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BID NOTICE

The City of Ducktown is excepting bids for a tractor and attachments. Dead line for submitting bids is October 6th, 2011 at 4:00 pm. Interested bidders may pick up bid package at Ducktown City Hall, 340 Main Street 423-496-3546. The City of Ducktown reserves the right to refuse any or all bids.

NOTICE OF SALE OF PROPERTY
OCTOBER 1, 2011 AT 10:30 A.M.
220 REYNOLDS BRIDGE ROAD
OCOEE, TN 37361

IN THE MATTER OF THE CONSERVATORSHIP OF:
By Order entered August 10, 2011, in the Chancery Court of Bradley County, Tennessee, in the matter of the Conservatorship of Peggy Ann Stephen, Docket No. 02-081, the Chancery Court ordered that real property of Peggy Ann Stephens be sold at public auction.
NOW, THEREFORE, the Conservators, Dennis R. Stephens and Cynthia Rogers, give notice that real property belonging to Peggy Ann Stephen will be offered for sale at public auction on October 1, 2011 at 10:30 a.m.  The sale will be conducted at 220 Reynolds Bridge Road, Ocoee, Polk County, Tennessee.  The sale will be conducted by auctioneer Don Harris, d/b/a Don Harris Auction and Realty, TN Auctioneer’s License #: 2383.  For information see website: www.landmanauction.com.
The land being offered for sale is described as:
Located in Polk County, Tennessee.
TRACT 1:
The street address is believed to be 414 U.S. Highway 64, Ocoee, Tennessee, 37361; Tax Map 64, Parcel 30, as described in WD Book 61, Page 23, Register’s Office Polk County, Tennessee.  Less and except the land sold to the State of Tennessee for highway project.
The land is further described as:  
Located in Polk County, Tennessee, beginning at a point of intersection between the South proposed right-of-way line of State Route 40 and the South right-of-way line of State Route 40 before relocation in 2007, also being the West property line of Peggy Ann Stephens on Highway Project No. APD-NH-40(13), 124.42 feet right of project centerline station 30 93.93 (see Deed Book 250, Page 207).  
Thence South 55 deg. 52 min. 31 sec. East, 131.85 feet to a corner; thence along common boundary line with High Country Adventures, Deed Book 216, Page 350, South 25 deg. 0 min. 0 sec. West, 279.18 feet to a point in the Northern edge of the right of way of Lowery Road; thence along the Northern edge of Lowery Road, following the curvature of the road, approximately North 84 deg. 43 min. West to a corner marked by an iron pin, said corner being the Southeast corner of Torrence; thence North 22 deg. 54 min. 0 sec. East, 309.86 feet along the common boundary line of James A. Torrence and J.T. Lemons, Jr., Deed Book 168, Page 245, back to the point of beginning.  In the edge of the right-of-way of Highway 64, bounded on the North by right-of-way of U.S. Highway 64, on the East by property of High Country Adventures, on the South by Lowery Road, on the West by property of James A. Torrence and J.T. Lemons, Jr.  
SUBJECT to deed from Dennis R. Stephens and Cynthia Rogers, as Co-Conservators for Peggy Stephens, to the State of Tennessee, dated March 27, 2007, and recorded in Book 250, page 207, Register’s Office of Polk County, Tennessee.  
SUBJECT to deed from Peggy Ann Stephens to the State of Tennessee, dated December 19, 1968, and recorded in Book 62, Page 381, Register’s Office of Polk County, Tennessee.
TRACT 2:
The street address is believed to be 220 Reynolds Bridge Road, Ocoee, Tennessee, 37361; Tax Map 64, Parcel 6.01, as described in WD Book 212, Page 262-263, Register’s Office Polk County, Tennessee.  The land is further described as:
Lying in Polk County, Tennessee, off Ocoee Road and Daugherty Road.  In the First Civil District of Polk County, Tennessee to wit:
Beginning at an iron pin in the Eastern edge of the right-of-way of Reynolds Bridge Road, a/k/a Ocoee Road, said iron pin marking the point of intersection of common boundary line between property of Joe Trew, Deed Book 162, page 79, and land of Peggy Stephens with the Eastern edge of the right-of-way of Ocoee Road, said point marking the Northwest corner of the herindescribed property;
Thence South 63 deg. 27 min. 50 sec., East 567.18 feet along or near an existing fence to a point;
Then continue South 63 deg. 56 min. 52 sec., East 203.83 feet to a point; Then continue South 64 deg. 20 min. 4 sec., East 146 feet to the Northeast corner of the hereindescribed property, said corner being marked by a metal fence post;
Thence South 25 deg. 23 min. 19 sec., West 1,418.22 feet along the common boundary line with Paul McConnell, Deed Book 266, Page 315, to a corner marked by an iron pin;
Thence North 65 deg. 36 min. 23 sec., West 208.74 feet along a common boundary line with David Rymer, Deed Book 259, Page 58 to an iron pin;
Thence South 25 deg. 23 min. 24 sec., West 210 feet along a common line with Rymer to an iron pin in the north line of right-of-way of Daugherty Road sometimes referred to as Bailey Road;
Thence along the Northern line of the road, North 65 deg. 28 min. 30 sec., West 190.56 feet to a point;
Thence in a Northwest direction along a left hand curve, Length = 331.75, Radius = 1966.26, Delta = 9 deg. 40 min. 1 sec., Tangent = 166.27;
Then North 75 deg. 8 min. 31 sec., West 42.34 feet;
Then along a left hand curve in a Northwesterly direction, Length = 30 feet, Radius = 963.32, Delta = 1 deg. 47 min. 4 sec., Tangent = 15.00;
Thence leaving the edge of the road North 63 deg. 56 min. 42 sec., West 205.36 feet along a common line with Keith Oxford, Deed Book 250, Page 142, to an iron pin marking the Southwest corner of the hereindescribed tract;
Thence North 23 deg. 58 min. 57 sec., East 370.00 feet;
Then along a short curve in a Northeasterly direction, Length = 8.31 feet, Radius = 465.75, Delta = 1 deg. 01 min. 20 sec., Tangent = 4.16;
Then North 24 deg. 54 min. 21 sec., East 263.49 feet;
Then continue along a right hand curve in a Northeasterly direction, Length = 196.23 feet, Radius = 1422.36, Delta = 7 deg. 54 min. 17 sec., Tangent = 98.27;
Then North 32 deg. 48 min. 38 sec., East 101.12 feet;
Then in a Northeasterly direction along a left hand curve, Length = 124.84 feet, Radius = 1872.33, Delta = 3 deg. 49 min. 13 sec., Tangent = 62.44;
Then North 29 deg. 2 min. 24 sec., East 78.46 feet to a right hand curve in a Northeasterly direction, Length = 148.57, Radius = 2540.73, Delta = 3 deg. 21 min. 2 sec., Tangent = 74.31;
Then North 32 deg. 5 min. 18 sec., East 244.17 feet;
Then along a slight curve in a Northeasterly direction, Length = 163.46 feet, Radius = 4720.13 feet, Delta = 1 deg. 59 min. 3 sec., Tangent = 81.74, back to the iron pin marking the point of beginning, all as shown by survey of Jimmy Richmond, dated August 8, 2011, prepared for Dennis and Peggy Stephens,   
SUBJECT to deed to David Rymer Deed Book 259, Page 58, Polk County, Tennessee.  
SUBJECT to all visible easement and right-of-ways.
SUBJECT to overhead utility easement as shown in survey by Jim Richmond.  
SUBJECT to the right of way easement to South Central Bell Telephone Company in Deed Book 95, Page 132, Polk County, Tennessee.
Tract 2 will be offered in parcels and as a whole per auctioneer’s announcements.
The sale is subject to confirmation by the Chancery Court of Bradley County.
Said property is being sold “where is-as is”, with all faults and defects.  
The sale is subject to auctioneer’s announcements made at time of sale.
Please see advertising by Don Harris, d/b/a Don Harris Auction and Realty.
/s/ Jim W. Bilbo        /s/ Dennis R. Stephens
JIM W. BILBO        DENNIS R. STEPHENS,
Attorney for the Conservators        Conservator
/s/ Cynthia Rogers
CYNTHIA ROGERS,
Conservator
 

