NOTICE OF FORECLOSURE

AND SUBSTITUTE TRUSTEE'S SALE

 

Default having been made in the terms and conditions of payments, pursuant to a certain Deed of Trust executed by Robert E. Ricketts, Jr and Joan D. Ricketts, married, to Trace K. Robbins, Trustee, dated the 23^rd day of May, 2008, and being of record in  Book TD380, page 162, Register's Office for Polk County, Tennessee, referred to herein as the deed of trust, which conveyed certain real property, appurtenances, estate, title and interest therein in trust to secure the indebtedness described therein, which indebtedness is now due and unpaid and has been declared in default by the lawful owner thereof, Beneficial Tennessee, Inc.  Appointment of Substitute Trustee having been duly executed by the holder of the note and beneficiary of said Deed of Trust, and appointing William Timothy Hill as Substitute Trustee.

NOW, THEREFORE, I, William Timothy Hill, Trustee, pursuant to the said Deed of Trust, having been requested by the owner and holder of said indebtedness so to do, by virtue of the authority and power vested in me by said deed of trust and appointing of Substitute Trustee will on the 26^th day of May, 2010, at 12:00 noon, on the front door of the Polk   County Courthouse, Benton, Polk   County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured, if the holder is the successful purchaser) the following described property located in Polk   County, Tennessee, to wit:

LOTS TWELVE (12), THIRTEEN (13), FIFTY-ONE (51), and FIFTY-TWO (52), in the N. J. WILSON FARM, a Plat of which is recorded in the Register’s Office for said County in plat Book 1, Page 61, said LOTS lie in one body together and are more particularly described as BEGINNING in the Northwest line of U. S. Highway 411, 550 feet Southwest from where said line of said Highway is intersected by the Southwest line of the Parksville-Cleveland Road, on the most Southerly corner of Lot 11, as shown on said P1at, and running thence with said line of said highway, South 22 degrees 30 minutes West, 100 feet to the most Easterly corner of Lot 14; thence with the Northeast lines of Lots 14 and 50, as shown on said Plat, North 66 degrees 41 minutes West, 300 feet to the Southeast line of a 40-foot unnamed street; thence with said line of said Street, North 22 degrees 30 minutes East, 100 feet to the most Westerly corner of Lot 53, as shown on said Plat; thence with the Southwest lines of said Lots 53 and 11, South 66 degrees 41 minutes East, 300 feet to the BEGINNING, as shown by Survey of Neal Sanders dated 28 April 1972, Dwg. No. 3243.

BEING the same property conveyed to Robert E. Ricketts, Jr. unmarried, by Warranty Deed recorded 12/28/94 in Book 177, page 110, in the Register’s Office for Polk   County, Tennessee. 

This is improved property known as 3693 Hwy 411, Ocoee, Tennessee.

If there is any discrepancy with the street address, the legal description will control.

The sale is subject to liens, easements, encumbrances, property tax and other matters, if any, which are prior in right to the lien of the deed of trust subject of this foreclosure and declared to be in default by the lawful holder thereof.

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 will be deemed the successful bidder.

 

This is an attempt to collect a debt and any information obtained will be used for that purpose.

 

This 29^th  day of April, 2010.

William Timothy Hill, Substitute Trustee

Insertion Dates:   4/5/10 – 4/12/10 – 4/19/10     

 

 

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 October 20, 2005, executed by ROBERT J ZIELASKOWSKI, conveying certain real   property therein described to PRLAP, INC. as same appears of record in the Register's Office of Polk   County, on July 25, 2006, as Instrument No. 06002508, in Book TD339, at Page 422; and   WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to WELLS   FARGO BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF BANC OF AMERICA   MORTGAGE SECURITIES, INC. MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-   L, who is now the owner of said debt; and   WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., 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, N.A., 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 May 25, 2010, 1:00 PM at the Polk County courthouse door where the foreclosure sales   are customarily held At the Polk County Courthouse, Benton, TN, 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:

A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN PART OF SECTION 16, FRACTIONAL TOWNSHIP 3 SOUTH, RANGE 5 EAST  OF THE OCOEE BASIS LINE, THIRD CIVIL DISTRICT OF POLK COUNTY, TENNESSEE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:  BEGINNING ON IN IRON PIN SET AT THE NORTHWEST CORNER OF THE PROPERTY HEREIN CONVEYED, CORNER COMMON TO OTHER LANDS OF GRANTOR AND  KAPROCKI, (SAID POINT ALSO BEING LOCATED SOUTH 64 DEG 41°36" EAST A DISTANCT OF 987.61 FEET FROM AN IRON PIN FOUND 1/2" REBAR)  FROM SAID POINT OF BEGINNING, ALONG THE  LINE COMMON TO KAPROCKI SOUTH 64 DEG 41 '3 8" EAST A DISTANCE OF 406.92 FEET TO AN IRON PIN FOUND AT THE NORTHEAST CORNER OF THE PROPERTY HEREIN CONVEYED, CORNER COMMON TO KAPROCKI AND ZIELASKOWSKI (DEED BOOK 210 PAGE 478) SAID PIN ALSO BEING LOCATED ON THE LINE DIVIDING  SECTIONS 15 AND 16, THENCE LEAVING THE LINE COMMON TO KAPROCKI AND ALONG A LINE COMMON TO ZIELASKOWSKI SOUTH 24 DEG 52 ' 54 " WEST A DISTANCE OF 434.14 FEET TO AN IRON PIN FOUND AT CORNER OF ZIELASKOWSKI AND ZIELASKOWSKI (DEED BOOK 212 PAGE 165); THENCE CONTINUING SOUTH 24 DEG 52' 54" WEST A DISTANCE OF 434.14 FEET TO AN IRON FOUND AT A CORNER OF ZIEELASKOWSKI AND ZIELASKOWSKI (DEED BOOK 212 PAGE 165); THENCE CONTINUING SOUTH 24 DEG 52' 54" WEST A DISTANCE OF 634.90 FEET TO AN IORN PIN FOUND AT THE SOUTHEAST CORNER OF THE PROPERTY HEREIN CONVEYED, CORNER COMMON TO ZIELASKOWSKI (DEED BOOK 215 PAGE 144) AND SAMS (DEED BOOK 214 PAGE 132) AND OTHER LANDS OF GRANTOR,  THENCE LEAVING THE LINE GRANTOR NORTH 65  DEG 07' 06" WEST A DISTANCE OF 406.90 FEET TO AN IRON PIN SET AT THE SOUTHWEST CORNER OF PROPERTY HEREIN  CONVEYED; THENCE NORTH 24 DEG 52' 54" EAST A DISTANCE OF 1072.05 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 10.00 ACRES MORE OR LESS ACCORDING TO A PLAT OF SURVEY ENTITLED "ROBERT ZIELASKOWSKI" DATED DECEMBER 14, 2000, AS SURVEYED BY LOWELL K. BICE.     SAID SURVEY IS RECORDED AT PLAT BOOK 8 PAGE 326. IF THERE IS A   DISCREPANCY BETWEEN THE ABOVE LEGAL DESCRIPTION AND THE SURVEY,

THE   SURVEY SHALL PREVAIL.  

PROPERTY ADDRESS: The street address of the property is believed to be 459 PAGETT LANE,   TURTLETOWN, TN 37391. 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): ROBERT J ZIELASKOWSKI AKA ROBERT ZIELASKOWKI  

OTHER INTERESTED PARTIES: BANK OF AMERICA, NA  

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

RECONTRUST COMPANY, N.A., Substitute Trustee  

2380 Performance Dr, TX2-985-07-03  

Richardson, TX 75082  

Tel: (800) 281-8219   Fax: (805) 553-6392   

 TS#:10 -0043523  FEI#    1006.96712      05/05, 05/12, 05/19/2010 

 

 

 

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 February 7, 2008, executed by  William W. Forrester, conveying certain real property therein described to Robert M. Wilson, Jr., as Trustee, as same appears of record in the Register's Office of Polk County, Tennessee recorded February 26, 2008, in Deed Book TD374, Page 318-328, ; 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, Rubin Lublin Suarez Serrano TN LLC, 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, Rubin Lublin Suarez Serrano TN LLC, 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 May 27, 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:

SITUATED IN THE SECOND CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A IRON PIN SET IN THE SOUTH RIGHT-OF-WAY LINE OF RELIANCE ROAD BEING LOCATED 0.60` MI FROM THE MONROE COUNTY LINE ALSO BEING THE NORTH EAST CORNER OF LOT 5 SHOWN ON A PLAT RECORDED IN P.B. 2, PG. 155; THENCE S 65 DEGREES 46 MINUTES 38SECONDS A DISTANCE OF 684.72 FEET TO AN IRON PIN SET, SAID POINT BEING LOCATED NORTH 65 DEGREES 46 MINUTES 38 SECONDS WEST 697.00 FEET FROM 3/4" PIPE BEING THE NORTHEAST CORNER OF LOT 5; THENCE SOUTH 24 DEGREES 59 MINUTES 29 SECONDS WEST A DISTANCE OF 297.91 FEET TO AN IRON PIN SET SAID POINT BEING LOCATED 65 DEGREES 39 MINUTES 52 SECONDS WEST 695.00 FEET FROM A U.S. FOREST SERVICE CORNER, THENCE NORTH 64 DEGREES 39 MINUTES 52 SECONDS WEST A DISTANCE OF 848.39 FEET WITH THE RIGHT OF WAY LINE OF RELIANCE ROAD NORTH 47 DEGREES 05 MINUTES 37 SECONDS EAST A DISTANCE OF 107.60 FEET; THENCE WITH A CURVE TURNING THE RIGHT WITH AN ARC LENGTH OF 222.95 FEET WITH A RADIUS OF 545.00 FEET WITH A CHORD BEARING OF NORTH 58 DEGREES 45 MINUTES 47 SECONDS EAST WITH A CHORD LENGTH OF 221.40 FEET, WHICH IS THE POINT OF BEGINNING HAVING AN AREA OF 5.21 ACRES. BEING A PORTION OF LOT 5 RECORDED IN PB 2, PAGE 155.

