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NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE

 

WHEREAS, ARNOLD WALTER McCARTT, JR., unmarried, executed a deed of trust securing HANK WILSON of record in Book TD 321, page 606-609, in the Register=s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference;

WHEREAS, ARNOLD WALTER McCARTT, JR., died on December 26, 2007;

WHEREAS, CHRISTOPHER RYAN McCARTT, DAVID EMERSON McCARTT, and ALEXANDER SET McCARTT are believed to be the sole heirs of ARNOLD WALTER McCARTT, Jr.;

WHEREAS, said note is in default and the default has not been cured, despite demand;

WHEREAS, GEORGE N. McCOIN, was appointed substitute trustee by instrument recorded in Book MS 136, page 357-358, in the Register=s Office of Polk County, Tennessee;

WHEREAS, the owner and holder of the note has directed the substitute trustee to proceed with foreclosure;

NOW, THEREFORE, I, GEORGE N. McCOIN, SUBSTITUTE TRUSTEE, will on Tuesday, August 17^th, 2010 @ 11:00 a.m. local time, sell the hereindescribed property at the main door of the courthouse at Benton, Polk  County, Tennessee.  The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate:

LOCATED in the First Civil District of Polk County, Tennessee.

BEGINNING in the Southwesternmost line of the Old Bates Pike, said point of beginning located 306 feet Northwest from the Northwestern corner of land of Terry Perry, said point also being the Northwesternmost corner of lands of Billy Hill; and run thence with the Northwesternmost line of lands of Hill in a generally Southwesterly direction, 108 feet, to a corner; thence Northwestwardly and on a line parallel to the Old Bates Pike, 140 feet, to a corner; thence in a Northeastern direction and along a 10-foot non-exclusive perpetual road right-of-way easement, 108 feet, to the Southwesternmost line of the Old Bates Pike; and running thence with and along said Old Bates Pike in a Southeastern direction, 140 feet, to the BEGINNING.

PRIOR TITLE SOURCE: BEING the same real estate conveyed to Arnold Walter McCartt, Jr., by Grace E. Dill, widow, by deed dated May 26, 2005, recorded in the Register’s Office of Polk County, Tennessee, in Deed Book 238, page 158.

SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.

SUBJECT to any applicable restrictions.

This property is believed to be: 2262 Davis Curbow Road, Old Fort, Tennessee 37362.

Said sale is subject to all unpaid taxes, assessments, and prior liens.

Trustee will sell and convey as trustee only.  The above property is sold Awhere is, as is@.

Governmental Entity Tax Liens: None.

Other Interested Parties: None.

Witness my hand this 13th day of July, 2010.

/s/ George N. McCoin

George N. McCoin, Substitute Trustee

Publication dates: July 21, 2010; July 28, 2010; and August 4, 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 August 24, 2000, and the Deed of Trust of even date securing the same, recorded August 29, 2000, at Book 250, Page 245 in Office of the Register of Deeds for Polk County, Tennessee, executed by Kimberly Alston, conveying certain property therein described to Tri State Land Title as Trustee for Arike Logan-Kusaidi; 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 August 9, 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:

All that tract or parcel of land lying and being in Section 26, Fractional Township 3 South Range 5 East of the Ocoee Basis Line in the Third Civil District of Polk. County, Tennessee and being more particularly described as follows:

Beginning at an iron pin located in the center of a 60 foot easement for road and utilities, said point of beginning being the Northwest corner of the property herein conveyed; from said point of beginning along with said centerline the following 4 calls and distances: South 29 degrees 39 minutes 34 seconds East a distance of 97.28 feet; South 23 degrees 45 minutes 11 seconds East a distance of 60.45 feet; South 73 degrees 24 feet 49 seconds East a distance of 141.57 feet; South 56 degrees  05 minutes 13 seconds East 64.13 feet to an iron pin; thence leaving said centerline South 33 deg. 49 minutes 58 seconds West a distance of 678.27 feet to an iron pin; thence North 65 degrees 30 minutes 13 seconds West a distance of 341.96 feet to an iron pin; thence North 33 degrees 49 minutes 59 seconds East 767.68 feet to the point of beginning containing 5.40 acres and shown as Lot 12 on plat entitled Sassafras Ridge, Phase 2 as surveyed by Phillip G. Allen, Registered Land Surveyor, Tennessee No. 1530, HCR 64, Box 412, Farmer,Tennessee.

See plat recorded in Plat Book 6, page 7, in the Register of Deeds Office, Polk County, Tennessee.