NOTICE OF FORECLOSURE AND SALE

Default having been made in the payment of installments due on the note from LARRY L. LARSON and LORENE D. LARSON payable to CITIZENS NATIONAL BANK, which note is secured by a certain Deed of Trust referenced herein, dated the 14th day of June, 2005, executed by LARRY L. LARSON and wife, LORENE D. LARSON, and of record in the Registe­r’s Office of Polk County, Tennessee in Trust Book 321, Pages 527-532, to which reference is hereby made, and the holder of the note in question having declared all debt, prin­cipal, interest, and attorney’s fees, immediately due and payable, and Notice of the Right to Foreclose, if required, was given to the Borrowers pursuant to T.C.A. § 35-5-117,  notice is hereby given that on the 21st day of September, 2011, at 11:45 a.m. at the front door of the Cour­thouse for Polk County, Ten­nessee, at Benton, Tennessee, the undersigned Substitute Trustee, on behalf of Citizens National Bank, the holder of the note in ques­tion, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises:
THE EAST ½ OF LOT 15 & LOT 16, BLOCK A:
SITUATED in the First Civil District of Polk County Tennessee, near Wetmore Bridge, BEING THE EAST ½ OF LOT 15 AND LOT NO. 16, in Block A, of the HIWASSEE RIVIERA ESTATES, as depicted on plat recorded in Plat Book 2, Page 60, Register’s Office, Polk County, Tennessee. Said Lot 16 is more particularly described as follows:
BEGINNING at a point on the North line of Perimeter Road, which point is the Southwest corner of Lot No. 17 of said Block and the Southeast corner of the herein conveyed real estate which is located Westward along said Perimeter Road 348 feet from its intersection with the West line of U.S. Highway No.411 and running thence along and with the North line of said Perimeter Road in a Westerly direction 150 feet to the center of Lot 15 of said Block; thence extending back of uniform width, in a Northern direction 120 feet on the East line and 118.6 feet on the West line to the South line of Lots No. 15 and 16 of Block “B” of said subdivision.
SUBJECT TO restrictions and conditions contained in a certain instrument of record in Misc. Book 27, Page 176, Registered in the Register’s Office, Polk County, Tennessee, to which reference is hereby made.
LOT 17 & LOT 18, BLOCK A:
SITUATED in the First Civil District of Polk County, Tennessee, BEING LOTS 17 AND 18 in Block A of the HIWASSEE RIVIERA ESTATES as depicted on plat of record in Plat Book 2, Page 60, Register’s Office, Polk County, Tennessee. Said Lots 17 and 18, Block A are collectively described as follows:
BEGINNING at a point in the North line of Perimeter Road, which point is located West along said Perimeter Road 148 feet from the point of intersection of the North line of said Perimeter Road with the West line of U. S. Highway 411, and which is the Southeast corner of the herein conveyed Lot 18, and running thence along and with the North line of said Perimeter Road in a Western direction 200 feet to the East line of Lot 16 in said Block “A”; thence running along and with the East line of Lot 16 Block “A” in a Northern direction 120 feet to a common corner with Lots 16 and 17 of Block “B “of said Subdivision; thence running along and with the South lines of Lot 17 and Lot 18 of Block “B” and in an Eastern direction 200 feet to a corner with Lot 19; thence running Southwardly and with the West line of Lot 19, Block “A” 130 feet to the North line of Perimeter Road, THE POINT OF BEGINNING.
LOT 19, BLOCK A & LOT 19, BLOCK B:
SITUATED in the First Civil District of Polk County, Tennessee, BEING LOTS NINETEEN (19) in BLOCK “A” and NINETEEN in BLOCK “B” of the HIWASSEE RIVIERA ESTATES, as depicted on the map or plat of record in Plat Book 2, Page 59, in the Register’s Office of Polk County, Tennessee, to which plat reference is here made for a more detailed description of said lots.
EXCEPTED FROM this conveyance is that tract of land previously conveyed by Steven Tracy McAbee to the State of Tennessee, dated October 22, 1997, recorded in W. D. Book 199, Page 306-310, ROPCT, which EXCEPTED tract contains 1.198 acres. Said EXCEPTED tract is more particularly described as follows:
BEGINNING at a point of intersection between the existing right-of-way line of Perimeter Road and the proposed right-of-way line of SR. 33 on Highway Project No. NH-30(23) 31.202 m (102.37 feet) left of project centerline station 50 983.000; thence along the proposed right-of-way line as follows: North 24 degrees 38 minutes 08 seconds East 85.799 m (281.49 feet) to a point 42.000 m (137.80 feet) left of project centerline station 51 070.000; and North 64 degrees 05 minutes 08 seconds West 30.660 m (100.59 feet) to a point of intersection with the West property line of McAbee 13.110 m (43.01 feet) right of Woodbine Drive centerline station 2 536.074; thence North 17 degrees 37 minutes 33 seconds East 5 m (16 feet) /- along the West property line to a point of intersection with the existing right-of-way line of Woodbine Drive; thence along the existing right-of-way line as follows:  South 75 degrees 21 minutes 05 seconds East 18.471 m (60.60 feet); South 69 degrees 43 minutes 36 seconds East 34.330 m (112.63 feet); and South 67 degrees 38 minutes 06 seconds East 32.726 m (107.37 feet) to a point of intersection with the existing right-of-way line of S. R. 33, which point is 10.368 m (34.02 feet) right of project centerline station 51 080.144; thence curving to the right in a Southwestwardly direction an arc length 94.978 m (311.61 feet) on a radius of 1,712.921 m (5,619.82 feet) along the existing right-of-way to a point of intersection with the existing right-of-way line of Perimeter Road 10.330 m (33.89 feet) right of project centerline station 50 993.737; and thence along the existing right-of-way line as follows: North 69 degrees 00 minutes 00 seconds West 19.000 m (62.34 feet); and  North 73 degrees 03 minutes 30 seconds West 26.720 m (87.66 feet) to the POINT OF BEGINNING, containing 0.4849 Hectares (1.198 acres), more or less.
