Public notices - 11/09/11
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NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE
WHEREAS, OCOEE LAND HOLDINGS, LLC, executed a deed of trust securing CHATTANOOGA AGRICULTURAL CREDIT ASSOCIATION of record in Book TD 380, Pages 344-351, 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, OCOEE LAND HOLDINGS, LLC, conveyed part of the herein described land to Land Discoveries, LLC, a Florida Limited Liability Company, by deed recorded on March 3, 2010, and recorded in Book 265, Page 424, in the Register’s Office of Polk County, Tennessee;
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, Pages 432-433, 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 this 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
Wednesday, November 30, 2011 @ 11:00 a.m.
local time, sell the herein described property at the main (west) 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:
TRACT ONE:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
All that certain tract or parcel of land situated, lying and being in Polk County, Tennessee, containing 97.4 acres, more or less, and being more fully shown and described on a plat of a survey for Heirs of Beckler Estate, made by Jimmy L. Richmond, Registered Land Surveyor No. 917, Richmond Surveying Company, 3205 Dalton Pike, SE, Cleveland, Tennessee, 37311, dated April 18, 1986, and recorded in the Office of the Register of Polk County, Tennessee, in Plat Book 5, Page 45, which plat is incorporated into this description by reference thereto and to which plat reference is made for a metes and bounds description of said land. Identified by the Polk County Tennessee Tax Assessor as Map 76, Parcel 20.
Being the same property conveyed to Ocoee Land Holdings, LLC, a Tennessee Limited Liability Company, by Warranty Deed from Kenneth Bishop and Myrtle Adeliah Bishop dated May 30, 2008, and recorded in Book WD 257, Page 171, in the Register’s Office of Polk County, Tennessee.
TRACT TWO:
LYING AND BEING IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, as shown on the Plat dated June 19, 2006, Project No. 27061, for Southeastern Timberland, LLC, by Allen Nail, TN RLS No. 1794, Sequatchie Valley Surveying, 949 Mill Dam Road, Pikeville, TN 37367, and being more particularly described as follows:
Being that certain 37.27 ACRE TRACT and that certain 87.95 ACRE TRACT of land as shown on said plat of record in the Office of the Register of Deeds of Polk County, Tennessee, in Cabinet 11, Slide 111, including all terms, conditions, easements and restrictions that appear on said plat.
LESS AND EXCEPT Lots 1, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 38, 39, 40, 41, 42, 43, 44, 45, 48, 78, 79, 80, 81, 82, 83, 84, 85, 92, 93, 94, 95, 96, 97, 98, 99, 103, 104, 105, 108, 109, 111, 112, 114, 115, 137, 138, 144, 145, 146, 147, 148, and 165, as shown by Plat of record for the Ocoee Mountain Club, as recorded in Plat Book 11, Page 125, Phase I, Ocoee Mountain Club, Plat Book 12, Page 57, Phase III, Ocoee Mountain Club and Plat Book 12, Page 68, Phase IV, Ocoee Mountain Club all in the Register’s Office of Polk County, Tennessee.
The above described property has been plated in whole or part as Ocoee Mountain Club Subdivision as shown by Plats of Record in the Register of Deeds Office Polk County Tennessee. The following lots have been released and are not included in the above described property: Lots 2, 3, 4, 5, 6, 7, 8, 9, 14, 33, 35, 36, 37, 46, 47, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 86, 87, 88, 89, 90, 91, 99, 100, 102, 106, 107, 113, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 139, 140, 142, 143, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 162, 163, 164, 168, 169, 170, 171, 172, 173, 174, 175, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 222, 223, 224, 225, 226, 234, 236, 239, 249, 250, 252, 253, 254, 255, 256, 257, 258, 259, 261, 267, 273, 274, 278, 279, and 281.
Being a portion of the same property conveyed to Ocoee Land Holdings, LLC, by Special Warranty Deed from Southeastern Timberland, LLC, dated February 23, 2007, and recorded in Book 249, Page 451, in the Register’s Office of Polk County, Tennessee.
SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
SUBJECT to any applicable covenants and restrictions that may have priority over the deed of trust being foreclosed.
SUBJECT to any fixture filings that have priority over the lien being foreclosed.
SUBJECT to interest of U.S.A. Tennessee Valley Authority, a/k/a TVA in land acquired from Tennessee Electric Power Company (TEPCO) described in Deed Book 11, page 63, in the Register’s Office of Polk County, Tennessee, said strip of land formerly having been used for a railroad.