Subject to Non-Exclusive Easement Deed from Shaka Kusaidi and Arike Logan-Kusaidi to ShakaKusaidi as outlined in Non-Exclusive Easement Deed and Private Road Easement recorded on 3/6/2000 in Deed Book 212 page 605 in the Office of the Register of Deeds, Polk County, Tennessee.

All private roads regarding the aforementioned Subdivision are shown on the aforementioned survey plat which is incorporated herein by reference for further description.

SUBJECT TO the following restrictions which shall be a burden running with the land and be binding upon the Grantees, their heirs and assigns:

1.          No modular or mobile homes shall placed on the land.

2.          No junk yards or partially disassembled vehicles shall be allowed to remain on the premises.

3.          No chickens or swine shall be allowed on the premises.

Subject to restrictions as specified in Sassafras Ridge at Buckeye Cove Declaration of Protective Covenants and as Amended January 13, 1997 and recorded in Misc. Book 80 Page 242 in the Register of Deeds Office, Polk County, Tennessee.

The present Grantees and all future Grantees, their heirs and assigns must join the Sassafras Ridge Homeowners Association formed for the maintenance of roads and the fee for said maintenance shall be set by majority vote of the Association.

Subject to Restrictions entitled Sassafras Ridge Mountain Retreat Declaration of Protective Covenants and

Restrictions as recorded on November 11,1992 in Misc. Book 69, page 270 and Book 72, Page 246, in the

Register of Deeds Office, Polk County, Tennessee.

There is reserved and conveyed herewith a non-exclusive easement, for road and utilities, being 60 feet in width, 30 feet on each side of the centerline, along an existing easement leading from Sassafras Ridge Drive to the property herein conveyed as shown on the above referenced survey plat. Said easement is for the benefit of the Grantors, Grantee, their heirs and assigns, and is for ingress and egress and utility services.

Subject to existing easements and right of ways for public roads, if any. Also subject to Polk County, Tennessee

Subdivision regulations. Mobile Home regulations and any zoning or other ordinances, if any.

This conveyance is made together with right of ingress, egress and utility service along existing roads to the subject property.

ALSO KNOWN AS:  Lot 12 Sassafras Ridge, Turtletown, Tennessee 37391

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:  Kimberly Alston

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. 817-191095

DATED July 15, 2010.

 

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

Successor Trustee

Insertion Dates: July 14, July 21, July 28, 2010

 

 

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE

 

WHEREAS, WILLIAM T. MILLER and wife, LILLIAN L. MILLER executed a deed of trust securing HANK WILSON of record in Book TD 255, page 219-221, in the Register’s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference;

WHEREAS, LILLIAN L. MILLER predeceased her husband, WILLIAM T. MILLER, leaving him sole owner of the note as surviving tenant by the entirety;

WHEREAS, said note is in default and the default has not been cured, despite demand;

WHEREAS, GEORGE N. McCOIN, was appointed substitute trustee by instrument recorded in Book MS 136, page 355-356, in the Register=s Office of Polk County, Tennessee;

WHEREAS, the owner and holder of the note has directed the substitute trustee to proceed with foreclosure;

NOW, THEREFORE, I, GEORGE N. McCOIN, SUBSTITUTE TRUSTEE, will on Tuesday, August 17, 2010 @ 11:00 a.m. local time, sell the hereindescribed property at the main door of the courthouse at Benton, Polk  County, Tennessee.  The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate:

LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE.

TRACT ONE: BEGINNING at the Townsend corner in the Goodner line, being the Northwest corner of the tract of land herein conveyed; thence in the Eastern direction with the Goodner line, a distance of 50 feet to an iron pin and an established corner with Shipman; thence in a Southern direction parallel to the line of the land with W.W. Townsend line a distance of 150 feet to an established corner with Henry Shipman; thence with the Henry Shipman line in a western direction 50 feet to the W.W. Townsend line; thence in a Northern direction with the W.W. Townsend line, a distance of 150 feet to the beginning corner.  Legal description taken from prior deed.

