DEFAULT having been made in the terms,
conditions and payments provided in certain Deed of Trust executed by Michael
A. Cain and Patricia M. Cain to Robbie Mclean, Trustee dated August 30, 2005 in
the amount of $77,000.00, and recorded in the Register's Office of Polk County,
Tennessee in Deed Book 325, Page 676, ("Deed of Trust"); and, the
beneficial interest of said Deed of Trust having been last transferred to The
Bank of New York Mellon Trust Company, National Association fka The Bank of New
York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee by
assignment; and, The Bank of New York Mellon Trust Company, National
Association fka The Bank of New York Trust Company, N.A. as successor to
JPMorgan Chase Bank N.A. as Trustee, as the current owner and holder of said
Deed of Trust (the "Owner and Holder"), has appointed as Substitute
Trustee the undersigned, , any of whom may act, 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;
therefore,
NOTICE is hereby given that the entire
amount of said indebtedness has been declared due and payable as provided in
said Deed of Trust by the Owner and Holder, and the undersigned as Substitute
Trustee, or a duly appointed attorney or agents by virtue of the power and
authority vested by the Appointment of Substitute Trustee, will on Thursday,
September 9, 2010 commencing at 3:00 PM at the front steps on Ocoee Street of
the Polk County Courthouse, Benton, Tennessee; sell to the highest bidder for
cash, immediately at the close of sale, the following property to-wit: Located
in the First Civil District of Polk County, Tennessee, to-wit: BEGINNING at a
point in the North line of the New Parksville Road at the Southeast corner of
the land herein conveyed and the Southwest corner of Richardson, being marked
by a concrete highway marker; thence North 52 degrees West along the North line
of the New Parksville Road, 42 feet to a point; thence North 24 degrees 30
minutes West 91.6 feet to an iron pin; thence North 24 degrees 30 minutes East
along the East line of Goodman, 103.7 feet to an iron pin; thence continuing
along the East line of Goodman, North 42 degrees East 132 feet to a point
marking the Northwest corner of the land herein conveyed; thence South 42
degrees East along the Southwest line of Burris, 70 feet to a point in the West
line of Richardson; thence South 23 degrees 15 minutes West along the West line
of Richardson, 271 feet to a point, the place of beginning as shown by plat of
survey of Harold D. German dated March 7, 1970 to which survey specific
reference is hereby made and incorporated herein as if copied verbatim. SUBJECT
TO any covenants, conditions, restrictions, reservations or easements of
record. SUBJECT TO any governmental zoning and subdivision ordinances or
regulations in effect thereon. SUBJECT TO restrictions as recorded in Deed Book
110, Page 191 in the Registers Office of Polk County, Tennessee. For prior deed
reference see Book 229, Page 170 in the Registers Office of Polk County,
Tennessee.Map & Parcel
No.: 046 028.01
CURRENT OWNER(S): Michael A. Cain and
Patricia M. Cain
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, however, the undersigned will sell and convey
only as Substitute Trustee. The sale will be held subject to any unpaid taxes,
assessments, rights-of-way, easements, protective covenants or restrictions,
liens, and other superior matters of record which may affect said property; as
well as any prior liens or encumbrances as well as priority created by a
fixture filing; and/or any matter that an accurate survey of the premises might
disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee
Department of Revenue, or the State of Tennessee Department of Labor and
Workforce 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,
as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and
(2) to final confirmation and audit of the status of the loan with the holder
of the Deed of Trust. Substitute Trustee reserves the right 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. MCC TN,
LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305
McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No.
10-10623 /CONV Ad Run Dates: 8/18/2010, 8/25/2010 and 9/1/2010
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR
AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
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 December 28, 2001 by
TIMOTHY LUKE CRIBBS AND WIFE, LORI M. CRIBBS aka LORI MARIE CRIBBS to BRANCH
BANKING AND TRUST COMPANY, Lender and BB&T Collateral Service Corporation,
Trustee(s), which was recorded on January 8, 2002, in Book TD268, at Page 602,
and modified of record in Book TD308, page 636, 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 September 9, 2010, at 12:00 p.m. 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:
A certain tract or parcel of land in the
Third Civil District of Polk County, Tennessee and being more particularly
described as follows:
BEGINNING at an iron pin at the corner of
the Godfrey property and Grassy Creek Road; thence North 6 deg 47' East a
distance of 245.2 feet to a white oak tree; thence North 85 deg 55' West a distance
of 710.0feet to an iron pin;
thence South 21 deg 11' East a distance of 480.00 feet to an iron pin; thence
North 72 deg 56' East a distance of 528.4 feet to the point of beginning,
containing 5.0 acres more or less, as surveyed by D. J. Gladson on July 4,
1979.
