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NOTICE TO CREDITORS

 

ESTATE OF THOMAS GRADY CHASTAIN, Deceased

 

Notice is hereby given that on the 30^th day of April 2010, Letters of Administration for the Estate of Thomas Grady Chastain, now deceased as of 6^th day of November, 2009, were issued to the undersigned June Patterson, by the Probate Court of Polk County, Tennessee.

All parties, whether residents of Tennessee or otherwise, who have claims, whether matured or not, against said Estate, are required to file proof of claim with the Clerk of the Chancery Court within 4 months from the date of the first publication of this Notice, or twelve (12) months from decedent’s date of death, whichever comes first, or otherwise said claims shall forever barred.

 

This 30^th day of April, 2010

 

June Patterson, Administrator

Madonna M. Powers, Attorney for Estate

Kimberly A. Ingram, Clerk

To be ran: 5/26, 6/2

 

 

BID NOTICE

 

Copper Basin Utility District is accepting bids for property approximately 1 50X100 ft. with a 1000,000 gallon concrete water reservoir which has been condemned by the state. Please submit all bids at the water plant office or mail to Copper Basin Utility District2597 Hwy. 68, Turtletown, TN 37391.

 

 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 October 21, 2005, and the Deed of Trust of even date securing the same, recorded October 25, 2005, at Book TD327, Page 480 in Office of the Register of Deeds for Polk County, Tennessee, executed by April M. Hooper and Ricky J. McClure, conveying certain property therein described to Andrew Valentine, Esq. as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for American Home Mortgage and American Home Mortgage'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 July 12, 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:

In the First Civil District of Polk County, Tennessee, just East of Benton and being more particularly described as follows:

Beginning at the Southwest corner of the tract at an iron stake in the East side of Gravel Road line with land of Roy Lawson; thence running North 30 degrees 56 minutes East 653.29 feet to an iron stake corner; thence South 57 degrees 03 minutes East with fence 601.42 feet to an iron pin; thence South 80 degrees 37 minutes West 969.80 feet to the Point of Beginning, in a triangular shape.

Less and except that portion of land in Book 87, Page 27 and Book 79, Page 383.

Together with and subject to an Easement conveyed for ingress and egress from Benton-Parksville Road, Northward along said Gravel Road at line of land of Roy Lawson, for the 10 feet road right of way, to the above bounded tract.

Together with and subject to a 10 foot right of way 112.6 feet in length leading from Southwest corner of Emmitt Dalton property.

Also included is a 1988 North River Mobile Home, 28 x 56, Serial No. 2856704AB which is affixed to the property and is a permanent fixture.

For prior title see Deed recorded in Deed Book 225, Page 110, in the Register's Office of Polk County, Tennessee.

This conveyance made subject to the following:

Any governmental zoning and subdivision ordinances in effect thereon.

Subject to any covenants, conditions, restrictions, reservations or easements of record.

ALSO KNOWN AS:  2124 Parksville Road, Benton, Tennessee 37307-3800

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:  April M. Hooper; Ricky J. McClure

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. 717-188189

 

DATED May 17, 2010.

 

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

Successor Trustee

Insertion Dates: May 19, May 26, June 2, 2010

 

 

SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE

 

WHEREAS, by Trust Deed dated the 30^th day of September, 2008, David Chris Pfund did convey in trust certain land therein described to secure the original principal amount of Forty-One Thousand, Ninety-Two and 59/100 ($41,092.59) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of Trust was duly recorded on October 6, 2008 in Trust Deed Book 386, pages 202-210 in Trust Deed Book 386, pages 202-210 in the Register of Deeds Office, Polk County, Tennessee, said Deed of Trust and Promissory Note made payable to United Community Bank.

