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NOTICE OF FORECLOSURE AND SALE

 

TO:             Mr. Arnold E. Smith                                                

                           Estate of Mary E. Smith                  

                           c/o Etowah Health Care

                           P.O. Box 957                                                                                            

                           Etowah, TN  37331

 

              Mr. Chris Smith             

                           297 Harmony Lane                  

                           Benton, TN  37307                                

                           Ms. Debbie Passmore

                           110 Dell Rd.

                           Maryville, TN  37804

 

                           Ms. Shannon Wilcox

                           P.O. Box 1132

                           Benton, TN  37307

 

                           Mr. Arnold E. Smith

                           Estate of Mary E. Smith

                           121 Westerly Ave.

                           Benton, TN  37307-4760

                                   

Default having been made in the payment of installments due on the note from ARNOLD E. SMITH and wife, MARY E. SMITH payable to Athens Federal Community Bank, which note is secured by a certain Deed of Trust referenced herein, dated the 4th day of February, 2005, executed by ARNOLD E. SMITH and wife, MARY E. SMITH, and of record in the Registe­r's Office of Polk County, Tennessee in Trust Book 316, Pages 521-525, to which reference is hereby made, and the holder of the note in question having declared all debt, prin­cipal, interest, and attorney's fees, immediately due and payable, notice is hereby given that on the 4th day of February, 2010, at 10:30 a.m. at the front door of the Cour­thouse for Polk County, Ten­nessee, at Benton, Ten­nessee, the undersigned Substitute Trustee, on behalf of Athens Federal Community Bank, the holder of the note in ques­tion, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises:

SITUATED in the First Civil District of Polk County, Tennessee, the same BEING LOT NO. FOUR (4), BLOCK C, of the REVISED HIWASSEE RIVERIA ESTATES SUBDIVISION, Section 4, as depicted on plat of record in Plat Book 2, Page 60, Register’s Office, Polk County, Tennessee, and being more particularly described as follows:

BEGINNING at a point in the Northwest line of West Avenue at the most southerly corner of Lot 4, Block C, and the most Easterly corner of Lot 5; thence North 67 degrees 53 minutes West with the common dividing line between Lots 4 and 5, 150 feet to a point in the Southeast line of Lot 7; thence North 22 degrees 06 minutes East 100 feet to a point marking a common corner for Lots 3, 4, 7 and 9; thence South 67 degrees 53 minutes East with the common dividing line between Lots 3 and 7, 150 feet to a point in the Northwest line of West Avenue; thence with the West line of said Avenue, South 22 degrees 06 minutes West 100 feet to a point, the place of BEGINNING, as shown by plat of survey prepared by Neal Sanders, dated May 8, 1975, and designated as Drawing No. 3662.

SUBJECT to Restrictive Covenants, limitations and conditions contained in the Restrictive Covenants of record in Deed Book 27, Pages 176-181, Register’s Office, Polk County, Tennessee.

SUBJECT to any setback lines, drainage and/or utility easements and conditions and limitations depicted and/or noted on or attached to the plat of record in the Register’s Office for Polk County, Tennessee, in Plat Book 2, Page 60.

BEING the same property conveyed to Arnold E. Smith and wife, Mary E. Smith by Warranty Deed from James B. Eldredge and J.T. Qualls, same dated May 22, 1975, and recorded in Deed Book 83, Pages 167-168, Register’s Office, Polk County, Tennessee.

PROPERTY ADDRESS:  121 Westerly Avenue, Benton, Tennessee 37307-4760.

SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS

BEEN GIVEN:  Not Applicable.

OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS

FORECLOSURE SALE HAS BEEN GIVEN:  Heirs of the Estate of Mary E. Smith:  Chris Smith, 297 Harmony Lane, Benton, TN  37307; Debbie Passmore, 110 Dell Rd., Maryville, TN  37804; and Shannon Wilcox, P.O. Box 1132, Benton, TN  37307.

No warranties are made as to the merchantability of title of said real property, which property is being sold, “where is, as is”, subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not.  The Substitute Trustee herein makes no representations or warranties as to status of title or description of this property.

Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply.

The Substitute Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property.

The sale held pursuant to this Notice may be rescinded at the Substitute 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.

This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt.

This the 6th day of January, 2010.

BRIDGET J. WILLHITE, Substitute Trustee

Insert:      January 13, 2010, January 20, 2010, January 27, 2010


CITY OF DUCKTOWN

CALLED MEETING

 

There will be a called meeting on January 14 at 7:00 p.m. The purpose of this meeting is to swear in the newly elected Commissioner and to appoint a Mayor and Vice-Mayor.


