February 11, 2012 - 07:54
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February 11, 2012 - 07:54 | ||||||||
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PUBLIC NOTICE - 12/16/09
TRUSTEE’S NOTICE OF FORECLOSURE SALE WHEREAS, by Trust Deed
dated the 9th day of August, 2006, Todd Alan Liebross did convey in
trust certain land therein described to secure the original principal amount of
Eighty-Six Thousand, Seven Hundred and 00/100 Dollars ($86,700.00) as evidenced
by a promissory note duly incorporated in said Deed of Trust by reference and
said Deed of Trust was duly recorded on September 6, 2006 in Trust Deed Book
342, pages 249-253 in the Register of Deeds Office, Polk County, Tennessee,
said Deed of Trust and Promissory Note made payable to Bank of Blairsville. WHEREAS, said Trust Deed
provided that in the event of the default in payment of any installment of said
Note, the entire indebtedness shall at the option of the owner and holder of
said note has declared the entire balance thereof due and payable and has
instructed the undersigned Trustee to foreclose on said Deed of Trust; NOW, THEREFORE, by
virtue of the authority vested in me as Trustee under the terms of said
instrument, I, the undersigned will on the 7th day of January, 2010
at 10:00 a.m. EST in front of the West Door of the Ducktown Law Court,
Ducktown, Tennessee offer for sale and sell to the highest and best bidder for
cash in hand of the equities of redemption, dower and homestead, the following
described real estate being located of Beavers Lane, Third Civil District of
Polk County, Tennessee, to wit: A certain tract or
parcel of land lying and being in Section 12, Fractional Township 2 South,
Range 4 East of the Ocoee Basis Line in the Third Civil District of Polk
County, Tennessee, containing 10.00 acres, as shown on survey plat for Todd
Liebross, dated April 24, 2006, prepared by Lane S. Bishop, T.R.L.S. #1324,
Lane S. Bishop and Associates, P.O. Box 1506, Blue Ridge, Georgia 30513, which
said survey plat is incorporated herein by reference, and said tract of land
being more particularly described as follows: Beginning at U.S.F.S.
monument and running along a red painted tree line, North 62º 16’ 11” West a
distance of 1039.41 feet to an iron pin set. Thence, North 57º 13’ 34” East a
distance of 472.47 feet to an iron pins set at the centerline of a 50-foot wide
ingress/egress/utility easement as shown on the above referenced survey plat. Thence, along the
centerline of said easement, North 30º 02’ 02” East a distance of 153.22 feet.
Thence leaving the centerline of said easement, South 50º 00’ 09” East a
distance of 833.15 feet. Thence, along an orange painted tree line found, South
29º 43’ 37” West a distance of 387.55 feet to the point of beginning. Also conveyed and
reserved herewith is a 50-foot wide easement which begins at Beavers Lane and
runs in a northwesterly direction to a 10-foot wide gravel drive, thence runs
in a southerly direction the following twenty-one (21) calls and distances: in
a left hand curve, South 72º 35’ 39” West a chord distance of 96.60 feet with
arc of 111.04 feet and radius of 61.58 feet; thence, South 27º 50’ 48” West a
distance of 65.41 feet; thence in a right hand curve, South 51º 25’ 54” West a
chord distance of 90.21 feet with arc of 94.15 feet and radius of 93.43 feet;
thence, in a left hand curve, South 47º 18’ 40” West a chord distance of 88.40
feet with arc of 92.09 feet and radius of 93.27 feet; thence, in a right hand
curve, South 38º 39’ 03” West a chord distance of 65.53 with arc of 65.68 and radius
of 273.50; thence, South 43º 55’ 52” West a distance of 75.50 feet; thence,
South 41º 02’ 25” West a distance of 27.82 feet; thence, South 39º 54’ 46” West
a distance of 159.24 feet; thence, in a right hand curve, South 37º 53’ 08”
West a chord distance of 48.62 with arc of 48.89 feet and radius 135.72 feet;
thence, in a left hand curve, South 46º 30’ 39” West a chord distance of 103.03
feet with arc of 103.54 feet and radius of 302.50 feet; thence, in a right hand
curve , South 62º 52’ 18” West a chord distance of 100.87 feet with arc of
