SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on
August 3, 2010 at 10:00 AM local time, at the west door, Polk County
Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Patricia
Fletcher, a single woman, to American Title Company, Trustee, on June 25, 2004
at Book TD307, Page 503; conducted
by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk
County Register's Office.
Owner of Debt: US Bank National
Association, as Trustee for Credit Suisse First Boston HEAT 2004-7
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
Second (2nd) Civil District of Polk County, Tennessee, lying on the north side
of the Kimsey Highway and being bounded on the east and west by Swaffords, and
being more particularly described as follows:
BEGINNING at an iron pin in the north line of the Kimsey Highway at the
southern most point of the tract herein described; from said point of
beginning, North 66 degrees 30 minutes West, 181.1 feet to an iron pin; thence
North 22 degrees 19 minutes East, 653.2 feet with Swafford to an iron pin;
thence South 66 degrees 30 minutes East, 100 feet to an iron pin; thence South
22 degrees 19 minutes West, 433 feet with Swafford to an iron pin; thence South
17 degrees 11 minutes East, 88.7 feet with Swafford to an iron pin; thence
South 02 degrees 18 minutes West, 128.8 feet with Swafford to an iron pin in the
north line of the Kimsey Highway; thence South 53 degrees 19 minutes West, 39.3
feet along the north line of Kimsey Highway to the point of beginning.
Street Address: 5668 Highway 30,
Benton, TN 37307
Current Owner(s) of Property:
Patricia Fletcher
The street address of the above
described property is believed to be 5668 Highway 30, 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.
Shapiro & Kirsch, LLP
Substitute Trustee
www.kirschattorneys.com
Law Office
of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis,
TN 38119
Phone 901-767-5566
Fax 901-767-8890
File No. 06-1011
NOTICE OF SUBSTIUTE
TRUSTEES SALE
WHEREAS, Edna Hopkins and Beecher Payne, by Deed of Trust dated
on or about 3-26-1997 of record in Book 206, Page 69 in the Register’s Office
of Polk County, Tennessee, conveyed to DOUGLAS N. BLACKWELL II, duly appointed SUBSTITUTE TRUSTEE, the herein
after described real property to secure the payment of certain Promissory Notes
described in the Deed of Trust, which Notes were payable to Benton Banking
Company, now known as First
Volunteer Bank, and
WHEREAS, default has been made in the payment of the Notes, and
WHEREAS, the owner and holder of the Notes has demanded that the
hereinafter described real property be advertised and sold in satisfaction of
the indebtedness and costs of foreclosure in accordance with the terms and
provisions of the Notes and Deed of Trust.
NOW, THEREFORE, notice is hereby given that I, DOUGLAS N. BLACKWELL II,
SUBSITUTE TRUSTEE, pursuant to the power, duty, and authority vested in and
conferred upon me, by the Deed of Trust, will on August 12, 2010 at 11:00am at the front of the Main Door of
the Polk County Courthouse in Polk County, Tennessee, offer for sale to the
highest bidder for cash, and free from all legal, equitable and statutory
rights of redemption, exemptions of homestead, rights by virtue of marriage,
and all other exemptions of every kind, all of which have been waived in the
Deed of Trust, certain real property and attachments located in Polk County,
Tennessee, described as follows:
IN THE FIRST CIVIL
DISTRICT OF POLK COUNTY, TENNESSEE:
BEGINNING at a point in
Carolina Avenue, 102.6 feet South of the center line of the Polk and McMinn
County line road; thence North 84 deg. 37 min. West, 230 feet; thence South 5
deg. 23 min. West, 89.3 feet; thence South 84 deg. 37 min. East, 230 feet;
thence North 5 deg. 23 min. East, 89.3 feet to the point of beginning, known as
House No. 39 and more fully shown in survey by Neal Sanders, dated December,
1969.
For prior title see Deed
recorded in Deed Book 194, Page 295, in the Register’s Office of Polk County,
Tennessee.
THIS CONVEYANCE MADE
SUBJECT TO THE FOLLOWING:
Any covenants,
conditions, restrictions, reservations or easements of record.
Any governmental zoning
and subdivision ordinances in effect thereon.
Commonly known as: 159
Mill Street, Delano, TN 37325, but such is not included in the legal
description.
OTHER INTERESTED PARTIES: Edna Hopkins, Beecher Payne, Occupants,
Polk County Property Tax Office
The title to said real estate is believed
good, but I will convey as substitute trustee only and subject o any unpaid
taxes or Homeowner Association fees.
This sale is subject to all matters shown
on applicable recorded plat; any unpaid taxes; any restrictive covenants,
easements or setback lines that may be applicable; any statutory right 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.
Should the highest bidder fail to comply
with the terms of the bid at the public sale, then the Successor 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 right is reserved to adjourn the day of
the sale to another day certain without further publication, upon announcement
at the time set forth above.
This sale is subject to liens, easements,
encumbrances, property taxes, rights of redemption of taxing entities and other
matter, which are prior in right to the lien of the aforesaid Deed of Trust.
WITNESS my hand this 30th day of June, 2010.
/s/ Douglas N. Blackwell II
Douglas N. Blackwell II, Attorney
Blackwell Law Offices PLLC
P. O. Box 1455, Cleveland, TN 37364
(423) 472-3000
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED
FOR THAT PURPOSE.
To Be Run On: July 7, 14 and 21, 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 July
28, 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: 7/7/2010, 7/14/2010,
7/21/2010
NOTICE OF SALE
This is a public notice for the sale of the
contents of unit #15 at Belltown Storage in Copperhill will be sold at public
auction Saturday, July 31, 2010 at 10:00 a.m.
NOTICE OF MEETING
POLK COUNTY 9-1-1 BOARD
OF DIRECTORS
The Board of Directors of the Polk County
9-1-1 Emergency Communications District will meet at 3:00 p.m. on August 4 at
the Polk County 911 District Office on Highway 64, or such other location as
may be posted, where and which time the Board will consider any matter that may
be properly presented. The Board meets at the same time and location on the 1st
Wednesday of the months of February, April, June, August, October and December
unless notice is otherwise given. A public hearing is held at the June meeting
for the purpose of reviewing the budget proposed for the fiscal year that
begins July 1. The public is invited to all meetings.
Stephen Lofty, Chariman
9-1-1 Board of Directors
NOTICE OF
SUBSTITUTE TRUSTEE'S SALE
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.
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#
10-0018408, FEI # 1006.89290, 06/23/2010, 06/30/2010, 07/07/2010
SUBSTITUTE TRUSTEE'S SALE
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.
Shapiro & Kirsch, LLP
Substitute Trustee
www.kirschattorneys.com
Law Office
of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis,
TN 38119
Phone 901-767-5566
Fax 901-767-8890
File No. 10-003351
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 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
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