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PUBLIC NOTICES - 11/5/08
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2008
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BID NOTICE


You are invited to bid on a general contract, including all mechanical and electrical work, for construction described in general as follows:

Re-roof 6,200 square feet of the existing Polk County Courthouse. Remove portions of existing roof decking provide new roofing, new mechanical curbs and flashing, as shown on proposed Contract Documents dated November 5, 208.

The Owner will receive sealed proposals from bidders until 2:00 P.M. EST on Thursday December 11, 2008, at the Polk County Courthouse, Benton, Tennessee. Proposals received after that time will not be accepted. All interested parties are invited to attend. Proposals will be opened publicly and read aloud.

A pre-bid conference will be held Thursday, November 20, 2008 at 2:00 P.M., EST at the courthouse Benton, Tennessee.

The proposed Contract Documents may be examined at the following locations:

Plan Room

F.W. Dodge

622 Leroy Avenue

Knoxville, TN 37921

TEL: 865-673-9042

FAX: 865-673-9771


Builders Exchange of Tennessee

PO Box 226, Knoxville, TN 37901

Office Addresss:

300 Clark Street, Knoxville, TN 37921

TEL: (865) 525-0443

FAX: (856) 525-6606


Plans can be ordered from: J. Mark Rodgers, Architect 931-525-3587

Bid security in the amount of 5% of the base bid will be required to accompany bids.

The Owner reserves the right to reject any or all bids and to waive irregularity in bidding.

Bidders submitting bids equal to or greater than $25,000 in value are required to be licensed in accordance with state law.

In accordance with ADA (American with Disabilities Act), any disabled persons requiring accommodations for participating in the meeting should contact the County Mayor’s Office at (423) 338-4529 at least two working days prior to the meeting in order that appropriate accommodations can be made.

Bid deposit is $200.00 non-refundable which includes two sets of plans and a single set of specifications.

TRUSTEE'S SALE


WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 4, 2006, and the Deed of Trust of even date securing the same, recorded August 9, 2006, at Book TD340, Page 329 in Office of the Register of Deeds for Polk County, Tennessee, executed by Ellar D. Brown, conveying certain property therein described to Warranty Title as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for HSBC Mortgage Corporation (USA) and HSBC Mortgage Corporation (USA)'s successors and assigns; 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 December 1, 2008 on or about 10:00 A.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:

Situated in the First Civil District of Polk County, Tennessee, to wit:  Beginning at a fixed point in the Northern right of way of Easley Ford Road, siad point being located 183 feet in a westerly dirction along said Northern right of way from a common corner of the Grantors' property with Williams; thence in a westerly direction with the Northern right of way of Easley Ford Road, 125 feet to a fixed point; thence in a northerly direction 175 feet to a fixed point; thence in a easterly direction 125 feet to a fixed point; thence in a southerly direction 175 feet to a point the place of beginning.  Property commmonly known as:  1467 Hoanerges Church Road, Oldfort, Hamilton County, Tennessee.  Being all of the same property conveyed to Dustie D. Kersey, unmarried by Warranty Deed from Connie Sue Bolden and husband David Bolden dated February 29, 2000, of record in Book 212, page 601, Register's Office for Polk County, Tennessee.

ALSO KNOWN AS:  1467 Boanerges Church Road, Old Fort, Tennessee 37362

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:  Ellar D. Brown

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. 717-148757

DATED October 30, 2008.


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

Successor Trustee

Insertion Dates: November 5, November 12, November 19, 2008

 


TRUSTEE'S SALE


Sale at public auction will be on December 4, 2008 at 2:00 PM Eastern Standard Time, at the west door, Polk County Courthouse Benton, Tennessee pursuant to Deed of Trust executed by Aaron Ray Parker and Yvette Marie Parker to Secure Title, Trustee, on April 9, 2004 at Book 304, Page 52 and conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register's Office.

Owner of Debt: First Horizon Home Loans, a division of First Tennessee Bank National Association

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 Civil District of Polk County, Tennessee, more particularly described as follows:

TractOne(1):

To find the point of beginning, Begin at a point in the Western line of State Route 314, said point also being the most Southern corner of the Willie R. Parker property described in Deed Book 69, Page 104, in the Register's Office of Polk County Tennessee; thence along the Southern line of the Parker property, North 62 degrees 50 minutes 9 seconds West 279.67 feet to an iron rod, said iron rod being the Southwest corner of the Parker property and the Southeast corner of the Willie R. Parker, Jr. property as described in Deed Book 86, Page 268, in said Register's Office; thence along the Southern line of the Willie R. Parker, Jr. property, North 62 degrees 50 minutes 09 seconds West 510.00 feet to the point of beginning, said point being the Northeast corner the property herein conveyed; thence South 27 degrees 17 minutes West, 200.0 feet to a point, said point being the Southeast corner of the property herein conveyed; thence North 62 degrees 50 minutes West 200.1 feet to a point; thence North 62 degrees 58 minutes West 482.8 feet to a point, said point being the Southwest corner of the property herein conveyed; thence North 22 degrees 05 minutes East 200.7 feet to a point, said point being the Northwest corner of the property herein conveyed; thence South 62 degrees 58 minutes East 500.3 feet to a point, said point being the Southwest corner of the property conveyed to Parker as described in Deed Book 96, Page 69, in said Register's Office; thence along Parker's Southern line South 62 degrees 50 minutes East 200.7 feet to the point of beginning.