Said real estate is conveyed SUBJECT TO all governmental ordinances, zoning ordinances, and subdivision regulations of Polk County, Tennessee, in effect thereon.
LOT 16 & LOT 17, BLOCK B:
SITUATED in the First Civil District of Polk County, Tennessee, BEING LOTS 16 AND 17 in Block “B” of the HIWASSE RIVIERA ESTATES as depicted on plat of record in PIat Book 2, Page 59, Register’s Office, Polk County, Tennessee and being more particularly described as follows:
BEGINNING at a point in the South line of Woodbine Drive, which point is the Northeast corner of the herein conveyed Lot and the Northwest corner of Lot 18, Block “B” and which is located along said Woodbine Drive 322.6 feet West of its intersection with the West line of U.S. Highway 411, and running thence along and with the South line of Woodbine Drive in a Western direction 200 feet to the East line of Lot 15, Block “B”; thence extending back of uniform width in a Southern direction 187 feet along the East line and 188 feet, more or less, along the West line to Lots No. 16, 17 of Block “A” of said Subdivision.
EAST PART OF LOT 18, BLOCK B:
SITUATED in the First Civil District of Polk County, Tennessee, BEING PART OF LOT 18 in Block B of the HIWASSEE RIVIERA ESTATES as depicted on plat of record in Plat Book 2, Page 60, Register’s Office, Polk County, Tennessee. Said East Part of Lot 18 in Block B is more particularly described as follows:
BEGINNING at a point in the South line of Woodbine Drive, which point is located West 222.6 feet along the South line of Woodbine Drive from the point of intersection with the West line of [the original] U.S. Highway 411 right-of-way, same being the Northwest corner of Lot 19, and the Northeast corner of Lot 18 and the portion thereof conveyed herein; FROM SAID POINT OF BEGINNING with Lot 19 in a Southerly direction 180 feet to the Southwest corner of Lot 19, Block B; thence with the North line of Lot 18, Block A, in a Westerly direction 57 feet to a corner; thence along a severance line through Lot 18, Block B, in a Northerly direction 184 feet, more or less, to a point in the South line of Woodbine Drive; thence with Woodbine Drive in an Eastern direction 58 feet to the POINT OF BEGINNING.
WEST PART OF LOT 18, BLOCK B:
SITUATED in the First Civil District of Polk County, Tennessee, BEING PART OF LOT 18, Block B of the HIWASSEE RIVERA ESTATES as depicted on plat of record in Plat Book 2, Page 60, Register’s Office, Polk County, Tennessee. Said West Part of Lot 18, Block B, is more particularly described as follows:
BEGINNING at a point in the South line of Woodbine Drive, which point is located West 322.6 feet along the South line of Woodbine Drive from the point of intersection of the said South line of Woodbine Drive with the West line of U.S. Highway 411, being the Northwest corner of the herein conveyed part of Lot; thence in a Southerly direction with the common dividing line between Lots 17 and 18, Block B 187 feet to a point in the North line of Lots 17 and 18, Block A; thence in an Easterly direction with said North line of Lots 17 and 18 Block A, 43 feet, more or less to a point; thence in a Northerly direction 184 feet, more or less, to a point in the South line of Woodbine Drive; thence in a Westerly direction with said South line of Woodbine Drive 42 feet to the POINT OF BEGINNING.
ALL TRACTS, SUBJECT to those restrictions of Hiwassee Rivera Estates of record in Misc. Book 27, Page 176, Register’s Office, Polk County, Tennessee.
THERE IS, HOWEVER, EXCEPTED from the above described property, those portions of Lot 19 in Block A and Lot 19 in Block B, which were conveyed to the State of Tennessee in Deed Book 198, Pages 226-228, Register’s Office, Polk County, Tennessee to widen U.S, Highway 411.
SUBJECT to any setback lines, drainage and/or utility easements and conditions and limitations depicted and/or noted on or attached to the recorded plats in Plat Book 2, Page 59 and Plat Book 2, Page 60.
BEING the same property conveyed to Larry L. Larson and wife, Lorene D. Larson by Warranty Deed from Wanda S. Lillard, same dated June 9, 2005, and recorded in Deed Book 238, Pages 121-124, Register’s Office, Polk County, Tennessee.
PROPERTY ADDRESS:  232 Woodbine Dr., Benton, TN  37307.
SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN:  Not applicable.
OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable.
No warranties are made as to the merchantability of title of said real property, which property is being sold, “where is, as is”, subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not.  The Substitute Trustee herein makes no representations or warranties as to status of title or description of this property.
    Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute 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 Substitute Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property.
    The sale held pursuant to this Notice may be rescinded at the Substitute 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, from time to time, as needed at the sole discretion of the Substitute Trustee.
    This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt.
This the 29th day of August, 2011.
BRIDGET J. WILLHITE, Substitute Trustee
Insert:    August 31, 2011
    September 7, 2011
    September 14, 2011

