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SUBSTITUTE TRUSTEE'S SALE

 

Sale at public auction will be on September 7, 2010 at 2:00 PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Danny Joe Hicks and Robin Hicks, Married, to Trace K. Robbins, Trustee, on August 27, 2008 at Book TD385, Page 57; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register's Office.

Owner of Debt: HSBC Mortgage Corporation

The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

Described property located in the Second (2nd) Civil District of Polk County, Tennessee, formerly the Old 6th Civil District, more particularly described as follows:
Commencing on the northeast side of Childers Creek Road and property of the U. S. Forest Service; thence in a northeasterly direction 950 feet with the government lines to an iron pin marker, thence southwesterly along the government line 620 feet to an iron pin corner, thence southeasterly along the government line 410 feet to an iron pin corner with the property of Daniel and Lucille Spur; thence northeasterly along the line of Spur to an iron pin corner with the lands of Rodriques; thence East, northeast, with the line of Rodriques 240 feet to an iron pin corner; thence southeasterly along the line of Rodriques 200 feet to an iron pin corner at the right of way of Childers Creek Road; thence northeasterly along the Childers Creek Road 250 feet to the point of beginning.

Street Address: 1025 Childers Creek Road, Reliance, TN 37369

Current Owner(s) of Property: Danny Joe Hicks

The street address of the above described property is believed to be 1025 Childers Creek Road, Reliance, TN 37369, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.

All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.

If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.

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

 

Shapiro & Kirsch, LLP Substitute Trustee

www.kirschattorneys.com

Law Office of Shapiro & Kirsch, LLP

6055 Primacy Parkway, Suite 410

Memphis, TN  38119

Phone 901-767-5566

Fax 901-767-8890

 

File No. 10-001656

INITIAL RESOLUTION PUBLICATION

 

The Board of Mayor and Commissioners of the town of Benton, Tennessee, met in a regular session on July 6, 2010. The following resolution was adopted:

INITIAL RESOLUTION authorizing the issuance of a not to exceed $100,000 Water and Sewer Revenue and Tax Bond, Series 2010 of the town of Benton, Tennessee.

BE IT RESOLVED by the Mayor and Board of Commissioners of the town of Benton, Tennessee that for the purpose of financing in part the construction of essential public works or facilities, consisting of sewer system improvements and extensions, there shall be issued a bond of said municipality in the aggregate principal amount not to exceed $100,000, which shall bear interest at a rate not to exceed three and one-quarter percent (3.25%) per anum, ad which shall be payable from revenues of the water and sewer system, subject to prior lien bonds, and, in the event such revenues are insufficient therefore, from ad valorem taxes to be levied on all taxable property within the municipality.

NOTICE

The foregoing resolution has been adopted. Unless within twenty (20) days from the date of publication hereof a petition signed by at least ten percent (10%) of the registered voters of the municipality shall have been filed with the Recorder protesting the issuance of the bond, such bond will be issued as proposed.

Deborah Swigert, Recorder

 

SUBSTITUTE TRUSTEE'S SALE

 

Sale at public auction will be on September 1, 2010 at 2:00 PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Patricia Fletcher, a single woman, to American Title Company, Inc., Trustee, on June 25, 2004 at Book TD307, Page 503; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register's Office.

Owner of Debt: US Bank National Association, as Trustee for Credit Suisse First Boston HEAT 2004-7

The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

Described property located in the Second (2nd) Civil District of Polk County, Tennessee, lying on the north side of the Kimsey Highway and being bounded on the east and west by Swaffords, and being more particularly described as follows:
BEGINNING at an iron pin in the north line of the Kimsey Highway at the southern most point of the tract herein described; from said point of beginning, North 66 degrees 30 minutes West, 181.1 feet to an iron pin; thence North 22 degrees 19 minutes East, 653.2 feet with Swafford to an iron pin; thence South 66 degrees 30 minutes East, 100 feet to an iron pin; thence South 22 degrees 19 minutes West, 433 feet with Swafford to an iron pin; thence South 17 degrees 11 minutes East, 88.7 feet with Swafford to an iron pin; thence South 02 degrees 18 minutes West, 128.8 feet with Swafford to an iron pin in the north line of the Kimsey Highway; thence South 53 degrees 19 minutes West, 39.3 feet along the north line of Kimsey Highway to the point of beginning.

Street Address: 5668 Highway 30, Benton, TN 37307

Current Owner(s) of Property: Patricia Fletcher

The street address of the above described property is believed to be 5668 Highway 30, Benton, TN 37307, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.

SALE IS SUBJECT TO ANY INTEREST THAT MAY EXIST IN  UNRELEASED JUDGMENT OF RECORD AT BOOK 8, PAGE 186B IN THE REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE.

All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.

If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.