TractTwo(2):

To find the point of beginning begin at a point in the Western line of State Route 314, said point also being the most Southern corner of Willie R. Parker property described in Deed Book 69, Page 104, in the Register's Office of Polk County, Tennessee; thence along the Southern line of the Parker property, North 62 degrees 50 minutes 9 seconds West 279.67 feet to an iron rod, said iron rod being the Southwest corner of the Parker property and the Southeast corner of the Willie R. Parker, Jr. property as described in Deed Book 86, Page 268, in said Register's Office; thence along the Southern line of the Willie R. Parker, Jr. property, North 62 degrees 50 minutes 9 seconds West 510 feet to a point, said point being the Southeast corner of the Willie R. Parker property described in Deed Book 96, Page 69, in said Register's Office; thence along Parker's Southern line North 62 degrees 50 minutes West 200.7 feet to a point, said point being the Southwest corner of the Parker property as described in Deed Book 96, Page 69; thence along the Southern line of the Parker property as described in Deed Book 67, Page 9, in the said Register's Office, North 62 degrees 58 minutes West 298.2 feet to the point of beginning, said point of beginning being the Southeast corner of the property herein conveyed; thence North 62 degrees 58 minutes West 202.1 feet to a point, said point being the Southwest corner of the property herein conveyed; thence North 22 degrees 05 minutes East 365.8 feet to a point, said point being the Northwest corner of the property herein conveyed; thence South 62 degrees 55 minutes East 233.6 feet to a point, said point being the Northeast corner of the property herein conveyed; thence South 27 degrees 02 minutes West 364.2 feet to the point of beginning.

Subject to a 20 foot non exclusive perpetual easement known as Parker Lane, for ingress and egress of which the center line of said 20 foot easement is more particularly described in Deed Book 212, page 116, in the said Register's Office.

Street Address: 137 Parker Road, Benton, TN 37307

Current Owner(s) of Property: Aaron Parker and Yvette Parker

Other interested parties: First Tennessee Bank National Association and First Tennessee Bank, N.A.

The street address of the above described property is believed to be 137 Parker Road, 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.

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: NOVEMBER 05, 12 AND 19, 2008

File No. 08-008848


PUBLIC NOTICE


Under the provisions of Section 57-205, Tennessee Code annotated, as amended, effective May 1, 1972: William F. Bare, 5000 Hwy. 64 Copperhill, TN 37317 on 10-27-08 filed an application to the Polk County Beer Board Commission for a license to sell beer at the location: 1431 Hwy. 68 Copperhill, TN 37317 Map #115 Parcel #26.02 To Be Known As: The Beer Mart. Application is for On Premises Sales.

The Polk County Beer Board Commission will meet at 6:00 p.m. on the 2nd day of December, 2008 in the Ducktown Courthouse, Ducktown, Tennessee at which time the above application will be considered.


Angie Sanford, County Clerk

SUBSTITUTE TRUSTEE'S SALE

      

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated JUNE 20, 2006, executed by JOHN CODY EAVES, A SINGLE MAN, TO EQUITITLE, INC., Trustee, of record in BOOK TD 338, PAGE 35, 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 U.S. BANK, N.A., N.D 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 MONDAY NOVEMBER 24, 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-WIT:

BEGINNING AT A STAKE MARKER IN THE NORTH LINE OF ELB BATES LOCATED NORTH 66 DEGREES 30 MINUTES WEST, 283 FEET FROM THE WEST LINE OF THE BENTON-WETMORE PIKE AND RUNNING THENCE NORTH 66 DEGREES 30 MINUTES WEST ALONG THE NORTH LINE OF ELB BATES, 382.6 FEET TO A STAKE MARKER; THENCE NORTH 33 DEGREES 20 MINUTES EAST, 593.2 FEET TO AN ESTABLISHED MARKER; THENCE SOUTH 62 DEGREES 49 MINUTE EAST, 379.2 FEET TO AN ESTABLISHED CORNER; THENCE SOUTH 33 DEGREES 20 MINUTES WEST, 568.5 FEET TO THE POINT OF BEGINNING.

BOUNDED ON THE NORTH, EAST, AND WEST BY OTHER LAND OF CHARLES EAVES, AND ON THE SOUTH BY ELB BATES.

THERE IS ALSO CONVEYED HEREWITH AN EASEMENT FOR RIGHT OF WAY PURPOSES, A STRIP OF LAND, 20 FEET WIDE, COMMENCING AT THE NORTHWEST CORNER OF THE HEREIN CONVEYED TRACT AND RUNNING THENCE SOUTH 62 DEGREES 49 MINUTES EAST ALONG THE NORTH LINE OF THE HEREIN CONVEYED TRACT, 379.2 FEET TO THE NORTHEAST CORNER OF SAID TRACT, AND THENCE EXTENDING ON SOUTH 62 DEGREES 49 MINUTES EAST, 293.1 FEET TO A POINT; THENCE SOUTH 49 DEGREES 50 MINUTES EAST, 44 FEET TO THE WEST OF BENTON-WETMORE PIKE.

LESS AND EXCEPT SELL-OFFS IN BOOK 188, PAGE 158 AND ALSO IN BOOK 188, PAGE 316, IN SAID REGISTER’S OFFICE.

BEING THE SAME PROPERTY CONVEYED TO JOHN CODY EAVES, UNMARRIED BY DEED DATED JUNE 20, 2006 OF RECORD IN BOOK WD245, PAGE 172 IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 200 CHARLES EAVES LANE BENTON, TN 37307.