TRACT TWO: BEGINNING at a point in the Southern line of Shipman Lane, said point being the Northwest corner of that property conveyed to

Clarence L. Dalton and wife, Bonnie C. Dalton (erroneously referred to in the deed of acquisition as conveyed to Marshall Dalton and wife, Allysan Dalton), in 1988 by deed from Jerry and Frances Stephens; thence with the Western line of the Dalton property in a Southerly direction, 134 feet, more or less, to a fence corner; thence in a Westerly direction along a fence, 35.3 feet more or less to a fence corner that is 134 feet, more or less, Southwardly from the Southern line of Shipman Lane; thence in a Northerly direction, 134 feet, more or less to a point in the Southern margin of Shipman Lane that is 31.2 feet West of the point of beginning, and thence with the Southern margin of Shipman Lane in an Eastwardly direction, 31.2 feet back to the point of beginning.  Legal description taken from prior deed.

Being the same real estate conveyed by deed recorded in WD Book 216, page 428-430, in the Register’s Office, Polk County, Tennessee. 

SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.

SUBJECT to any applicable restrictions.

This property is believed to be: 167 Shipman Lane, Ocoee, Tennessee 37361.

Said sale is subject to all unpaid taxes, assessments, and prior liens.

Trustee will sell and convey as trustee only.  The above property is sold Awhere is, as is.

Governmental Entity Tax Liens: None.

Other Interested Parties: Pursuant to T.C.A. 35-5-104, notice to Aother interested parties@ is being provided to 1) Wachovia Bank, National Association, Retail Credit Servicing, P.O. Box 50010, Roanoke, Virginia 24022, by virtue of a deed of trust recorded in Trust Book 329, page 457, in the Register=s Office of Polk County, Tennessee and 2) David and Lorie Caldwell, 167 Shipman Lane, Ocoee, Tennessee 37361 and 273 Brown Drive, SE, Cleveland, Tennessee 37323  by virtue of a warranty deed recorded in Book WD239, page 6, in the Register’s Office of Polk County, Tennessee.

Witness my hand this 15^th day of July, 2010.

/s/ George N. McCoin

George N. McCoin, Substitute Trustee

Publication dates: July 21, 2010; July 28, 2010; August 4, 2010 and August 11, 2010.

 

SUBSTITUTE TRUSTEE'S SALE

 

WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on December 22, 2009, by Phillip M Smith and Cheryl G Smith to Charles Patrick Flynn, Trustee, as same appears of record in the Register's Office of Polk County, Tennessee, under Book TD404, Page 392, ("Deed of Trust"); and

WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to SunTrust Mortgage, Inc.; and

WHEREAS, SunTrust Mortgage, Inc., the current owner and holder of said Deed of Trust, (the "Owner and Holder"), appointed the undersigned, Nationwide Trustee Services, Inc., as Substitute Trustee by instrument filed for record in the Register's Office 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 the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Thursday, August 12, 2010, commencing at 2:00 PM at the Front steps on Ocoee Street of 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: Exhibit "A" A certain tract or parcel of land located in Polk County, Tennessee, described as follows to-wit: All that tract or parcel of land lying and being in Section 32, Fractional Township Two South Range Five, East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, and being more particularly described as Lot 1 of Walnut Lane Subdivision, containing 2.36 acres and Lot 2 of Walnut Lane Subdivision, containing 1.29 acres, more or less as shown by that certain plat recorded in Plat Book 8, Page 358, in the Office of the Clerk of the Superior Court, Polk County, Tennessee. A reference is hereby made to said recorded plat for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed. Said property is conveyed subject to all easements, restrictions, and rights of way as set forth on said recorded plat or as appearing of record. Being the same property conveyed to Phillip M. Smith and wife, Cheryl G. Smith from Richard D. Nicholson and wife, Beth Ann Nicholson by Warranty Deed dated January 31, 2003 and recorded February 10, 2003 in Book WD224, Page 433, Register's Office for Polk County.

PROPERTY ADDRESS: 570 Farner Road, Farner, TN 37333

CURRENT OWNER(S): Phillip M Smith and Cheryl G Smith The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose.

SUBORDINATE LIENHOLDERS: N/A OTHER INTERESTED PARTIES: N/A 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 IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Nationwide Trustee Services, Inc., Substitute Trustee c/o PP Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 (ext. ) File No.: 221.1013776TN Web Site: www.jflegal.com Insertion Dates: 07/21/10, 07/28/10 & 08/04/10

SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE

      

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated NOVEMBER 15, 2004, executed by LINDA M. MOHR (A/K/A LINDA M. CHRISTENSEN), UNMARRIED, to DAVID S. HUMBERD, Trustee, of record in BOOK TD313, PAGE 221, in the Register's Office for POLK County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register's Office for POLK County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by U.S. BANK, NATIONAL ASSOCIATION, as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in  me as  Substitute  Trustee, on FRIDAY, AUGUST 20, 2010 AT 11:00 A.M. (LOCAL TIME), AT THE WEST DOOR OF THE POLK COUNTY COURTHOUSE IN BENTON, POLK COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in POLK County, Tennessee, to wit:

PROPERTY LOCATED IN THE COUNTY OF POLK, TENNESSEE:

LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:

BEING LOT TWO (2), JON CHURCHWELL PROPERTY, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 10, PAGE 52, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

SUBJECT TO A JOINT USE DRIVEWAY ACCESS EASEMENT RECORDED IN BOOK 235, PAGE 74, IN THE SAID REGISTER’S OFFICE.