SUBJECT to contract with City of Benton, dated January 14, 2008, and recorded in Book 126, page 393, as it may apply.
SUBJECT to Trust Book 377, page 458, as to Lot 46.
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.
SUBJECT to covenants and restrictions for Ocoee Mountain Club Subdivision dated June 15, 2007, recorded in Misc. Book 124, Page 284, and subject to amendments to Misc. 124, Page 284, as they may apply.
SUBJECT to public and private roads, and utility easements for Ocoee Mountain Club Phases I, II, III, IV, V, and VI, as shown on plat of record in the Register of Deeds Office of Polk County, Tennessee.
SUBJECT to set backs and notes on plats of record for Ocoee Mountain Club.
SUBJECT to Tennessee Department of Environment and Conservation regulations.
Trustee will sell and convey as trustee only. The above property is sold “where is, as is”.
The property address is believed to be: Sloan Gap Road, Casson Road, Mountain View Circle, White Water Run, Timber Ridge Circle, Black Bear Lane, and Deer Run Lane, all located in Polk County, Tennessee.
Governmental Entity Tax Liens: Notice of Claim of Lien has been recorded by the Tennessee Department of Revenue in Lien Book L14, Page 19, in the Register’s Office of Polk County, Tennessee. Said notice is dated April 7, 2011, and was recorded on April 11, 2011. Pursuant to T.C.A. 67-1-1433(b), notice of this foreclosure sale has been timely given. This sale is being advertised and will be subject to the right of the State of Tennessee to redeem as provided in T.C.A. 67-1-1433(c)(1).
Other Interested Parties: Pursuant to T.C.A. 35-5-104 notice to “other interested parties” is being provided to:
1. Tennessee Department of Revenue, by virtue of a tax lien, recorded in Lien Book L14, page 19, in the Register’s Office of Polk County, Tennessee;
2. Ross Tarver and wife, Holy Tarver, c/o Robert G. Norred, Logan Thompson P.C., P.O. Box 191, Cleveland, TN, 37364-0191, by virtue of a judgment lien, recorded in Lien Book L13, page 132, in the Register’s Office of Polk County, Tennessee;
3. Ross Tarver and wife, Holly Tarver, c/o Marsha M. McMurray, P.O. Box 610, Cleveland, TN, 37364-0610, by virtue of a judgment lien, recorded in Lien Book L13, page 132, in the Register’s Office of Polk County, Tennessee;
4. Ross Tarver and wife, Holy Tarver, 598 Jenkins Rd., NE, Cleveland, TN, 37312, by virtue of a judgment lien recorded in Lien Book L13, page 132, in the Register’s Office of Polk County, Tennessee;
5. R & R Hospitality LLC, 3146 St. Elmo Avenue, Chattanooga, TN, 37408, by virtue of a judgment lien, recorded in Lien Book L13, page 103, in the Register’s Office of Polk County, Tennessee;
6. Jenkins Brick and Tile Company, LLC, c/o James L. Henry, Jr., 412 Broad Street, Chattanooga, TN, 37402-1219, by virtue of a judgment lien, recorded in Lien Book L13, page 430, in the Register’s Office of Polk County, Tennessee;
7. Joey Richmond, d/b/a Richmond Construction, c/o Becky Richmond, Registered Agent, 386 Branam Road, SE, Old Fort, TN, 37362, by virtue of a deed of trust, recorded in Book 400, page 377, in the Register’s Office of Polk County, Tennessee;
8. Joey Richmond, c/o Lynn Perry, 201 1st Street, NW, P.O. Box 545, Cleveland, TN, 37364-0545, by virtue of a deed of trust recorded in Book 400, page 377, in the Register’s Office of Polk County, Tennessee;
9. Ocoee Mountain Club Homeowners Association, Inc., c/o Lou Lentine, Registered Agent, 1697 Hwy. 64, Benton, TN, 37361, by virtue of covenants and restrictions;
10. Kathleen and Gerald Barrett, c/o Bateman Gibson, LLC, Cotton Exchange Building, 65 Union Avenue, Suite 1010, Memphis, TN, 38103, by virtue of a lien lis penden, recorded in Lien Book L13, page 385, in the Register’s Office of Polk County, Tennessee;