MAP 035 PARCEL 016.04

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, October 22, 2008.  This is improved property known as 200 CHARLES EAVES LANE BENTON, TN 37307.


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


NOTICE TO CREDITORS


In The Chancery Court of Polk County, Tennessee Probate Division


ESTATE OF KENNETH E. TRIPLETT, (DECEASED)


Notice is hereby given that on the 16th by of October, 2008, Letters Testamentary in respect to the Estate of Kenneth E. Triplett, deceased, (date of death 07/17/2008) 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 this estate are required to file the same with the Clerk of the above named Court within four (4) months from the date of the first publication (or posting, as the case may be) of this Notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.


Dated this 16th day of October, 2008.


William Triplett, Personal Representative of the Estate of Kenneth E. Triplett, Deceased


Attorney: Burns & Henry, P.C.

Travis D. Henry

175 Spring Street NW

Cleveland, TN 37311

423.339.0529


To be ran: 10/29, 11/5


SUCCESSOR TRUSTEE’S SALE


WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on November 15, 2004, by TARA STEPHENS f/k/a TARA TRAMMEL to Kevin T. Clayton, Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee, at Book TD313, Page 190, (“Deed of Trust”); and

WHEREAS, the beneficial interest of said Deed of Trust is held by Vanderbilt Mortgage and Finance, Inc.;

WHEREAS, Vanderbilt Mortgage and Finance, Inc., the current owner and holder of said Deed of Trust appointed Anthony R. Steele as Successor 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 indebtedness has been declared due and payable as provided in the Deed of Trust and that the Successor Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him will on November 21, 2008, at 10:00 local time, at the steps of the main entrance of the Courthouse in Benton, Polk County, Tennessee, proceed to offer for sale and sell at public outcry to the highest and best bidder for cash or on such terms as may be announced at the sale, the following described property:

IN THE THIRD CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:

BEGINNING at the corner common of Charles and Sandra Hedden and Kenneth Howard and running in a Westerly direction along Hidden Circle Road approximately 240 Feet to the corner common to Jeremy and April Hedden; thence in a Southerly direction approximately a distance of 105 feet to the corner common to Jeremy and April Hedden and Jim Collins; thence in an Easterly direction approximately 240 Feet along the borders common to Grassy Creek and Jim Collins and Charles and Sandra Hedden to the point of beginning, as shown on drawing prepared by Charles Hedden and wife, Sandra Hedden.  Said drawing being incorporated as Page 2 of the Warranty Deed of record in Deed Book 234, on Page 320, in the Register’s Office of Polk County, Tennessee.  Prior title reference is to Deed of record in Deed Book 86, on Page 111, in the said Register’s Office.  This being a portion of the same property described in the Deed of record in Deed Book 86, page 111, in the said Register’s Office.

TOGETHER WITH and SUBJECT TO the non-exclusive right of ingress, egress and Utility Service along existing roads to the subject property.

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

Subject to existing easements, and right-of-way for public roads and utilities, if any.

Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations, if any.

BEING the same property conveyed to Tara Stephens formerly known as Tara Trammel from Kevin Trammel by Quitclaim Deed dated November 12, 2004, and recorded in Book WD235, Page 54, in the Register’s Office for Polk County, Tennessee.

Tax Map Identification No.: 125-044.04.

Property Address:  107 Hidden Bluff Circle, Copperhill, Polk County, TN (However, property description shall control in the event of any inconsistencies between description and address or tax identification).

The sale of the described property shall be subject to all matters shown on any recorded plan; any unpaid taxes, any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances, if any, as well as any other priority as may appear in the public records or as may be disclosed by an accurate survey of the property.

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 Successor Trustee.

The right is preserved 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 PURPOSE OF THIS COMMUNICATION IS TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED AS A RESULT WILL BE USED FOR THAT EXPRESS PURPOSE ONLY.  THIS COMMUNICATION IS FROM A DEBT COLLECTOR.


This the 20th day of October, 2008.


Anthony R. Steele, Successor Trustee


Winchester, Sellers, Foster & Steele, P.C.

P.O. Box 2428

Knoxville, TN 37901

(865) 637-1980


Publication Dates: October 29, November 5 and 12,    2008

               


NOTICE OF FORECLOSURE SALE

Laura M. J. Rivers (the “Borrower”) conveyed to BB&T Collateral Service Corporation, a Tennessee corporation, as Trustee real property in Polk County, Tennessee by Tennessee Deed of Trust, Security Agreement and Fixtures Filing dated as of August 7, 2007, recorded August 15, 2007 in Book TD364, page 105 in the Register’s Office of Polk County, Tennessee to secure payment and performance of the debts and obligations described in the Deed of Trust (the “Deed of Trust”). 

Branch Banking and Trust Company (the “Bank”) is the owner and holder of the debts and obligations secured by and the beneficiary of the Deed of Trust.

By instrument recorded in Book MS129, page 118 in said Register’s Office, the Bank, as such owner, holder and beneficiary, appointed Richard B. Gossett as Substitute Trustee.

Default has been made in the payment of debts and obligations secured by the Deed of Trust.  The Bank, as owner and holder of the debts and obligations secured by the Deed of Trust, has declared the entire balance due and payable and has instructed the Substitute Trustee to foreclose the Deed of Trust in accordance with its terms and provisions.

