WHEREAS, by Deed of Trust
dated September 17, 2009, and recorded on September 29, 2009, in Book TD401,
Page 218, in the Register's Office of Polk County, Tennessee ("Register's
Office"), as modified by Modification Agreement dated December 30,
2009, and recorded on February 10, 2010 in Book TD406, Page 126 in the
Register's Office (collectively, the "Deed of Trust"), KILEY
R. WARD ("Borrower") conveyed to PROFESSIONAL TITLE SERVICES,
INC., of Cleveland,Bradley
County, Tennessee, Trustee for the benefit of BOWATER EMPLOYEES CREDIT UNION
("BECU"), the property therein described (the "Property"),
to secure payment of an Adjustable Rate Note dated September 17, 2009, executed
by Borrower in the original principal amount of One Hundred Thirty Seven
Thousand Three Hundred Fifty and 00/100 Dollars ($137,350,00), in favor of BECU
(the "Note").
WHEREAS, Jeffrey W. Maddux,
was appointed successor Substitute Trustee under the terms of the Appointment
of Substitute Trustee executed by BECU on June 15, 2010, and recorded on June
22, 2010, in Book MS136, Page 493, in the Register's Office with all the
rights, powers and privileges of the original Trustee named in the Deed of
Trust; and
WHEREAS, default having
been made in the payment of the Note which remains unpaid and secured by the
Deed of Trust and in the performance of covenants contained in the Deed of
Trust to which reference is made for recital of terms and conditions, and
wherefore BECU, the lawful owner and holder of the Note and Deed of Trust, has
declared the entire balance thereon due and payable;
NOW, THEREFORE, pursuant to
the authority vested in me as Substitute Trustee, I shall, at the request of
the owner and holder of the Note and Deed of Trust, at 10:00 a.m. EST on July
21, 2010, offer for sale at public
outcry to the highest and best bidder for cash, at the front door of the Polk
County Courthouse, in the City of Benton, Polk County, Tennessee, in bar of all
statutory and common law equities of redemption, dower and homestead and all
other rights and exemptions of every kind, the following described real estate
located in Polk County, Tennessee and commonly known as 199 Horton Bridge Road,
Benton, Tennessee:
LYING along the Northeast side of Horton
Branch Road, and being more particularly described as BEGINNING at an iron pin
set in the Northeast side of Horton Branch Road, same lying 50 feet South 65
degrees 27 minutes East from a second iron pin marking the South corner of
Louise Pope property (DB 79, page 352), said first iron pin marking the
Southwest comer of the property herein conveyed: FROM SAID POINT OF BEGINNING
along the following three severance lines: North 26 degrees 00 minutes East,
940.00 feet to an iron pin corner; South 65 degrees 27 minutes East, 278.00
feet to an iron pin corner; South 26 degrees 00 minutes West, 940.00 feet to an
iron pin set in the Northeast side of Horton Branch Road; thence with Horton
Branch Road, North 65 degrees 27 minutes West, 278.00 feet to the point of
BEGINNING. Being designated as Tract 2 and containing 6.0 acres, according to
that survey of Troy Slack, TRLS #680, Englewood, TN 37329, same undated and
being DWG No. 96-140
Legal description is taken from prior deed.
Being the same real estate conveyed to
Kiley R. Ward, Unmarried, by deed dated December 26, 2007 and recorded in Deed
Book 254, page 391, in the Register's Office of Polk County, Tennessee. SEE
ALSO Deed recorded in Deed Book 258, page 249, in the said Register's Office.
SUBJECT to Restrictive covenants as set out
in Deed recorded in Deed Book 216, page 397, and prior deed, in the said
Register's Office, but omitting any covenants or restrictions, if any, based
upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income,
as set forth in applicable state or federal laws, except to the extent that
said covenant or restriction is permitted by applicable law.
Subject to Right of Way Deed as set out in
instrument recorded in WD Book 128, Page 309, in the Register's Office of Polk
County, Tennessee.
SUBJECT to Power line easement as shown on
survey of Troy Richard Slack.
Polk County taxes for year 2009 are
delinquent and now due and payable in the amount of $699.00, plus penalty and
interest.
