Public Notices - 10/19/11
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NOTICE OF SUBSTITUTE TRUSTEE’S
FORECLOSURE SALE OF REAL ESTATE
WHEREAS, by Deed of Trust dated the 25th day of September, 2005, of record in the Register’s Office for Polk County, Tennessee, in Trust Book 326, pages 423 et seq., Keven Richard and wife, Glenda Richard, did convey in trust to Joe B. Goode, Trustee, that certain property hereinafter described to secure the payment of a debt in the original principal sum of $75,000.00 payable to Ralph H. Buckner and/or wife, Mamie Buckner, evidence by Promissory Note incorporated into said Deed of Trust by reference; and
WHEREAS, Ralph H. Buckner and wife, Mamie Buckner, as the owners and holders of said Deed of Trust, did on the 3rd day of October, 2011, appoint Charles W. Pope, Jr., as Substitute Trustee of the aforesaid Deed of Trust by Appointment of Substitute Trustee of record as filing number 11002151 in Misc. Book 141, pages 485-487 et seq., in the Register’s Office for Polk County, Tennessee;
WHEREAS, said Deed of Trust referred to above provides that in the event of default in the payment of the said Note described in the aforesaid Deed of Trust or any interest thereon, when due, the entire indebtedness shall, at the option of the holders and owners thereof shall become due and payable; and
WHEREAS, default has been made in the payment of said indebtedness, and Ralph H. Buckner and wife, Mamie Buckner, the holders and owners of said Note, have declared the entire balance together with accrued interest, costs and expenses, now due and payable and has instructed the undersigned Substitute Trustee to foreclose on said Deed of Trust.
NOW THEREFORE, by virtue of the authority in me vested as Substitute Trustee under said instruments described hereinbefore, I will on the 2nd day of November, 2011, at 10:30 a.m. offer for sale and sell at the Polk County Courthouse at the entrance door fronting on Highway 411, Benton, Polk County, TN 37307, to the last, highest and best bidder for cash in hand in bar of the statutory and equitable rights of redemption, the following described tract of land situated in Polk County, Tennessee, to-wit:
LOCATED in the First Civil District of Polk County, Tennessee, LOT ONE (1) of the ROBERT MALONE, DAVID HALE AND ERNEST STAFFORD PROPERTY SUBDIVISOIN as shown on Plat recorded in Plat Book 6, page 83, Register’s Office, Polk County, Tennessee. Said lot is more particularly described as BEGINNING at a point in the Easternmost line of U.S. Highway 411, at the point where the common corner of Lot 1 and Lot 2 intersect with said line of Highway 411, said point being the Northwesternmost corner of Lot 1; and from said point of beginning and leaving said line of said Highway 411, South 49° 00’ 00” East, 400.00 feet to a point, said point being the Northeasternmost corner of the herein conveyed tract; thence South 41° 00’ 00” West, 251.82 feet to appoint, said point being the Southeasternmost corner of the herein conveyed tract; thence North 61° 23’ 00” West, 461.38 feet to a point set in the Easternmost line of U.S. Highway 411; thence in a Northeasterly direction along said line of said U.S. Highway 411, North 49° 13’ 00” East, 354.40 feet to a point, being the place of BEGINNING.
PRIOR TITLE SOURCE: Being the same real estate conveyed to Keven Richard and wife by Ralph H. Buckner and wife by deed dated 9/25/05 which is recorded in ROPCT in Deed Book 240, page 253.
SUBJECT to TVA Easement across the Northern corner of said property as shown on said plat. Possibly SUBJECT to a Volunteer Electric Co-op Power line Easement. SUBJECT to governmental zoning and subdivision ordinances and/or regulations in effect thereon. SUBJECT to the rights of any and all public utility companies to have easements across said property. SUBJECT to an unrecorded Timber Deed from Daniel & Louise Hale, Robert & Willadean Malone, Ernest Stafford & Charlotte Stafford to Sutton Lumber Company and the rights granted to said Sutton Lumber Company through and including October 1, 1995.
Commonly known as: 8068 Hwy. 411, Benton, TN 37307, but such is not included in the legal description herein. Tax Map and Parcel No. 027-014.13.
Other interested parties to whom notice has been given: Ray Tallant, Occupant; Amanda Nichols, Occupant; and Polk County Property Assessor’s Office.
The Substitute Trustee will make a deed to the purchaser on the day of sale. 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, unpaid real property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not. This sale is further subject to all matters shown on any applicable recorded plat and any applicable setback lines; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; to any matters that an accurate survey of the premises might disclose; and subject to the rights of any tenants in possession. 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 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 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 certain without further publication, upon announcement at the time set forth above.