11. Charles Realmuto, c/o Attorney Travis Henry, 175 Spring Street, NW, Cleveland, TN, 37311, by virtue of a lien lis penden, recorded in Lien Book L14, page 127, in the Register’s Office of Polk County, Tennessee;
12. Michael L. Van Demark and wife, Carolyn M. Van Demark, c/o Bateman Gibson, LLC, Cotton Exchange Building, 65 Union Avenue, Suite 1010, Memphis, TN, 38103, by virtue of a lien lis penden, recorded in Lien Book L13, page 440, in the Register’s Office of Polk County, Tennessee;
13. City of Benton, c/o Mayor Jerry Stephens, P.O. Box 687, Benton, TN, 37307, by virtue of a contract, recorded in Miscellaneous Book 126, page 393, in the Register’s Office of Polk County, Tennessee;
14. Robert Chris White, d/b/a Ocoee Ridge, 4121 Mitchell Road, NW, Cleveland, TN, 37312, by virtue of a contract with City of Benton and Ocoee Mountain Club, recorded in Misc. Book 126, page 393 in the Register’s Office of Polk County, Tennessee;
15. Greg Hampton Builders, LLC, c/o Shera Rose, 1697 Hwy 64E, Benton, TN, 37307, by virtue of an agreement, recorded in Misc. Book 136, page 65, in the Register’s Office of Polk County, Tennessee;
16. Dye Electric Service, Inc., Attention: James Dye, P.O. Box 162, Blue Ridge, GA, 30513, by virtue of a Mechanic’s and Materialman’s Lien, recorded in Lien Book 135, page 384, in the Register’s Office of Polk County, Tennessee;
17. Wilbur Smith Associates, Inc., c/o CT Corporation System, Registered Agent, 800 S. Gay Street, Suite 2021, Knoxville, TN, 37929, and Wilbur Smith Associates, Inc., c/o Richard L. Hollow, Hollow and Hollow, LLC, 410 Montbrook Lane, Suite 200, Knoxville, TN, 37919, by virtue of a lien, recorded in Misc. Book MS132, page 229, in the Register’s Office of Polk County, Tennessee;
18. Allen Best, d/b/a Best Excavation, 3387 Ballplay, Madisonville, TN, 37354, and Allen Best, c/o Cleveland and Cleveland P.C., 120 W. Morris St., Sweetwater, TN, 37874, by virtue of a Laborer’s Lien, recorded in Lien Book L12, page 465, in the Register’s Office of Polk County, Tennessee;
19. Jimmy Richmond, d/b/a Richmond Surveying, Co., 363 First St., SW, Cleveland, TN, 37311, by virtue of a Laborer’s and Materialman’s Lien, recorded in Lien Book L12, page 404, in the Register’s Office of Polk County, Tennessee;
20. Land Discoveries, a Florida Limited Liability Company, c/o J. Randolph Miller, Esq., Long Ragsdale and Waters, P.C., 111 North Shore Dr., Suite S. 700, Knoxville, TN, 37919, by virtue of a Quitclaim Deed, recorded in Lien Book L13, page 442, in the Register’s Office of Polk County, Tennessee;
21. Lou Lentine, Registered Agent for Land Discoveries, a Florida Limited Liability Co., 1629 Prime Court 7, Orlando, FL, 32819, by virtue of a Quitclaim Deed, recorded in Deed Book 265, page 424, in the Register’s Office of Polk County, Tennessee.
Witness my hand this 18th day of October, 2011.
/s/ George N. McCoin
GEORGE N. McCOIN, Substitute Trustes
Publication dates: Wednesday, October 26, 2011; Wednesday, November 2, 2011; Wednesday, November 9, 2011.
“THIS 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”
In The Chancery Court Of Polk County, Tennessee
Probate Division
In the Matter of:
The Estate of Norman L. Harris, deceased.
Notice To Creditors
Notice is hereby given that on the 21st day of October, 2011, Letters of Administration with will Annexed in respect of the Estate of Norman L. Harris, who died August 18, 2011 were issued to the undersigned by the Chancery Court (Probate Division) of Polk Count, Tennessee, All persons, resident and non-resident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk of the Chancery Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedents date of death, otherwise their claims are forever barred.
This 21st day of October, 2011
Signed: Janet C. Chwan, Administrator C.T.A.
Diane H. Scherer, Administrator C.T.A.
Kimberly Ingram, Clerk & Master
To the Clerk of the Probate Court:
Please publish the above notice in the Polk County News.