WHEREAS, the owner and holder of said note in accordance with the powers vested in it did appoint Laura M. Crawford as Substitute Trustee by Instrument recorded on April 6, 2010 in Miscellaneous Book 136, pages 7-8 in the Register of Deeds Office, Polk County, Tennessee; and

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 thereof become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclosure 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 3^rd day of June, 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 and in bar of the equities of redemption, dower and homestead, the following described real estate known as 220 Parks Drive, Ducktown, Third Civil District of Polk County, Tennessee, to wit:

All that tract or parcel of land lying and being in the Third Civil District and about 2 miles North of Ducktown, Tennessee near Tennessee State Highway No. 68, and that part being conveyed is described as follows: BEGINNING at an iron peg on the South side of a county road (said iron peg marking the Northeast corner of Park Burger land), and running a Southern direction with said Burger line to an iron peg marking the Southeast corner of said Burger premises; thence, Eastern direction with the line of Norbert Price’s to said Burger premises; thence, Easter direction with the line of Norbert Price’s to an iron peg marking the Southwest corner of Larry Carter’s land; thence in a Norther direction with Larry Carter’s line to an iron peg and Carter’s Northwest corner at the said County road; thence Western direction with said County road to the POINT OF BEGINNING, containing 5 acres of land, more or less.

Subject to electric line right-of-way easement to Tri-State Electric Cooperative recorded in Polk County Records in Deed Book 57, page 492.

Subject to conveyance of right of ingress and egress as shown in Warranty Deed recorded in Polk County Records in Warranty Deed Book 89, page 390.

Subject to applicable governmental zoning ordinances, Polk County, Tennessee Subdivision Regulations, and right of ingress, egress and utility service as shown in Warranty Deed recorded in Polk Records in Deed Book 42, Pages 343-343.

Being the same property conveyed to David Chris Pfund by Warranty Deed from Sharyn Studstill recorded on May 31, 2005 in Warranty Deed Book 237, pages 477-479 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 May 12^th, 19^th, and 26^th, 2010.

Witness my hand this 7^th day of May, 2010.

 

Laura M. Crawford, Attorney at Law

P.O.  Box 930, 337 Main Street

Ducktown, TN 37326

(423) 496-3603

To be ran: May 12, 19, 26 2010

 

 

NOTICE OF FORECLOSURE SALE

 

 

STATE OF TENNESSEE, POLK COUNTY

 

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed on September 16, 2002 by Lester Franklin McNair and wife, Jerrilyn McNair to Branch Banking and Trust Company, Lender and BB&T Collateral Service Corporation, Trustee(s), which was recorded on October 17, 2002, in Book TD279, at Page 544, Polk County, Tennessee Register of Deeds.

WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current owner and holder of said Deed of Trust, Branch Banking and Trust Company, (the “Owner and Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds 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 as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on June 4, 2010, at 11:00AM at the usual and customary location at 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:

SURFACE ONLY

A certain tract or parcel of land being located off of Old Stansbury Road and off of Cavendar Road, Turtletown, 3rd Civil District, Polk County, Tennessee.  Said tract being a part of Section No. 24, Fractional Township 3, South Range 5 East of the Ocoee Basis Line and being  designated as Tract 120-D and containing 5.01 acres of land, more or less as shown on a survey plat dated February, 2002 for James Small and wife, Millicent Small by Phillip G. Allen, Tennessee Regsitered Land Surveyor #1530, 1400 East Pine Ridge Road, Murphy, North Carolina 28906, phone (828) 494-7791, and being more particularly described as follows:

BEGINNING at an iron pin located in the centerline of a proposed 18 foot private road, said point also line common to Lot 120-C. From said point of beginning, along a line common to Lot 120-C, thence South 58 deg. 23’04” East, a distance of 325.85 feet to a point located on the Northeast corner of the property herein conveyed, corner common to William Dockery, Trustee, Cherokee County, NC.  Thence leaving the line common to Lot 120-C and along a line common to Dockery property, South 06 deg. 42'51" West, a distance of 316.00 feet to an iron pin located on the Southeast corner of the property herein conveyed, corner common to n/f Edward From (DB120, page 165). Thence leaving the line common to Dockery and along a line common to n/f From, North 64 deg. 09'15" West, a distance of 708.95 feet to an iron pin located on the Southwest corner of the property herein conveyed, corner common to Lot 144 of Sassafras Ridge.  Thence leaving the line common to the Edward From property and along a line common to Lot 144, North 22 deg. 42'31" East, a distance, of 362.30 feet to an iron pin located on the Northwest corner of the property herein conveyed, corner common to Lot 120-C.  Thence leaving a line common to Lot 144 and along a line common to Lot 120-C, South 58 deg. 23'04" East a distance of 302.63 feet to the point of beginning, containing 5.01 acres, more or less.