NOTICE OF SUBSTITUTE TRUSTEES SALE

WHEREAS, Fred Wilcoxon, Helen Wilcoxon, Timothy Lee Smith and Tonya Smith by Deed of Trust dated on or about 4-15-1996 of record in Book 192, page 115, and by Deed of Trust dated on or about 10-6-1997 in Book 214, Page 292, and by Deed of Trust dated on or about 3-24-2005 in Book 318, Page 380, and by Deed of Trust dated 2-4-2008 of record in Book 375, Page 175, all of which are recorded in the 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 29, 2011 at 10:05 am at the front of the Main Door of the  Polk 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:
IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
TRACT ONE:
BEING the North 250 feet of tract deeded to Fred Wilcoxon and Essie Wilcoxon as recorded in Deed Book 84, Page 390 in the Register’s Office of Bradley County, Tennessee, and being further described as follows: BEGINNING at a point where the North line of said tract intersects with the West line of Ball Play (Horns Creek) Road; thence with said road, South 6 degrees 25 minutes West 250 feet to a point; thence North 68 degrees 37 minutes West 141.67 feet to a point; thence North 10 degrees East, 250 feet to a Bowater corner in the Lake Parks line; thence with Parks, South 67 degrees East, 126.5 feet to the point of beginning.
For prior title see Deed recorded in Deed Book, 92 Page 325, in the Register’s Office of Polk County, Tennessee from ESSIE L. WILCOXON to FRED S. WILCOXON dated 2-9-1978 and recorded 3-27-1978.
Commonly known as 883 Horns Creek Road, Old Fort, TN 37362, but such are not included in the legal description of the property to be sold.
TRACT TWO:
BEGINNING at an iron pin marking the Southeast corner of the land presently owned by Timothy Smith and Fred Wilcoxon (as set out in Deed Book 187, Page 19), and from said beginning point, running with the Southeast line of said Smith and Wilcoxon Property, North 41 degrees 50 minutes East, 210 feet to an old iron pin, thence with the Southwest line of Naomi Dill, South 66 degrees 03 minutes East, 28.35 feet to an angle marked by an old iron pin; thence continuing on with the Southwest line of Naomi Dill, South 81 degrees 38 minutes 53 seconds East, 468.51 feet to a newly placed iron pin in the Northwest line of land of Sampson (as recorded in Deed Book 96, Page 156); thence with the Northwest line of Sampson, South 24 degrees 09 minutes 39 seconds West, 324.94 feet to an old iron pin marking the Northeast corner of land of White (as recorded in Deed Book 118, Page 26 ), thence with the Northeast line of said White, North 66 degrees 08 minutes 34 seconds West, 542.9 feet to the BEGINNING and CONTAINING 2.99 acres as is shown by survey of Doyle A. McCracken, Tennessee License No. 745, Cleveland, Tennessee, dated 12 October 1997. Said property is added to other property purchasers.
For prior title see Deed recorded in Book 212, Page 679 in the Register’s Office of Polk County, Tennessee from TONYA SMITH AND HUSBAND TIM SMITH to FRED WILCOXON AND WIFE, HELEN WILCOXON dated 3-13-2000 and recorded 3-17-2000. Being also the same property conveyed to FRED WILCOXON AND WIFE, HELEN WILCOXON AND TONYA SMITH AND HUSBAND, TIM SMITH from NAOMI DILL, WIDOW, in Deed Book 202, Page 367, in said Register’s Office, dated 3-9-2008 and recorded 3-16-2008.
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 1294 Boanergess Church Road, Old Fort, TN 37362 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) Benton Banking Co., (8) Tennessee Valley FCU c/o McCoin, McCoin & Bunch and (9) Bill Davis d/b/a Davis Farms
The title to said real estate is believed good, but I will convey as substitute trustee only and subject to any unpaid taxes.
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 22nd   day of August, 2011.
_/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: September 7, 14 and 21, 2011.