MORE COMMONLY KNOWN AS: 2610 TELLICO ROAD, RELIANCE, TN. 37369.

BEING THE SAME PREMISES AS CONVEYED IN DEED FROM HELEN A. DALTON, WIDOW AND UNMARRIED RECORDED 5/11/04 IN DOCUMENT NUMBER 04001614, BOOK WD231, PAGE 469 IN SAID COUNTY AND STATE.

PROPERTY ADDRESS: The street address of the property is believed to be 2610 Tellico Reliance Road, Reliance, TN 37369. 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): William W. Forrester

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.

 

Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee

119 S. Main Street, Suite 500

Memphis, TN 38103

www.rubinlublin.com/property-listings.php

Tel: (888) 890-5309

Fax: (404) 601-5846

 

NOTICE TO CREDITORS

 

Estate of Franklin Eugene Crago (Deceased)

 

Notice is hereby given that on the 29^th day of April, 2010, Letters Testamentary in respect to the Estate of Franklin Eugene Crago, deceased, who died March 12, 2010 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 Franklin Eugene Crago’s Estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication or posting of this notice or twelve (12) months from the Decedent’s death, otherwise their claims will be forever barred.

 

This 29^th day of April, 2010.

 

Signed Ryan D. Crago (Personal Representative/Administrator)

Estate of Franklin Eugene Crago, Deceased

 

Attorney: B. Prince Miller, Jr.

P.O. Box 866

Cleveland, TN 37364-0866

(423) 479-4842

NOTICE TO CREDITORS

 

In the matter of: The Estate of Effie Patterson, Deceased

 

Notice is hereby given that on the 30^th day of April, 2010, Letters of Administration in respect to the estate of Effie Patterson, deceased, 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 his/her estate are required to file same with the Clerk of the Chancery Court within four (4) months from the date of the first publication of this notice, otherwise their claims will be forever barred.

This 19^th day of March, 2010

Estate of Effie Patterson

Loretta Brucciani, Administrator

 

Attorney for Administrator:

Laura M. Crawford, BPR #021440

337 Main Street, P.O. Box 930

Ducktown, TN 37326

(423) 496-3603

PUBLIC MEETING NOTICE

The second quarter meeting of the Joint Executive Committee and Full Board of the Polk County Joint Economic and Community Development Board will be held on Friday, May 14, at 10:00 a.m. at the Polk County Courthouse. The public is invited.  Information regarding the meeting or accessibility for the disabled should be addressed to the Office of the County Executive, 423/338-4527.   TTY/TDD users please dial (800) 640-4636.

 

PUBLIC NOTICE OF AUCTION

 

J & J Towing will have public auction for the following abandoned vehicle May 15, 2010 between 9:30 a.m. and 10:00 a.m. at 173 County Rd. 968 Delano, TN, 37325: White 1994 Mazda 929 4-door, vin#JM1HD4612R10016.

 

NOTICE TO CREDITORS

 

Estate of Randall Farrell Lee, Late of Polk County, Tennessee

 

Notice is hereby given that on the 15^th day of April, 2010, Letters of Administration in respect to the Estate of Randall Farrell Lee, deceased were issued to the undersigned by the Probate Court of Polk County, Tennesse on the 15^th day of April, 2010.

All persons, residents and non-residents, having claims, matured or unamatured against his Estate are required to file the same with the Clerk of the above-named court within four (4) months from the date of first publication of this notice, otherwise their claim will be forever barred.

All persons indebted to the above Estate must come forward and make proper settlement with the undersigned at once.

This 15^th day of April, 2010.

Signed: Kimberly A. Ingram, Clerk

Estate of Randall Farrell Lee

By: Frank Lee

By: Janet D. Lee

Co-Personal Representatives

 

To be ran: 4/28, 5/5

NOTICE TO CREDITORS

 

IN RE: ESTATE OF JERALD ROSS MCNELLEY

 

Notice is hereby given that on the 9^th day of April, 2010, letters of Administration for the Estate of Jerald Ross McNelley who died on February 25, 2010, 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 the estate are required to file their claims with the Clerk and Master of the Chancery Court of Polk County within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred. The address of the Clerk and Master is Polk County Clerk & Master’s Office, P.O. Box 689, Polk County Justice Center, Rm 110, Benton, TN 37307.

This 9^th day of April, 2010.

 

Signed: Samuel E. McNelley

Personal Representative

Estate of Jerald Ross McNelley

 

Richard Banks & Associates, P.C.

Andrew B. Morgan, BPR ##026879

Attorney for the Estate

620 Church St. N.E.

Cleveland, TN 37364-1515

423-479-4188

 

To be ran: 4/28, 5/5