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 FORECLOSURE SALE
STATE OF TENNESSEE,
POLKCOUNTY
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, PolkCounty, 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, at11:00AM 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, TennesseeThe 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 Subdivisionshall 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 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 FirstVolunteer 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 onAugust 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 30thday of June, 2010.
/s/ Douglas N. Blackwell II
Douglas N. Blackwell II, Attorney
Blackwell Law Offices PLLC
P. O. Box 1455, Cleveland, TN37364
(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
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.
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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