Polk County Road
Department will be accepting bids until 10:00 a.m. on September 14, 2010 at the
Benton Office.
At this time bids will be opened for resurfacing 2.811
mi. on Cookson Creek Road and 1.005 mi. on Smith Road. Tack should be included
in Asphalt price.
All Material and workmanship must meet Tennessee
Department of Transportation Specifications. Field Inspection will be conducted
by Tennessee D.O.T. personnel. All Bids must be submitted by licensed
contractors on an approved bid form.
Polk County Road Department reserves the right to
reject any/or all bids. For further information contact Harold Hood, Road
Superintendent at 423-338-4177.
PUBLIC NOTICE
If anyone has any claim to a trailer on the property of
Charles Yates at 7160 Hwy. 411 Benton, TN 37307 they need to contact Charles
Yates within 30 days of the first date of publication of this notice September
1, 2010.
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Whereas default has occurred in the payments of debts
and obligations to be paid in that certain Deed of Trust
acknowledged May 23, 2008, and executed by ADAM JEROME GOFORTH, to E. L.
PARKER, III, as Trustee, recorded in the Register's Office of Polk County,
Tennessee, under Deed of Trust Book 380, Pages 48-53; and the undersigned, RUSSELL
J. BLAIR, having been appointed by the holder of said indebtedness and
obligations as Substitute Trustee on said Deed of Trust, said appointment being
recorded in said Register's Office under Deed Book MS137, Pages 106-107; and
the holder of said indebtedness and obligations having requested the
undersigned to advertise and sell the property described in and conveyed to
said Deed of Trust, all of said indebtedness and obligations having matured by
default, this is to give notice that RUSSELL J. BLAIR, as Substitute Trustee,
will on Friday, September 17, 2010 commencing at 12:00 p.m. (or noon) at the
Polk County Courthouse in Benton, Tennessee, and at the
front entrance thereof, proceed to sell at public outcry to the highest and
best bidder FOR CASH the following described property ("Property")
situated and being in Benton, Polk County, Tennessee, to
wit:
LYING AND BEING
SITUATED in the First Civil District of Polk County, Tennessee, BEING PART OF
LOT NO. ELEVENT (11) OF THE SWEENEY ESTATES SUBDIVISION, SECTION 2, as shown by
plat recorded in Plat Book 3, Page 54, Register’s Office, Polk County,
Tennessee and being more particularly described as follows, to-wit:
BEGINNING at the
intersection of the North line of a public road through Sweeney Estates
Subdivision, Section II, with the dividing line between Lots 11 and 12 of said
subdivision; thence along the dividing line between Lots 11 and 12, North 58°
49’ East, 280 feet to an iron pin; thence North 8° 56’ East, 372.5 feet to a
point; thence North 67° 22’ West, 75 feet to a point; thence South 8° 56’ East
339.3 feet to an iron pin; thence South 58° 49’ West, 283.1 feet to an iron pin
located in the Northeast line of said public road; thence along the line of
said public road, South 58° 32’ East, 20.9 feet to an iron pin; thence on a
right handed curve Delta 93° 5’ with a tangent of 128.43 feet a distance of 70
feet to the BEGINNING point.
Said lot is
conveyed subject to utility and drainage easements and set back lines as shown
on said plat recorded in the Register’s Office, Polk County, Tennessee.
Said tract is
also conveyed subject to the following restrictive covenants:
1) Said lot shall
be used for residential use only.
2) All mobile
homes must be underpinned.
AND BEING THE
SAME PROPERTY conveyed to Adam Jerome Goforth, by Warranty Deed of Martha Ann
Hastings, dated May 23rd, 2008, and of record in Deed Book 257,
Pages 73-75, in the Register’s Office for Polk County, Tennessee, to which
reference is here made.
Being the
same property conveyed to ADAM JEROME GOFORTH by deed from MARTHA ANN HASTINGS,
of record in Deed Book TD380, Pages 48-53, Register's Office for Polk County,
Tennessee; and further conveyed by MARTHA ANN HASTINGS by Deed of Trust to E. L.
PARKER, III, Trustee, of record in Deed of Trust Book 380, Pages 48-53,
Register's Office for said County; the said E. L. PARKER, III, Trustee, having
been replaced by RUSSELL J. BLAIR, Substitute Trustee, by instrument of record
in Deed Book MS137, Pages 106-107 in the Register's Office for said County.