Should there be a discrepancy between the legal description herein and the aforementioned survey plat, the survey plat shall prevail.

Subject to existing easements and rights of way for public roads, if any.  Also subject to Polk County, Tennessee Subdivision Regulations, if any.

This conveyance made together with and subject to the right of ingress and egress and utility services along existing roads to the subject property as set forth on the aforecmentioned survey plat or as appearing of record.

HYDROCARBON ESTATE, gas, oil and helium etc., rights, and rights of ingress, egress heretofore reserved by Cities Service Company, in Book 108, pages 289-327 recorded in the Register of Deeds Office, Polk County, Tennessee.

Also conveyed and reserved is a non-exclusive easement acquired by deed from Shaka Kusaidi and Arike Logan-Kusaidi to Shaka Kusaidi as recorded on March 6, 2000 in Book 212, Page 605 in the in the Office of the Register of Deeds, Polk County, Tennessee. The above described easement is perpetual and a burden running with the land.

Subject to the rights of others in and to that certain easement in favor of Tri-State EMC, recorded in Book 181, Page 201, in the Register of Deeds Office, Polk County, Tennessee.

Subject to the rights of others in and to that eertain easement in favor of Tri-State EMC, recorded in Book 197, Page 296, in the Register of Deeds Office, Polk County, Tennessee.

Subject to restrictions entitled "Sassafras Ridge at Buckeye Cove Declaration of Protective Covenants and Restrictions as Amended January 13, 1996 recorded in Misc. Book 80, Page 242 in the Office of the Register of Deeds, Polk County, Tennessee   The above described restrictions are a burden running with the land.

Subject to Sassafras 2000 Land Owners Association which is attached as follows:

SASSAFRAS 2000 LAND OWNERS ASSOCIATION: Every landowner of the Sassafras 2000 Subdivision  shall be a member of the Sassafras 2000 Land Owners Association (which will be established in the year 2000) or will become a member of the Sassafras Ridge Landowners Association (currently in existence), herein after referred to as the Association.  The purpose of the Association shall be to protect and maintain the beauty and cleanliness of the land and water of SASSAFRAS 2000 and SASSAFRAS RIDGE MOUNTAIN RETREAT,  the maintenance of private roads and common areas, and the transaction of other business as is from time to time defined by the Association members.

ASSOCIATION DUES: The amount of monthly dues will be determined by the members of the Landowners Association and will be dictated by the amount needed for maintenance of private roads, common areas, and other business as deemed appropriate by its members.  Each landowner understands and agrees that road maintenance of common areas are the responsibilty of the landowner, and each landowner agrees to pay her or his pro rate share as determined by the members and officers of the Association.

RECOURSE OF THE ASSOCIATION FOR MEMBER NONPAYMENT OF DUES: The governing body of the Sassafras 2000 Landowners Association (or the Sassafras Ridge Landowners Association) may at its discretion place a lien on any tract of Sassafras 2000 property for the amount of unpaid dues that is 30 days or past due.

The above described property is located on a private road and Grantees are responsible for whatever road maintenance they desire, if any.

THIS BEING THAT SAME PROPERTY CONVEYED UNTO Lester Franklin McNair and wife, Jerrilynn McNair McNair by Warranty Deed from Lewis A. Small, dated September 19, 2002, recorded on 10/17/02, in Deed Book 223, Page 178, in the Register of Deeds Office, Polk County, Tennessee.

Parcel ID Number: 095-005.11

Said property is commonly known as Tract 120D Sassafras 2000 Subdivision, TN.

Current Owner(s): Lester Franklin McNair and Jerrilynn McNair, husband and wife.

Other Interested Party(ies): none known.

The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property 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; a deed of trust; and any matter than an accurate survey of the premises might disclose; and

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 office is attempting to collect a debt.  Any information obtained will be used for that purpose.

 

Brock & Scott, PLLC, Substitute Trustee

M.Todd Jackson, TN BPR 23455

Brock & Scott, PLLC, Substitute Trustee

c/o Tennessee Foreclosure Department

5431 Oleander Drive, Suite 200

Wilmington, NC 28403

PH: 888-251-0331 FX: (910) 392-8597

File No.: 10-10129

Publication Dates: 05/12/2010, 05/19/2010, 05/26/2010