106.47 feet and radius of 94.04 feet; thence, in a left hand curve, South 51º
21’ 48” West a distance of 67.91 feet with arc of 71.40 feet and radius of
65.41 feet; thence, South 29º 59’ 12” West distance of 51.51 feet; thence, in a
right hand curve, South 66º 49’ 49” West a chord distance of 63.37 feet with
arc of 66.83 feet and radius of 59.51 feet; thence, along the left hand curve,
South 61º 38’ 06” West a chord distance of 85.63 feet with arc of 94.24 feet
and radius of 62.73 feet; thence, North 26º 53’ 52” East a distance of 135.27
feet; thence, in a right hand curve, South 41º 32º 26’ West a chord distance of
164.89 feet with arc of 168.16 feet and radius of 245.42 feet; thence,
continuing in a left hand curve, South 50º 46’ 43” West a chord distance of
139.20 feet with arc of 140.79 feet and radius of 270.43 feet; thence, in a
left hand curve, South 34º 33’ 27’ West a chord distance of 413.10 feet with
arc of 413.66 feet and radius of 2295.95 feet; thence, South 30º 02’ 02” West a
distance of 133.12 feet; thence South 30º 02’ 02” West a distance of 153.22
feet to the property herein conveyed. Said easement is for the benefit of the
Grantors, Grantee, their heirs, successors and assigns for the purpose of
ingress, egress and utility service and shall be a burden running with the
land. Subject to a
non-exclusive water rights easement to a certain spring located on the portion
of the property retained by prior grantors, Ronnie C. Miller and wife, Anita
Miller and Roger Gregory Miller and wife, Christine M. Perregrin-Miller in
Warranty Deed to Joe G. Dickey and wife, Mary Jo Dickey recorded in Warranty
Deed Book 232, pages 298-300 in the Register of Deeds Office Polk County,
Tennessee. Subject to an easement
conveyed to Ronald Keith Miller and wife, Melissa A. Miller recorded in
Warranty Deed Book 173, page 146 in the Register of Deeds Office, Polk County,
Tennessee. Subject to the following
restrictive covenants which shall be a burden running with the land: 1. No
mobile homes. 2. No
abandoned/junk vehicles 3. No
chain link fences. 4. No
cows, chickens or pigs. 5. Minimum
1600 sq. ft. living space, exclusive of basement garage or porches. 6. Only
natural stone or wood construction to blend with natural environment. No vinyl
siding. 7. Road
maintenance to be shared by homeowners. Subject to any and all governmental zoning and
subdivisions ordinances. Being the same property conveyed to Todd Alan
Liebross by Warranty Deed from Joe G. Dickey and wife, Mary Jo Dickey recorded
September 6, 2006, in Warranty Deed Book 246, pages 359-361 in the Register of
Deeds Office, Polk County, Tennessee. Said Deed of Trust recites title to said real
estate as encumbered, except as aforesaid, but the sale will be made as Trustee
only, without covenants of warranty or seisin, and subject to any unpaid State,
County, and City taxes and other assessments or other liens, easements or
restrictions. The Trustee, at the instructions of the beneficiary
of the Deed of Trust, shall have the power to adjourn the foreclosure sale to a
day, time and place certain, upon announcement at the time and place for the
sale set forth above. The Trustee need not personally attend or conduct the
sale and may, at her option, cause the sale to be conducted by an agent or
attorney selected by her. It is further agreed that the Trustee or any
mortgagee or beneficiary may bid in case of foreclosure sale. This is an attempt to collect a debt and any
information obtained will be used for that purpose. This Notice shall appear in the Polk County News,
Benton, Tennessee, a newspaper published in Polk County, Tennessee on December
16, 23 and 30 2009. LAURA M. CRAWFORD, Attorney At Law P.O. Box 930, 337 Main Street Ducktown, TN 37326 (423) 496-3603
SUCCESSOR
TRUSTEE'S NOTICE OF SALE WHEREAS, by Deed of Trust dated the 15th
day of December, 2003, of record in Book TD 300, Page 331, in the Register's
Office for Polk County, Tennessee, DAN PAUL HARRISON and, ALISHA GAIL
HARRISON (the "Grantors”)
conveyed to J. Michael Winchester, Trustee, the hereinafter described real