This is an action to collect a debt and any information obtained will be used for this purpose. 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.
DATED: At Athens, Tennessee, this 5th day of October, 2011.
/s/ Charles W. Pope, Jr.
Substitute Trustee
PUBLISH: October 12, 2011; October 19, 2011; October 26, 2011
PUBLIC NOTICE
It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of TCA, Section 40-12-104.
The Grand Jury will next meet at the Polk County Justice Center on Monday, the 24th day of October, 2011 at 1:00 P.M. and at the Ducktown Courthouse on the 24nd day of October, 2011 at 9:00 A.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question.
The foreman for the Benton area is Steve Harbison, and the foreman for the Ducktown area is Roger Thomasson.
CONNIE CLARK
CLERK OF COURTS
BID NOTICE
Polk County Board of Education is accepting sealed bids on carpet and rubber base removal, disposal and replacement in South Polk Elementary and Central Office. Bids should be received by mail or delivered to Polk County Board of Education, PO Box 665 Benton, TN 37307 by 2:00 p.m. of opening day. Bid opening will be Thursday, November 10, 2011 at 3:00 p.m. at the Central Office located at 131 Stephens Street, Benton, TN 37307. Bidders may attend opening but it is not required. All bidders must show proof of liability insurance with bid document.
The Carpet should be a 22ounce commercial grade, glue down, priced by square yard with a general rubber base. Separate materials from labor with the Board of Education having the option of purchasing materials.
Please contact Tammy Dunn, principal at South Polk Elementary, 423-338-4512 and Lisa Miles, secretary at Central Office, 423-299-0471 to make prior arrangements to take measurements of areas to be replaced.
Polk County Board of Education reserves the right to reject any and all bids.
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on November 9, 2011 at 2:00 PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by James Queen and wife Dana Queen, to Crume, Richardson & Young, Trustee, on April 18, 2008 at Book TD 378, Page 210; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Owner of Debt: Branch Banking and Trust Company
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:
The land referred to herein below is situated in the County of Polk, State of Tennessee, and is described as follows:
Situated in the First Civil District of Polk County, Tennessee, being the Northeastern 208.00 feet of Tract Twenty-Nine (29) of the Roy Stillwell property. Said property is more particularly described as follows:
Beginning at a point in the East line of the Cherokee National Forest, same being the original Southeast corner of Tract 28; and the original Northeast corner of Tract 29 of the Roy Stillwell property (Plat Book 1, Page 38), said point lying 302.00 feet South 11 degrees 00 minutes West from an iron pin marking the Southeast corner of the Milburn Carroll property (Deed Book 46, Page 163), and being the Northeast corner of the property herein conveyed; from said point of beginning with the Cherokee National Forest South 11 degrees 00 minutes West 208.00 feet to an iron pin corner; thence along a severance line through Tract 29 of the Roy Stillwell property North 79 degrees 00 minutes West 208.00 feet to an iron pin corner; thence along a second severance line through Tract 29 of the Roy Stillwell property North 11 degrees 00 minutes East 208.00 feet to an iron pin corner; thence with the original common line between Tract 28 and Tract 29 of the Roy Stillwell property South 79 degrees 00 minutes East 208.00 feet to the point of beginning.
Containing 1.00 acre (acreage not warranted), according to that survey by Troy Richard Slack TN RLS Number 680, Englewood, Tennessee 37329, same dated 7/29/1998 and being Drawing Number 98-142. A reduced photocopy of said survey is recorded in Deed Book 209, at Page 40.
There is quitclaimed herewithin all of the grantor’s rights, title and interest in the joint use of that 10 foot wide Right-of-Way extending from the East side of Gee Creek Road upon the South side of the Hardin Lot (Deed Book 78, Page 19) and the Barnett Lot (Deed Book 86, Page 51) and which thereafter becomes a 20 foot wide Right-of-Way known as “Ashley Drive” upon the South side of a 2.91 acre lot, a 2.46 acre lot, a 0.72 acre lot, and a 20 foot by 20 foot square out of the Southwest corner of a 1.44 acre lot. (acreage know warranted) (Said Right-of-way ends 186.77 feet West of the West line of the Cherokee National Forest.)
Located upon the above-described property is a 2003 Freedom 2 manufactured home, Serial Number CLH029045TN, which is believed to be permanently affixed to said property.