NOTICE OF SUBSTITUTE TRUSTEE`S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated December 29, 2006, executed by  Danny Parker and Marie Parker, conveying certain real property therein described to Independence Title And Escrow, as Trustee, as same appears of record in the Register's Office of Polk County, Tennessee recorded on January 10, 2007 at Book TD350,  Page 1-16; and

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP  who is now the owner of said debt; and

WHEREAS, the undersigned, Everett L. Hixson, Jr., having been appointed by as Substitute Trustee by instrument to be 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, Everett L. Hixson, Jr., as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on January 28, 2010 at 11:00 AM 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:

LOCATED IN THE FIRST (OUTSIDE) CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:

BEGINNING AT THE SOUTHWEST CORNER OF THE FIRST EASEMENT HEREINAFTER DESCRIBED, WHICH BEGINNING POINT IS 16.2 FEET NORTHEAST FROM A STEEL FENCE POST; AND FROM SAID BEGINNING POINT AND RUNNING WITH THE SOUTHWEST LINE OF A 50 - FOOT ROAD AND CONTINUING ON WITH THE LAND OF CROWE, SOUTH 67 DEGREES 32 MINUTES 20 SECONDS EAST, 539.2 FEET TO THE NORTHWEST LINE OF LAND OF CROWE; THENCE WITH SAID LINE OF CROWE, SOUTH 36 DEGREES 11 MINUTES 20 SECONDS WEST, 355.6 FEET TO AN IRON PIN LOCATED IN THE NORTHEAST LINE OF LAND OF RAINES; THENCE WITH SAID LINE OF RAINES, NORTH 67 DEGREES 37 MINUTES 20 SECONDS WEST, 473.6 FEET, WHICH HAS A FENCE MEANDERING ALONG OR NEAR SAID LINE, TO A NEWLY PLACED IRON PIN; THENCE WITH THE SOUTHEAST LINE OF LAND OF CROWE, NORTH 25 DEGREES 25 MINUTES EAST, 329.7 FEET TO A STEEL FENCE POST AND A SLIGHT ANGLE; THENCE CONTINUING ON WITH SAID LINE OF CROWE, NORTH 28 DEGREES 49 MINUTES EAST, 16.2 FEET TO THE BEGINNING, AND CONTAINING 4 ACRES, AS SHOWN BY SURVEY OF JIMMY L. RICHMOND, TENNESSEE LICENSE NO. 917, CLEVELAND, TENNESSEE, DATED 26 FEBRUARY 1992 AND REVISED 7 DECEMBER 1992.

ALSO CONVEYED HEREWITH IS A 50-FOOT NON-EXCLUSIVE PERPETUAL RIGHT-OF WAY EASEMENT MORE PARTICULARLY DESCRIBED AS BEGINNING ON AN IRON PIN LOCATED AT THE WESTERN OR SOUTHWESTERNMOST CORNER OF LAND OF EVERETT ( AS RECORDED IN DEED BOOK 146, PAGE 353); AND FROM SAID BEGINNING POINT AND RUN THENCE WITH THE SOUTHWEST LINE OF THE DEAD-END OF THE HEREINAFTER SECOND DESCRIBED NON-EXCLUSIVE EASEMENT, NORTH 42 DEGREES 14 MINUTES WEST, 51.8 FEET TO AN IRON PIN LOCATED IN THE SOUTHERNMOST LINE OF LAND OF CROWE; THENCE IN A WESTERLY DIRECTION 135 FEET, MORE OR LESS, TO AN ANGLE; THENCE WITH THE SOUTHEAST LINE OF SAID CROWE LAND, SOUTH 37 DEGREES 45 MINUTES WEST, 86.9 FEET TO AN ANGLE; THENCE CONTINUING ON WITH SAID LINE OF CROWE, SOUTH 28 DEG. 49` WEST, 242.4 FEET TO THE NORTHWESTERNMOST CORNER OF THE MAIN 4-ACRE TRACT ABOVE; THENCE WITH THE NORTHEAST LINE OF SAID TRACT ABOVE, SOUTH 67 DEGREES 37 MINUTES 20 SECONDS EAST, 232.85 FEET TO AN ANGLE; THENCE CONTINUING ON NORTH 37 DEGREES 45 MINUTES EAST, 60.3 FEET TO AN ANGLE; THENCE IN AN EASTERLY DIRECTION 144.1 FEET TO A CORNER; THENCE APPROXIMATELY NORTH 27 DEGREES 56 MINUTES EAST, 11.25 FEET TO THE BEGINNING AND BEING 50 FEET IN WIDTH THROUGHOUT.

ALSO CONVEYED IS A SECOND 50 FOOT RIGHT-OF-WAY EASEMENT WHICH BEGINS ON AN IRON PIN IN THE SOUTHWESTERN OR WESTERNMOST CORNER OF LAND OF EVERETT, AND RUN THENCE NORTH 42 DEGREES 14 MINUTES WEST, 51.8 FEET; THENCE APPROXIMATELY NORTH 27 DEGREES 56 MINUTES EAST, 611 FEET, MORE OR LESS, TO THE SOUTHWEST LINE OF THE COUNTY ROAD KNOWN AS THE GEORGE BATES ROAD EXTENSION, AND SAID RIGHT-OF-WAY`EASEMENT EXTENDS BACK IN AN EASTERLY DIRECTION 50 FEET IN WIDTH THROUGHOUT, AND SAID EASEMENT IS NON-EXCLUSIVE AND PERPETUAL.