NOW, THEREFORE, the Substitute Trustee, on Monday, November 24, 2008, commencing at 11:30 a.m. at the main entrance of the Polk County Courthouse in Benton, Tennessee, will offer for sale and sell at public auction to the highest and best bidder for cash the property therein conveyed, known as 153 Creek Bend Road, Turtletown, Tennessee 37391, and described as follows: A certain tract or parcel of land situated in the Third Civil District of Polk County, Tennessee and being more particularly described as follows:  Hydrocarbon estate, gas and oil rights and right of ingress and egress heretofore reserved by Cities Service Company as described in Deed Book 108, pages 287-329 in the Office of the Register of Deeds of Polk County, Tennessee.A certain tract or parcel of land situated in Section 5, Fractional Township 3, South Range, East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, being located off Highway 68, the Turtle Creek Acres Subdivision and being located on Creek Bend Road and being more particularly described as follows: BEGINNING at a point located at the intersection of the centerline of Turtletown Creek and the East right of way of Creek Bend Road, said right of way being 50 feet in total width; said point of beginning being the Southwest corner of the property herein described; from said point of beginning leaving centerline of said creek and along and with said right of way the following 4 calls and distances: North 30°07’20” West a distance of 174.45 feet to an iron pin; thence in a right hand curve a distance of 157.39 feet subtended by a chord North 02°58’17” East a distance of 153.13 feet, radius equals 195.44 feet to an iron pin; thence continuing in a right hand curve a distance of 40.00 feet subtended by a chord North 32°02’12” East a distance of 39.93 feet radius equals 194.55 feet; thence North 33°11’37” East a distance of 99.14 feet to an iron pin; thence leaving said right of way South 83°02’14” East a distance of 533.0 feet to an iron pin and corner common to the Northeast corner of the property herein conveyed and the Tennessee Chemical Company property; thence along and with said Tennessee Chemical Company property line South 26°58’14” West a distance of 478.60 feet to a point in the center of the aforementioned Turtletown Creek; thence along and with said centerline the following 3 calls and distances: North 88°15’00” West a distance of 222.70 feet; thence South 88°32’42” West a distance of 78.32 feet; thence South 59°04’37” West a distance of 33.41 feet to the point of beginning, containing 4.51 acres, more or less as shown as Lots 13, 14 and 15 on plat of survey by Lane S. Bishop, Registered Land Surveyor Tennessee No. 1324, said plat recorded in Plat Book 4, page 15 in the Office of the Register of Deeds, Polk County, Tennessee, said recorded plat hereby incorporated by reference.  Bounded on the East by property now or formerly belonging to Tennessee Chemical Company, on the South by centerline of Turtletown Creek, and on the West by right of way of Creek Bend Road.  SUBJECT to 60 foot utility easement along interior road right of way as shown on aforementioned recorded survey plat.  SUBJECT to setback lines, 35 feet along roads, 10 feet along side property line, and 15 feet along rear property lines, as described on aforementioned survey plat.  SUBJECT to existing easements and rights of way for public roads, if any.  SUBJECT TO Polk County, Tennessee subdivision regulations, and being approved by the Polk County Health Department for a specific number of bedrooms, the Polk County Health Department to be contacted before grading.

The sale shall be 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 the Deed of Trust, but subject to the following:  (a) unpaid taxes against the property; (b) recorded easements, restrictions, conditions, covenants, rights-of-way or subdivision plats affecting the property; (c) dedication of roads affecting the property and applicable governmental zoning and subdivision ordinances and regulations, (d) prior or superior liens, judgments, deeds of trust or other interests of record; and (e) matters that an accurate survey of the property might disclose.

Notice has been given pursuant to the provisions of 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, and T.C.A. §§ 50-7-404(i)(2)(B) and 67-1-1433(b)(2) and Rule 1320-2-1-.35, if applicable.

The Property Is To Be Sold Without Covenants Or Warranties, Whether Express Or Implied, Including Without Limitation, Warranties Of Merchantability Or Fitness For A Particular Use Or Purpose.

The following item, recorded in said Register’s Office, may be adversely affected by the foreclosure sale:  None.

Substitute Trustee, at his sole discretion, at the time and place appointed above for the sale, to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances, reserves the right to do any or all of the following:

1.  Postpone the sale of all or any portion of the property by public announcement at such time and place of sale, and from time to time thereafter postpone such sale by public announcement at the time fixed by the preceding postponement or subsequently noticed sale, and, without further notice, make such sale at the time and place fixed by the last postponement, or in his discretion, give a new notice of sale.

2.  Appoint an agent to sell the property in accordance with the power of sale contained in the Deed of Trust and to take other action which the Substitute Trustee may take thereunder.

3.  Elect to delay the sale for a reasonable time during regular business hours on the same day to be continued at the same place at the announced time in order to enable any bonafide bidder to determine and submit a bid, so long as no potential purchaser is thereby precluded from placing a bid.

4.  Elect to sell the property in any other manner or manners as may accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances.

The failure of the high bidder to close this sale shall be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is capable and willing to comply with the terms thereof.  The proceeds of the sale will be applied as provided in the Deed of Trust.


/s/ Richard B. Gossett, 633 Chestnut Street, Suite 1800, Chattanooga, Tennessee 37450, (423) 756-2010.

Publication: October 29, November 5, and November 12, 2008.