Street Address: 234 Ashley Drive, Delano, Tennessee 37325
Parcel Number: 010-063.07
Current Owner(s) of Property: Dana Rominger Brown n/k/a Dana Queen and husband, James Queen
The street address of the above described property is believed to be 234 Ashley Drive, Delano, Tennessee 37325, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
A 2003 FREEDOM 2 MANUFACTURED HOME, SERIAL NUMBER CLH029045TN, IS BELIEVED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY. IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN THE TITLE TO SAID MOBILE HOME.
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. 11-021191
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
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on October 11, 1990, by Mildred A. Tatum, unmarried to Randle B. Richardson, Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee in Book 135, Page 1-4, recorded October 12, 1990, (“Deed of Trust”); and
WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture (“USDA”); and
WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed David Collett as Substitute Trustee by instrument filed for record in the Register’s Office of Polk County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and
NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and David Collett as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Tuesday, October 25, 2011 commencing at 1:30 P.M. at the east door at the Polk County Courthouse, Benton, Tennessee, proceed to sell at public outcry to the highest bidder either for cash or 10 percent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the 1st Civil District in Polk County, Tennessee to wit:
SAID LOT TWENTY (20) in HOPE VILLAGE SUBDIVISION, a plat of which is recorded in the Register’s Office for said County in Plat Book 2, page 121.
BEGINNING where the Southeast line of Franklin Drive is intersected by the Southwest line of Carol Circle, and from said beginning point and running with said line of said Circle, South 72º 46’ East, 110 feet; thence with the Northwest line of McCullough land, South 11º 14’ West, 143.1 feet to the Northeast corner of Lot 19 as shown on said Plat; thence with the Northeast line of said Lot 19, North 71º 42’ West, 125 feet to the Southeast line of said Franklin Drive; thence with said line of said Drive, North 17º 15’ East, 140 feet to the BEGINNING. HOWEVER, EXCEPTED from the above description is all of the Northwesternmost corner of said Lot used in rounding the road intersection.
Being the same property conveyed by O’Neil McCullough and wife, to Mildred A. Tatum, by deed of record in Deed Book 14, Page 301, in the said Register’s Office.
PROPERTY ADDRESS: 121 Franklin Drive Benton TN 37307
CURRENT OWNERS: Mildred A. Tatum
The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) 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.
Publication Dates: 10/05/11, 10/12/11 AND 10/19/11
Substitute Trustee
David Collett
309A North Market St.
Chattanooga, TN 37405
http//www.resales.usda.gov
Notice of Meeting
Polk County 9-1-1
Board of Directors
The Board of Directors of the Polk county 9-1-1 Emergency Communications District will meet at 3:00 p.m. on December 7 at 1817 Delano road in Delano, TN, where and at which time the Board will consider any matter that may be properly presented. Future Board meetings will be held at 3:00 p.m. at the Polk County 9-1-1 District Office on Highway 64 in Ocoee, on the 1st Wednesday of the months of February, April, August, October, and December, unless notice is otherwise given. The public is invited to attend.
Stephen Lofty, Chairman
9-1-1 Board of Directors
Public Auction
Court Ordered Property Sale
Polk County Chancery Court
Saturday, November 12, 2011 at 1:00 p.m.
Sale location: On the premises in Turtletown, Tennessee
The Property located at: 207 Taylor Rd.
In compliance with an Order of the Chancery Court of Polk County, Tennessee, entered April 29th, 2011 and Amended Order entered August 12, 2011 in the case of Vivian Kay Ritchie vs. Melvin Jack Adcock, Docket No. 7532, the following tract of land located in the third Civil district of Polk county, Tennessee will be sold at Public Auction to the highest bidder.