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 May 9, 2005, and the Deed of Trust of even date securing the same, recorded May 16, 2005, at Book TD 320, Page 296 in Office of the Register of Deeds for Polk County, Tennessee, executed by Lawrie K Willis and Phillip Darrell Willis, Jr, conveying certain property therein described to Arnold M. Weiss, Esq., Shelby County as Trustee for Wells Fargo Bank, NA; 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 26, 2011 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:
Located in the First Civil District of Polk County, Tennessee, to wit: Being Lot 36, in the Community of Delano according to the survey of record in Plat Book 2, Page 80, Register’s Office of Polk County, Tennessee, and being more particularly described as: Beginning at an iron pin in the Northwest line of Mill Street at its intersection with the Northeast line of Geneva Guffey, being the property acquired in Deed Book 195, Page 109; thence North 64 degrees 37 minutes 00 seconds West, 188.13 feet to an iron pin; thence North 5 degrees 23 minutes 0 seconds East, 100.00 feet; thence along the line of Poteet being the property acquired in Deed Book 143, Page 89, South 84 degrees 37 minutes 0 seconds East, 197.80 feet; thence along the line of Mill Street South 10 degrees 54 minutes 24 seconds West, 100.47 feet to the beginning point. Said tract being shown by survey of William W. Roberts, TRLS Number 510, Athens, Tennessee being drawing Number 01 197.
ALSO KNOWN AS:  139 Mill Street, Delano, Tennessee 37325
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.  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:  Lawrie K Willis; Intermark USA Inc.; Phillip Darrell Willis, Jr
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time.  The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.  W&A No. 717‑133508
DATED August 23, 2011

INSERTION DATES:
WILSON & ASSOCIATES, P.L.L.C.,
    Successor Trustee
    August 31, 2011
    September 7, 2011
    September 14, 2011
               
By: Shellie Wallace

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on September 28, 2011 at 12:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Tim Kaylor and wife, Angela Kaylor, to Tri State Land Title Company, Trustee, on May 2, 2003 at Book TD288, Page 576; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Holder: EverBank
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 Third (3rd) Civil District of Polk County, Tennessee, being located in Section 15, Fractional Township 3 South, Range 5 East of the Ocoee Basis Line, and more particularly described as follows:
BEGINNING at an iron pin on the east right of way of a 12 foot paved road known as Padgett Lane, point of beginning, being the southwest corner of the property herein conveyed; from said point of beginning along and with right of way the following calls and distances: North 22 degrees 24 minutes 28 seconds East, a distance of 40.72 feet; thence in a left hand curve a distance of 112.93 feet with a chord of North 20 degrees 42 minutes 47 seconds East, a distance of 112.88 feet; thence in a right hand curve a distance of 168.06 feet with a chord North 21 degrees 41 minutes 12 seconds East, a distance of 167.92 feet; thence in a left hand curve a distance of 82.72 feet with a chord of North 15 degrees 04 minutes 14 seconds East, a distance of 82.56 feet; thence leaving said right of way South 69 degrees 58 minutes 28 seconds East, a distance of 220.66 feet; thence North 7 degrees 17 minutes 40 seconds East, a distance of 797.17 feet; thence South 82 degrees 15 minutes 09 seconds East, a distance of 170.0 feet; thence South 2 degrees 37 minutes 30 seconds East, a distance of 1052.69 feet; thence South 88 degrees 18 minutes 14 seconds West, a distance of 664.46 feet to the point of beginning.
SUBJECT TO existing easements and right of ways for public roads, if any.
THIS CONVEYANCE MADE TOGETHER WITH right of ingress, egress and utility service along existing roads to the subject property.
Street Address: 266 Padgett Lane, Turtletown, Tennessee 37391
Parcel Number: 083-045.04
Current Owner(s) of Property: Tim Kaylor and wife, Angela Kaylor
Other interested parties: Cooley Group, Inc., Clare Freight Intl., Inc., Nick Nappi d/b/a Mid America Overseas, Inc., Erez, All Star Products, Inc., Albany Pump Company, Ltd., The RecovAR Group, LLC, Successor in Interest to United Parcel Services, AAA Cooper Transportation, Parker Systems, Inc., Rolyan Buoy Division, The Edred Environmental & Export Co., Ltd. and V. Alexander & Company, Inc.
The street address of the above described property is believed to be 266 Padgett Lane, Turtletown, Tennessee 37391, 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.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
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 may be a debt collector.  This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690

