Related Articles Public Notices - 2/8/12 Public Notices - 2/1/12 Public Notices - 1/25/12 Public Notices - 1/18/12 Public Notices - 1/11/12

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 TRUSTEE'S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated March 27, 2002, and the Deed of Trust of even date securing the same, recorded April 1, 2002, at Book 272, Page 174 in Office of the Register of Deeds for Polk County, Tennessee, executed by Janice Hawkins and David D. Hawkins, conveying certain property therein described to James S. Webb as Trustee for The Bank/First Citizens Bank; 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 30, 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:

Located in the First Civil District of Polk County, Tennessee, to-wit:

Beginning at an iron pin located at the intersection of the Eastern right of way of Boanerges Church Road and the Southwestern corner of a 1.01 acre parcel; run thence South 72 deg. 41 min. East 177.34 feet to an iron pin; thence North 16 deg. 05 min. East 246.31 feet to an iron pin; thence South 40 deg. 48 min. East 312.45 feet to an iron pin; thence South 33 deg. 26 min. East 215.69 feet along Darnel (DB 139/104) feet to a metal fence post; thence South 18 deg. 17 min. West 218.98 feet to a metal fence post; thence South 39 deg. 29 min. East 216.20 feet; thence South 14 deg. 37 min. West 89.07 feet to an iron pin; run thence along Hawkins (DB 78/137) North 80 deg. 12 min. West 454.44 feet to an iron pin; thence North 04 deg. 24 min. East 210 feet to an iron pin; thence South 02 deg. 17 min. 53 sec. East 199.22 feet to a corner, thence South 71 deg. 48 min. 55 sec. East 204.96 feet; run thence along the right of way of Boanerges Church approximately 148.56 feet in a generally northeasterly direction to the iron pin marking the point of beginning. All as shown by survey of John t. Kinder, TN Lic. No 1519, Cleveland Surveying Co. 1523 S. Lee Hwy., Cleveland, TN dated July 29, 19989.

Subject to gravel driveway easement as shown on surrey,

Subject to roadway easement as set out in Deed Book 124, page 337, Registers Office of Polk County, Tennessee.

ALSO KNOWN AS:  1178 Boanerges Church Road, Old Fort, Tennessee 37362

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.  In addition, the following parties may claim an interest in the above-referenced property:  Janice Hawkins; David D. Hawkins; Internal Revenue Service; Palisades Collection LLC

On or about February 19, 2009, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, David and Janice Hawkins, recorded in the Register's Office of Polk County, Tennessee, at Book 2, Page 344.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Wells Fargo Bank, NA.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.

The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option at any time.  The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.  W&A No. 717-176655

 

DATED July 22, 2010.

 

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

Successor Trustee

Insertion Dates: July 28, August 4, August 11, 2010

                               

 

 

 

 

 

NOTICE TO CREDITORS

 

ESTATE OF IMOGENE A. BRYAN

 

Notice is hereby given that on the 13^th day of July, 2010, Letters of Testamentary in respect of the estate of Imogene A. Bryan, deceased, were issued to the undersigned by the Probate Court of Polk County, Tennessee.

All persons, resident and non-resident, having claims, matured or un-matured, against estate are required to file same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.

This 13^th day of July, 2010.

Signed: Catherine Jeannette Allen, Personal Representative

Estate of Imogene A. Bryan, Deceased

 

Attorney: E.L. Parker, III (BPR #005321)

Attorney for the Estate

420 North Tennessee Avenue

P.O. Box 804

Etowah, Tennessee 37331

(423) 263-7872

To be ran: 7/28, 8/4

NOTICE TO CREDITORS

 

ESTATE OF GRACE L. LAWSON (Deceased0

 

Notice is hereby given that on the 13^th day of July, 2010, Letters Testamentary in respect to the estate of Grace L. Lawson, deceased, were issued to the undersigned by the Probate Court of Polk County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured, against her estate are required to file same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this Notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.

 

This 13thh day of July, 2010

 

Charles L. Lawson

Personal Representative,

Executor

Estate of Grace L. Lawson, Deceased.

 

PUBLIC NOTICE TO POLK COUNTY VOTERS

 

A Vacancy exists for an unexpired term of 2 years on the 1^st District School Board in Polk County, Tennessee. This vacancy will be filled with the November 2, 2010 State and Federal General Election. All original petitions must be filed in the County Election Commission Office by 12:00 noon on Thursday, August 19, 2010. Withdrawal deadline is Thursday, Noon,  August 26, 2010.

 

Polk County Election Commission

Ronnie O’Neal, chairman

Freeman Curbow, Secretary

Bill Frady, Member

Frank Payne, Member

J.M. York, Member