Polk County taxes for the year 2010 are a
lien not yet due and payable.
Map Parcel No. 036-03510-000.
The sale will be made
subject to all prior liens, easements, covenants, conditions, encumbrances, and
restrictions that may exist, including, without limitation, any unpaid ad
valorem taxes or other taxes, and also subject to any right to redemption that
may otherwise exist. The Substitute Trustee makes no covenant of warranty or
seizing, but will sell and convey as Substitute Trustee only.
The sale will be made for the purpose of
paying the indebtedness secured by the Deed of Trust and the proceeds thereof
will be applied as provided by the terms of the Deed of Trust.
This 24th day of June, 2010.
Jeffrey W. Maddux
Substitute Trustee
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 6, 2006,
executed by WYLISSA BRADLEY SHELTON, conveying certain real property therein
described to ROBERT M. WILSON, JR. as same appears of record in the Register's
Office of Polk County, on November 16, 2006, as Instrument No. 06003988, in
Book TD346, at Page 273; and
WHEREAS, the beneficial interest of said Deed of Trust
was last transferred and assigned to WELLS FARGO BANK, N.A. AS TRUSTEE OF THE
HARBORVIEW 2006-12 TRUST FUND BY BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE
HOME LOANS SERVICING LP, BY BAC GP, LLC, ITS GENERAL PARTNER, AS
ATTORNEY-IN-FACT. 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 on March 17, 2010, as
Instrument No. 10000679, in Book MS135, at Page 403. 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 July 13, 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:
THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:A certain tract or parcel of land
situated about three (3) miles from the town of Benton, Tennessee, County of
Polk, First Civil District, and on the West side of the Oak Grove Road.
BEGINNING at an iron pin corner in the right-of-way
line of the said Oak Grove Road where the land herein conveyed corners with
George Ward; Thence running North with said road right-of-way line One Hundred
and Seventy-five (175) feet more or less, to an iron pin corner; thence running
West parallel with the North line of George Ward Two Hundred and Thirty (230)
feet, more or less, to an iron pin corner in the line of Guthrey; thence
running South with line said Guthrey; One Hundred Seventy-five feet, more or
less, to the line of George Ward; thence East with said George Ward line Two
Hundred and Thirty (230) feet, more or less, to the point of beginning.
PROPERTY ADDRESS: The street address of the property is
believed to be 459 OAK GROVE RD, BENTON, TN 37307-4414. 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): WYLISSA BRADLEY SHELTON AKA WYLISSA
JANELLE SHELTON OTHER INTERESTED PARTIES: (1) CHASE MORTGAGE COMPANY (2) MERS
(3) COUNTRYWIDE BANK, 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.
Sale at public auction will be on
July 14, 2010 at 10:00 AM local time, at the west door, Polk County Courthouse,
Benton, Tennessee pursuant to Deed of Trust executed by Glen O. Rogers, joined
by his wife, Eva LaMeesa Rogers, to David S. Humberd, Trustee, on September 30,
2004 at Book TD311, Page 335; conducted
by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk
County Register's Office.
Owner of Debt: JPMorgan Chase
Bank, National Association
The following real estate located
in Polk County, Tennessee, will be sold to the highest call bidder subject to
all unpaid taxes, prior liens and encumbrances of record:
Described property located in the
First (1st) Civil District of Polk County, Tennessee, and more particularly
described as follows:
BEGINNING at an iron pin in the east line of Parksville Road, said iron pin
marking the southwest corner of Joseph Thomasson, being the property acquired
in Deed Book 151, Page 32; thence South 65 degrees 28 minutes East, 1151.00
feet to the beginning point; thence from the beginning point and traveling
along the line of Benny Rogers, South 65 degrees 28 minutes East, 1143.76 feet;
thence South 25 degrees 53 minutes West, 283.42 feet; thence North 73 degrees
15 minutes West, 270.00 feet; thence North 68 degrees 27 minutes West, 82.87
feet; thence North 60 degrees 40 minutes West, 209.63 feet; thence North 39
degrees 44 minutes West, 55.44 feet; thence North 27 degrees 18 minutes West,
77.60 feet to a point; thence North 14 degrees 28 minutes West, 90.19 feet to a
point; thence North 18 degrees 38 minutes West, 66.66 feet; thence North 27
degrees 03 minutes West, 99.06 feet; thence North 36 degrees 17 minutes West, 42.18
feet to a point; thence North 53 degrees 51 minutes West, 50.77 feet to a
point; thence North 64 degrees 43 minutes West, 192.56 feet; thence North 03
degrees 55 minutes East, 22.36 feet to the point of beginning.