Subject to existing easements and right of
ways for public roads and utilities, if any.Subject to Polk County, Tennessee Subdivision Regulations
and Mobile Home Regulations.Also
conveyed herewith is the non-exclusive right of ingress, egress and utility
service along existing roads to the subject property.
Being the same property conveyed to Timothy
Luke Cribbs and wife, Lori M. Cribbs by Warranty Deed from Richard R. Hicks and
wife, Melissa S. Hicks of record in Deed Book 199, page 23, Register's Office
for Polk County, Tennessee.See
also Quitclaim Deed of record in Book WD227, page 50 and Book WD229, page 79,
said Register's Office.
LESS AND EXCEPT that certain realproperty conveyed to Lowell K. Bice and
wife, Wanda F. Bice of record in Book WD227, page 53, and released from Deed of
Trust of record in Book TD268, page 602 by release of record in Book MS108,
page 384 anddescribed as follows
:
A certain tract of land situated in the
part of Section 20, Fractional Township 4 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 set at the
northwest corner of the property herein conveyed and running North 72 degrees
39' 27" East a distance of 3.93 feet to an iron pin found, 1/2"
rebar; thence, North 72 degrees 39' 27" East a distance of 195.29 feet to
an iron pin set at the corner common; thence South 33 degrees 29' 25" East
a distance of 372.61 feet to an iron pin set; thence South 56 degrees 30'
35" West a distance of 289.63 feet to a 1" open pipe found; thence
North 65 degrees 35' 19" West a distance of 206.68 feet to an iron pin
set.Thence, along the Eastern right
of way of Mount Harmony Road, an 18-foot wide paved county maintained road with
20-foot right of way, the following three (3) calls and distances:North 06 degrees 25' 43" East a
chord distance of 44.87 feet with an arc of 44.89 feet and radius of 435.63
feet; thence, North 03 degrees 28' 35" East a distance of 116.01 feet;
thence, North 07 degrees 33' 08" East a chord distance of 166.82 feet with
an arc of 166.96 feet and radius of 1173.52 feet to the point of beginning
containing 3.0 acres of land, more or less, as shown on survey plat dated July
1, 2003 by Lowell K. Bice, Tennessee Registered Land Surveyor No. 1892, of Bice
Surveying Company, Route 1 Box 148, Copperhill, Tennessee 37317, Phone (423)
496-2342.A copy of the plat is
attached and incorporated by reference for a more accurate and complete description
to Deed of record in Book WD229, page 79, Register's Office for Polk County,
Tennessee.
Subject to existing easements and right of
ways for public roads and utilities, if any.Subject to Polk County, Tennessee Subdivision Regulations
and Mobile Home Regulations.Also
conveyed herewith is the non-exclusive right of ingress, egress and utility
service along existing roads to the subject property.
Being part of the same property conveyed to
Timothy Luke Cribbs and wife, Lori M. Cribbs by Warranty Deed from Richard R.
Hicks and wife, Melissa S. Hicks of record in Deed Book 199, page 23 and
further conveyed to Timothy Luke Cribbs by Quitclaim Deed from Lori Marie Elrod
f/k/a Lori Marie Cribbs of record in Deed Book WD227, page 50, Register's
Office for Polk County, Tennessee.
Parcel ID Number: 125-019.01
Said property is commonly known as 130
Godfrey Road, Copperhill, TN 37317.
Current Owner(s): Lori Marie Elrod f/k/a
Lori Marie Elrod Cribbs.
Other Interested Party(ies): .