Laura M. Crawford, BPR #021440
Attorney for Administrators C.T.A.
337 Main St., P.O. Box 930
Ducktown, TN 37326
(423) 496-3603
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 JUNE 25, 2010, executed by JOSHUA T. JONES, UNMARRIED, to PROFESSIONAL TITLE SERVICES, INC., Trustee, of record in BOOK TD411, PAGE 238 AS CORRECTED IN SCRIVENER’S AFFIDAVIT OF RECORD IN BOOK MS140, PAGE 25, 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 TENNESSEE HOUSING DEVELOPMENT AGENCY BY AND THROUGH ITS SERVICER AND AUTHORIZED AGENT, U.S. BANK NATIONAL ASSOCIATION, 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, DECEMBER 9, 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 THIRTY-SIX (36), CROWE HILLS SUBDIVISION, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 2, PAGE 61, IN THE SAID REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
SUBJECT TO RESTRICTIVE COVENANTS AS SET OUT IN INSTRUMENT RECORDED IN MISC. BOOK 31, PAGE 434, IN THE 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.
BEING THE SAME PROPERTY CONVEYED TO JOSHUA T. JONES, UNMARRIED, BY DEED DATED JUNE 25, 2010 OF RECORD IN BOOK WD267, PAGE 109, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 228 CROWE HILL CIRCLE, BENTON, TENNESSEE 37307.
MAP 036G GROUP C CTRL MAP 036B PARCEL 006.00
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: NONE OF RECORD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, November 7, 2011. This is improved property known as 228 CROWE HILL CIRCLE, BENTON, TENNESSEE 37307.
J. PHILLIP JONES, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
(615) 254-4430
www.phillipjoneslaw.com
F11-2606
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 2, 2004, and the Deed of Trust of even date securing the same, recorded November 17, 2004, at Book 313, Page 25 in Office of the Register of Deeds for Polk County, Tennessee, executed by Jerry Briggs, conveying certain property therein described to Robert M. Wilson, Jr as Trustee for “MERS” Mortgage Electronic Registration Systems, Inc., as a seperate corporation acting solely as nominee for America’s Wholesale Lender and America’s Wholesale Lender’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 November 21, 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:
A certain Tract of land in Polk County, State of Tennessee, described as follows, to-wit: To Find the point of beginning, begin at point in the Southern margin of Pin Hook Road that is on a chord bearing and distance of South 59 degrees 11 minutes, West 372.4 feet from the most Northerly corner of a 6.7 acre tract conveyed to Ward L. Exline by deed from Danny L. Moats and wife, record in Deed Book 128, pace 236, in the Register’s Office of Polk County, Tennessee and proceed South 16 degrees 02 minutes 40 seconds West, 90.6 feet to the True Point of Beginning; thence South 65 degrees 18 minutes 18 seconds East, 119.9 feet to a point; thence South 26 degrees 08 minutes West 52.1 feet to a point; thence South 50 degrees 10 minutes East, 35.9 feet to a point; thence South 62 degrees 18 minutes West, 81.1 feet to a point; thence South 55 degrees West, 81.7 feet to a point; thence North 89 degrees 23 minutes West, 43.01 feet to a point; thence North 21 degrees 39 minutes West, 51.03 feet to a point in the Eastern margin of a fifty foot access easement; thence with said access easement, North 36 degrees 58 minutes East, 113.7 feet to a point; thence North 16 degrees 02 minutes 40 seconds East, 68.1 feet to the point of beginning as shown by the survey of Richmond Surveying Company TRLS number 917, 3005 Michigan Avenue Road, Northeast, Cleveland, Tennessee 37323, dated June, 11th 1990. Together with and easement for ingress and egress and for utilities that is everywhere fifty feet in width and west of a line running from Pin Hook Road that is described as follows: To find the point of beginning, begin at a point in the Southern margin of Pin Hook Road that is on a chord bearing and distance of South 59 degrees 11 minutes West, 372.4 feet from the most Northerly corner of a 6.7 acre tract conveyed to Ward L. Exline by Danny L. Moats and wife, of record in Deed Book 128, page 236, Register’s Office of Polk County, Tennessee; thence South 16 degrees 02 minutes 40 seconds West, 158.1 feet to a point and thence South 36 degrees 58 minutes West, 113.7 feet to a point. Property located a1: 675 Pinhook Road, Calhoun, Polk County, Tennessee 37309.
