WHEREAS, default has occurred in the performance of the covenants, terms
and conditions of a Deed of Trust dated December 29, 2006, executed by Danny
Parker And Marie Parker, conveying certain real property therein described to
Independence Title and Escrow, as Trustee, as same appears of record in the
Register's Office of Polk County, Tennessee recorded January 10, 2007, in Deed
Book TD350, Page 1-16; and
WHEREAS, the beneficial interest of said Deed of Trust was last
transferred and assigned to BAC Home Loans Servicing, LP fka Countrywide Home
Loans Servicing, LP who is now the owner of said debt; and
WHEREAS, Notice of the Right to Foreclose, if required, was given in
accordance with Tennessee law; and
WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having
been appointed by as Substitute Trustee by instrument to be filed for record in
the Register's Office of Polk County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has
been declared due and payable, and that the undersigned, Rubin Lublin Suarez
Serrano TN LLC, as Substitute Trustee or his duly appointed agent, by virtue of
the power, duty and authority vested and imposed upon said Substitute Trustee
will, on September 30, 2010 at 11:00 AM at the POLK County courthouse door
where the foreclosure sales are customarily held at the POLK Courthouse,
located in Benton, Tennessee, proceed to sell at public outcry to the highest
and best bidder for cash or certified funds ONLY, the following described
property situated in Polk County, Tennessee, to wit:
LOCATED IN THE FIRST (OUTSIDE) CIVIL DISTRICT OF POLK COUNTY, TENNESSEE,
TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE FIRST EASEMENT HEREINAFTER
DESCRIBED, WHICH BEGINNING POINT IS 16.2 FEET NORTHEAST FROM A STEEL FENCE
POST; AND FROM SAID BEGINNING POINT AND RUNNING WITH THE SOUTHWEST LINE OF A 50
- FOOT ROAD AND CONTINUING ON WITH THE LAND OF CROWE, SOUTH 67 DEGREES 32
MINUTES 20 SECONDS EAST, 539.2 FEET TO THE NORTHWEST LINE OF LAND OF CROWE;
THENCE WITH SAID LINE OF CROWE, SOUTH 36 DEGREES 11 MINUTES 20 SECONDS WEST,
355.6 FEET TO AN IRON PIN LOCATED IN THE NORTHEAST LINE OF LAND OF RAINES;
THENCE WITH SAID LINE OF RAINES, NORTH 67 DEGREES 37 MINUTES 20 SECONDS WEST,
473.6 FEET, WHICH HAS A FENCE MEANDERING ALONG OR NEAR SAID LINE, TO A NEWLY
PLACED IRON PIN; THENCE WITH THE SOUTHEAST LINE OF LAND OF CROWE, NORTH 25
DEGREES 25 MINUTES EAST, 329.7 FEET TO A STEEL FENCE POST AND A SLIGHT ANGLE;