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

 

Shapiro & Kirsch, LLP Substitute Trustee

www.kirschattorneys.com

Law Office of Shapiro & Kirsch, LLP

6055 Primacy Parkway, Suite 410

Memphis, TN  38119

Phone 901-767-5566

Fax 901-767-8890

 

File No. 06-1011  

NOTICE OF TRUSTEE'S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 24, 2006, and the Deed of Trust of even date securing the same, recorded August 16, 2006, at Book 341, Page 20 in Office of the Register of Deeds for Polk County, Tennessee, executed by Hubert Lance Wilcox, conveying certain property therein described to Robert M. Wilson, Jr. as Trustee for "MERS" Mortgage Electronic Registration Systems, Inc., as a seperate corporation acting solely as nominee for America's Wholesale Lender and America's Wholesale Lender's successors and assigns; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on September 13, 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 the First Civil District of Polk County, Tennessee, being more particularly described as follows: Beginning at an iron pin located in the East line of a County Road, leading Southeasterly from Oak Grove Road at its intersection with the Northeast line of Robert W. Dalton and the Southwest line of Clinton K. Duckworth; thence along the East line of said County Road, North 11 degrees 0 minutes East, 209.0 feet to an iron pin; thence South 64 degrees 46 minutes East, 1,072.8 feet to an iron pin; thence South 3 degrees 35 minutes West, 213.0 feet to an iron pin; thence along the line of Dalton, North 65 degrees 0 minutes West, 1,100.0 feet to the beginning point. Legal description taken from prior deed.

Less and except out of the above 5 acres is that portion conveyed by Hubert L. Wilcox and wife, Tim Wilcox to Penny

M. Wolfe by deed dated August 8, 1994, recorded in Deed Book 175, page 40, in the Register's Office of Polk County, Tennessee.

Subject to Easements, restrictions, covenants and conditions of record, including matters shown on recorded plats.

Subject to Any governmental zoning and subdivision ordinances or regulations in effect thereon.

ALSO KNOWN AS:  125 Harrison Mill Road, Benton, Tennessee 37307

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

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. 726-191886

 

DATED August 6, 2010.

 

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

Successor Trustee

 

Insertion Dates: August 11, August 18, August 25, 2010

             

 

 

SUBSTITUTE TRUSTEE'S SALE

 

Sale at public auction will be on September 1, 2010 at 2:00 PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Beverly Andrews, Unmarried, to Charles S. Sanger, Trustee, on August 19, 1999 at Book 241, Page 686; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register's Office.

Owner of Debt: Wells Fargo Bank, N.A. successor by merger to Wachovia Bank, N.A.

The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

Described property located in the First (1st) Civil District of Polk County, Tennessee, more particularly described as follows:
Beginning at an iron pin found in the North line of Friendship Lane, said pin marking the Southeast corner of the property herein conveyed and the Southwest corner of the lands of Mitchell Darnell as shown in Deed Book 144, Page 195, in the Register's Office for Polk County, Tennessee; thence with said line of said Lane, North 87 degrees 36 minutes West, 158.6 feet to a point; thence North 89 degrees 38 degrees West, 100.9 feet to an iron pin placed in the remaining lands of Beverly Andrews; thence with said remaining lands of Andrews, North 05 degrees 38 minutes West, 320.6 feet to an iron pin placed; thence South 89 degrees 38 minutes East, 302.1 feet to an iron pin placed in the lands of Darnell; thence with the lands of Darnell, South 02 degrees 00 minutes West, 324.6 feet to an iron pin found at the point of beginning.
Subject to a right-of-way as evidenced by the joint use driveway agreement across the Southwest corner of the property described herein conveyed to Barbara Elizabeth DeMotts and Brian T. BeMotts by Warranty Deed dated January 18, 1991, and of record in Misc. Book 64, Page 96, in the Register's Office for Polk County, Tennessee, to which reference is here made.

Street Address: Route 1 Box 218 B (Per Deed of Trust), Delano, TN 37325

Current Owner(s) of Property: Beverly Ann Andrews

Other interested parties: CitiFinancial, Inc., CitiFinancial, Inc. and CitiFinancial, Inc.

The street address of the above described property is believed to be Route 1 Box 218 B (Per Deed of Trust), Delano, TN 37325, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.

All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.

If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.

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

 

Shapiro & Kirsch, LLP Substitute Trustee

www.kirschattorneys.com

Law Office of Shapiro & Kirsch, LLP

6055 Primacy Parkway, Suite 410

Memphis, TN  38119

Phone 901-767-5566

Fax 901-767-8890

 

File No. 10-007567  

PUBLIC NOTICE

BENTON CITY BEER BOARD

 

Benton City Beer Board will have a meeting Tuesday, August 17, 2010 at 4:00 p.m. at the Benton Municipal Building to hear an application filed by Bonnie Whitmire for Dolgencorp, LLC, 7775 Harper Rd. Hixson, TN 37343 to sell beer at the following location: 6160 Hwy. 411 Benton, TN 37307 To be known as: Dollar General #7981. This application is for the purpose of off premises sales only.

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

                               

 

 

 

 

 

 

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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
phone: 423-338-2818 | fax: 423-338-4574 | email

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