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.
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.
Dated: August 30, 2010
BLAIR & PARKER
RUSSELL J. BLAIR (BPR#027108)
SUBSTITUTE TRUSTEE
P.O. Box 804
Etowah, TN37331
(423) 263-7872 (ph)
(423) 263-7871 (fx)
PUBLICATION DATES: 09/01/2010, 09/08/2010, and 09/15/2010.
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on
September 21, 2010 at 2:00 PM local time, at the west door, Polk County
Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Charles
Jason Curtis and Kelly M. Curtis, husband and wife, to EquiTitle, Inc.,
Trustee, on September 7, 2006 at Book TD343, Page 42; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all
of record in the Polk County Register's Office.
Owner of Debt: HSBC Mortgage
Services, Inc.
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, to wit:
Lots Numbered Eighteen (18), Nineteen (19), Twenty-one (21) and Twenty-two
(22), as laid down in the original Plat of the Town of Benton, Tennessee, to
which plat reference is hereby made for a more particular description of said
property.
Street Address: 126 Lindon
Street, Benton, TN 37307
Current Owner(s) of Property:
Charles Jason Curtis, married
The street address of the
above-described property is believed to be 126 Lindon Street, 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.
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.
Whereas, by Deed of Trust dated December 19, 2007,
and recorded at Book TD 371, Page 270 in the Register's Office for Polk County,
Tennessee, Callihan Custom Cabins, LLC, conveyed the hereinafter described
property to G. William Little, III, Trustee, to secure the payment of the debts
of Callihan Custom Cabins, LLC owing to Gilmer County Bank. On September 28,
2009, Walter N. Winchester of Knoxville, Tennessee, was appointed as Successor
Trustee by the Beneficiary, Gilmer County Bank. Default has been made in the
payment of said indebtedness, the entire balance has been declared due and
payable in full and the owner and holder of said Note has directed me, the
undersigned Successor Trustee, to foreclose said Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me
by said Deed of Trust, at 11:30 a.m. local time on the 16th day of
September, 2010, at the front steps of the Courthouse in Benton, Polk County,
Tennessee, I will sell the following described Real Estate AT PUBLIC AUCTION to
the last, highest and best bidder FOR CASH (on such terms as announced at
sale), free from all equitable rights of redemption, statutory right of
redemption, homestead, dower, and all other exemptions and redemptive rights of
every kind, all of which were expressly waived and surrendered by the terms of
said Deed of Trust, subject, however, to such prior encumbrances, easement,
leases, objections, restrictions, out-conveyances, ad valorem property taxes
(current and delinquent) and any tax liens that may appear of record, the
following described real estate (the “Real Estate”):
All that tract or parcel of land lying and being in
Section 30; Fractional Township 3 South Range 5 East of the Ocoee Basis Line;
Third Civil District of Polk County, Tennessee, containing 4.45 acres, more or
less, as shown on a plat of survey by Lane S. Bishop and Associates, Lane S.
Bishop, T.R.L.S. No. 1324, dated October 6, 2000, and recorded in Polk County
Records in Plat Book 8, page 343.Said plat is incorporated herein by reference hereto, for a full and
complete description of the above described property.
Being and intended to be a portion of the same
property conveyed by Warranty Deed dated August 7, 1998, from Campbell Cove
Lake Development Co., LLC in favor of Cynthia H. Flanders, April V. Flanders,
and Paul Christopher Flanders and recorded in Polk County Records in Warranty
Deed Book 206, pages 33-35.
Being
and intended to be the same property conveyed by Warranty Deed Reserving
Easement dated March 15, 2001, from Cynthia H. Flanders, Paul Christopher
Flanders, and April V. Flanders in favor of C.C.C. Developments, LLC and
recorded in Polk County Records in Warranty Deed Book 217, pages 496-503.
Subject
to all easements, restrictions and rights-of-way as shown on plat recorded in
Polk County Records in Plat Book 8, page 343 and Plat Book 8, page 129.