All that tract or parcel of land situated, lying, and being in Section 17, Fractional Township 3 South, Range 5 East of the Ocoee Basis Line, in the 3rd Civil District of Polk County, Tennessee, and being more particularly described as follows:
Beginning at a point being the point of intersection of the centerline of Taylor Lane and the westerly right of way of the railroad formerly known as L&N Railroad (60’ R/W); thence along and with the westernmost right of way of said railroad the following two courses: thence along the arc of a curve to the left a distance of 179.93 feet, subtended by a chord S 46 42’36” W, a distance of 179.89 feet, having a radius of 2345.13 feet to a point; thence south45 42’ 47” W, a distance of 150.15 feet to the lands of Nicholson marked by an iron pin and corner; thence along and with the lands of Nicholson N 62 50’53” W, a distance of 441.17 feet to an iron pin and corner; thence N 24 18’10” E, a distance of 17.80 feet to the lands of Griffith marked by an oak tree and corner; thence leaving the lands of Nix along and with the lands of Griffith s 62 55’42” E, a distance of 293.00 feet to the lands of Hansard marked by an iron pin and corner; thence leaving the lands of Griffith along and with the lands of Hansard along and with the lands of Hickey along a chain link fence s 46 39’16” W, a distance of 269.81 feet to a point in the centerline of Taylor Lane; thence along and with said centerline the following three curses: thence S 07 03’25” E, a distance of 222.41 feet to a point; thence along the arc of a curve to the right a distance of 179.43 feet, subtended by a chord s 14 25’07” W, a distance of 174.28 feet, having a radius of 215.33 feet to a point; thence along the arc of a curve to the left distance of 65.25 feet, subtended by a chord S 13 47’ 19: W, a distance of 63.76 feet, having a radius of 87.99 to the point of beginning.
Said tract or parcel of land containing 11.32 acres of land, more or less, and being shown on a plat of survey for Vivian Kay Ritchie and Melvin Jack Adcock, by Lane Bishop, TN RLS #1324, dated June 5, 2008 and revised August 26, 2011 and being made a part of this description for a more complete description.
Being the same property conveyed to Eugene M. Adcock, Jr. and wife, Vivian Doris Adcock by Warranty Deed from Howard Kimsey and wife, Ruby Kimsey recorded on August 30, 1954 in Warranty Deed Book 44, pages 327-328 in the Register of Deeds Office, Polk County, Tennessee, Eugene M. Adcock, Jr. was preceded in death by his wife, Vivian Doris Adcock, and therefore had fee simple interest in the property as the surviving tenant by the entirety at the time of his death.
Tax ID No: Map 082, Parcel 037.00
The terms for this sale are (10%) percent of the purchase price to be paid the day of the sale by cash (certified check, cashier’s check, or personal check with bank letter or guarantee) with the balance to be paid in full upon confirmation of the sale by the Court and delivery of the Clerk and Master’s Deed. The ten (10%) percent deposit shall be retained as liquidated damages in the event the highest bidder is unable to comply wit the terms of the sale. In such event the next highest bid will be accepted. The final terms will be announced prior to the sale and all terms and conditions announced at the sale shall take precedence over any prior representations.
The property may be viewed on October 29, 20121 between 10:00 and 11:00 a.m.
This the 17th day of October 2011
Kimberly Ingram
Special Commissioner
Neil A. Brunetz and M. Ellis Lord, Attorneys for Plaintiff
Carl Petty, Attorney for Defendant
To run: October 19, October 26, and November 2, 2011
Bid Notice
The Polk County Board of Education is accepting bids on 3 used school buses.
Sealed bids must be in our office by 10:00 a.m. on Friday, October 28, 2011. they may be mailed to us at P.O. Box 665, 131 Stephens Street, Benton, TN 37307.
1996 Ford, Genesis motor, 66 passenger, 115,790 miles (runs and drives; in great condition).
1996 International, Genesis motor, 72 passenger, 96,231 miles (runs and drives; in great condition).
1998 International, Carpenter motor, 84 passenger, 62,064 miles (runs and drives; in great condition).
The Polk County Board of Education reserves the right to reject any or all bids.
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 November 28, 2005, and the Deed of Trust of even date securing the same, recorded November 30, 2005, at Book TD329, Page 153 in Office of the Register of Deeds for Polk County, Tennessee, executed by Christy Trotter Anthony B. Trotter Beverly Hogg and Beverly Hogg, conveying certain property therein described to Secure Title of Cleveland, Inc. as Trustee for Mortgage Electronic Registration Systems, Inc. as Nominee for Southstar Funding, LLC and Southstar Funding, LLC 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 November 14, 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:
All that tract or parcel of land lying and being in the First Civil District of Polk County, Tennessee, being Lot Nineteen (19), Circle “R” Estates, as shown by plat of record in Plat Book 4, Page 13, in the Register’s office of Polk County, Tennessee.
FOR PRIOR TITLE, see Deed of warranty recorded in Book 241, page 316 in the Register’s Office of Polk County, Tennessee.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:
Any governmental zoning and subdivision ordinances or regulations in effect thereon.
This conveyance is made subject to Easements, Restrictions, Covenants and Conditions of record, including matters shown on recorded plats.
Restrictions as set out in instrument recorded in Misc. Book 56, Page 81, in the Register’s Office of Polk County, Tennessee. But excluding any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate Title 42 USC 3604(c).