LESS AND EXCEPT THAT PORTION OF THE PROPERTY CONVEYED IN DEED BOOK 228, PAGE 244, IN THE SAID REGISTER’S OFFICE.

SUBJECT TO ROADWAY AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5, PAGE 3, IN THE SAID REGISTER’S OFFICE.

SUBJECT TO THE FOLLOWING RESTRICTIONS:

NO MOBILE HOMES, CAMP GROUND OR JUNK CARS,

NO GOATS, SWINE OR CHICKENS,

PROPERTY IS LIMITED TO 1 HEAD OF LIVESTOCK PER ACRE,

NO NUISANCE,

PROPERTY TO BE USED FOR RESIDENTIAL PURPOSES ONLY AND NO ADDITION MULTIPLE SMALL DWELLINGS. SEE CONTRACT FOR DEED OF RECORD IN BOOK MS129, PAGE 266, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

BEING THE SAME PROPERTY CONVEYED TO LINDA M. MOHR, UNMARRIED BY DEED DATED NOVEMBER 15, 2004 OF RECORD IN BOOK WD235, PAGE 77, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 200 MEMORY LANE, BENTON, TENNESSEE 37307.

MAP 018 PARCEL 063.05

THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.

THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433.  IF APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.

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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE

IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

OTHER INTERESTED PARTIES: DAVID DENHAM (A/K/A DAVID ALLEN DENHAM); JANICE DENHAM (A/K/A JANICE HALE DENHAM)

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This day, July 16, 2010.  This is improved property known as 200 MEMORY LANE, BENTON, TENNESSEE 37307.

J. PHILLIP JONES Substitute Trustee

J. PHILLIP JONES, SUBSTITUTE TRUSTEE

SUITE C-205, NASHVILLE HOUSE

ONE VANTAGE WAY

NASHVILLE, TN 37228

(615) 254-4430

 

NOTICE OF SUCCESSOR TRUSTEE’S SALE

 

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated June 11, 2009, of record in Book TD 397, Page 1, Register=s Office for Polk County, Tennessee,  from CHRISTOPHER MARK CORVIN (ABorrower”) to David S. Humberd, (ATrustee”), securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and

The undersigned, DOUGLAS R. JOHNSON, Successor Trustee, having been appointed Successor Trustee on June 22, 2010 of record in Book MS 137, page 8, said Register=s Office, to serve in the place and stead of David S. Humberd, Trustee;

NOW, THEREFORE, I, DOUGLAS R. JOHNSON, Successor Trustee, pursuant to said Deed of Trust, having been requested by First Volunteer Bank of Tennessee, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on August 16, 2010 at 11:00 a.m, at public auction in front of the West door of the Polk County Courthouse, Benton, Polk County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in the First Civil District of Polk, County, Tennessee: 

SITUATED in the City of Benton and being Lots 7, 8, 9 and 10 in Block 1 of the Eckles and Cobb Addition to the Town of Benton, Tennessee a plat of which is recorded in the Register=s Office of Polk County, Tennessee in Deed Book 17, page 182 to which reference is herein made.

PRIOR AND LAST DEED REFERENCE at Deed Book 262, Page 263, ROPCT.

SUBJECT to any existing easements, restrictions of record.

SUBJECT to any governmental zoning or subdivision regulations or ordinances which may exist.

This is improved property known as: 128 SEAY DRIVE, BENTON, TN 37307

This property is also encumbered by a lien to First Volunteer Bank of Tennessee by Deed of Trust dated September 6, 2003, of record in Book TD 294,  page 520 ROPCT.  At the sale, the Bank will announce a release price for said deed of trust.

This sale is subject to liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.

 

Dated: July 19, 2010                                           

 Post Office Box 2188

 Chattanooga, Tennessee 37409   (423) 266-2300

By: Douglas R. Johnson, Successor Trustee

THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION GATHERED WILL BE USED FOR THAT PURPOSE.

