OF RECORD, the following described real estate (the “Real Property”):
BEGINNING at an iron pin located in the Northeast line of Highway 30 at its intersection with the Southwest line of Noah King; thence Northwesterly along the line of King and U.S. Forest Service to a painted corner at the intersection of the Southwest line and the Southeast line of the U.S. Forest Service, thence Southwesterly along the line of the U.S. Forest Service, which line meanders to its intersection with the Northern line of the property of U.S. Forest Service to the Northwest line of U.S. Highway 30; thence Northeasterly containing 40 acres, more or less.
Being the same real estate conveyed to Robert Dunn in Deed Book 25, page 158, in the Register’s Office, Polk County, Tennessee. Robert Dunn died leaving as his sole and only heirs, Julius C. Dunn and Oma Boring. Oma Boring conveyed her entire interest in said real estate to Julius C. Dunn by Deed recorded in Deed Book 48, page 494A, ROPCT. Julius C. Dunn died intestate on May 16, 1972, leaving Imogene Dunn, his widow (now Imogene D. Wilcox) and Mary Dunn, his daughter (now Mary Dunn Steels) as his sole heirs.
SUBJECT to any and all governmental zoning and subdivision ordinances and/or regulations in effect thereon.
Tax Map No. 038-006.00
Said property bears the street address of RT, Box 3A, Reliance, TN 37369, but the street address is not part of the legal description of the foreclosing instrument. In the event of a discrepancy between the street address and the legal description, the legal description of the Deed of Trust shall control
The Real Property and improvements thereon, if any, will be sold AS IS WHERE IS without warranties or representations of any kind. The aforesaid sale may be postponed to a later date by oral announcement at the time and place of the published sale or cancelled without further written notice or publication.
I reserve the right to take or accept the next highest or best bid at such sale should the last and highest bidder fail or refuse to comply with the terms of sale for any reason. In such event, I shall also reserve the right to reopen the bidding or republish and sell said Real Property at my option. The Beneficiary may become the purchaser at the sale.
The Successor Trustee reserves the right to conduct the sale by or through his agents or attorneys acting in his place or stead, including the use of an auctioneer. OTHER INTERESTED PARTIES: None disclosed by search of record. Witness my hand this 25th day of September, 2008.
Gordon D. Foster, Successor Trustee
Winchester, Sellers, Foster & Steele, P.C.
Suite 1000, First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
My File No. 1202.0815
Email: foreclosureinfo@wsfs-law.com
PUBLISH DATES: Oct. 1, Oct. 8, Oct. 15, 2008
TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated June 8, 2007, and the Deed of Trust of even date securing the same, recorded June 12, 2007, at Book TD359, Page 335 in Office of the Register of Deeds for Polk County, Tennessee, executed by Cynthia J. Davis, conveying certain property therein described to George N. McCoin as Trustee for United Community Mortgage Services, Inc.; 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 October 27, 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 a point where the southeast line of Old Charleston River Road (Upper River Road) intersects the southwest line of a county road tat lands southeastwardly to River Side Drive; thence with said line of said county road south 57 deg. 15 min. east, 271.7 feet to a point in the northwest line of the railroad right-of-way; thence along said railroad right-of-way; south 36 deg. 56 min., west, 593.4 feet to a point; thence north 67 deg. 05 min. west, 237.6 feet to an iron pin found in the southeast line of Old Charleston River Road (Upper River Road); thence along said line of said Road, north 28 deg. 38 min. east (erroneously referred to as west in the deed of acquisition, 228.5 feet and north 35 deg. 53 min. east, 405.1 feet to the point of beginning, as shown by survey of Richmond Surveying Co., TRLS #9 7, dated 4-11-95.
For prior title see warranty deed from Richard E. Butler and wife, Carol A. Butler to Christopher D. Goins and wife, Heather L. Goins as recorded April 18, 2003 in book 227, page 14, register's office of Polk County, Tennessee. See also warranty deed to Cynthia J. Davis, unmarried, as recorded in book _, page _ Register's office of Bradley County, Tennessee.
Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
Subject to restrictions as recorded in misc. book 37, page 290, in the register's office of Polk County, Tennessee.
Subject to right-of-ways, easements, conditions, restrictions, limitations and notations as shown on plat of Forest Hills, Plat Book 2, page 127 in the Register's office of Polk County, Tennessee.
Subject to rail road right-of-way.
ALSO KNOWN AS: 4953 Upper River Road Northeast, Charleston, Tennessee 37310
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: Cynthia J. Davis
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. 700-143304
DATED September 19, 2008.
WILSON & ASSOCIATES, P.L.L.C., Successor Trustee
Insertion Dates: October 1, October 8, October 15, 2008