Potentially subject to Restrictions for Campbell
Cove Lake Section II, and any and all other tracts whether numbered or
unnumbered adjoining and/or a part of Section II, recorded in Polk County
Records in Misc. Book 79, pages 243-246; Amendment to Restrictions Governing
Campbell Cove Lake Subdivision, Sections I-IV, recorded in Polk County Records
in Misc. Book 104, pages 406-407.
Subject to Easement recorded in Polk County Records
in Warranty Deed Book 208, pages 404-7 and Warranty Deed Book 208, pages
408-14.
Subject to Minutes and Corporate Resolution of CCC
Developments, L.L.C. recorded in Polk County Records in MS Book 118, page 263.
Subject
to Hydrocarbon Estate and right of ingress and egress reserved by Cities
Service Company in Warranty Deed recorded in Polk County Records in Deed Book
108, pages 289-327.
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, gases, 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 as shown in Warranty
Deed recorded in Polk County Records in Deed Book 108, pages 289-327.
Subject to any and all easements and rights-of way
for public roads, electric transmission lines and telephone lines heretofore
acquired by predecessors in title by Polk County, Tennessee, Department of
Highways and Public Works, TVA and Southern Bell Telephone and Telegraph
Company as shown in Warranty Deed recorded in Polk County Records in Deed Book
47, page 35.
Subject to the leasehold interest of employees and
others, including Board of Education of Polk County, Tennessee as shown in
Warranty Deed recorded in Polk County Records in Deed Book 47, page 35.
Subject
to the interests of the L & N Railroad Company in and to right-of-way of
land conveyed to it as shown in Warranty Deed recorded in Polk County Records
in Deed Book 47, page 35.
Subject to conveyance and reservation of a
non-exclusive 80’ easement for ingress and egress as shown in Warranty Deed
recorded in Polk County Records in Warranty Deed Book 206, pages 33-35.
Subject
to restrictions shown in Warranty Deed recorded in Polk County Records in
Warranty Deed Book 206, pages 33-35.
Subject to existing easements and rights-of-way for
public roads and Polk County, Tennessee subdivision regulations as shown in
Warranty Deed recorded in Polk County Records in Warranty Deed Book 206, pages
33-35.
Subject
to conveyance and reservation of a non-exclusive right of ingress and egress
over the existing road on the above described property as shown in Warranty
Deed Reserving Easement recorded in Polk County Records in Warranty Deed Book
217, pages 496-503.
Subject to reservation of the non-exclusive right of
use said road for access to remaining property as shown in Warranty Deed
Reserving Easement recorded in Polk County Records in Warranty Deed Book 217,
pages 496-503.
Subject
to road maintenance agreement by Grantee, their heirs and assigns, as shown in
Warranty Deed Reserving Easement recorded in Polk County Records in Warranty
Deed Book 217, pages 496-503.Said
Grantee, their heirs and assigns, shall maintain road on the above described
property, along with assuming all liability for road installation and
maintenance.
Being a portion of the same property conveyed to
Callihan Custom Cabins, LLC by Warranty Deed from CCC Developments, L.L.C.,
dated January 13, 2006 and recorded January 10, 2006, in Book WD242, page 385,
in the Register’s Office for Polk County, Tennessee.
Said
real estate has street addresses of Campbell Cove Lake, Campbell Cove Lake,
Tennessee. In the event of a discrepancy between the street address and the
property description, the property description shall control.
The Real Estate will be sold AS IS WHERE IS with no
warranties or representations of any kind, express or implied, and including
warranty for a particular purpose. The Successor Trustee may sell the above
described Real Estate together as a whole or in lots, parcels, or tracts, as
announced at the sale, and no such successive sales shall exhaust the power of sale.
The aforesaid sale may be postponed to a later date by oral announcement at the
time and place of the published sale or cancelled without further written
notice or publication.The
Successor Trustee reserves the right to take or accept the next highest, or
best bid, at such sale should the last and highest bidder fail or refuse to
comply with the terms of sale for any reason.In such event, the Successor Trustee shall also reserve the
right to reopen the bidding or republish and sell said Real Estate at the
option of the undersigned.The
Beneficiary may bid on said Real Estate and the Successor Trustee reserves the
right to conduct the sale by or through his agents or attorneys acting in his
place or stead, including the use of an auctioneer. The provisions of T.C.A.