 

NOTICE OF TRUSTEE’S SALE

 

WHEREAS, by Deed of Trust dated May 9, 2008, Trisha R. Loftis and Tracy Scott Loftis, conveyed the following described premises to Arnold m. Weiss, Trustee(s), for Liberty Mortgage Corporation d/b/a Liberty Mortgage Corporation (Georgia), to secure the indebtedness due therein, and said Deed of Trust being of record in Book TD379, page 414, in the Register’s Office of Polk County, Tennessee and

WHEREAS, Branch Banking & Trust Company, the owner and holder of the indebtedness due therein, by Assignment has appointed Allen J. Ware, Jr. as Substitute Trustee, which Appointment of Substitute Trustee is dated May 29, 2010, and is of record in Record Book MS136, page 481, in the Register’s Office of Polk County, Tennessee.

THEREFORE, NOTICE is hereby given that default having been made in the payment of the indebtedness secured by said Deed of Trust and said default having existed for more than thirty (30) days, the undersigned Substitute Trustee, by virtue of the authority vested in him and having been requested so to do by the owner and holder of said indebtedness, will sell at the West door of the Polk County Courthouse in Benton, Tennessee, for cash to the highest bidder, in bar of all right and equity of redemption, at or about 11:00 A.M., ET on Thursday, August 19, 2010, to-wit: SITUATED in the First (1^st) Civil District of Polk County, Tennessee, to-wit:  Beginning in the Northwest line of Charleston Road, where the same is intersected by the Southwest line of land of Byers, which point is 360 feet Southwest from the Southwest line of land of Woody; thence running thence with said line of said road, South 33 degrees, 07 minutes, West 200 feet to the most Easterly corner of land of Woody; thence with the Northeast line of Woody, North 55 degrees, West, 244.4 feet to the corner with Woody; thence with the Southeast line of Woody, North 25 degrees, 33 minutes, East 202.6 feet to the most Westerly corner of land of Byers; thence with the Southwest line of Byers, South 55 degrees, East 270.8 feet to the Beginning and identified as No. 3 in McClary Benton Station Property, all as shown by survey of Neal Sanders, dated 8 November 1972, DWG. No. 3206.

THIS CONVEYANCE is subject to any and all restrictions, easement and setback lines of record in the Register’s Office, Polk County, Tennessee.

BEING the same property conveyed to Trisha R. Loftis and Tracy S. Loftis by Special Warranty Deed recorded in Book WD257, page 49, in Register’s Office, Polk County, Tennessee.

(a/k/a 5008 Upper River Road, NE, Charleston, TN 37310)

Subordinate Lienholders or interested parties:   Cleveland Anesthesiologist

Said sale will be in bar of all right homestead, equity of redemption, statutory right of redemption and all other rights and exemptions of every kind, which are waived and surrendered in said Deed of Trust, but subject to any unpaid taxes against the property and all applicable easements, restrictions, and all prior encumbrances. The right is reserved to adjourn the day of the sale to another day certain, without further publication and in accordance with the law, upon announcement of such adjournment on the day and at the time and place of sale set for the above.  The proceeds derived from the sale of said property will be applied to the full amount due on the debt and note secured in said Deed of Trust, together with all costs and expenses incident to the sale and foreclosure.  The balance if any will be paid to the parties legally entitled thereto.

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

Allen J. Ware, Jr., Substitute Trustee

603 W. Main Avenue, Suite 1004

Knoxville, TN  37902

(865) 523-0519

Publication dates: July 14, 21 & 28, 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 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 30^th   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.

 

 

 

 

PUBLIC NOTICE

 

The Town of Benton is in the process of applying for financial assistance with USDA/Rural Development for the purpose of purchasing two one-ton dump trucks with salt/sand spreader attachments. Any questions or comments may be made to Deborah Swigert City Recorder 338-5733 ext. 101. 

PUBLIC NOTICE

 

A meeting of the Steering Committee of the Cherokee National Forest Landscape Restoration Initiative will be held on July 27^th at the Erwin Senior Adult Center from 4:00 to 6:00.  The purpose of the Cherokee National Forest Landscape Restoration Initiative is to support the Cherokee National Forest in achieving its mission through the implementation of a public participation process that is scientifically sound and ecologically appropriate.  The Steering Committee will meet and conduct business to prepare for future public participation meetings.  The public may attend, observe and offer comments.  For more information, please contact Katherine Medlock at kmedlock@tnc.org or 865-546-5998.