TOGETHER WITH AND SUBJECT TO a 50 foot perpetual, non-exclusive road right of
way easement, including the right to place utilities thereupon, beginning at an
iron pin in the east line of Parksville Road at the southwest corner of Joseph
Thomasson, being the property acquired in Deed Book 151, Page 32; thence South
65 degrees 28 minutes East, 1151.00 feet to a point; thence South 3 degrees 55
minutes West, 50 feet, more or less, to a point; thence North 65 degrees 28
minutes West, 1151.00 feet, more or less, to a point in the line of Parksville Road;
thence along the line of ParksviIle Road in a Northeasterly direction 50 feet,
more or less, to the beginning point.
Street Address: 1468 Parksville
Road, Benton, TN 37307
Current Owner(s) of Property:
Glen O. Rogers and wife, Eva LaMeesa Rogers
Other interested parties: Bowater
Employees Credit Union, First Volunteer Bank of Tennessee and First Volunteer
Bank of Tennessee
The street address of the above
described property is believed to be 1468 Parksville Road, Benton, TN 37307,
but such address is not part of the legal description of the property sold
herein and in the event of any discrepancy, the legal description herein shall
control.
SALE IS SUBJECT TO TENANT(S)
RIGHTS IN POSSESSION.
All right of equity of
redemption, statutory and otherwise, and homestead 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.
If the highest bidder cannot pay
the bid within twenty-four (24) hours of the sale, the next highest bidder, at
their highest bid, will be deemed the successful bidder.
This property is being sold with
the express reservation that the sale is subject to confirmation by the lender
or trustee. This sale may be rescinded at any time.
This office is a debt
collector.This is an attempt to
collect a debt and any information obtained will be used for that purpose.
WHEREAS, default has occurred in the performance of the
covenants, terms, and conditions of a Deed of Trust Note dated September 27,
2006, and the Deed of Trust of even date securing the same, recorded September
29, 2006, at Book TD344, Page 18 in Office of the Register of Deeds for Polk
County, Tennessee, executed by Jeffrey A. Duke and April L. Duke, conveying
certain property therein described to Larry A. Weissman as Trustee for Mortgage
Electronic Registration Systems, Inc., as a separate corporation that is acting
solely as a nominee for Suntrust Mortgage, Inc. and Suntrust Mortgage, Inc.'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 19, 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 following described real estate in the First Civil
District of Polk County, Tennessee, to-wit:
Beginning at an iron pin in the West line of land now
or formerly owned by Copeland and the East line of Couey, said iron pin being
South 22 degrees 30 minutes West 400.8 feet, more or less, from the South side
of Highway 64; and from said Beginning Point go thence South 23 degrees 00
minutes West along the West line of land now or formerly owned by Copeland
209.11 feet to an iron pin; thence North 56 degrees 41 minutes West 204.15 feet
to an iron pin; thence North 21 degrees 12 minutes East 208.28 feet to an iron
pin; thence South 57 degrees 14 minutes East 210.46 feet to the point of
Beginning as shown on survey of Richmond Surveying Company dated October 17,
1989.
There is also conveyed a right-of-way casement for
ingress and egress leading from the Northeast corner of the above described
property to the South side of U. S. Highway 64, said easement beginning at the
Northeast corner of the tract hereinabove described; thence North 57 degrees 14
minutes West 20 feet to a point; thence North 22 degrees 30 minutes East 400
feet, more or less, to the South side of Highway 64; thence Southeasterly along
the South line of Highway 64, 20 feet to a point; thence South 22 degrees 30
minutes West 400.8 feet, more or less, to the beginning point of said easement.