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.: 09-07457
Publication Dates: 8/18/2010, 8/25/2010,
9/1/2010
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, TN38119
Phone 901-767-5566
Fax 901-767-8890
File No. 10-001656
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 INUNRELEASED 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, TN38119
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, TN38119
Phone 901-767-5566
Fax 901-767-8890
File No. 10-007567
NOTICE OF SUBSTITUTE
TRUSTEE'S SALE
TENNESSEE, POLK COUNTY
DEFAULT having been made in the terms,
conditions and payments provided in certain Deed of Trust executed by Danny C.
Stiles to Billy D. Baililes, Trustee dated June 8, 2001 in the amount of
$64,787.00, and recorded in the Register's Office of Polk County,
Tennesseein Deed Book 260, Page
102, ("Deed of Trust"); and, the beneficial interest of said Deed of
Trust having been last transferred to GMAC Mortgage, LLC by assignment; and,
GMAC Mortgage, LLC, as the current owner and holder of said Deed of Trust (the
"Owner and Holder"), has appointed as Substitute Trustee the
undersigned, , any of whom may act, 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; therefore,
NOTICE is hereby given that the entire
amount of said indebtedness has been declared due and payable as provided in
said Deed of Trust by the Owner and Holder, and the undersigned as Substitute
Trustee, or a duly appointed attorney or agents by virtue of the power and
authority vested by the Appointment of Substitute Trustee, will on Thursday,
August 26, 2010 commencing at 3:00 PM at the front steps on Ocoee Street of the
Polk County Courthouse, Benton, Tennessee; sellto the highest bidder for cash, immediately at the close of
sale, the following property to-wit:
A certain tract of land situated in the
Northwest Quarter of Section 20, 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 the Northwest corner of the
Ben Cantrell lot, which point of beginning is North 25 degrees 57 minutes West
a distance of 1356.7 feet from the Southwest corner of the Northwest Quarter of
Section 20; thence South 52 degrees 30 minutes East a distance of 330 feet;
thence North 37 degrees 30 minutes East a distance of 300 feet; thence North 52
degrees 30 minutes West a distance of 330 feet; thence South 37 degrees 30
minutes West a distance of 300 feet to the point of beginning, containing 2.27
acres, more or less, as surveyed by Joe Williams, Bill Mercier and J.T. Rogers
on October 26, 1953 and shown on Map No. N-94 on file in the General Office of
the Tennessee Chemical Company in Polk County, Tennessee.
Subject to the reservation of mineral
right, right of ingress and egress and release from damage to vegetation as
described in Deed Book 44, Page 406 in the Register of Deeds Office, Polk County,
Tennessee.
Hydrocarbon Estate, (gas, oil, helium,
etc.) and right of ingress and egress heretofore reserved by Cities Service
Company. See Deed Book 108, Page 289-327 in the Register of Deeds Office, Polk
County, Tennessee.
The subject property is conveyed surface
only and is therefore subject to reservation of mineral rights, full mining
privileges, release from any and all damages to vegetation of all kinds, trees,
etc., which may at any time accrue on account of smoke, fumes, gasses, or other
substances, if any, from the mining, smelting and other operations of Tennessee
Chemical Company, its successors and assigns and for that purpose, there is
reserved a perpetual easement to the property.
Being and intended to be the same property
conveyed unto Danny C. Stiles from Michael Neal Adams by Warranty Deed recorded
on June 13, 2001 in Warranty Deed Book 218, Page 34 in the Register of Deeds
Office, Polk County, Tennessee.
SUBORDINATE LIENHOLDERS: Bureaus Investment
Group No. 5 LLC
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, however, the undersigned will
sell and convey only as Substitute Trustee.
The sale will be held subject to any unpaid
taxes, assessments, rights-of-way, easements, protective covenants or
restrictions, liens, and other superior matters of record which may affect said
property; as well as any prior liens or encumbrances as well as priority
created by a fixture filing; and/or any matter that an accurate survey of the
premises might disclose.
If the U.S. Department of Treasury/IRS, the
State of Tennessee Department of Revenue, or the State of Tennessee Department
of Labor and Workforce 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, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and
(2) to final confirmation and audit of the status of the loan with the holder
of the Deed of Trust.