THENCE CONTINUING ON WITH SAID LINE OF CROWE, NORTH 28 DEGREES 49 MINUTES EAST,
16.2 FEET TO THE BEGINNING, AND CONTAINING 4 ACRES, AS SHOWN BY SURVEY OF JIMMY
L. RICHMOND, TENNESSEE LICENSE NO. 917, CLEVELAND, TENNESSEE, DATED 26 FEBRUARY
1992 AND REVISED 7 DECEMBER 1992.
ALSO CONVEYED HEREWITH IS A 50-FOOT NON-EXCLUSIVE PERPETUAL RIGHT-OF WAY
EASEMENT MORE PARTICULARLY DESCRIBED AS BEGINNING ON AN IRON PIN LOCATED AT THE
WESTERN OR SOUTHWESTERNMOST CORNER OF LAND OF EVERETT ( AS RECORDED IN DEED
BOOK 146, PAGE 353); AND FROM SAID BEGINNING POINT AND RUN THENCE WITH THE
SOUTHWEST LINE OF THE DEAD-END OF THE HEREINAFTER SECOND DESCRIBED
NON-EXCLUSIVE EASEMENT, NORTH 42 DEGREES 14 MINUTES WEST, 51.8 FEET TO AN IRON
PIN LOCATED IN THE SOUTHERNMOST LINE OF LAND OF CROWE; THENCE IN A WESTERLY
DIRECTION 135 FEET, MORE OR LESS, TO AN ANGLE; THENCE WITH THE SOUTHEAST LINE
OF SAID CROWE LAND, SOUTH 37 DEGREES 45 MINUTES WEST, 86.9 FEET TO AN ANGLE;
THENCE CONTINUING ON WITH SAID LINE OF CROWE, SOUTH 28 DEG. 49` WEST, 242.4
FEET TO THE NORTHWESTERNMOST CORNER OF THE MAIN 4-ACRE TRACT ABOVE; THENCE WITH
THE NORTHEAST LINE OF SAID TRACT ABOVE, SOUTH 67 DEGREES 37 MINUTES 20 SECONDS
EAST, 232.85 FEET TO AN ANGLE; THENCE CONTINUING ON NORTH 37 DEGREES 45 MINUTES
EAST, 60.3 FEET TO AN ANGLE; THENCE IN AN EASTERLY DIRECTION 144.1 FEET TO A
CORNER; THENCE APPROXIMATELY NORTH 27 DEGREES 56 MINUTES EAST, 11.25 FEET TO
THE BEGINNING AND BEING 50 FEET IN WIDTH THROUGHOUT. ALSO CONVEYED IS A SECOND
50 FOOT RIGHT-OF-WAY EASEMENT WHICH BEGINS ON AN IRON PIN IN THE SOUTHWESTERN
OR WESTERNMOST CORNER OF LAND OF EVERETT, AND RUN THENCE NORTH 42 DEGREES 14
MINUTES WEST, 51.8 FEET; THENCE APPROXIMATELY NORTH 27 DEGREES 56 MINUTES EAST,
611 FEET, MORE OR LESS, TO THE SOUTHWEST LINE OF THE COUNTY ROAD KNOWN AS THE
GEORGE BATES ROAD EXTENSION, AND SAID RIGHT-OF-WAY`EASEMENT EXTENDS BACK IN AN
EASTERLY DIRECTION 50 FEET IN WIDTH THROUGHOUT, AND SAID EASEMENT IS
NON-EXCLUSIVE AND PERPETUAL. NO NEW BOUNDARY LINE SURVEY WAS PERFORMED AT THE
TIME OF THIS CONVEYANCE. SUBJECT TO ANY AND ALL APPLICABLE RESTRICTIONS,
EASEMENTS, SETBACK LINES AND OTHER CONDITIONS OF RECORD IN THE REGISTER`S
OFFICE FOR POLK COUNTY, TENNESSEE. BEING THE SAME PROPERTY CONVEYED TO DANNY
PARKER AND WIFE, MARIE PARKER BY WARRANTY DEED DATED 12/15/92 AND RECORDED ON
12/22/92 IN BOOK 161, PAGE 301, IN THE REGISTER`S OFFICE FOR POLK COUNTY,
TENNESSEE.
PROPERTY ADDRESS: The street address of the property is believed to be
215 Hart Lane, Benton, TN 37307. In the event of any discrepancy between this
street address and the legal description of the property, the legal description
shall control. CURRENT OWNER(S): Danny Parker, Marie Parker, Marie Parker,
Danny Parker
OTHER INTERESTED PARTIES: Discover Bank Issuer Of Discover Card and MERS
Specialized Loan Servicing, LLC The sale of the above-described property shall
be subject to all matters shown on any recorded plat; any unpaid taxes; any
restrictive covenants, easements or set-back lines that may be applicable; any
prior liens or encumbrances as well as any priority created by a fixture
filing; and to any matter that an accurate survey of the premises might
disclose. This property is being sold with the express reservation that it is
subject to confirmation by the lender or Substitute Trustee. This sale may be
rescinded 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. 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
Property is sold as is, where is, without representations or warranties of any
kind, including fitness for a particular us or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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.
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. 10-008178
SUCCESSOR TRUSTEE'S NOTICE OF SALE
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.
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. 10-007298
BID
NOTICE
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.
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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