There is also conveyed a right-of-way easement for
ingress and egress more particularly described as Beginning at a point in the
South side of Highway 64, said point also being located in the Western line of
a 20 foot right-of-way as described in Deed Book 110, Page 189, and Deed Book
101, page 133, in the said Register's Office; thence North 57 degrees 14
minutes West 25 feet to a point; thence South 22 degrees 30 minutes West 400
feet, more or less, to a point; thence South 57 degrees 14 minutes East 25 feet
to a point in the Western margin of said 20 foot right-of-way thence along and
with said 20 foot right-of-way North 22 degrees 30 minutes East 400 feet, more
or less, to the point of Beginning as shown on survey of Richmond Surveying
Company dated October 17, 1989.
Subject to any governmental zoning and subdivision
ordinances or regulations in effect thereon.
ALSO KNOWN AS:590 Highway 64, Ocoee, Tennessee 37361
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:Jeffrey A. Duke; April L. Duke
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. 700-187902
DATED June 18, 2010.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: June 23, June 30, July 7, 2010
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 April 30, 2004,
and the Deed of Trust of even date securing the same, recorded May 20, 2004, at
Book TD 305, Page 501 in Office of the Register of Deeds for Polk County,
Tennessee, executed by Gary S. Mantooth Mary Mantooth William Gary Mantooth and
Mary Janice Mantooth, conveying certain property therein described to Tim
Callaway as Trustee for CitiFinancial, Inc.; 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 19, 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 following described real estate located in the
First Civil District of Polk County, Tennessee, to-wit:
Beginning on an iron pin, same being set in the
southeasternmost line of the Wilcox Road at a corner with land of Bobby
Wilcoxon on from said iron pin place of beginning, run with the
southeasternmost line of land of Bobby Wilcoxon, thence North 23 degrees 55
minutes East, 176.25 feet to an iron pin corner with land of Carroll Ratcliff,
South 65 degrees 16 minutes East, 335.00 feet to an iron pin corner, thence
with the northwestern line of the lands of Carroll Ratcliff, South 23 degrees
55 minutes West, 874.19 feet to an iron pin set in the northernmost line of the
Ball Play Road; thence with the northernmost line of said Ball Play Road, North
83 degrees 47 minutes West, 115.94 feet to a point; thence leaving said road,
North 65 degrees 16 minutes West, 221.74 feet, the southeasternmost line of the
Wilcox Road, North 26 degrees 14 minutes East, 575.61 feet to the beginning of
a curve; thence with and along the angle of the curve in a northwestern arc and
along a radius of 406.10 feet, tangent 82.54 feet, an arc distance of 162.86
feet to the place of beginning, and containing 6.7 acres, all as shown by
survey of Cleveland Surveying Company, dated 3-15-89.
ALSO KNOWN AS:142 Kirby Lane, Old Fort, Tennessee 37362
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:Gary S. Mantooth; Mary Mantooth; William Gary Mantooth; Mary
Janice Mantooth; Benton Banking Company
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. 787-101386
DATED June 18, 2010.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: June 23, June 30, July 7, 2010
NOTICE OF BIDS
The
City of Ducktown is excepting bids for roof and structural repairs of building
located on Main Street. Interested contractors should contract City Hall at
423-496-3546 to set up appointment for walk through and receive bid sheet. Bids
must be received no later than 4:00 pm July 1st for bid opening at
7:00 pm during regular commission meeting. City of Ducktown reserves the right
to except any or all bids.
James Talley, Mayor
NOTICE TO CREDITORS
Notice is hereby given that on the 21st day
of June, 2010, Letters of Administration in respect of the estate of Thomas
Howard Linderman, who died April 27, 2010 were issued to the undersigned by the
Chancery Court (Probate Division) of Polk County, Tennessee. All persons,
resident and non-resident, having claims, matured or unmatured, against the
estate are required to file the same with thhe Clark of the Chancery Court
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.
This 21st day of June, 2010.
Joy Stillwell, Administrator
Janet Swallows, Administrator
Attorney: Laura M. Crawford, BPR #021440
Attorney for Administrators
337 Main Street, P.O. Box 930
Ducktown, TN 37326
(423) 49-3603
To be ran: 6/23, 6/30
NOTICE TO CREDITORS
In the matter of the Estate of: Oliver Raymond Spurling
(Deceased)
Notice is hereby given that on the 9th day
of June, 2010, a Small Estate Affidavit in respect of the estate of Oliver
Raymond Spurling, deceased, has been filed in the Probate Court of Polk County,
Tennessee.
