Public Notices - 9/21/11
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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 SUBSTITUTE TRUSTEE’S FORECLOSURE SALE
WHEREAS, RAYMOND F. CHAMBERS and GLORIA M. CHAMBERS executed a deed of trust securing Chattanooga Agricultural Credit Association of record in Book TD 371, Page 350-355, in the Register’s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference, and Chattanooga Agricultural Credit Association is the owner and holder of the note secured by said deed of trust;
WHEREAS, said note is in default and the default has not been cured, despite demand;
WHEREAS, GEORGE N. McCOIN, was appointed substitute trustee by instrument recorded in Book MS 141, Page 283-284, in the Register’s Office of Polk County, Tennessee;
WHEREAS, per T.C.A. 35-5-117, if required, a “Notice of Right to Foreclose” was sent by the lender, trustee or substitute trustee sixty (60) days prior to first publication to the debtor and any co-debtor or guarantor;
WHEREAS, a copy of the Notice of Sale was sent on or before the first date of publication to the mortgagor and any co-debtor as required by T.C.A. 35-5-101.
WHEREAS, the owner and holder of the note has directed the substitute trustee to proceed with foreclosure;
NOW, THEREFORE, I, GEORGE N. McCOIN, SUBSTITUTE TRUSTEE, will on
October 3, 2011 @ 11:00 a.m. local time, sell the hereindescribed property at the main door of the courthouse at Benton, Polk County, Tennessee. The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate:
Located in the First Civil District of Polk County, Tennessee:
LOT TWENTY-NINE (29), OCOEE MOUNTAIN CLUB, PHASE 1, as shown by Plat of record in Plat Book 11, Page 125, in the Register’s Office of Polk County, Tennessee to which reference is hereby made for a more complete description.
AND BEING the same real estate conveyed to Raymond F. Chambers and wife, Gloria M. Chambers, by warranty deed of Ocoee Land Holdings, LLC, dated November 6, 2007, which instrument is duly of record in Book 254, Page 157, in the Register’s Office of Polk County, Tennessee.
SUBJECT to the interest of TVA under deed recorded in Deed Book 11, Page 63, Register’s Office of Polk County, Tennessee as it may apply.
SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
SUBJECT to any applicable covenants and restrictions.
SUBJECT to any fixture filings that have priority over the lien being foreclosed.
Said sale is subject to all unpaid taxes, assessments, and prior liens with priority of the lien being foreclosed. Further subject to any tenant rights not cut off by this foreclosure.
Trustee will sell and convey as trustee only. The above property is sold Awhere is, as is@.
The property address is believed to be: 155 Casson Road, Ocoee, Tennessee, 37362.
Governmental Entity Tax Liens: None.
Other Interested Parties: Pursuant to T. C. A. §35-5-104, notice to Aother interested parties@ is being provided to: 1) Ocoee Mountain Club HOA, Inc., 1697 Highway 64, Benton, TN 37361.
Witness my hand this 2nd day of September, 2011.
/s/ George N. McCoin
George N. McCoin, Substitute Trustee
Publication dates: Wednesday, September 7, 2011; Wednesday, September 14, 2011; Wednesday, September 21, 2011
ATHIS LAW FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED CAN BE USED FOR THE PURPOSE
OF COLLECTING THAT DEBT@
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 December 28, 2006, and the Deed of Trust of even date securing the same, recorded January 9, 2007, at Book 349, Page 404 in Office of the Register of Deeds for Polk County, Tennessee, executed by Roy G. Watson a/k/a Roy Gene Watson and Wendy L. Watson, conveying certain property therein described to First American Title Company as Trustee for CitiMortgage, Inc.; 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 October 17, 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.
Being a portion of Lot No. Nineteen (19) of South Bend Estates, Section II Subdivision, as shown by plat of record in Plat Book 4, page 58 in the Register’s Office Polk County, Tennessee.
Beginning at the Northeast corner of Lot 18 and the Northwest corner of Lot 19, said point being in the South line of Mountain Drive; thence along the dividing line between Lots 18 and 19, South 25 degrees 59 degrees West 250 feet to a point; thence South 64 degrees 1 degrees East 200 feet to a point; thence North 10 degrees 13 degrees East 307.3 feet to a point in the line of Mountain Drive; thence South 71 degrees 20 degrees West 15 feet to a point; thence on a right handed curve, Delta 44 degrees 39 degrees a tangent of 39.9 feet a distance of 95.2 feet to a point; thence North 64 deg 1 degrees West 20.0 feet to the beginning point, said tract containing one (1) acre, more or less.
Subject to Any governmental zoning and subdivision ordinances or regulations in effect thereon.
Subject to Restrictions as set out in Deed Book 136, page 229 and Deed Book 157, page 766, in said Register’s Office, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.
Subject to Drainage and utility easements and setback requirements as set out on recorded plat.