§35-5-117, if applicable, have been timely complied with by Community and
Southern Bank and any and all notices required by T.C.A §35-5-117 have been
timely provided.
OTHER INTERESTED PARTIES:Hayes, James & Associates, Inc.
Witness my hand this the 20th day of August,
2010.
Walter
N. Winchester, Successor Trustee
Winchester,
Sellers, Foster & Steele
Suite
1000, First Tennessee Plaza
800
South Gay Street
Knoxville,
Tennessee 37929
Phone:(865) 637‑1980
Publish
Dates: August 25, September 1, September 8, 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 April 7, 2004, and the Deed of Trust of even date securing
the same, recorded April 14, 2004, at Book TD304, Page 87 and modified on
November 20, 2006, at Book TD346, Page 383 in Office of the Register of Deeds
for Polk County, Tennessee, executed by John McClary a/k/a John Michael McClary
Kecia McClary and Joe B. McClary, conveying certain property therein described
to The Title Guaranty and Trust Company as Trustee for Mortgage Electronic
RegistrationSystems, Inc., a
separate corporation acting solelyas nominee for USA Mortgage Inc. and USA Mortgage Inc.'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 20, 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:
Lying and being situated
in the First Civil District of Polk County, Tennessee and being more
particularly described as follows, to-wit:
Beginning at the
intersection of the Northwestern corner of property of Hiwassee Land Company,
Deed Book 97/232, and the Northwestern corner of the herein described parcel,
said point also lying in the right of way of Columbus Road; run thence along
said right of way of Columbus Road North 45 degrees 06 minutes 23 seconds East
272.42 feet to a point; thence along other property of John McClary, Deed Book
219/177, South 02 degrees 07 minutes 47 seconds East 65 feet to a corner;
thence North 87 degrees 52 minutes 13 seconds East 100 feet to a point; thence
South 02 degrees 07 minutes 47 seconds East 745 feet to a point; thence South
87 degrees 52 minutes 34 seconds West 300 feet to a corner; thence North 02
degrees 07 minutes 47 seconds West 625 feet along said Hiwassee Land Company property
to the point of beginning. All as shown by survey of Doyle McCracken Road
Southeast, Cleveland, Tennessee, Tennessee, License Number 745, dated 1-7-03.
For prior title, see
Warranty Deed of record in Deed Book 219, Page 181, from Joe B. McClary and
John Michael McClary to John Michael McClary and wife, Kecia McClary, dated
10-12-01 and recorded 10-12-01, in the Register's Office of Polk County,
Tennessee.
This conveyance is made
subject to the following:
Anny governmental zoning
and subdivision ordinance or regulations in effect theron.
Oil and Gas Lease as
recorded in Misc. Book 42, Page 17, in the Register's Office of Polk County,
Tennessee.
Right of Way of L &
N Railroad.
Any Rollback Taxes that
may apply as a result of Greenbelt Application as recorded in Misc. Book 101.
Page 33 and Misc. Book 46, Page 151, in the Register's Office of Bradley
County, Tennessee.
ALSO KNOWN AS:320 Columbus Road, Delano, Tennessee
37325
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:John McClary a/k/a John Michael McClary; Kecia McClary; Joe
B. McClary; First Horizon Home Loan Corporation;
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.
700-180642
DATED August 20, 2010.
WILSON & ASSOCIATES,
P.L.L.C.,
Successor Trustee
Insertion Dates: August
25, September 1, September 8, 2010
SUBSTITUTE
TRUSTEE'S SALE
Sale at public
auction will be on September 17, 2010 at 10:00 AM local time, at the west door,
Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by
Charles H. Eaves, to EquiTitle, Inc., Trustee, on February 12, 2009 at Book
TD391, Page 120; conducted by
Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County
Register's Office.
Owner of Debt:
Financial Freedom Acquisition LLC
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: Situated in the District No. One of
Polk County, Tennessee, in Section 21 of Fractional Township 2, North of Range
2 East of the Ocoee Survey District and bounded and described as follows:
Beginning in Benton-Wetmore Pike at the Northeast
corner of J.E. Johnson Tract, said corner being 38-1/2 degrees East, 58 poles
as measured along said Pike from the South line of said Section 21; thence
along said Pike, North 39 degrees East 31-2/5 poles; thence North 38 degrees
28-3/5 poles; thence leaving said Pike; North 66-1/2 degrees West 117-2/5 poles
to a stake; thence South 23 degrees West 57-3/5 poles to a stake; thence South
66-1/2 degrees East 102-3/5 poles to the beginning corner and containing by
calculation 40.3 acres and being shown as Lots 4 and 5 on the map of H.W.