Substitute Trustee reserves the right 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.
MCC TN, LCC
3525 Piedmont Road NE, Six Piedmont Center,
Suite 700
Atlanta, GA 30305
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-13814 /VA Ad Run Dates: 08/04/2010,
08/11/2010 and 08/18/2010
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR
AND IS ATTEMPTING TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BID NOTICE
Bids are being accepted for an Assisted
Living Retirement Community in Polk County built to state standards and
guidelines. For further information and specifications call Victoria Carruth at
423-496-9658. Bids will be opened September 1.
The governor’s proposal to increase class sizes in the elementary schools, and to base the state’s payments on those maximums, could mean a significant loss of revenue for teaching positions in Polk County.
At the Jan. 19 meeting, commissioners were told that the Library Board would like to move the library from the lower level of the Courthouse to the building soon to be vacated by the Benton Family Health Care Center.
Teachers across the state, still reeling from last year’s loss of negotiating rights and a complicated evaluation system, now face a loss of a guaranteed salary schedule based on longevity and education.
The Library Board will be asking the County Commission for approval to move the library from the Courthouse to what is currently home to the Benton Family Health Care Center.
Video surveillance has been installed at the county’s convenience centers to identify people leaving garbage outside the fence at the convenience centers or throwing it over the fence when the centers are closed.
The collision happened around 6:45 a.m. Dec. 28 when a westbound truck carrying around 20 tons of calcine lost control coming around a curve on Hwy. 64 and flipped on its side.
Board members spent a majority of the meeting listening to a laundry list of ranging from mold issues to the proper wording on “no smoking” signs on the outside bleachers.
The IBMA Leadership Bluegrass, now in its 13th year, is an intensive three-day program that brings together the most progressive leaders to collaboratively challenge issues facing the professional music industry.
Lee University’s Encore Program, which offers people age 60 and over the opportunity to take university courses, has a new line up of specially-designed mini-courses for the spring.
Horse Trainer and owner of Double S. Stables, Randy Speegle of Benton took second place in the Legends division at the Mustang Challenge in Murphreesboro on October 21st – 23rd.
Local residents got their first look at potential routes for a Copperhill-McCaysville Bypass, at a public information open house held last Thursday by Project Engineers for the Georgia Department of Transportation.
Tennessee Agriculture Commissioner Julius Johnson has authorized a statewide referendum for cattle producers to vote on a $0.50 per head increase in the assessment to fund the in-state promotion of beef.
While some students may be nervous about how the upcoming exams could affect their college options, the Tennessee Electronic Library (TEL) has the tools they need to succeed.
Principal Mrs. Patricia Smith proudly announces the Copper Basin Elementary 1st and 2nd honor students. Students must have a 93 or higher average in all classes for the 1st honor roll.
Mrs. Deborah Swafford of Old Fort, was chosen by Northwest Elementary Faculty in Murray Co, Georgia to be Teacher of the Year for the 2011-2012 School year.
On Oct. 7, with the help of Vice Principal Turner, who kept her out of class for a few minutes to get it set-up, The Senior English 12 Class threw a Surprise party for Mrs. Ellen Carr.
Virginia Deloris Brown Trantham, affectionately known to family, friends and coworkers as “Sally”, age 77, of Copperhill, TN passed away Tuesday, January 24, 2012.
I just wanted to say a big “Thank You” to Cheryl Maxwell, Mayor Stephens, Linda Caldwell, and others who planned and carried out a very successful 2nd Annual Heritage Days festival in Benton.
There is an old saying, which many credit to Native Americans as advising, “You can’t really understand someone else, unless you live their life or walk in their shoes (so to speak).
Photo from 1910 provided by Bill Lillard shows the family of Calvin Higdon, who built the Higdon Hotel in Reliance. Calvin (1836-1919) and Amanda Linderman Higdon (1845-1926) were married in 1860.
From Polk County News, 9/13/34
Famous Monroe County Hotel Is Now No More
People from All Over South Visited the “Saratoga of the South” in the Good Old Days.
The Museum Center at 5ive Points will host a presentation on Learning to Care and Maintain Your Featherweight Sewing Machine by Stan Pegram on Saturday, February 11 from 10:00 - noon.