All persons, resident and non-resident, having claims,
matured or un-matured, against estate are required to file same with the Clerk
of the above named Court within the earlier of 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 willbe forever barred.
This 9th day of March, 2010.
Heather D. Spurling, Personal Representative
Estate of Oliver Raymond Spurling, Deceased
Attorney Paul L. Smith
114 1/2 E. Washington Ave.
Athens, TN 37303
To be ran: 6/23, 6/30
NOTICE TO CREDITORS
In the matter of the estate of: Roy Duane Branum,
Jr., Deceased
Notice is hereby given that on the 4th
day of June, 2010, Letters of Administration in respect of the estate of Roy
Duane Branum, Jr., deceased, were issued to the undersigned by the Probate
Court of Polk County, Tennessee.
All persons, resident and non-resident, having
claims, matured or un-matured, against estate are required to file same with
the Clerk of the above named Court 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.
This 4th day of June, 2010
Signed: Rita P. Branum, Personal Representative
Estate of: Roy Duane Branum, Jr., Deceased
Attorney for the Estate:
E.L. Parker, III (BPR#005321)
420 North Tennessee Avenue
P.O. Box 804
Etowah, TN 37331
(423) 2637872
To be ran: 6/23, 6/30
NOTICE TO CREDITORS
In the matter of the estate of: Ruth Gertrude Rogers
Studdard (Deceased)
Notice is hereby given that on the 4th day
of June, 2010, Letters Administration in respect of the estate of Ruth Gergrude
Rogers Studdard, deceased, were issued to the undersigned by the Probate Court
of Polk County, Tennessee.
All persons, resident and non-resident, having claims,
matured or un-matured, against estate are required to file same with the Clerk
of the above named Court 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.
This 4th day of June, 2010.
Signed Michael Lynn Studdard, Personal Representative
Estate of: Ruth Gertrude Rogers Studdard
Attorney: E.L. Parker, III (BPR#005321)
Attorney for the Estate
420 North Tennessee Avenue
P.O. Box 804
Etowah, TN 37331
(423) 263-7872
To be ran: 6/23, 6/30
ORDER
OF PUBLICATION
IN THE
CIRCUIT COURT OF POLK COUNTY, TENNESSEE
In re: Daniel Lee Farris
Minor child under the age of Eighteen years,
resident of Polk County, Tennessee
Carla Lowe,
Petitioner
Vs.
Scott Farris,
Respondent/Father
Mary Farris,
Respondent/Mother
In this cause, it appears from the Motion for
Publication and sworn complaint of Petitioner that Respondent Mary and Scott
Farris’ whereabouts are unknown such that ordinary service of process cannot be
had upon them.
It is therefore ORDERED, ADJUDGED AND DECREED that
publication of this order be made for four consecutive weeks in the Polk County
Newspaper a newspaper published in Polk County, Tennessee, notifying the
Respondents that they are required to answer and make defense to the Petition
in the office of the Circuit Court of Tennessee for Polk County, located at the
Polk County Courthouse, within 30 days after the fourth weekly publication of
this order ant that, upon their failure so to do, the complaint will be taken
as admitted by them and the case set for hearing without their presence.
This 7th day of June, 2010.
Attorney:
Jerry Hoffer BPR#014892
Attorney for Petitioners
140 North Ocoee Street Suite 100 Cleveland, TN 37311
4236147555
To be ran: 6/16, 6/23, 6/30, 7/7
PUBLIC NOTICE
It is the duty of
your Grand Jurors to investigate any public offense which they know or have
reason to believe has been committed and which is triable or indictable in this
county. Any person having knowledge or proof that such an offense has been
committed may apply to testify before the Grand Jury subject to the provisions
of TCA, Section 40-12-104.
The Grand Jury will
next meet at the Benton Courthouse on Monday, the12th day of July, 2010 at 9:00 A.M. and at the Ducktown
Courthouse on the 12th day of July, 2010 at 1:00 P.M. You may be prosecuted for
perjury for any oral or written statement which you make under oath to the
Grand Jury, when you know the statement to be false, and when the statement
touches on a matter material to the point in question.