McClary Farm made by John S. Williams. Excluded from the above described
property is the following:
Property conveyed to
John Cody Eaves in Deed Book 245, Page 172; property conveyed in Deed Book 188,
Page 158 and property conveyed in Deed Book 188, Page 316 and also property
conveyed in Deed Book 252, Page 295, in the Register's Office of Polk County,
Tennessee.
There is also
conveyed herewith an easement for right of way purposes, a strip of land 20
feet wide, commencing at the Northwest corner of the herein conveyed tract and
running thence South 62 degrees 49 minutes East along the North line of the
herein tract, 379.2 feet to the Northeast corner of said tract and thence
extending South 62 degrees 49 minutes East, 293.1 feet to a point; thence South
49 degrees 50 minutes East, 44 feet to the West of Benton-Wetmore Pike.
Subject to Road
Maintenance Agreement recorded in Miscellaneous Book 130, Page 436, in the
Register's Office of Polk County, Tennessee.
Street Address: 208
Charles Eaves Lane, Benton, TN 37307
Current Owner(s) of
Property: Heirs of Charles H. Eaves
Other interested
parties: Ginger Wilson Buchanan, Attorney for Estate of Charles Horace Eaves,
Massengill Tire Company c/o Blackwell Law Office, PLLC and Secretary of Housing
and Urban Development
The street address of
the above described property is believed to be 208 Charles Eaves Lane, 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
ONE YEAR RIGHT OF REDEMPTION HELD BY SECRETARY OF HOUSING AND URBAN DEVELOPMENT
BY REASON OF THE DEED OF TRUST OF RECORD AT BOOK TD391, PAGE 131, IN THE
REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE.
SALE IS SUBJECT TO ROAD MAINTENANCE AGREEMENT OF RECORD IN BOOK MS130, PAGE
436, 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.
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 SUBSTITUTE TRUSTEES SALE
WHEREAS,
Fred Wilcoxon, Helen Wilcoxon, Timothy Lee Smith and Tonya Smith by Deed of
Trust dated 4-15-1996 of record in Book 192, page 115, Register’s Office of
Polk County, Tennessee, and by Deed of Trust of dated 2-4-2008 of record in
Book 375, Page 175, Register’s Office of Polk County, Tennessee conveyed to
DOUGLAS N. BLACKWELL II, duly appointed SUBSTITUTE TRUSTEE, the herein after
described real property to secure the payment of certain Promissory Notes
described in the Deeds of Trust, which Notes were payable to Benton Banking
Company, now known as First Volunteer Bank, and
WHEREAS,
default has been made in the payment of the Notes, and
WHEREAS,
the owner and holder of the Notes has demanded that the hereinafter described
real property and attachments be advertised and sold in satisfaction of the
indebtedness and costs of foreclosure in accordance with the terms and
provisions of the Notes and Deeds of Trust.
NOW, THEREFORE, notice is hereby give that I, DOUGLAS N. BLACKWELL II, SUBSTITUTE
TRUSTEE, pursuant to the power, duty, and authority vested in and conferred
upon me, by the Deeds of Trust, will on September 13, 2010 at 11:00 am at the
front of the Main Door of thePolk
County Courthouse in Polk County, Tennessee, offer for sale to the highest
bidder for cash, and free from all legal, equitable and statutory rights of
redemption, exemptions of homestead, rights by virtue of marriage, and all
other exemptions of every kind, all of which have been waived in the Deed of
Trust, certain real property and attachments located in Polk County, Tennessee,
described as follows:
PARCEL ONE:
BEGINNING at an iron pin located in the Southeast line
of Easley Ford Road at its intersection with the North line of White, being the
property acquired in Deed Book 118, page 26; thence along the line of Easley
Ford Road, North 41 degrees 58 minutes East, 26.97 feet to an iron pin; thence
leaving the line of said road, South 66 degrees 3 minutes East, 126.65 feet to
an iron pin; thence North 29 degrees 54 minutes 30 seconds East, 175 feet to an
iron pin; thence South 66 degrees 3 minutes East, 98.02 feet to an iron pin;
thence South 41 degrees 50 minutes West, 210 feet to an iron pin; thence North
66 degrees 3 minutes West 186.22 feet to the beginning point. Said tract
containing 0.42 acres, more or less, and being shown by survey of Jimmy L.
