Notice is hereby given that the Board of Commissioners (the “Board”) of Polk County, Tennessee, will meet in regular public session on Thursday, November 19, 2009, at 7:00 o’clock, p.m., local time, in the Polk County Courthouse, Benton, Tennessee. At such meeting the Board will consider and transact all business which may come before such Board. Additional information concerning the above may be obtained from Mike Stinnett, County Executive, telephone number 423-338-4527.
   

SUBSTITUTE TRUSTEE'S SALE

Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed December 14, 2006 by Brian Hall and wife, Melinda Hall to Infinity Title LLC, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in TD 349, Page 46, and the undersigned having been appointed Substitute Trustee by instrument recorded in Book MS127, Page 458, in the said Register's Office, and the owner of the debt secured, Bank Of America, National Association As Successor By Merger To Lasalle Bank National Association, As Trustee For First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-Ff2, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Thursday, December 10, 2009 commencing at 11:00 AM, at the Main (West) Door of the Courthouse, Benton, Polk County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to-wit:

Situated in County of Polk, State of Tennessee.

Located in the First Civil District of Polk County Tennessee:  Lot Thirty-six (36) in Crowe Hills Subdivision, a Plat of which is recorded in the Register's Office of Polk County, Tennessee in Plat Book 2, Page 61, to which reference is here made for a more complete description.

Property Address: 228 Crowe Hill Circle, Benton, TN.

All right and equity of redemption, homestead and dower 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.

ARNOLD M. WEISS, Substitute Trustee

Weiss Spicer Cash PLLC

208 Adams Avenue

Memphis, Tennessee   38l03

90l-526-8296

File # 7001-082421-FC

Published: November 11, November 18, November 25

Home Loan Services/Brian Hall      

SUCCESSOR TRUSTEE'S NOTICE OF SALE

Whereas, by Deed of Trust dated December 20, 2007, and recorded at Book TD 371, Pages 270 in the Register's Office for Polk County, Tennessee, Callihan Custom Cabins, LLC, conveyed the hereinafter described property to G. William Little, III, Trustee, to secure the payment of the debts of Callihan Custom Cabins, LLC owing to Gilmer County Bank. On September 28, 2009, Walter N. Winchester of Knoxville, Tennessee, was appointed as Successor Trustee by the Beneficiary, Gilmer County Bank. Default has been made in the payment of said indebtedness, the entire balance has been declared due and payable in full and the owner and holder of said Note has directed me, the undersigned Successor Trustee, to foreclose said Deed of Trust.

NOW, THEREFORE, by virtue of the authority vested in me by said Deed of Trust, at 10:00 a.m. local time on the 7th day of December, 2009, at the front steps of the Courthouse in Benton, Polk County, Tennessee, I will sell the following described Real Estate AT PUBLIC AUCTION to the last, highest and best bidder FOR CASH (on such terms as announced at sale), free from all equitable rights of redemption, statutory right of redemption, homestead, dower, and all other exemptions and redemptive rights of every kind, all of which were expressly waived and surrendered by the terms of said Deed of Trust, subject, however, to such prior encumbrances, easement, leases, objections, restrictions, out-conveyances, ad valorem property taxes (current and delinquent) and any tax liens that may appear of record, the following described real estate (the “Real Estate”):

All that tract or parcel of land lying and being located East of the Ocoee Basis Line in theThird Civil District of Polk County, Tennessee, located in the Campbell Cove Lake area and being more particularly described as Lot No 97 of Campbell Cove Lake, containing 217 00 acres, more or less, as shown in Warranty Deed dated March 19, 1999, from JackStanley, James Garrett and Randy Mundy in favor of CCC Developments, LLC and recorded in Polk County Records in Warranty Deed Book 209, Pages 471-2.

LESS AND EXCEPT:

All that tract or parcel of land lying and being in Part of Section No. 19; Fractional Township 3 South; Range 5 East of the Ocoee Basis Line in Polk County, Tennessee, and being described as Tract 1, containing 5 79 acres. More or less; and Tract 2, containing 1.80 acres, more or less; as shown on a plat of survey by Allen Surveying, Phillip G. Allen, T.R.I..S. No. 1530, dated February 1999, and recorded in Polk County Records in Plat Book 8, Page 192. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.

LESS AND EXCEPT:

All that tract or parcel of land lying and being in Sections 19 and 30; Fractional Township 3 South; Range 5 East of the Ocoee Basis line; Third Civil District of Polk County, Tennessee, containing 111.40 acres, more or less, and being shown as Phase I on a plat of survey for Campbell Cove Creek Development, L.L.C. and C.C.C. Development, I.I.C, by Lane S. Bishop and Associates, Lane S. Bishop, T.R.I.S. No. 1324, dated October 6, 2000, and recorded in Polk County Records in Plat Book 8, Page 343. Said plat is incorporated hereto, by reference hereto, for a full and complete description of the above described property.