The foreman for the
Benton area is Steve Harbison, and the foreman for the Ducktown area is Roger
Thomasson.
CONNIE CLARK
CLERK OF COURTS
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 January 13,
2003, and the Deed of Trust of even date securing the same, recorded January
29, 2003, at Book TD283, Page 527 in Office of the Register of Deeds for Polk
County, Tennessee, executed by Debbie K. Ledford, conveying certain property
therein described to OCOEE TITLE INSURANCE as Trustee for New Century Mortgage
Corporation; 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:
The following described real estate in the First Civil
District, Polk County, Tennessee:
Beginning at the Northeast corner of Reynolds in the
East line of Smyrna Road, running thence North 66 degrees 22 minutes west,
177.3 feet, to a point; thence North 60 degrees West, 170.4 feet, to the East
line of Rhyne; thence North 20 degrees 13 minutes East, 76.65 feet, to a point;
thence North 85 degrees 52 minutes 25 seconds East, 219.65 feet, to a point;
thence South 52 degrees 52 minutes 11 seconds East, 181.83 feet (erroneously
referred to as 02 degrees 29 minutes 20 seconds East, 180.71 feet on Deed of
Acquisition), to a point in the West line of Smyrna Road; thence south 17
degrees 43 minutes 50 seconds West, 75.22 feet to a point; thence south 42
degrees 37 minutes 40 seconds West, 85.09 feet to the point of beginning.
Bounded on the North by other land of Clyde Ledford,
East by Smyrna Road, South by Johnnie Reynolds and on the West by Rhyne.
For prior title see deed recorded in Book 181, Page 99,
in the Register's Office of Polk County, Tennessee.
Subject to Reservations as set out in Deed Book 109,
Page 122, in the Register's Office of Polk County, Tennessee.
Subject to Water Right Easement as set out in Book 109,
Page 122, in the said Register's Office.
Subject to any governmental zoning and subdivision
ordinances or regulations in effect thereon.
ALSO KNOWN AS:437 Smyrna Road, 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:Debbie K. Ledford; Household Financial Center, Inc.
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. 902-189540
DATED June 10, 2010.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: June 16, June 23, June 30, 2010
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 November 9,
2007, and the Deed of Trust of even date securing the same, recorded November
14, 2007, at Book TD369, Page 321 in Office of the Register of Deeds for Polk
County, Tennessee, executed by Sean Plemons and Saretta J. Plemons, conveying
certain property therein described to Matt B. Murfree as Trustee for Mortgage
Electronic Registration Systems, Inc., as a separate corporation that is acting
solely as a nominee for Guaranty Trust Company and Guaranty Trust Company'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:
A certain tract or parcel of land located in the first
civil district in Polk county, state of Tennessee, described as follows,
to-wit: Revised lot eight (8), Hope Village as shown by plat of record in Plat
Book 11, Page 27, in the Register's Office of Polk County, Tennessee.Subject to Restrictive covenants as set
out in instrument recorded in Misc. Book 34, page 76, in the said Register's
Office. Subject to Drainage and Utility easements and setback regulations as
set out on said plat. Subject to Any governmental zoning and subdivision
ordinances or regulations in effect thereon. Francis White, wife of Beecher L.
White, hereby joins in this conveyance for the sole purpose of releasing and
conveying any and all right, title and interest she may have in the above
described property due to the marital relationship between herself and the
Grantor herein.
ALSO KNOWN AS:166 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:Sean Plemons; Saretta J. Plemons
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. 700-164668
DATED June 10, 2010.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
Insertion Dates: June 16, June 23, June 30, 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 January 22, 2009,
executed by ANGELA HARBISON , UNMARRIED, conveying certain real property
therein described to MATT B. MURFREE as same appears of record in the
Register's Office of Polk County, on January 26, 2009, as Instrument No.