ALSO KNOWN AS: 675 Pinhook Road, Calhoun, Tennessee 37309
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: Jerry Briggs; Jerry Owen Briggs, Jr.; Wenda Briggs Akers; Estate of Jerry Briggs; Heirs of Jerry Briggs
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. 726‑195313
DATED September 16, 2011
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
October 26, 2011
November 2, 2011
November 9, 2011 By: Shellie Wallace
OR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
NOTICE OF SUBSTIUTE TRUSTEES SALE
WHEREAS, Bobby Cate a/k/a Bobby Cates and Retta Cate a/k/a Rita Cates on or about June 20, 2008 in Book TD 381, Page 289 of record 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 First Volunteer Bank of Tennessee (“FVB”), 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 be advertised and sold in satisfaction of the indebtedness and costs of foreclosure in accordance with the terms and provisions of the Notes and Deed of Trust.
NOW, THEREFORE, notice is hereby given that I, DOUGLAS N.
BLACKWELL II, SUBSITUTE TRUSTEE, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on November 17, 2011 at 10:05am at the front of the Main Door of the old 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 Deeds of Trust, certain real property and attachments located in Polk County, Tennessee, described as follows:
IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
BEGINNING at a point in the Southwest line of Cookson Creek Road at its intersection with the West line of Chester Alloway property; thence Southerly along the West line of Chester Alloway 154 feet to an iron pin; thence Northwesterly 260 feet to an iron pin; thence Northerly running parallel to the line of Chester Alloway 198 feet to an iron pin located in the South line of Cookson Creek Road; thence Southeasterly along the line of Cookson Creek Road to the beginning point being shown by Tax Map 64, Parcel 107.
LESS AND EXCEPT that portion conveyed to Whitney Mikel by deed of record in Deed Book 219/631, ROPCT.
LESS AND EXCEPT that portion conveyed to Thomas A. Patterson and wife, Linda L. Patterson in Deed Book 129, Page 32 in the Register’s Office of Polk County, Tennessee.
SUBJECT TO AND TOGETHER WITH a Declaration of Sewer Easement as further described in Deed Book 207, Page 393 in the Register’s Office of Polk County, Tennessee.
For prior title being part of that property in Deed recorded in Deed Book 128, Page 144 from Lorene Alloway to Bobby Cate and wife, Retta Cate dated 10/17/1986 and recorded 10/20/1986, in the Register’s Office of Polk County, Tennessee and Deed recorded in Deed Book 127, Page 179 from Lorene Alloway to Bobby Cates and Rita Cates dated 8/29/1986 and recorded 8/29/1986 in said Register’s Office.
Any governmental zoning and subdivision ordinances in effect thereon.
Subject to non-exclusive and perpetual easement to use the water from the well located on the property conveyed to James A. Patterson and wife, Gena D. Patterson, as described in Deed Book 242, Page 13 in said Register’s Office.
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 know as: 170 Dixon Road, Ocoee, TN, but such is not included in the legal description herein.
OTHER INTERESTED PARTIES: Bobby Cate, Retta Cate, Occupants, Polk Property Tax Office, Bradley Memorial Hospital c/o McCoin Law Firm, Ralph Buckner Funeral Home c/o Sherry Park Atty., Ford Motor Credit c/o James Mynatt Atty..
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 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; 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 matter, which are prior in right to the lien of the aforesaid Deed of Trust.
WITNESS my hand this 20th day of October, 2011.
/s/ Douglas N. Blackwell II
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: October 26, November 2 and November 9, 2011.
In The Juvenile Court Of McMinn County, Tennessee
State Of Tennessee
Department Of Children’s Services
V.
Mary Long Clayton, Mother
Respondent
In The Matter Of:
Shyanna Clayton, DOB 09-12-03
Noah Davenport, DOB 12-07—7
Notice Of Publication
In This cause it appearing that ordinary process cannot be served upon the Respondent, EDWARD DAVENPORT, whose whereabouts are unknown and cannot be ascertained upon diligent inquiry, the said Respondent, EDWARD DAVENPORT, is therefore ORDERED and required to file an answer in the Juvenile Court of McMinn County, Tennessee, whose address is McMinn County Courthouse, 6 East Madison Avenue, Room 211, Athens, TN 37303 within thirty (30) days after the last date of this publication or a default judgment may be taken against you for the relief demanded in said complaint.