File No. 09-022905

NOTICE OF FORECLOSURE

WHEREAS, Freddy J. Cook a/k/a Freddy Cook and wife, Janet L. Cook a/k/a Janet Cook (“Grantor”), by that certain Deed of Trust dated March 18, 2004, recorded in Book TD303, page 685, Register’s Office for Polk County, Tennessee (the “Register’s Office”), as modified by Modification of Deed of Trust of record in Book TD349, page 233, Register’s Office, as further modified by Modification of Deed of Trust of record in Book TD359, page 87, Register’s Office, as further modified by Modification of Deed of Trust of record in Book TD365, page 182, as further modified by Modification of Deed of Trust of record in Book TD367, page 167, Register’s Office, Register’s Office, as further modified by Modification of Deed of Trust of record in Book TD393, page 333, Register’s Office, as further modified by Modification of Deed of Trust of record in Book TD409, page 22, Register’s Office, and as further modified by Modification of Deed of Trust of record in Book TD416, page 287, Register’s Office (as modified, the “Deed of Trust”), conveyed to Steve Hurst, Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by United Community Bank (the “Lender”); and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and
WHEREAS, Robert C. Goodrich Jr. (the “Successor Trustee”) has been duly appointed as Successor Trustee in the place and stead of Steve Hurst, Trustee, by appointment recorded in Book MS141, page 224, Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Robert C. Goodrich Jr., Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Friday, September 30, 2011, at 3:00 p.m. prevailing Eastern time, at the Polk County Courthouse, 6239 Highway 411, Benton, Tennessee 37307, in the manner further described herein, offer the Property for sale to the highest bidder for cash, free from any and all rights to have the Property marshaled, the equity of redemption, any statutory or common law right of redemption, homestead, dower, marital share, and all other exemptions, all of which are expressly waived in the Deed of Trust. The term “Real Property” as used herein shall mean all of Grantor’s right, title and interest in and to certain real property situated in Polk County, Tennessee, conveyed to Grantor by deed of record in Book 182, page 17, Register’s Office, to which reference is hereby made for a complete legal description, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); all other rights, royalties, and profits relating to such property, including without limitation all minerals, oil, gas, geothermal and similar matters; and all other rights conferred by the Deed of Trust.
In accordance with Tennessee Code Annotated Section 47-9-604, the sale of the Real Property will be combined with a sale of any and all personal property covered by or described in the Deed of Trust which under applicable law may be subject to a security interest pursuant to the Uniform Commercial Code as enacted in the State of Tennessee, including, without limitation, any and all proceeds hereof (collectively, the “Personal Property”).
As used herein, the “Property” shall mean the Real Property and the Personal Property.
The street address of the Property is believed to be 5800 Highway 64, Ducktown, Tennessee 37326, but such address is not part of the legal description of the Property. In the event of any discrepancy, the legal description shall control. The map and parcel number of the Real Property is 116 027.05.
A review of the records at the Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure:
1.    Any and all unpaid ad valorem taxes payable to Polk County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
2.    Reservation of mineral rights and right of ingress and egress for mineral and oil exploration in favor of Tennessee Chemical Company as reserved in deed recorded in Deed Book 123, page 373, Register’s Office.
3.    Deed of Trust for the benefit of Peoples Bank of Fannin County, of record in Book TD218, page 242, Register’s Office, as modified by instruments of record in Book TD349, page 233, Book TD359, page 87, Book TD365, page 182, Book TD367, page 167, Book TD393, page 333, and Trust Book 416, page 287, Register’s Office.
4.    Tennessee Department of Revenue State Tax Lien of record in Lien Book 14, page 6, Register’s Office.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
The sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including the right of the state to redeem the Property as provided for in § 67‑1‑1433(b)(1), rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose. The notice required by § 67‑1‑1433(b)(1) to be given to the state has been timely given.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, the property is to be sold without any implied warranties of merchantability or fitness for a particular use or purpose. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee’s Deed as Successor Trustee only.
The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above, to sell the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.

September 1, 2011.                /s/ Robert C. Goodrich Jr.               
Robert C. Goodrich Jr., Successor Trustee
STITES & HARBISON PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219