ALSO KNOWN AS: 176 Mountain Drive, Old Fort, Tennessee 37362
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: Roy G. Watson a/k/a Roy Gene Watson; Wendy L. Watson
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. 817‑182962
DATED September 8, 2011
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
September 14, 2011
September 21, 2011
September 28, 2011
By:Shellie Wallace
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
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.
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.
SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated FEBRUARY 24, 2006, executed by ROGER DAVIS (A/K/A ROGER MILTON DAVIS A/K/A ROGER M. DAVIS) AND PATRICIA A. DAVIS (A/K/A PATRICIA ANN DAVIS), HUSBAND AND WIFE, to TITLE INSURANCE COMPANY, Trustee, of record in BOOK TD333, PAGE 48, in the Register’s Office for POLK County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register’s Office for POLK County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by U.S. BANK, NATIONAL ASSOCIATION, N.D., being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY, OCTOBER 21, 2011 AT 11:00 A.M. (LOCAL TIME), AT THE WEST DOOR OF THE POLK COUNTY COURTHOUSE IN BENTON, POLK COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in POLK County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF POLK, TENNESSEE:
LOT FOUR (4) SAVANNAH PLACE AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 9, PAGE 91, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
SUBJECT TO ANY GOVERNMENTAL ZONING AND/OR SUBDIVISION ORDINANCE OR REGULATION IN EFFECT THEREON.
SUBJECT TO RESTRICTIONS, CONDITIONS, RESERVATIONS, EASEMENTS AND STIPULATIONS AS SET FORTH IN INSTRUMENT OF RECORD IN MISC. BOOK 109, PAGE 115 IN THE REGISTER’S OFFICE OF POLK, TENNESSEE.
SUBJECT TO FIFTEEN (15) FOOT DRAINAGE AND UTILITY EASEMENT ON LOT LINES ABUTTING PUBLIC ROADS AS NOTED ON RECORDED PLAT.
SUBJECT TO TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT ON EXTERIOR LOT LINES AS NOTED ON RECORDED PLAT.
SUBJECT TO FIVE (5) FOOT DRAINAGE AND UTILITY EASEMENT ON INTERIOR LOT LINES AS NOTED ON RECORDED PLAT.
SUBJECT TO BUILDING SETBACK LINES AS SHOWN ON RECORDED PLAT.
SUBJECT TO SEWER EASEMENT AS SET OUT IN THAT INSTRUMENT OF RECORD IN DEED BOOK 162, PAGE 335, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
SUBJECT TO SEWER EASEMENT AS SET OUT IN THAT INSTRUMENT OF RECORD IN DEED BOOK 151, PAGE 144 IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
BEING THE SAME PROPERTY CONVEYED TO ROGER M. DAVIS AND WIFE, PATRICIA A. DAVIS BY DEED DATED FEBRUARY 24, 2006 OF RECORD IN BOOK WD243, PAGE 87, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 169 CLAIRE STREET, BENTON, TENNESSEE 37307.
MAP 035N GROUP B PARCEL 024.04
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433. IF APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.
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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HSBC MORTGAGE SERVICES
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, SEPTEMBER 19, 2011. This is improved property known as 169 CLAIRE STREET, BENTON, TENNESSEE 37307.
J. PHILLIP JONES, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
(615) 254-4430
www.phillipjoneslaw.com
F11-2216
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
In The Chancery Court of Polk County, Tennessee
At Benton
In RE:
The adoption of a female child whose name for the purpose of this proceeding is: Brianna Nicole Seamon
By:
Tyler Tim Boehning and Dalene Elaine Boehning
petitioners,
Angela Renee Cooper- The biological mother
Co-petitioner,
vs.
Brian Seamon- The biological father
Respondent.
Order for Publication
It appearing from the Petition for Termination of Parental Rights and for Adoption in the cause, which is sworn to by the Petitioners and Co-Petitioners, that the biological father Brian Seamon is a non-resident of the state of Tennessee, and it further appearing that his wherabouts are unknown so that ordinary process cannot be served upon the defendant. It is therefore Ordered that said defendant will appear and make defense within thirty (30) days to the complaint or the same will be taken for confessed as to him and set for hearing ex parte, and that a copy of this order be published for four (4) consecutive weeks in a newspaper published in Benton, Polk County, Tennessee.
Within that time, Respondent Brian Seamon is also required to serve a copy of his pleading up David Calfee whose address is 23 N. Ocoee Street, P.O. Box 1001, Cleveland, TN 37364-1001, 423-476-4515.
Enter this 12th day of Aug., 2011.
Jerris. Bryant, Chancellor
David K. Calfee, BPR #025303
William J. Brown & Associates
Attorney for Tyler Tim Boehing and
Dalene Elaine Boehning
23 North Ocoee Street, P.O. Box 1001
Cleveland, TN 37364-1001
423-476-4515
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