LESS AND EXCEPT:

Any portion (approximately 2.05 acres, more or less) of' original Lot 11 and Lot 12 of Phase 1 as shown on plat of survey for Campbell Cove Creek Development L.L.C. and C.C.C. Development, LLC by Lane S. Bishop and Associates, Lane S Bishop, T.R.L.S. No. 1324, dated October 6, 2000, and recorded in Polk County Records in Plat Book 8, Page 343 incorporated into Lot 17 of Campbell Cove Creek Development, Phase 1I, as described in Warranty Deed recorded in Polk County Records in Warranty Deed Book 232, Pages 175-180 and as shown on plat recorded in Polk County Records in Plat Book 10, Page 19.

PLUS:

All that tract or parcel of land lying and being in Sections 19 and 30; Fractional Township 3 South; Range 5 East of the Ocoee Basis line; Third Civil District of Polk County, Tennessee, being described as Lot 11, containing 6.58 acres, more or less; Lot 12, containing 5.69 acres, more or less; and Lot 15, containing 8.68 acres, more or less; of Phase 1as shown on a plat of survey for Campbell Cove Creek Development, L L.C, and C.C.C. Development, LLC by Lane S. Bishop and Associates, Lane S Bishop, T.R.LS. No. 1324, dated October 6, 2000, and recorded in Polk County Records in Plat Book 8, Page 343. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.

Being and intended to be a portion of the same property conveyed by Warranty Deed dated March 19, 1999, from Jack Stanley, James Garrett and Randy Mundy in favor of CCC Developments, LLC and recorded in Polk County Records in Warranty Deed Book 209, Pages 471-2.

Being and intended to be a portion of the same property conveyed by Warranty Deed dated January 13, 2006, from CCC Developments, LLC in favor of Callahan Custom Cabins, LLC and recorded in Polk County Records in Warranty Deed Book 242, Pages 385-388.

Total acreage being conveyed is 116.91 acres, more or less.

Any additional taxes, interest and or penalties which may be assessed for prior tax years by virtue of adjustment, re-appraisal, re-assessment, appeal or other amendment to the tax records of the city or county in which the subject property is located.

Subject to Restrictions for Campbell Cove Creek Section I Recorded in Polk County Records in Misc. Book 103, Pages 402-4.

Subject to all easements, restrictions and rights-of-way as shown on plat recorded in Polk County Records In Plat Book 8, Page 343.

Subject to Easement Agreement recorded in Polk County Records in Warranty Deed Book 161, Pages 127-30; Warranty Deed Book 208, Pages 404-7; and Warranty Deed Book 208, Pages 408-14.

Subject to Hydrocarbon Estate and right of ingress and egress reserved by Cities Service Company in Warranty Deed recorded in Polk County Records in Deed Book 108, Pages 289-327.

Subject to any and all easements and rights-or-way for public roads, electric transmission lines and telephone lines heretofore acquired by predecessors in title by Polk County, Tennessee, Department of Highways and Public Works, TVA and Southern Bell Telephone and Telegraph Company as shown in Warranty Deed recorded in Polk County Records in Deed Book 47, Page 35.

Subject to the leasehold interest of employees and others, including Board of Education of Polk County, Tennessee as shown in Warranty Deed recorded in Polk County Records in Deed Book 47, Page 35.

Subject to the interests of the L & N Railroad Company in and to right-of-way of land conveyed to it as shown in Warranty Deed recorded in Polk County Records in Deed Book 47, Page 35.

Subject to Minutes and Corporate Resolutions of Callihan Custom Cabins, LLC recorded in Fannin County, Georgia Records in Deed Book 543, Pages 574-75

Said real estate has street addresses of Campbell Cove Lake, Campbell Cove Lake, Tennessee. In the event of a discrepancy between the street address and the property description, the property description shall control.

The Real Estate will be sold AS IS WHERE IS with no warranties or representations of any kind, express or implied, and including warranty for a particular purpose. The Successor Trustee may sell the above described Real Estate together as a whole or in lots, parcels, or tracts, as announced at the sale, and no such successive sales shall exhaust the power of sale. 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.  The Successor Trustee reserves 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, the Successor Trustee shall also reserve the right to reopen the bidding or republish and sell said Real Estate at the option of the undersigned.  The Beneficiary may bid on said Real Estate and 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:      Hayes, James & Associates, Inc.

Witness my hand this the 5th day of November, 2009.

Walter N. Winchester, Successor Trustee

Winchester, Sellers, Foster & Steele

Suite 1000, First Tennessee Plaza

800 South Gay Street                   

Knoxville, Tennessee 37929                        

Phone:  (865) 637-1980        

Publication Dates: November 11, November 18, November 25, 2009