publication dates:
september 7, 2011
september 14, 2011
september 21, 2011




NOTICE OF SUBSTITUTE TRUSTEES’ SALE

WHEREAS, by Deed of Trust (the “Deed of Trust”) dated as of December 14, 2007, Little Frog Mountain Cabins, LLC, a Tennessee limited liability company (the “Borrower”), did convey in trust to TRSTE II, Inc., a Tennessee corporation, as Trustee, a certain real property to secure payment of a debt in the original principal sum of $137,360.00 and other obligations payable to Wachovia Bank, National Association, a national banking association (the “Original Lender”), of record as Instrument Number 07004184 at Book TD 371, Page 176 in the Office of the Register of Deeds of Polk County, Tennessee (the “Register’s Office”).  Said Deed of Trust is incorporated herein by reference;
WHEREAS, Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, National Association (the “Holder”) is the true and lawful owner and holder of the debt aforesaid which debt is secured by the Deed of Trust;
WHEREAS, Holder exercising its authority as such owner and holder, appointed David Waddell and Jason Shade as Substitute Trustees by instrument, of record at Book MS139, Page 133 in the Register’s Office;
WHEREAS, default has been made in the payment of debts and obligations secured by said Deed of Trust, and Holder, as the owner and holder of the debt secured thereby, has declared the entire balance due and payable and has instructed the undersigned Trustee to foreclose said Deed of Trust in accordance with its terms and provisions and applicable law.
NOW, THEREFORE, by the authority vested in us as Trustee under said instrument, we will on Thursday, September 15, 2011, at 11:00 a.m. local time, at the main entrance of the Polk County Courthouse located at 6239 Hwy 411 #102, Benton, Tennessee 37307, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed which is situated in the State of Tennessee, Polk County, and is described as follows:
HYDROCARBON ESTATE
A certain tract or parcel of land being located in Sections 19 and 30, Fractional Township 3 South Range 5, East of the Ocoee Basis Line, off Kimsey Mountain Road, Turtletown, Tennessee.  Shown as Tract #10 containing 5.01 acres of land, more or less, as shown on a survey plat dated October 6, 2000 for Campbell Cove Creek Development, LLC/C.C.C. Development, LLC, Phase I Survey by Lane S. Bishop and Associates, Tennessee Registered Land Surveyor #1324, P.O. Box 1506, Blue Ridge, GA 30513, phone and fax number (706) 632-3919 and (706) 632-6423.  Plat recorded in Plat Book 8, page 343 in the Register of Deeds Office, Polk County, Tennessee.
Also conveyed and reserved herewith is a non-exclusive 50-foot easement for ingress and egress, power, phone and all utility services along Campbell Cove Creek Overlook, being a 20-foot wide private road which begins at Kimsey Mountain Road and runs in a southerly direction to Tract #10.  Said easement is for the benefit of the Grantor, Grantees, their heirs and assigns and is a burden running with the land, which is shown on the attached copy of the survey plat which is incorporated by reference and recorded with this deed.  The above described easement is shown on the survey plat as a gravel drive.
Subject to easement on Campbell Cove Creek Road as recorded on 5-15-2001 in Warranty Deed Book 217, page 496 in the Register of Deeds Office, Polk County, Tennessee.  Property is located on private road and not county maintained.
Subject to Restrictions for Campbell Cove Creek, Section I, as recorded on 7-16-2002 in Miscellaneous Book 103, page 402 in the Register of Deeds Office, 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.
Hydrocarbon Estate, gas, oil and helium, etc. rights, and right of ingress and egress heretofore reserved by Cities Service Company in Book 108, pages 289-327 recorded in the Register of Deeds Office, Polk County, Tennessee.
The subject property is located within a state approved subdivision and is approved for a specific number of bedrooms.  Contact the Polk County Health Department prior to beginning any grading.
BEING AND INTENDED TO BE THAT SAME PROPERTY CONVEYED UNTO CCC Developments, LLC from Jack Stanley, James Garrett and Randy Mundy by Warranty Deed recorded on 5-5-1999 in Warranty Deed Book 209, page 471 in the Register of Deeds Office, Polk County, Tennessee.
BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO Jason L. Crawford and wife, Susan S. Crawford by Warranty Deed from CCC Developments, LLC recorded on October 10, 2002 in Warranty Deed Book 223, page 151 in the Register of Deeds Office, Polk County, Tennessee.
BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO Brian O’Neal, unmarried by Warranty Deed from Jason Crawford and wife, Susan Crawford recorded on February 25, 2005 in Book 236, pages 346-348 in the Register of Deeds Office, Polk County, Tennessee.
BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO Little Frog Mountain Cabins, LLC by Quitclaim Deed from Brian O’Neal recorded in Book 254, page 344, in the Register of Deeds Office, Polk County, Tennessee.
Said property is located at 179 Campbell Cove Creek Overlook, Turtletown, Tennessee.
Said sale shall be made for cash, including a credit bid of Holder or an assignee of Holder, in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:
1.    Any unpaid taxes against the property; and
2.    Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property; and
3.    Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and
4.    Any prior or superior liens, judgment, deeds of trust or other interests of record.
Holder has complied with the notice provisions of 26 U.S.C. § 7425(c) and Reg. §§ 301.7425-1 and, T.C.A. § 67-1-1433(b)(2).
Holder reserves the right to retain any escrows, reserves, security deposits, or other funds or rights to payment of funds and to apply the same in accordance with the terms and provisions of the Deed of Trust and related documents.

Said property may be sold as a whole or by individual lots or groups of lots at the discretion of the Trustee.  The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above.
The failure of any high bidder to pay the purchase price and close this sale shall, at the option of Holder, be cause for rejection of the bid, and if the bid is rejected, Holder shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust and are made a part hereof as if set forth verbatim herein.
This Notice of Sale has been posted and published in accordance with T.C.A. § 35-5-101 et seq. and any provisions of the Deeds of Trust affecting same beginning August 24, 2011.
Jason Shade
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C.
100 Med Tech Parkway, Suite 200
Johnson City, Tennessee 37604
Published:    Polk County News
Benton, Tennessee
August 24, 2011, August 31, 2011, and September 7, 2011

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 October 13, 2006, and the Deed of Trust of even date securing the same, recorded October 17, 2006, at Book TD344, Page 459 in Office of the Register of Deeds for Polk County, Tennessee, executed by Tammy M. Enriques and Grady F. Enriques, conveying certain property therein described to Larry A. Weissman as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Suntrust Mortgage, Inc. and Suntrust 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 19, 2011 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:
Located in the First Civil District of Polk County, Tennessee, to-wit:
Lot Two, Savannah Place, as shown by plat of record in Plat Book 9, page 91, Register’s Office of Polk County, Tennessee.
Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
Subject to conditional sewer easement as recorded in Deed Book 151, page 144 and Deed Book 162, page 335, Register’s Office of Polk County, Tennessee.
Subject to terms of consent to installation as recorded in Trust Book 275, page 158, Register’s Office of Polk County, Tennessee.
Subject to restrictions as recorded in Misc. Book 109, page 115, in the Register’s Office of Polk County, Tennessee.
Subject to all rights of way, setback lines, easements, conditions, restrictions, limitations and notations as shown on plat of Savannah Place recorded in Plat Book 9, page 91, Register’s Office of Polk County, Tennessee.
ALSO KNOWN AS:  187 Claire Street, Benton, Tennessee 37307
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.  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:  Tammy M. Enriques; Grady F. Enriques; SunTrust Mortgage Inc; Mortgage Electronic Registration Systems, Inc., as nominee for SunTrust Mortgage Inc; Cleveland Community Hospital
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. 1325‑214269
DATED August 18, 2011
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
INSERTION DATES: August 24, 2011, August 31, 2011, September 7, 2011
By: Shellie Wallace
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM

NOTICE OF SUBSTITUTE TRUSTEE`S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated August 6, 2007, executed by LAQUITA J. BOWMAN, conveying certain real property therein described to MARK A. ROSSER, as Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee recorded August 22, 2007, in Deed Book TD364, Page 277-290; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed 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 15, 2011 at 11:00 AM at the West Entrance of the Polk County 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: THE FOLLOWING DESCRIBED REAL ESTATE IN POLK COUNTY, TENNESSEE: TRACT ONE: BEING ALL OF LOTS 31 AND 33 CASSON HEIGHTS SUBDIVISION, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 2, PAGE 21, IN THE REGISTER`S OFFICE OF POLK COUNTY, TENNESSEE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOTUH LINE OF DORTHA AVENUE AT THE NORTHEAST CORNER OF LOT 33 AND THE NORTHWEST CORNER OF LOT 36, SAID POINT OF BEGINNING BEING NORTH 65 DEGREES WEST 200 FEET FROM THE INTERSECTION OF THE SOUTH LINE OF DORTHA AVENUE WITH THE WEST LINE OF HIGHWAY 411; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE WEST LINES OF LOTS 36 AND 37,253 FEET TO A POINT IN THE NORTH LINE OF HERMAN HAWKINS, SAID POINT MARKING THE SOUTHEAST CORNER OF LOT 33 AND THE SOUTHWEST CORNER OF LOT 37; THENCE NORTH 65 DEGREES WEST WITH THE NORTH LINE OF HERMAN HAWKINS 200 FEET TO A POINT, SAID POINT MARKING THE SOUTHEAST CORNER OF LOT 30 AND THE SOUTHWEST CORNER OF LOT 31; THENCE IN A NORTHEASTERLY DIRECTION WITH THE DIVIDING LINE BETWEEN LOTS 30 AND 31,153 FEET TO A POINT IN THE SOUTH LINE OF DORTHA AVENUE, SAID POINT MARKING THE NORTHEAST CORNER OF LOT 30 AND THE NORTHWEST CORNER OF LOT 31; THENCE SOUTH 65 DEGREES EAST WITH THE SOUTH LINE OF DORTHA AVENUE, 200 FEET TO A POINT, THE PLACE OF BEGINNING. FOR PRIOR TITLE, SEE DEED OF WARRANTY RECORDED IN DEED BOOK 51, PAGE 21, IN THE REGISTER`S OFFICE OF POLK COUNTY, TENNESSEE. TRACT TWO (2): BEING ALL OF LOT 36 OF CASSON HEIGHTS SUBDIVISION, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 2, PAGE 21, IN THE REGISTER`S OFFICE OF POLK COUNTY, TENNESSEE. SAID LOT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF DORTHA AVENUE WITH THE WEST LINE OF US HIGHWAY 411 IF SAID LINES ARE EXTENDED TO THEIR INTERSECTION POINT; THENCE NORTH 65 `DEGREES, WEST ALONG THE SOUTH LINE OF DORTHA AVENUE 200 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 36 AND THE NORTHEAST CORNER OF LOT 33; THENCE IN A. SOUTHERLY DIRECTION ALONG THE COMMON DIVIDING LINE BETWEEN LOTS 33 AND 36, 126.5 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 37 AND THE SOUTHWEST CORNER OF LOT 36; THENCE SOUTH 65 DEGRES EAST ALONG THE COMMON DIVIDING LINE BETWEEN LOTS 36 AND 37,260 FEET TO A POINT IN THE WEST LINE OF US HIGHWAY 411 MARKING THE NORTHEAST CORNER OF LOT 37 AND THE SOUTHEAST CORNER OF LOT 36; THENCE NORTH 1 DEGREE 30 MINUTES WEST ALONG THE WEST LINE OF US HIGHWAY 411, 142 FEET TO A POINT, THE POINT OF BEGINNING. DERIVATION: BEING THE SAME PROPERTY AS CONVEYED FROM DALE BOWMAN TO DALE BOWMAN AND LAQUITA J. BOWMAN, AS TENANTS BY THE ENTIRETY RECORDED APRIL 15, 1998, DEED BOOK 203, PAGE 238. PARCEL ID: 108IA015.00 PROPERTY ADDRESS: The street address of the property is believed to be 121 CASSON HEIGHTS DRIVE, OLDFORT, TN 37362. 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): LAQUITA J. BOWMAN OTHER INTERESTED PARTIES: 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 use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #14893: 2011-08-24  2011-08-31, 2011-09-07 

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on September 28, 2011 at 12:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Richard A. Childers and Wendy C. Childers, to Gateway Title Company, Trustee, on July 6, 2007 at Book TD361, Page 414; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Owner of Debt: Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP
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:
Lot One of the Quail Roost Subdivision, as shown on plat recorded in Plat Book 8, Page 327, in the Register’s Office of Polk County, Tennessee, to which plat reference is hereby made for a more particular description of said property.
THERE MAY BE A MANUFACTURED HOME LOCATED UPON THE ABOVE-DESCRIBED PROPERTY WHICH MAY OR MAY NOT BE PERMANENTLY AFFIXED TO SAID PROPERTY.
IN THE EVENT IT IS DETERMINED THAT THE MANUFACTURED HOME IS NOT PERMANENTLY AFFIXED TO THE PROPERTY, IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN TITLE TO SAID MANUFACTURED HOME.
Street Address: 4998 Highway 411 (per Deed of Trust), 116 Quail Roost Drive (per Assessor), Benton, Tennessee 37307
Parcel Number: 044N-A-010.00
Current Owner(s) of Property: Richard Childers and wife, Wendy Childers
The street address of the above described property is believed to be 4998 Highway 411 (per Deed of Trust), 116 Quail Roost Drive (per Assessor), Benton, Tennessee 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.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
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 may be a debt collector.  This may be an attempt to collect a debt and any information obtained may be used for that purpose.
File No. 09-012757
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690