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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 April 30, 2007, by Michael C Cooper and Tina L. Cooper to Larry A. Weissman, Trustee, as same appears of record in the Register's Office of Polk County, Tennessee, under Book TD357, Page 1,   ("Deed of Trust"); and

WHEREAS, SunTrust Mortgage 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, January 7, 2010, 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:

Exhibit "A"

Located in the First Civil District of Polk County, Tennessee:

Lot Six (6) in Block D of the Hiwassee Riviera Estates Subdivision as depicted on plat of record in Plat Book 2 Page 60, in the Register's Office of Polk County, Tennessee. Said Lot 6 is more particularly described as follows:

BEGINNING at the intersection of the West side of West Central Avenue with the North side of Woodbine Drive, same marking the Southeast corner of Lot 6, Block D, conveyed herein; From said point of beginning with Woodbine Drive North 64 degrees 00 minutes 00 seconds West 72.00 feet to an iron pin corner; thence with Lot 5, Block D, North 15 degrees 00 minutes 00 seconds East 250.00 feet to an iron pin corner; thence with Lot 6, Block E, South 83 degrees 35 minutes 30 seconds East 124.00 feet to an iron set in the West side of West Central Avenue; thence with West Central Avenue South 25 degrees 25 minutes 29 seconds West 287.00 feet to the point of BEGINNING. As depicted on the Survey by William W. Roberts, TN RLS No. 510, Athens, Tennessee 37303, same dated 13 March 1997 and being Drawing No. 97-066.

Being the same property conveyed to Gary Luke Carroll and wife, Tammy Ann Carroll by Warranty Deed from David Einerson and wife, Elayne Einerson; dated 03/17/1997 and recorded in WD Book 194, Page 275, in the Register's Office of Polk County, Tennessee.

Subject to restrictive covenants for Hiwassee Riviera Estate as set out in Instrument recorded in Misc Book 27, Page 176, in the Register's Office of Polk County, Tennessee.

M/P 018B-B-011.00 kw WD 250-468

Commonly known as: 165 Woodbine Drive, Benton, TN 37307

PROPERTY ADDRESS:  165 Woodbine Drive, Benton, TN  37307

CURRENT OWNER(S):  Michael C. Cooper

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 PP

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, GA  30329

(770) 234-9181 (ext.)

File No.:  221.0937156TN

Web Site: www.msplaw.com

Insertion Dates:  12/16/09, 12/23/09, 12/30/09

 

 


NOTICE OF MEETING

POLK COUNTY 9-1-1

BOARD OF DIRECTORS

 

The Board of Directors of the Polk County 9-1-1 Emergency Communications District will meet at 3:00 p.m. on February 3 at the Polk County 911 District Office on Highway 64, or such other locations as may be posted, where and which time the Board will consider any matter that may be properly presented. The Board meets at the same time and location on the 1st Wednesday of the months of February, April, June, August, October, and December, unless notice is otherwise given. A public hearing is held at the June meeting for the purpose of reviewing the budget proposed for the fiscal year that begins July 1. The public is invited to all meetings.

SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE

      

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated APRIL 27, 1994, executed by DENVER D. MADDUX AND SONYA L. MADDUX, HUSBAND AND WIFE,  TO THE TITLE GUARANTY AND TRUST COMPANY OF CHATTANOOGA, Trustee, of record in BOOK TD167, PAGE 52, 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  CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. AS SUCCESSOR BY MERGER TO ATLANTIC MORTGAGE AND INVESTMENT CORP. 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 TUESDAY JANUARY 5, 2010  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:

LOT ONE (1), SHADY OAKS ESTATES SUBDIVISION, A PLAT OF WHICH IS RECORDED IN PLAT BOOK 5, PAGE 28, REGISTER'S OFFICE, POLK COUNTY, TENNESSEE, TO WHICH REFERENCE IS MADE FOR A MORE SPECIFIC DESCRIPTION.

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

DRAINAGE/UTILITY EASEMENTS, AND TO BUILDING SETBACK LINES, PER PLAT BOOK 5, PAGE 28, REGISTER'S OFFICE, POLK COUNTY, TENNESSEE.

SUBJECT TO HEALTH DEPARTMENT REQUIREMENTS, PER PLAT BOOK 5, PAGE 28, SAID REGISTER'S OFFICE.

SUBJECT TO POSSIBLE DRIVEWAY PERMITS FROM THE STATE OF TENNESSEE, AS NOTED ON PLAT BOOK 5, PAGE 28, SAID REGISTER'S OFFICE.

BEING THE SAME PROPERTY CONVEYED TO DENVER D. MADDUX AND WIFE, SONYA L. MADDUX  BY DEED DATED APRIL 27, 1994 OF RECORD IN WD BOOK 172, PAGE 154, REGISTER'S OFFICE FOR POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 3024 HIGHWAY 411, OLD FORT, TN 37362 A/K/A  5600 HIGHWAY 411, OLD FORT, TN 37362.

MAP 075 PARCEL 086.12

THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.