SUBSTITUTE TRUSTEE’S SALE


WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated December 18, 2007, executed by DARRELL D KYKER AND REBECCA S KYKER, HUSBAND AND WIFE, conveying certain real property therein described to ROBBIE L MCLEAN as same appears of record in the Register's Office of Polk County, on February 26, 2008, as Instrument No. 08000584, in Book TD374, at Page 308; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. who is now the owner of said debt; and

WHEREAS, the undersigned, RECONTRUST COMPANY, having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Polk County, Tennessee.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 19, 2008, 1:00 PM at the Polk County courthouse door where the foreclosure sales are customarily held at the Polk Courthouse, located in Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Polk County, Tennessee, to wit: 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:

BEING part of Tract One of the Rohrmoser Property being shown by Plat of record in Plat Book 8, Page 15, in the Register’s Office of Polk County, Tennessee, more particularly described as BEGINNING at an iron pin located in the Southeast line of Thomas Road as it intersection with the Northeast line of Ocoee River Landing Subdivision; thence along the line of Thomas Road, North 31 degrees 42 minutes 0 seconds East, 100.00 feet to an iron pin; thence leaving the line of said rod, South 78 degrees 16 minutes 21 seconds East, 279.71 feet; thence North 78 degrees 6 minutes 47 seconds East, 10.00 feet; thence South 35 degrees 26 minutes West, 199.8 feet; thence North 58 degrees 59 minutes 19 seconds West, 256.64 feet to the beginning point. Parcel ID# 045H-A-001.01 PROPERTY ADDRESS: The street address of the property is believed to be 330 THOMAS ROAD, BENTON, TN 37307. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.

CURRENT OWNER(S): DARRELL D KYKER OTHER INTERESTED PARTIES: REBECCA S KYKER

The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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.

This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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.

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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.


RECONTRUST COMPANY IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


RECONTRUST COMPANY, Substitute Trustee 2380 Performance Dr, RGV-D7-450 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (805) 553-6392 TS#:08-0105223 FEI# 1006.39676 1

Insertion Dates: 10/29,11/05,11/12/2008


TRUSTEE'S SALE


WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 25, 2006, and the Deed of Trust of even date securing the same, recorded September 1, 2006, at Book TD342, Page 163 in Office of the Register of Deeds for Polk County, Tennessee, executed by Ricky Lee Wooten and Tracy Lynn Wooten, conveying certain property therein described to Equititle as Trustee for American Acceptance Mortgage, 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 November 24, 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 on the Southwest corner of the Blue Goose property, in the North line of Ladd Springs Road, which point is 413 feet South of the right-of-way of Highway 411, and running thence in a Northerly direction with the West line of the Blue Goose property, 140 feet; thence extending back in a Westerly direction between parallel lines, 150 feet to the East line of the land of Bivens. Being the same property conveyed to Ricky Lee Wooten and wife, Tracy Lynn Wooten by Deed from Velma Sue Cartwright and husband, Henry Edward Cartwright, dated 08/13/94 and recorded in Book 174, Page 144 in the Register’s Office of Polk County, Tennessee.  M/P 108-40.00 Commonly known as:  4699 Ladd Springs Road, Old Fort, TN 37362

ALSO KNOWN AS:  4699 Ladd Springs Road, Oldfort, Tennessee 37362

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:  Ricky Lee Wooten; Tracy Lynn Wooten

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. 817-148652


DATED October 23, 2008.


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

Successor Trustee

Insertion Dates: October 29, November 5, November 12, 2008

 


TRUSTEE'S SALE


WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated May 30, 2006, and the Deed of Trust of even date securing the same, recorded June 1, 2006, at Book 336, Page 427 in Office of the Register of Deeds for Polk County, Tennessee, executed by Sybil Wooten Arvil Wooten Carolyn Carson and Paul Daniel Keel, conveying certain property therein described to EquiTitle, Inc. as Trustee for Mortgage Electronic Registration Systems, Inc., as a sperate corporation that is acting solely as a nominee for First Franklin A Division of Nat. City Bank of IN. and First Franklin A Division of Nat. City Bank of IN.'s successors and assigns; 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 November 24, 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:

LOT ELEVEN (11), ACCORDING TO THE MAP OR PLAT OF DELANO, TENNESSEE, OF RECORD IN PLAT BOOK 2, PAGE 80, REGISTER'S OFFICE, POLK COUNTY, TENNESSEE, TO WHICH REFERENCE IS HERE MADE. SAID LOT FRONTS 75 FEET ALONG THE NORTHEAST SIDE OF MISSISSIPPI STREET AND EXTENDS BACK 165 FEET BETWEEN PARALLEL LINES OF EVEN WIDTH TO THE REAR PROPERTY LINE.

BEING THE SAME PROPERTY CONVEYED TO SEAN ERIC PLEMONS AND WIFE, SARETTA JO PLEMONS BY DEED FROM LYNN BRYAN AND WIFE, VICKI BRYAN AND RITA BRYAN, DATED 04/17/97 AND RECORDED IN BOOK 195, PAGE 202 IN THE REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE.

SUBJECT TO STREET EASEMENT FOR MISSISSIPPI STREET.

M/P 003M-A-008.02

COMMONLY KNOWN AS: 134 MISSISSIPPI AVENUE, DELANO, TN 37325

ALSO KNOWN AS:  134 Mississippi Avenue, Delano, Tennessee 37325

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:  Sybil Wooten; Arvil Wooten; Carolyn Carson; Paul Daniel Keel

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. 870-119476


DATED October 23, 2008.