NO NEW BOUNDARY LINE SURVEY WAS PERFORMED AT THE TIME OF THIS CONVEYANCE.

SUBJECT TO ANY AND ALL APPLICABLE RESTRICTIONS, EASEMENTS, SETBACK LINES AND OTHER CONDITIONS OF RECORD IN THE REGISTER`S OFFICE FOR POLK COUNTY, TENNESSEE.

BEING THE SAME PROPERTY CONVEYED TO DANNY PARKER AND WIFE, MARIE PARKER BY WARRANTY DEED DATED 12/15/92 AND RECORDED ON 12/22/92 IN BOOK 161, PAGE 301, IN THE REGISTER`S OFFICE FOR POLK COUNTY, TENNESSEE.

PROPERTY ADDRESS: The street address of the property is believed to be 215 Hart Lane, 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): Danny Parker and Marie Parker

OTHER  INTERESTED PARTIES: Mortgage Electronic Registration System, Inc. as nominee for Specialized Loan Servicing, LLC, Discover Bank Issuer of Discover Card

 

 

 

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 us or purpose.

 

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

Everett L. Hixson, Jr., Substitute Trustee

Rubin Lublin Suarez Serrano, LLC

One Park Place, Suite 380

6148 Lee Highway

Chattanooga, TN 37421

WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP

Tel: (888) 890-5309

Fax: (423) 296-1882

 


NOTICE OF SUBSTITUTE TRUSTEE`S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated November 20, 2006, executed by  Jennis L. Mealer and Jeanna Mealer, conveying certain real property therein described to Arnold M. Weiss, as Trustee, as same appears of record in the Register's Office of Polk County, Tennessee recorded on March 1, 2007 at Book/Instrument No. TD353,  Page 50-68; and

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to The Bank Of New York Mellon fka The Bank Of New York, As Trustee For The Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-25  who is now the owner of said debt; and

WHEREAS, the undersigned, Everett L. Hixson, Jr., having been appointed by as Substitute Trustee by instrument to be 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, Everett L. Hixson, Jr., as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on February 4, 2010 at 11:00 AM 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 CERTAIN PARCEL OF LAND SITUATED IN THE THIRD CIVIL DISTRICT, COUNTY OF POLK, STATE OF TENNESSEE, BEING KNOWN AND DESIGNATED AS FOLLOWS:

BEGINNING AT AN IRON PIN, SAID IRON PIN BEING A COMMON CORNER BETWEEN THE PROPERTY HEREIN CONVEYED, THE PROPERTY OF KATHLEEN MEALER SELF AND THE PROPERTY OF ROBERT BARNES; THENCE IN A NORTHERLY DIRECTION A DISTANCE OF 210 FEET MORE OR LESS TO AN IRON PIN, SAID IRON PIN BEING A COMMON CORNER BETWEEN THE PROPERTY HEREIN CONVEYED, THE PROPERTY OF ROBERT BARNES AND OTHER PROPERTY OF CARL MEALER; THENCE IN AN EASTERLY DIRECTION A DISTANCE OF 214 FEET, MORE OR LESS, TO AN IRON PIN THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF 210 FEET, MORE OR LESS, TO AN IRON PIN, SAID IRON PIN BEING A COMMON CORNER BETWEEN THE PROPERTY HEREIN CONVEYED THE PROPERTY OF KATHLEEN MEALER SELF AND THE PROPERTY OF CARL MEALER; THENCE IN A WESTERLY DIRECTION A DISTANCE OF 214 FEET, MORE OR LESS, TO A POINT OF BEGINNING.

BEING THE SAME PROPERTY AS CONVEYED FROM JENNIS L. MEALER TO JENNIS L. MEALER AND JEANNA MEALER, HUSBAND AND WIFE, AS DESCRIBED IN DEED BOOK 231 PAGE 124, DATED 03/27/2004, RECORDED 4/5/2004 IN POLK COUNTY RECORDS.

TAX/PARCEL ID: 125-49.02

PROPERTY ADDRESS: The street address of the property is believed to be 136 Nicole Road, Copperhill, TN 37317. 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): Jeanna Mealer, Jennis L. Mealer

OTHER  INTERESTED PARTIES:

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 us or purpose.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

Everett L. Hixson, Jr., Substitute Trustee

Rubin Lublin Suarez Serrano, LLC

One Park Place, Suite 380

6148 Lee Highway

Chattanooga, TN 37421

WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP

Tel: (888) 890-5309

Fax: (423) 296-1882

 

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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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