09000190, in Book TD 390, at Page 124; and
WHEREAS, the beneficial interest of said Deed of
Trust was last transferred and assigned to BAC HOME LOANS SERVICING, LP, FKA
COUNTRYWIDE HOME LOANS SERVICING, LP, 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 July 7, 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:
LOCATED IN THE FIRST CIVIL DISTRICT OF BRADLEY
COUNTY, TENNESSEE, TO-WIT: LOTS(7) AND EIGHT (8), IN BLOCK G, OF THE HIWASSEE
RIVERIA ESTATES AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 2, PAGE 59, IN THE
REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE. PROPERTY ADDRESS: The street
address of the property is believed to be 135 CENTRAL AVENUE, 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): ANGELA HARBISON OTHER INTERESTED
PARTIES: N/A 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.
The governor’s proposal to increase class sizes in the elementary schools, and to base the state’s payments on those maximums, could mean a significant loss of revenue for teaching positions in Polk County.
At the Jan. 19 meeting, commissioners were told that the Library Board would like to move the library from the lower level of the Courthouse to the building soon to be vacated by the Benton Family Health Care Center.
Teachers across the state, still reeling from last year’s loss of negotiating rights and a complicated evaluation system, now face a loss of a guaranteed salary schedule based on longevity and education.
The Library Board will be asking the County Commission for approval to move the library from the Courthouse to what is currently home to the Benton Family Health Care Center.
Video surveillance has been installed at the county’s convenience centers to identify people leaving garbage outside the fence at the convenience centers or throwing it over the fence when the centers are closed.
The collision happened around 6:45 a.m. Dec. 28 when a westbound truck carrying around 20 tons of calcine lost control coming around a curve on Hwy. 64 and flipped on its side.
Board members spent a majority of the meeting listening to a laundry list of ranging from mold issues to the proper wording on “no smoking” signs on the outside bleachers.
The IBMA Leadership Bluegrass, now in its 13th year, is an intensive three-day program that brings together the most progressive leaders to collaboratively challenge issues facing the professional music industry.
Lee University’s Encore Program, which offers people age 60 and over the opportunity to take university courses, has a new line up of specially-designed mini-courses for the spring.
Horse Trainer and owner of Double S. Stables, Randy Speegle of Benton took second place in the Legends division at the Mustang Challenge in Murphreesboro on October 21st – 23rd.
Local residents got their first look at potential routes for a Copperhill-McCaysville Bypass, at a public information open house held last Thursday by Project Engineers for the Georgia Department of Transportation.
Tennessee Agriculture Commissioner Julius Johnson has authorized a statewide referendum for cattle producers to vote on a $0.50 per head increase in the assessment to fund the in-state promotion of beef.
While some students may be nervous about how the upcoming exams could affect their college options, the Tennessee Electronic Library (TEL) has the tools they need to succeed.
Principal Mrs. Patricia Smith proudly announces the Copper Basin Elementary 1st and 2nd honor students. Students must have a 93 or higher average in all classes for the 1st honor roll.
Mrs. Deborah Swafford of Old Fort, was chosen by Northwest Elementary Faculty in Murray Co, Georgia to be Teacher of the Year for the 2011-2012 School year.
On Oct. 7, with the help of Vice Principal Turner, who kept her out of class for a few minutes to get it set-up, The Senior English 12 Class threw a Surprise party for Mrs. Ellen Carr.
Virginia Deloris Brown Trantham, affectionately known to family, friends and coworkers as “Sally”, age 77, of Copperhill, TN passed away Tuesday, January 24, 2012.
I just wanted to say a big “Thank You” to Cheryl Maxwell, Mayor Stephens, Linda Caldwell, and others who planned and carried out a very successful 2nd Annual Heritage Days festival in Benton.
There is an old saying, which many credit to Native Americans as advising, “You can’t really understand someone else, unless you live their life or walk in their shoes (so to speak).
Photo from 1910 provided by Bill Lillard shows the family of Calvin Higdon, who built the Higdon Hotel in Reliance. Calvin (1836-1919) and Amanda Linderman Higdon (1845-1926) were married in 1860.
From Polk County News, 9/13/34
Famous Monroe County Hotel Is Now No More
People from All Over South Visited the “Saratoga of the South” in the Good Old Days.