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

Successor Trustee

   

Insertion Dates: October 29, November 5, November 12, 2008

               

By: Shellie Wallace


 


SUBSTITUTE TRUSTEE'S SALE

      

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated JUNE 20, 2006, executed by JOHN CODY EAVES, A SINGLE MAN, TO EQUITITLE, INC., Trustee, of record in BOOK TD 338, PAGE 35, 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 U.S. BANK, N.A., N.D 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 MONDAY NOVEMBER 24, 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-WIT:

BEGINNING AT A STAKE MARKER IN THE NORTH LINE OF ELB BATES LOCATED NORTH 66 DEGREES 30 MINUTES WEST, 283 FEET FROM THE WEST LINE OF THE BENTON-WETMORE PIKE AND RUNNING THENCE NORTH 66 DEGREES 30 MINUTES WEST ALONG THE NORTH LINE OF ELB BATES, 382.6 FEET TO A STAKE MARKER; THENCE NORTH 33 DEGREES 20 MINUTES EAST, 593.2 FEET TO AN ESTABLISHED MARKER; THENCE SOUTH 62 DEGREES 49 MINUTE EAST, 379.2 FEET TO AN ESTABLISHED CORNER; THENCE SOUTH 33 DEGREES 20 MINUTES WEST, 568.5 FEET TO THE POINT OF BEGINNING.

BOUNDED ON THE NORTH, EAST, AND WEST BY OTHER LAND OF CHARLES EAVES, AND ON THE SOUTH BY ELB BATES.

THERE IS ALSO CONVEYED HEREWITH AN EASEMENT FOR RIGHT OF WAY PURPOSES, A STRIP OF LAND, 20 FEET WIDE, COMMENCING AT THE NORTHWEST CORNER OF THE HEREIN CONVEYED TRACT AND RUNNING THENCE SOUTH 62 DEGREES 49 MINUTES EAST ALONG THE NORTH LINE OF THE HEREIN CONVEYED TRACT, 379.2 FEET TO THE NORTHEAST CORNER OF SAID TRACT, AND THENCE EXTENDING ON SOUTH 62 DEGREES 49 MINUTES EAST, 293.1 FEET TO A POINT; THENCE SOUTH 49 DEGREES 50 MINUTES EAST, 44 FEET TO THE WEST OF BENTON-WETMORE PIKE.

LESS AND EXCEPT SELL-OFFS IN BOOK 188, PAGE 158 AND ALSO IN BOOK 188, PAGE 316, IN SAID REGISTER’S OFFICE.

BEING THE SAME PROPERTY CONVEYED TO JOHN CODY EAVES, UNMARRIED BY DEED DATED JUNE 20, 2006 OF RECORD IN BOOK WD245, PAGE 172 IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 200 CHARLES EAVES LANE BENTON, TN 37307.

MAP 035 PARCEL 016.04

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, October 22, 2008.  This is improved property known as 200 CHARLES EAVES LANE BENTON, TN 37307.


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


SUBSTITUTE TRUSTEE'S SALE


WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on January 27, 2006, by Willa J Woodby to M. Todd Jackson, Trustee, as same appears of record in the Register's Office of Polk County, Tennessee, under Book 331, Page 581,   ("Deed of Trust"); and

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to GreenPoint Mortgage Funding Inc; and

WHEREAS, GreenPoint Mortgage Funding Inc, the current owner and holder of said Deed of Trust, (the "Owner and Holder"), appointed the undersigned, Nationwide Trustee Services, Inc., 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 indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Thursday, November 20, 2008, commencing at 2:00 PM at the Front steps on Ocoee Street of the Polk County Courthouse, Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Polk County, Tennessee, to wit:

All that certain tract or parcel of land lying and being in Section 25, Fractional Township 3 South Range 5 Easy of the Ocoee Basis Line, Third Civil District of Polk County, Tennessee, containing 3.00 acres more or less and being a combination of the tree tracts shown on plat of survey by Lane S. Bishop and Associates, Lane S. Bishop Tennessee Registered Land Surveyor No. 1324 entitled "Guy Burger and Marie Burger" dated May 6, 2005 and from said plat of survey is more particularly described as follows:

Beginning at an iron pin found 1/2 rebar located on the North side of the right of way easement corridor for Burgertown Road, an existing 16 foot paved county maintained roadway the centerline of which is also the centerline of a 50 foot right of way easement corridor, 25 feet on each side of the centerline thereof, said beginning point being the Southeast corner of the property herein conveyed, corner common to Bethlehem Baptist Church (Deed Book 99, Page 11). From said point of beginning, along the aforementioned right of way easement corridor South 60 degrees, 12 minutes, 42 seconds West a distance of 63.84 feet; thence in a  curve to the left a distance of 50.68 feet subtended by a chord South 56 degrees, 37 minutes, 34 seconds West a distance e of 50.65 feet, radius = 379.84 feet to a 1/2 inch rebar found at a corner common to the 1.0 acre tract and the 1.5 acre tract shown on the aforementioned survey plat; thence in a curve to the right a distance of 39.65 feet subtended by a chord South 49 degrees, 48 minutes, 46 seconds West ad distance of 39.64 feet, radius = 379.84 feet, thence South 43 degrees, 21 minutes, 33 seconds West a distance of 76.56 feet; thence South 42 degrees, 42 minutes, 51 seconds West ad distance of 19.80 feet to an iron pin set at the southwest corner of the property herein conveyed, corner common to now or formerly Hawkins (Deed Book 218, Page 325). Thence leaving the aforementioned right of way corridor and along a line common to Hawkins North 41 degrees, 27 minutes, 20 seconds West a distance of 362.64 feet to an iron rod located at the Western-most point of the property herein conveyed thence North 24 degrees, 50 minutes, 42 seconds East a distance of 300.00 feet to an iron pin located at the Northeast corner of the property herein conveyed, corner to Hawkins and now or formerly Sinard (Deed Book 234, Page 342).  Thence leaving the line common to Hawkins and along a line common to Sinard South 59 degrees, 02 minutes, 09seconds East a distance of 103.39 feet to an iron pin located at a corner common to now or formerly Sinard and the .50 acre tract shown on the aforementioned survey plat; thence South 59 degrees, 02 minutes, 09 seconds East a distance of 40.81 feet to an iron pin; thence North 76 degrees, 36 minutes, 48 seconds East a distance of 26.06 feet to an iron pin found; thence South 23 degrees, 16 minutes, 00 seconds East a distance of 30.98 feet to an iron pin found; thence South 58 degrees, 50 minutes, 22 seconds East a distance of 55.88 feet to an iron pin found at a corner common to the 0.50 acre tract, now o formerly Sinard and Bethlehem Baptist Church. Thence leaving the line common to now or formerly Sinard and along a line common to Bethlehem Baptist Church South 20 degrees, 36 minutes, 37 seconds East a distance of 281.13 feet to the point of beginning. Containing 3.0 acre more or less according to the aforementioned survey plat. Should there be any discrepancy between the aforementioned survey plat and the above metes and bounds description the survey plat shall prevail. This conveyance is made subject to the right of way for Burgertown Road as shown on the aforementioned survey plat which is incorporated herein by reference for further description.  For source of title Deed Book 99, Page 21 Deed Book 218, Page 325 and Deed Book 242, Page 350, in the Office of the Register of Deeds, Polk County, Tennessee.

PROPERTY ADDRESS:  761 Burgertown Road, Copperhill, TN  37317

CURRENT OWNER(S):  Willa J Woodby

The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.

      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, 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.

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Nationwide Trustee Services, Inc., Substitute Trustee

c/o Amy L. Gonzalez

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, Ga  30329

(770) 234-9181 (ext. )

MSP File No.:  665.0809661TN

Insertion Dates:  October 22, 29, and November 5, 2008

TRUSTEE'S SALE


WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 13, 2007, and the Deed of Trust of even date securing the same, recorded July 18, 2007, at Book TD 362, Page 59 in Office of the Register of Deeds for Polk County, Tennessee, executed by Symantha J. Burton, conveying certain property therein described to Brandon G. Polito as Trustee for Wells Fargo Financial Tennessee 1, 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 November 17, 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:

Land referred to in this commitment is described as all that certain property situated in City of Benton in the Couty of Polk, and State of TN and being described in a deed dated 10/03/2005 and recorded 10/12/2005 in book 240 page 322 among the land records of the county and state set forth above, and referenced as follows:

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:

Beginning at the northeast corner of the herein conveyed property and the intersection of Lois Lane and Clemmer Ferry Road, thence in a southwesterly direction along Clemmer Ferry Road the following calls and distances; thence south 24 degrees 43 minutes 45 seconds west 38.30 feet to a point; thence R=235.00 L= 84.78 Tan=42.86 Delta-20 degrees 40 minutes 13 seconds, to a point; thence south 45 degrees 23 minutes 58 seconds west 25.22 feet to a nail set in conc; thence leaving said road north 68 degrees 55 minutes 05 seconds west 54.93 feet to an iron pin set; thence north 23 degrees 30 minutes 00 seconds east 144.59 feet to an iron pin set in the southern line of Lois Lane; thence in a easterly direction along Lois Lane, south 67 degrees 54 minutes 54 seconds east 82.04 feet to the point of beginning, all as shown by survey of Richmond Surveying Company, dated May 19, 2005. Being the same property conveyed to Symantha J. Burton, unmarried from Michael Eugene Cross and Mary Helen Cross, wife in deed dated 10/3/2005 and recorded 10/12/2005 in book 240 at page 322, Polk County records.

Parcel No. 045C-C-008

ALSO KNOWN AS:  691 Clemmer Ferry 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:  Symantha J. Burton; First Select Incorporated

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. 717-147443


DATED October 14, 2008.


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

Successor Trustee

INSERTION DATES: October 22, October 29, November 5, 2008

               

By: Shellie Wallace



 


 SUBSTITUTE TRUSTEE'S FORECLOSURE SALE

       

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated APRIL 18, 2007, executed by ENOCH LOWE, JR. AND WIFE, CARLA LOWE, TO DAVID S. HUMBERD, Trustee, of record in BOOK  TD356, PAGE 277, 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 MONDAY DECEMBER 15, 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:

THE FOLLOWING DESCRIBED REAL ESTATE LOCATED IN THE FIRST CIVIL DISTRICT OF BRADLEY COUNTY, TENNESSEE, TO-WIT:

BEGINNING AT A STAKE ON THE OLD ETOWAH HIGHWAY, THE SAME BEING THE EXTREME NORTHWEST CORNER OF THE LAND CONVEYED BY RUTH C. LEWIS, A WIDOW TO EUGENE LEWIS, ET UX, AND RUNNING SOUTHWARDLY WITH SAID OLD ETOWAH HIGHWAY, 140 FEET TO A STAKE; THENCE EASTWARDLY TO A STAKE IN THE CENTER OF THE DITCH RUNNING PARALLEL WITH US HIGHWAY 411 RIGHT OF WAY; THENCE NORTHEASTWARDLY WITH SAID CENTER LINE OF SAID DITCH AND US HIGHWAY 411 RIGHT OF WAY, 140 FEET TO A STAKE; THENCE NORTHWARDLY TO THE POINT OF BEGINNING, THE TRACT OF LAND HEREIN CONVEYED IS OFF OF THE NORTH END OR NORTH SIDE OF THE TRACT OF LAND CONVEYED BY RUTH C. LEWIS, A WIDOW TO EUGENE LEWIS, ET UX BY DEED DATED JUNE 10, 1960 AND REGISTERED AUGUST 20, 1960 IN DEED BOOK 50, PAGE 28 REGISTERS OFFICE OF POLK COUNTY TENNESSEE TO WHICH DEED SPECIFIC REFERENCE IS HEREBY MADE FOR A COMPLETE DESCRIPTION OF ORIGINAL TRACT CONVEYED FROM WHICH THIS TRACT IS TAKEN.

BEING THE SAME PROPERTY CONVEYED TO ENOCH LOWE, JR. AND WIFE, CARLA LOWE BY DEED DATED APRIL 18, 2007 OF RECORD IN BOOK WD250, PAGE 386, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 154 ETOWAH ROAD, BENTON, TN 37307.

MAP 035M GROUP B PARCEL 011.00

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, October 20, 2008.  This is improved property known as 154 ETOWAH ROAD, BENTON, TN 37307.


J. PHILLIP JONES Substitute Trustee


J. PHILLIP JONES, SUBSTITUTE TRUSTEE

SUITE C-205, NASHVILLE HOUSE

ONE VANTAGE WAY

NASHVILLE, TN 37228

(615) 254-4430


SUBSTITUTE TRUSTEE'S FORECLOSURE SALE

      

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated JULY 21, 2004, executed by GAIL L. WILLIAMS, UNMARRIED, TO STANLEY M. PORTER, SR., Trustee, of record in BOOK TD312, PAGE 579, 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 TENNESSEE HOUSING DEVELOPMENT AGENCY BY AND THROUGH ITS SERVICER AND AUTHORIZED AGENT, U.S. BANK, N.A. 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 MONDAY NOVEMBER 24, 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:

LOT SEVEN (7) IN THE ANNAWOOD SUBDIVISION, A PLAT OF WHICH IS RECORDED IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE, IN PLAT BOOK 8, PAGE 175.

THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:

ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON.

RESTRICTIONS AS SET OUT IN INSTRUMENT RECORDED IN DEED BOOK 221, PAGE 482, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

SUBJECT TO ALL NOTES, STIPULATIONS, RESTRICTIONS, EASEMENTS, CONDITIONS, AND REGULATIONS AS SET OUT ON RECORDED PLAT.

BUILDING SETBACK LINES: THIRTY-FIVE (35) FOOT FRONT; TEN (10) FOOT SIDE; AND FIFTEEN (15) FOOT REAR, AS SHOWN OR SPECIFIED BY RECORDED PLAT.

FIFTEEN (15) FOOT UTILITY EASEMENT ON FRONT LOT LINES, AS SHOWN OR SPECIFIED BY RECORDED PLAT.

TEN (10) FOOT DRAINAGE/UTILITY EASEMENT ON EXTERIOR LOT LINES, AS SHOWN OR SPECIFIED BY RECORDED PLAT.

FIVE (5) FOOT DRAINAGE/UTILITY EASEMENT ON INTERIOR LOT LINES, AS SHOWN OR SPECIFIED BY RECORDED PLAT.

BEING THE SAME PROPERTY CONVEYED TO GAIL L. WILLIAMS, UNMARRIED BY DEED DATED JULY 21, 2004 OF RECORD IN BOOK WD234, PAGE 457 AND BOOK WD235 PAGE 62, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

ALSO SEE AFFIDAVIT OF AFFIXATION OF RECORD IN BOOK WD245 PAGE 236, REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 399 RYMER ROAD, OLD FORT, TN 37362.

MAP 086I GROUP A PARCEL 007.00

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: THE BANK/FIRST CITIZENS BANK

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

WILL BE USED FOR THAT PURPOSE.

This day, October 20, 2008.  This is improved property known as 399 RYMER 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


IN THE CHANCERY COURT FOR POLK COUNTY, TENNESSEE


DAVID D. DARDEN


VS.


THE HEIRS OF S.F. GRIFFIN

NO.7397


LEGAL PUBLICATION

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 Defendant in a deed of record in Deed Book 5, Page 545, dated March 3, 1904, and Deed Book 16, page 430, dated November 16, 1916, Register’s Office of Polk County, Tennessee, is believed to be abandoned.

The Plaintiff herein has asked the Court to declare said mineral interest abandoned and to reunite said mineral interest to the surface interest of the real property located at Sand Mountain Road and Cookson Creek Road (Tax Map 087, Parcel 030.00) belonging to David D. Darden by deed of record in Deed Book 93, Page 366, 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 shall 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 21st day of October, 2008.


KIM INGRAM, CLERK & MASTER


Publication Dates: 10/22/08; 10/29/08; 11/05/08



























                                                                                                                      

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