Subject to requirements as set out in the Legend of Circle R Estates, as recorded in Plat Book 4, Page 13, in the Register’s Office of Polk County, Tennessee.
Parcel # 035B A 00400 000
ALSO KNOWN AS: 336 Circle R Drive, Benton, Tennessee 37307-5003
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: Keyhole Capital, LLC; EMC Mortgage Corp.; Appliance Credit Union; Cleveland Anesthesiologist, Inc.; Christy Trotter; Anthony B. Trotter; Beverly Hogg; Melissa Rollins; Billy Joe Rollins; Beverly Hogg
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. 1286‑130239
DATED October 5, 2011
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
October 19, 2011
October 26, 2011
November 2, 2011
By Shellie Wallace
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
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, NOVEMBER 18, 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; PATRICIA A. DAVIS
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, October 15, 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 November 9, 2011 at 2:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by James D. Stiles, single, to Tri State Land Title, Trustee, on April 5, 2002 at Book TD272, Page 422; 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 Section 29, Fractional Township Three, South Range Five, east of the Ocoee Basis Line, in the Third (3rd) Civil District of Polk County, Tennessee, located off McJunkin Road, and being more particularly described as follows:
BEGINNING at an iron pin located on the southeast corner of the property herein conveyed, said iron pin located North 24 degrees 03 minutes 00 seconds East a distance of 1103.00 feet from Tennessee Chemical Company Monument Number 226 from said point of beginning; thence North 65 degrees 46 minutes 29 seconds West a distance of 636.78 feet to an iron pin; thence North 23 degrees 53 minutes 39 seconds East a distance of 213.34 feet to an iron pin; thence North 55 degrees 23 minutes 34 seconds East a distance of 654.58 feet to a 1/2 inch rebar; thence North 55 degrees 23 minutes 34 seconds East a distance of 97.18 feet to the center of a 40 foot easement; thence along with said centerline the following eleven (11) calls and distances: South 51 degrees 49 minutes 37 seconds West a distance of 13.38 feet; thence in a curve to the left a distance of 184.33 feet, subtended by a chord South 34 degrees 43 minutes 42 seconds West a distance of 181.60 feet, radius equals 308.83 feet; thence South 17 degrees 37 minutes 47 seconds West a distance of 25.39 feet; thence in a curve to the right a distance of 58.72 feet, subtended by a chord South 32 degrees 07 minutes 04 seconds West a distance of 58.09 feet, radius equals 116.10 feet; thence South 46 degrees 36 minutes 22 seconds West a distance of 25.86 feet; thence in a curve to the left a distance of 230.70 feet, subtended by a chord South 00 degrees 00 minutes 16 seconds East a distance of 206.09, radius equals 141.80 feet; thence South 46 degrees 36 minutes 53 seconds East a distance of 53.98 feet; thence in a curve to the right a distance of 122.48 feet, subtended by a chord South 22 degrees 53 minutes 26 seconds East a distance of 119.01, radius equals 147.90 feet; thence South 00 degrees 50 minutes 01 second West a distance of 43.12 feet; thence in a curve to the left a distance of 78.97 feet, subtended by a chord South 10 degrees 23 minutes 59 seconds East a distance of 78.47 feet, radius equals 201.40 feet; thence South 21 degrees 37 minutes 59 seconds East a distance of 25.39 feet to a point; thence leaving the aforementioned centerline, South 24 degrees 03 minutes 00 seconds West a distance of 34.03 feet; thence South 24 degrees 03 minutes 00 seconds West a distance of 117.00 feet to the point of beginning, as surveyed by Lowell K. Bice, Tennessee Registered Land Surveyor Number 1892, Route 1, Box 148, Copperhill, TN 37317. Should there be any discrepancy between the aforementioned survey plat and the description above, the survey shall prevail. Said survey is recorded in Plat Book 8, Page 378, in the Office of the Register of Deeds, Polk County, Tennessee.
THIS CONVEYANCE MADE TOGETHER WITH non-exclusive right of ingress, ingress and utility services along existing roads to the subject property.
THIS CONVEYANCE ALSO MADE TOGETHER WITH mineral rights acquired by Quitclaim Deed of record in Book 123, Page 246, and conveyed in Warranty Deed of record in Deed Book 134, Page 11, in the Office of the Register of Deeds, Polk County, Tennessee.
ALSO CONVEYED AND RESERVED HEREWITH is easement along public road leading to cemetery for power and all other utilities. Hydrocarbon Estate, gas and oil rights, heretofore reserved by Cities Services Company.