It is further ORDERED that this notice be published for four (4) consecutive weeks in the Polk County News, a newspaper published in Polk County, Tennessee.
Rhonda Cooley
Juvenile Court Clerk
In The Juvenile Court Of McMinn County, Tennessee
State Of Tennessee
Department Of Children’s Services
V.
Mary Long Clayton, Mother
Respondent
In The Matter Of:
Shyanna Clayton, DOB 09-12-03
Noah Davenport, DOB 12-07—7
PUBLIC NOTICE
Under the provisions of Section 57-205, Tennessee Code
Annotated, as amended, effective May 1, 1972:
Ricky Caruso and Rachael Coffman
7649 Hwy. 411 Benton, TN 37307
On 10-31-11 filed an amended application to the Polk County Beer Board Commission for license to sell beer at the following location:
Map #26 Parcel #19.02 7649 Hwy 411 Benton, TN 37307
To be known as Log Cabin Bar and Grill
Application is for on premises sales. Business formerly known as Log Cabin with Jennifer S. Crisp as permitee.
The Polk County Beer Board Commission will meet at 6:30 p.m. on the 17th day of November, 2011, Polk County Court House, Benton, Tennessee at which time the above application will be considered.
Angie Sanford
County Clerk
In The Chancery Court For Polk County, Tennessee
At Benton – Probate Division
In the Matter of the Estate of:
Edward Wayne Cooper, SR.
Notice To Creditors
Estate of: Edward Wayne Cooper, SR. (deceased)
Notice is hereby given that on the 4th day of October, 2011, Letters Testamentary in respect of the Estate of Edward Wayne Cooper, Sr., deceased, who died March 3, 2011, were issued to the undersigned by the Probate Court of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against the Estate are required to file the same with the Clerk of the above-named Court within the earlier of four (4) consecutive months from the first day of this Notice or (12) twelve months from the decedents date of death, otherwise their claims are forever barred.
This 4th day of October, 2011
Signed: Deborah Sue Tinsley, Personal Representative
Estate of: Edward Wayne Cooper, Sr., deceased
To the Clerk of the Probate Court:
Please publish the above in the Polk County News.
Dietrich & Dietrich
By: Paul H. Dietrich, BPR #005876
Attorney for the Estate
P.O. Box 198
Cleveland, TN (423) 479-8681
INVITATION TO BID
In accordance with TCA 5-14-11, Polk County Government is now accepting sealed bids for the collection and disposal of solid waste for Polk County. Bid specifications may be obtained from the County Executive’s office at the courthouse in Benton, TN or by calling 423-338-4527 or by visiting the county’s website www.polkgovernment.com. All bids must be sealed and clearly marked SEALED BIDS on the front of the envelope and must be received by December 6, 2011 at 4:00 p.m.
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE
WHEREAS, OCOEE LAND HOLDINGS, LLC, executed a deed of trust securing CHATTANOOGA AGRICULTURAL CREDIT ASSOCIATION of record in Book TD 370, Pages 98-104, 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, OCOEE LAND HOLDINGS, LLC, conveyed part of the herein described land to Land Discoveries, LLC, a Florida Limited Liability Company, by deed recorded on March 3, 2010, and recorded in Book 265, Page 424, in the Register’s Office of Polk County, Tennessee;
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, Pages 430-431, 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 this 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
Wednesday, November 30, 2011 @ 11:00 a.m.
local time, sell the herein described property at the main (west) 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:
TRACT 1:
LYING and BEING in the First (1st) Civil District of Polk County, Tennessee, as shown on the plat dated June 19, 2006, Project No. 27061, for Southeastern Timberland, LLC by Allen Nail, TN RLS No. 1794, Sequatchie Valley Surveying, 949 Mill Dam Road, Pikeville, Tennessee 37367, and being more particularly described as follows:
BEING that certain 37.27 Acre Tract and that certain 87.95 Acre Tract of Land as shown on said plat of record in the Office of the Register of Deeds of Polk County, Tennessee, Cabinet 11, Slide 111, including all terms, conditions, easements and restrictions that appear on said plat.
Being the same real estate conveyed to Ocoee Land Holdings, LLC, the grantors herein, by Special Warranty Deed of Southeastern Timberland, LLC, a Florida limited liability company, dated March 2, 2007, which instrument is duly of record in Deed Book 249, Page 451-455, in the Register’s Office of Polk County, Tennessee.