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, December 7, 2009.   This is improved property known as  3024 HIGHWAY 411, OLD FORT, TN 37362 A/K/A  5600 HIGHWAY 411, OLD FORT, TN 37362.

 

J. PHILLIP JONES Substitute Trustee

J. PHILLIP JONES, SUBSTITUTE TRUSTEE

SUITE C-205, NASHVILLE HOUSE

ONE VANTAGE WAY

NASHVILLE, TN 37228

(615) 254-4430

 

 

NOTICE OF TRUSTEE'S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated December 29, 2006, and the Deed of Trust of even date securing the same, recorded January 16, 2007, at Book TD350, Page 166 in Office of the Register of Deeds for Polk County, Tennessee, executed by Kathleen M Waldroup, conveying certain property therein described to Arnold M. Weiss, Esq., 208 Adams Avenue, Memphis, TN 38103 as Trustee for Wells Fargo Bank, N.A.; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on January 4, 2010 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:

The land referred to in this policy is situated in the State of TN, County of POLK, City of BENTON and described as follows:

The following described real estate located in the First Civil District of Polk County and inside the City of Benton, Tennessee, to-wit:

Lot Eleven (11), Hope Village, a plat of which is recorded in the Register’s Office for said County in Plat Book 2, Page 121.

Said lot is more particularly described as beginning in the dead-end turn-around of Franklin Drive where the same is intersected by the Northeasternmost corner of Lot 10 as shown on said Plat; thence with the curvature of the turn-around on a left-handed arc in an Easterly thence Northeasterly direction on a radius of 50 feet, a distance of 78.5 feet to the Southwest line of Lot 12 as shown on said plat; thence with said line of said Lot 12, South 66 deg 16 min East, 82.2 feet to the Northwest line of land of Richard Moorhouse; thence with said line of Moorhouse the following calls and distances; South 27 deg 30 min West 52.9 feet; South 45 deg 23 min West, 101.6 feet, and, South 38 deg 04 min West, 40.9 feet to the Northeast line of land of Robert McDonald; thence with said line of McDonald, North 65 deg 51 min West, 77.7 feet to a slight angle; thence continuing on North 67 deg 51 min West, 30 feet, more or less, to the Southeast line of said Lot 10; thence with said line of Lot 10, North 34 deg 53 min East, 139.8 feet to the beginning.

ALSO KNOWN AS:  180 Franklin Drive, 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:  Kathleen M Waldroup

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. 717‑174179

 

DATED December 4, 2009.

 

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

Successor Trustee

Insertion Dates: December 9, 2009, December 16, December 23, 2009

 

NOTICE OF TRUSTEE'S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated February 14, 2005, and the Deed of Trust of even date securing the same, recorded July 20, 2005, at Book TD323, Page 1 in Office of the Register of Deeds for Polk County, Tennessee, executed by Cecil Alex Starnes, conveying certain property therein described to First Title Corporation as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for BNC Mortgage, Inc., a Delaware Corporation and BNC Mortgage, Inc., a Delaware Corporation'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 January 11, 2010 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:

Tract I:  Tract Five: Beginning at a point marking the dividing line between Tract 5 and Tract 4 with the intersection of the cul-de-sac of Lynn Drive, which cul-de-sac having a radius of 50 feet; thence Westerly along a right handed curve 80.44 feet to a point; thence along the dividing line between Tract 5 and Tract 6, South 68 degrees 02 minutes 35 seconds East, 546.57 feet to the Southeast corner of Tract 5; thence along the dividing line between Tract 5 and Tract 18 North 23 degrees 31 minutes 35 seconds East, 572.91 feet to a point; thence along the dividing line between Tract 5 and Tract 17, North 64 degrees 02 minutes 55 seconds West, 243.17 feet to a point; thence along the dividing line between Tract 5 and Tract 4, South 56 degrees 57 minutes 15 seconds West, 678.52 feet to the point of beginning, as shown by survey of Richmond Surveying Company, Jimmy L. Richmond, TRLS # 917, dated June 15, 1998.

NOTE:  The legal description has been revised in accordance with an Attorney's Affidavit recorded October 29, 2009 on Book MS134 at Page 104.

ALSO KNOWN AS:  169 Lynn Drive, 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:  Cecil Alex Starnes; Internal Revenue Service

On or about October 24, 2005, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Cecil A. Starnes, recorded in the Register's Office of Polk County, Tennessee, at Book FL2, Page 261.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by US Bank National Association, as Trustee for the Structured Asset Investment Loan Trust, 2005-4.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.

On or about January 26, 2009, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Cecil A. Starnes, recorded in the Register's Office of Polk County, Tennessee, at Book FL2, Page 340.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by US Bank National Association, as Trustee for the Structured Asset Investment Loan Trust, 2005-4.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.

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. 870‑172928

 

DATED December 4, 2009.

 

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

 Successor Trustee

                          

Insertion Dates: December 9, December 16, December 23, 2009

 

Untitled Document  
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Public Notices - 8/17/11


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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
phone: 423-338-2818 | fax: 423-338-4574 | email

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