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: 197 McJunkins Road (per Deed of Trust), McJunkin Cemetery Road (per Assessor), Turtletown, Tennessee 37391
Parcel Number: 093-039.23
Current Owner(s) of Property: James D. Stiles and Brandi Lynn Stiles, who acquired title as James D. Stiles, single, and Brandi Lynn Burk, single, as joint tenants with full rights of survivorship and not as tenants in common
Other interested parties: United Community Bank, Net Bank, f/k/a RBMG, Inc. and Mortgage Electronic Registration Systems, Inc.
The street address of the above described property is believed to be 197 McJunkins Road (per Deed of Trust), McJunkin Cemetery Road (per Assessor), 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.
SALE IS SUBJECT TO UCC FINANCING STATEMENT HELD BY NETBANK, OF RECORD IN BOOK TD346, PAGE 338, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office 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. 10-000657
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
Public Auction
Court Ordered Property Sale
Polk County Chancery Court
Saturday, November 12, 2011 at 10:00 a.m.
Sale location: On the premises in Copperhill, Tennessee
The Property located at: 125 Beagle Lane
In compliance with Orders of the Chancery Court of Polk County, Tennessee, entered November 4, 2009, and April 29, 2011 in the case of Kathy M. Galloway Vs. Mary L. Bright, Docket No. 7455, the following tract of land located in the third Civil district of Polk County, Tennessee will be sold at Public Auction to the highest bidder.
A Certain Tract Of Land situated in the Burgertown Area in Section 35 and 36, Fractional Township Three, south Range five, East of the Ocoee Basis Line in the third Civil District of Polk County, Tennessee, and being more particularly described as follows.
Beginning at the point of intersection of the West right of way of Burgertown Road, said right of way being 20 feet from the center line and the South right of way of a 12-foot gravel road, said right of way being 50 feet in total width; point of beginning being the Northeast corner of the property herein conveyed; from said point of beginning, leaving right of way of 2 foot gravel road and along with the West right of way of Burgertown Road, the following two calls and distances; South 11 deg. 44 min. 36 sec. East distance of 363.77 feet; thence in a right handed curve a distance of 39.31 feet, subtended by a chord South 03 deg. 24 min. 57 sec. East, a distance of 39.20 feet, radius equals 2174.15 feet to an iron pin; thence leaving said right of way North 82 deg. 25 min. 41 sec. East, a distance of 730.37 feet to an iron pin; thence North 46 deg. 27 min. 52 sec. West a distance of 269.35 feet to an iron pin located on the South right of way of the aforementioned 12-foot gravel road; thence along with said right of way the following six calls and distances; North 30 deg. 35 min. 37 sec. East, a distance of121.25 feet; thence in a right handed curve a distance of 141.10 feet subtended by a chord North 42 deg. 06 min. 37 sec. East, a distance of 140.09 feet; thence south 88 deg. 14 min. 15 sec. East, a distance of 229.16 feet; thence in a left handed curve a distance of 159.60 feet subtended by a chord North 72 deg. 49 min. 16 sec. East, a distance of 158.47 surveyed by Lane S. Bishop, Registered Land Surveyor, Tenn. No. 1324, Nov. 8, 1985, and shown as Lot 7 on map designated as 0-103-3800 on file at Tennessee chemical Company, Copperhill, Tennessee, said map and survey made a part of this description and hereby incorporated by reference.
Grantor makes no warranty as to vertical and lateral support to the Grantees, their heirs and assigns, forever.
Being the property conveyed to William L. Bright, Jr. and wife, Ellen Bright, by deed record in the register’s Office of Polk County, Tennessee in Deed book 138, Page 234-36.
Tax ID No: Map 105 Parcel 038.15
The terms of the sale are ten (10%) percent of the purchase price to be paid the day of the sale by cash (certified check, or personal check with bank letter or guaranty) with the balance to be paid in full upon confirmation of the sale by the Court and delivery of the Clerk and Master’s Deed. The ten (10%) percent deposit shall be retained as liquidated damages in the event the highest bidder is unable to comply with the terms of sale. In such event, the next highest bidder will be accepted. The final terms will be announced prior to the sale and all terms and conditions announced at the sale shall take precedence over any prior representations.
The property may be viewed between 9:00 and 9:45 a.m. the day of the sale.
This the 17th day of October, 2011.
Kimberly A. Ingram
Special Commissioner
Marcia McMurray, Attorney for Petitioner
To Run: October 19, October 26, and November 2, 2011
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