estate to secure the payment of Grantors’ Promissory Note described therein
owing to First Tennessee Bank National Association (the “Bank”); and WHEREAS, GORDON D. FOSTER was appointed Successor Trustee of said Deed of Trust
by the Bank, said Appointment being recorded in the aforesaid Register's
Office; and WHEREAS, default has been made in the payment of said
indebtedness, and the Bank has directed me to foreclose said Deed of Trust in
accordance with the terms thereof and to sell said real estate. NOW, THEREFORE, by virtue of the authority
vested in me by said Deed of Trust, I will offer to sell and sale the following
described property AT PUBLIC AUCTION on the 7th day of January,
2009, at the hour of 10:00 a.m. local time,
at the Polk County Courthouse in Benton, Tennessee to the last, highest
and best bidder FOR CASH (on such terms as announced at sale), SUBJECT,
HOWEVER, TO SUCH PRIOR ENCUMBRANCES, EASEMENTS, LEASES, OBJECTIONS, CONDITIONS,
RESTRICTIONS, OUT‑CONVEYANCES, AD VALOREM TAXES (current and delinquent), and PRIORITY TAX
LIENS, (IF ANY) AS MAY APPEAR OF RECORD, including, but not limited to the Deed
of Trust located in Book 296, Page 297, in the above mentioned Register’s
Office the following described real estate (the “Real Property”): The following described real estate located
in the First Civil District of Polk County, Tennessee, to-wit: To locate the Beginning point, begin at the
intersection of the South line of the Old Etowah Road with the West line of Oak
Grove Road; thence travel Southeasterly and Southerly along the West line of
Oak Grove Road 1,239.86 feet to the Beginning point; thence from the Beginning
point, South 89 deg. 56 min. West, 300 feet to a point; thence South 10 deg. 36
min. West, 113.7 feet to a point; thence South 78 deg. 23 mins. East 300 feet
to an iron pin in the line of Oak Grove Road; thence Northerly along the edge
of Oak Grove Road 175.02 feet to the Beginning point. Said tract containing one acre, more or less, and being shown
by survey of Neal Sanders Tenn. Lic. No. 28, being drawing no. 5461. Being the same property conveyed to Dan P.
Harrison and wife, Gail Harrison, by Warranty Deed, from Frances H. Stephens
and husband, Jerry T. Stephens, dated September 22, 1986, recorded November 19,
1986, of record in Book 128, Page 356 in the Register’s Office for Polk County,
Tennessee. Tax Map No. 026-040.02 Said property bears the street address of 1309 Oak
Grove Rd., Benton, TN 37307, but the street address is not part
of the legal description of the foreclosing instrument. In the event of a discrepancy between
the street address and the legal description, the legal description of the Deed
of Trust shall control. The Real Property and improvements thereon, if any,
will be sold AS IS WHERE IS without warranties or representations of any kind.
The aforesaid sale may be postponed to a later date by oral announcement at the
time and place of the published sale or cancelled without further written notice
or publication. I reserve the right to take or accept the next highest
or best bid at such sale should the last and highest bidder fail or refuse to
comply with the terms of sale for any reason. In such event, I shall also reserve the right to reopen the
bidding or republish and sell said Real Property at my option. The Beneficiary may become the
purchaser at the sale. The Successor Trustee reserves the right to conduct the
sale by or through his agents or attorneys acting in his place or stead, including
the use of an auctioneer. OTHER INTERESTED PARTIES: None disclosed by search of record. Witness my hand this 14th day of
December, 2009. Gordon D. Foster, Successor Trustee Winchester, Sellers, Foster & Steele, P.C. Suite 1000, First Tennessee Plaza 800 South Gay Street Knoxville, Tennessee 37929 My File No. 1202.0949 Email: foreclosureinfo@wsfs-law.com PUBLISH DATES: Dec. 16,
2009, Dec. 23, 2009, Dec. 30, 2009 | ||||||||||
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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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