Richmond, TN License No. 917, Cleveland, Tennessee, and being dwg. No.
VF-17-Hixon.
TOGETHER WITH AND SUBJECT TO a water meter and water
line easement measuring 12 feet in width, more or less, as shown in deed
recorded in Deed Book 165, Page 314, in the said Register’s Office.
For prior title see Deed recorded in Book 187, Page 19,
in the Register’s Office of Polk County, Tennessee from EUGENE CATES AND WIFE,
MADGLENE PHYLLIS CATES to TIMOTHY LEE SMITH AND WIFE, TONYA SMITH AND FRED
WILCOXON AND WIFE, HELEN WILCOXON, dated 4-15-1996 and recorded 4-19-1996.
PARCEL TWO:
BEGINNING at an iron pin in the Southeast line of
Easley Ford Road at its intersection with the Southwest line of Dill, being the
property acquired in Deed Book 82, Page 1, in said Register’s Office; thence
South 66 degrees 3 minutes East, 88.2 feet; thence leaving the line of Dill,
South 29 degrees 54 minutes 30 seconds West, 175 feet to an iron pin; thence
North 66 degrees 3 minutes West, 126.65 feet to an iron pin in the line of
Easley Ford Road; thence along the line of Easley Ford Road, North 41 degrees
58 minutes East, 183.03 feet to the beginning point. Said tract contains 0.43
acres, more or less.
For prior title see Deed recorded in Deed Book 187,
Page 17, in the Register’s Office of Polk County, Tennessee from RUBY M. HIXSON
to TIMOTHY LEE SMITH AND WIFE, TONYA SMITH AND FRED WILCOXON AND WIFE, HELEN
WILCOXON, dated 4-15-1996 and recorded 4-19-1996.
THIS CONVEYANCE MADE SUBJECT TO THE FOLLOWING:
Any governmental zoning and subdivision ordinances in
effect thereon.
Any covenants, conditions, restrictions, reservations
or easements of record.
Any roadways or rights of way extending into, through,
over or under said property.
Any state of facts an accurate survey would disclose
Commonly known as 1296 Boanergess Church Road, but such
are not included in the legal description of the property to be sold.
OTHER INTERESTED PARTIES: (1) Fred Wilcoxon (2) Helen
Wilcoxon (3) Timothy Lee Smith (4) Tonya Smith (5) Polk County Property Tax
Office (6) Department of the Treasury, Internal Revenue Service (6) Polk County
Chancery Court Clerk (7) Richard Banks, Attorney (8) Benton Banking Co., (9)
Tennessee Valley FCU c/o McCoin, McCoin & Bunch.
The title to said real estate is believed good, but I
will convey as substitute trustee only and subject to any unpaid taxes and/or
Homeowner Association fees.
This sale is subject to all matters shown on applicable
recorded plat; any unpaid taxes; any restrictive covenants, easements or
setback lines that may be applicable; any statutory 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.
Should the highest bidder fail to comply with the terms
of the bid at the public sale, then the Successor Trustee shall have the option
of accepting the second highest bid, or the next highest bid with which the
buyer is able to comply.
The right is reserved to adjourn the day of the sale to
another day certain without further publication, upon announcement at the time
set forth above.
This sale is subject to liens,
easements, encumbrances, property taxes, rights of redemption of taxing
entities and other matters, which are prior in right to the lien of the
aforesaid Deeds of Trust.
WITNESS my hand this 14thday of July, 2009.
___/s/ Doug Blackwell________________
DOUGLAS N. BLACKWELL II, Attorney
Blackwell Law Offices, PLLC
P.O. Box 1455, Cleveland, TN 37364
423.472.3000
THIS IS AN
ATTEMPT TO COLLECT A DEBT.ANY
INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
To be Run on: August 18, 25 and September 1, 2010.
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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