THERE IS EXCEPTED from the above described property of the Ocoee Mountain Club Phase 1: Lots No. 14, 17, 18, 19, 22, 23, 25, 27, 28, 30, 31, 32, 38, 39, 40, 42, 43 and 44 and also Phase II: Lots No. 63, 66, 70 and 71, Register’s Office Polk County, Tennessee.
TRACT II:
LOCATED in the First (1st) Civil District of Polk County, Tennessee BEGINNING at an iron pin found in the Northeast line of Cookson Creek Road, said point marking the Southeast corner of the land of Kepsel as set out in Deed Book 232, Page 314, in the Register’s Office for Polk County, Tennessee, and the Southwest corner of the property herein conveyed; thence with the land of Kepsel, North 24 deg. 18 min. 13 sec. East 514.44 feet to an iron pin found; thence North 10 deg. 27 min. 48 sec. West 364.53 feet to an iron pin found; thence North 08 deg. 30 min. 43 sec. East 311.07 feet to an iron pin found; thence North 13 deg. 21 min. 06 sec. West 117.33 feet to an iron pin found in the South bank of Little Ocoee River; thence with and along the meanderings of said South bank of said River, approximately 1,880.00 feet more or less, but more specifically as of the date of the survey, the following four (4) calls and distances: North 87 deg. 43 min. 35 sec. East 186.96 feet; North 46 deg. 02 min. 47 sec. East 685.91 feet; South 85 deg. 39 min. 53 sec. East 270.14 feet; and South 22 deg. 38 min. 31 sec East 708.49 feet to an iron pin found marking the Northwest corner of Lot Seven (7) as set out in Plat Book 8, Page 310, in the said Register’s Office; thence South 28 deg. 28 min. 34 sec. West 500.98 feet to an iron pin found; thence South 75 deg. 39 min. 07 sec. West 228.00 feet to an iron pin found; thence South 14 deg. 20 min. 53 sec. East 532.19 feet to an iron pin found; thence South 10 deg. 51 min. 17 sec. East 565.44 feet to an iron pin found in the Northern line of an existing farm road; thence along the said line of said existing farm road, the following six (6) calls and distances: Delta = 99 deg. 01 min. 54 sec. on a tangent of 52.72 feet, a distance of 77.78 feet to a point; North 68 deg. 21 min. 01 sec. West 375.32 feet to a point; Delta = 20 deg. 53 min. 18 sec. on a tangent of 89.40 feet, a distance of 176.81 feet to a point; North 47 deg. 27 min. 46 sec. West, 327.80 feet to a point; Delta = 68 deg. 17 min. 52 sec. on a tangent of 78.00 feet, a distance of 137.08 feet to a point; and South 64 deg. 14 min. 21 sec. West 154.64 feet to an iron pin found in the Northeast line of Cookson Creek Road; thence along said line of said Road, Delta = 13 deg. 03 min. 07 sec. on a tangent of 34.13 feet, a distance of 67.92 feet to a point, and North 38 deg. 35 min. 26 sec. West 100.92 feet to the iron pin found at the point of beginning, all as shown by the survey of Cleveland Surveying Company, 1523 South Lee Highway, Cleveland, Tennessee dated November 12, 2007.
The above described property has been platted in whole or part as Ocoee Mountain Club Subdivision as shown by Plats of Record in the Register of Deeds Office Polk County Tennessee. The following lots have been released and are not included in the above described property: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 20, 21, 24, 26, 29, 33, 34, 35, 36, 37, 41, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 162, 163, 164, 165, 168, 169, 170, 171, 172, 173, 174, 175, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 222, 223, 224, 225, 226, 234, 236, 239, 249, 250, 252, 253, 254, 255, 256, 257, 258, 259, 261, 267, 273, 274, 278, 279, and 281.
BEING the same real estate conveyed to Ocoee Land Holdings, LLC, a Florida limited liability company, the grantor herein, by Warranty Deed of Ocoee Holdings, a Tennessee General Partnership, dated November 27, 2007, which instrument is duly of record in Deed Book WD 254, Page 222-225, in the Register’s Office of Polk County, Tennessee.
SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
SUBJECT to any applicable covenants and restrictions that have priority over the deed of trust being foreclosed.
SUBJECT to any fixture filings that have priority over the lien being foreclosed.