Sequoyah Birthplace Museum is offering a Cherokee language class in Vonore, TN on the following Mondays, January 9, 16, 23, 30, 2012 from 6:30 p.m. – 8:30 p.m.
Each day kids will create their own holiday spirit by making decorations, learning games and trying foods from the past. Campers are asked to bring a sack lunch.
“It was like seeing a freight train coming down the tracks 90 miles an hour and trying to stop it by stepping in front of it”, Coach Danny Rogers said.
The Copper Basin Medical Center’s District Board honored Dr. William E. Lee last week. Dr. Lee, 85, has spent a lifetime in service, not only to the community but to the world through his medical mission trips.
EPA is proposing actions to improve the water quality of the Ocoee from Copperhill to Dam No. 3, at Dam No. 3, and at the upper reach of Parksville Dam.
The Ocoee River Outfitters Association will conduct a stream cleanup with the help of approximately 130 volunteers on Friday, May 27, 2011 starting at 9:00 am.
Beginning in mid-January culverts will be replaced on Sina Branch Road where it crosses Sawmill Branch in the Ocoee Ranger District in Polk County, TN.
Drawdown is underway at Apalachia Lake, according to David Bowling with River Operations at TVA. He said the lake will drop 18-20 feet for routine maintenance work.
Trout stocking will be reduced about 20% in the coming fiscal year and could be reduced 85% after that, according to Frank Fiss, Assistant Chief of Fisheries at the Tennessee Wildlife Resources Agency.
TVA has created a smartphone app for those wanting to check on reservoir elevations, water release schedules and more. The information has been available online, but the new app will allow access by cell phone.
Unseasonably high temperatures -- in the 90s -- are sending folks to the water. The Ocoee Whitewater Center is a popular place when the river isn't flowing, and the Hiwassee and Ocoee are popular when it is.
People come from near and far to experience a variety of outdoor recreation activities including camping, picnicking, hiking, bike riding, water play, fishing and much more.
VEC was recently notified by a neighboring utility that they have been receiving complaints from customers who have been visited by scam artists posing as energy evaluators.
The Tennessee Historical Commission is now accepting nominations for its Certificate of Merit Awards to honor individuals or groups that have worked to preserve Tennessee’s cultural heritage during 2011.
The Tennessee Tobacco QuitLine offers personalized support for Tennessee residents who want to quit smoking by connecting them with trained quit coaches to guide them through the quitting process.
The Tennessee Department of Commerce and Insurance (TDCI) Consumer Affairs division is urging consumers to be wary of emails that request participation in a survey and that promise a gift card in return.
While many job placement firms may be legitimate and helpful, others may misrepresent their services, promote outdated or fictitious job offerings and charge high fees in advance for services that may not lead to a job.
The annual campaign has enrolled tens of thousands of children in the low-cost health insurance plan, which provides coverage for everything from physician visits to hospitalization to dental and vision care.
The Tennessee Department of State has launched a campaign to educate citizens about the new photo identification requirement that will go into effect for elections held in the state after Jan. 1, 2012.
All of the legislation approved this year, during the first session of the 107th General Assembly, is now available online at the Office of Secretary of State web site.
Applications for the State Energy Efficient Appliance Rebate Program (SEEARP) are available online at www.e-rebates.org/teearp or by phone at 1-877-741-4304 on a first-come, first-served basis.
Individuals who have received LIHEAP assistance since July 2010 must wait until October 1 for the new program year to begin before they can re-apply for benefits.
“Kids Fishing Day” event in Cherokee National Forest’s Ocoee/Hiwassee Ranger District is scheduled for May 21, 2011 at McCamy Lake. Anglers 15 years and under are invited to try their luck.
Ducktown resident Jack Suites and his partner Bitt Ledford of Murphy, N.C. took home the $700 second place prize at the Tri-County Community College Foundation Fishing for Scholarships Bass tournament on April 2.
More than four months after a spotted bass weighing 6 pounds, 7 ounces was caught on the Ocoee River in Polk County, the Tennessee Wildlife Resources Agency has confirmed the fish as a new state record
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