The Museum Center at 5ive Points will host a presentation on Learning to Care and Maintain Your Featherweight Sewing Machine by Stan Pegram on Saturday, February 11 from 10:00 - noon.
Sequoyah Birthplace Museum is offering a Cherokee language class in Vonore, TN on the following Mondays, January 9, 16, 23, 30, 2012 from 6:30 p.m. – 8:30 p.m.
Each day kids will create their own holiday spirit by making decorations, learning games and trying foods from the past. Campers are asked to bring a sack lunch.
“It was like seeing a freight train coming down the tracks 90 miles an hour and trying to stop it by stepping in front of it”, Coach Danny Rogers said.
The Copper Basin Medical Center’s District Board honored Dr. William E. Lee last week. Dr. Lee, 85, has spent a lifetime in service, not only to the community but to the world through his medical mission trips.
EPA is proposing actions to improve the water quality of the Ocoee from Copperhill to Dam No. 3, at Dam No. 3, and at the upper reach of Parksville Dam.
The Ocoee River Outfitters Association will conduct a stream cleanup with the help of approximately 130 volunteers on Friday, May 27, 2011 starting at 9:00 am.
Beginning in mid-January culverts will be replaced on Sina Branch Road where it crosses Sawmill Branch in the Ocoee Ranger District in Polk County, TN.
Drawdown is underway at Apalachia Lake, according to David Bowling with River Operations at TVA. He said the lake will drop 18-20 feet for routine maintenance work.
Trout stocking will be reduced about 20% in the coming fiscal year and could be reduced 85% after that, according to Frank Fiss, Assistant Chief of Fisheries at the Tennessee Wildlife Resources Agency.
TVA has created a smartphone app for those wanting to check on reservoir elevations, water release schedules and more. The information has been available online, but the new app will allow access by cell phone.
Unseasonably high temperatures -- in the 90s -- are sending folks to the water. The Ocoee Whitewater Center is a popular place when the river isn't flowing, and the Hiwassee and Ocoee are popular when it is.
People come from near and far to experience a variety of outdoor recreation activities including camping, picnicking, hiking, bike riding, water play, fishing and much more.
VEC was recently notified by a neighboring utility that they have been receiving complaints from customers who have been visited by scam artists posing as energy evaluators.
The Tennessee Historical Commission is now accepting nominations for its Certificate of Merit Awards to honor individuals or groups that have worked to preserve Tennessee’s cultural heritage during 2011.
The Tennessee Tobacco QuitLine offers personalized support for Tennessee residents who want to quit smoking by connecting them with trained quit coaches to guide them through the quitting process.
The Tennessee Department of Commerce and Insurance (TDCI) Consumer Affairs division is urging consumers to be wary of emails that request participation in a survey and that promise a gift card in return.
While many job placement firms may be legitimate and helpful, others may misrepresent their services, promote outdated or fictitious job offerings and charge high fees in advance for services that may not lead to a job.
The annual campaign has enrolled tens of thousands of children in the low-cost health insurance plan, which provides coverage for everything from physician visits to hospitalization to dental and vision care.
The Tennessee Department of State has launched a campaign to educate citizens about the new photo identification requirement that will go into effect for elections held in the state after Jan. 1, 2012.
All of the legislation approved this year, during the first session of the 107th General Assembly, is now available online at the Office of Secretary of State web site.
Applications for the State Energy Efficient Appliance Rebate Program (SEEARP) are available online at www.e-rebates.org/teearp or by phone at 1-877-741-4304 on a first-come, first-served basis.
Individuals who have received LIHEAP assistance since July 2010 must wait until October 1 for the new program year to begin before they can re-apply for benefits.
“Kids Fishing Day” event in Cherokee National Forest’s Ocoee/Hiwassee Ranger District is scheduled for May 21, 2011 at McCamy Lake. Anglers 15 years and under are invited to try their luck.
Ducktown resident Jack Suites and his partner Bitt Ledford of Murphy, N.C. took home the $700 second place prize at the Tri-County Community College Foundation Fishing for Scholarships Bass tournament on April 2.
More than four months after a spotted bass weighing 6 pounds, 7 ounces was caught on the Ocoee River in Polk County, the Tennessee Wildlife Resources Agency has confirmed the fish as a new state record
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