SUBJECT to interest of U.S.A. Tennessee Valley Authority, a/k/a TVA in land acquired from Tennessee Electric Power Company (TEPCO) described in deed book 11 page 63 in the Registers Office of Polk County Tennessee said strip of land formerly having been used for a railroad.
Said sale is subject to all unpaid taxes, assessments, and prior liens with priority over the lien being foreclosed. Further subject to any tenant rights not cut off by this foreclosure.
SUBJECT to covenants and restrictions for Ocoee Mountain Club Subdivision dated June 15, 2007, recorded in Misc. Book 124, Page 284, and subject to amendments to Misc. 124, Page 284, as they may apply.
SUBJECT to public and private roads, and utility easements for Ocoee Mountain Club Phases I, II, III, IV, V, and VI, as shown on plat of record in the Register of Deeds Office of Polk County, Tennessee.
SUBJECT to set backs and notes on plats of record for Ocoee Mountain Club.
SUBJECT to Tennessee Department of Environment and Conservation regulations.
Trustee will sell and convey as trustee only. The above property is sold “where is, as is”.
The property address is believed to be: The property address is believed to be: Sloan Gap Road, Casson Road, Mountain View Circle, White Water Run, Timber Ridge Circle, Black Bear Lane, and Deer Run Lane, all located in Polk County, Tennessee.
Governmental Entity Tax Liens: Notice of Claim of Lien has been recorded by the Tennessee Department of Revenue in Lien Book L14, Page 19, in the Register’s Office of Polk County, Tennessee. Said notice is dated April 7, 2011, and was recorded on April 11, 2011. Pursuant to T.C.A. 67-1-1433(b), notice of this foreclosure sale has been timely given. This sale is being advertised and will be subject to the right of the State of Tennessee to redeem as provided in T.C.A. 67-1-1433(c)(1).
Other Interested Parties: Pursuant to T. C. A. 35-5-104, notice to “other interested parties” is being provided to:
1. Tennessee Department of Revenue, by virtue of a tax lien, recorded in Lien Book L14, page 19, in the Register’s Office of Polk County, Tennessee;
2. Ross Tarver and wife, Holly Tarver, c/o Robert G. Norred, Logan Thompson P.C., P.O. Box 191, Cleveland, TN, 37364-0191, by virtue of a judgment lien, recorded in Lien Book L13, page 132, in the Register’s Office of Polk County, Tennessee;
3. Ross Tarver and wife, Holly Tarver, c/o Marsha M. McMurray, P.O. Box 610, Cleveland, TN, 37364-0610 by virtue of a judgment lien, recorded in Lien Book L13, page 132, in the Register’s Office of Polk County, Tennessee;
4. Ross Tarver and wife, Holly Tarver, 598 Jenkins Rd., NE, Cleveland, TN 37312, by virtue of a judgment lien, recorded in Lien Book L13, page 132, in the Register’s Office of Polk County, Tennessee;
5. R & R Hospitality LLC, 3146 St. Elmo Avenue, Chattanooga, TN 37408, by virtue of a judgment lien, recorded in Lien Book L13, page 103, in the Register’s Office of Polk County, Tennessee;
6. Jenkins Brick and Tile Company LLC, c/o James L. Henry Jr., 412 Broad Street, Chattanooga, TN, 37402-1219, by virtue of a judgment lien, recorded in Lien Book L13, page 430, in the Register’s Office of Polk County, Tennessee;
7. Joey Richmond, d/b/a Richmond Construction, c/o Becky Richmond, Registered Agent, 386 Branam Road, SE, Old Fort, TN 37362, by virtue of a deed of trust, recorded in Book 400, page 377, in the Register’s Office of Polk County, Tennessee;
8. Joey Richmond, c/o Lynn Perry, 201 1st Street, NW, P.O. Box 545, Cleveland, TN 37364-0545, by virtue of a deed of trust, recorded in Book 400, page 377, in the Register’s Office of Polk County, Tennessee;
9. Ocoee Mountain Club Homeowners Association, Inc., c/o Lou Lentine, Registered Agent, at 1697 Hwy. 64, Benton, TN, 37361, by virtue of covenants and restrictions;
10. Kathleen and Gerald Barrett, c/o Bateman Gibson, LLC, Cotton Exchange Building, 65 Union Avenue, Suite 1010, Memphis, TN, 38103, by virtue of a lien lis penden, recorded in Lien Book L13, page 385, in the Register’s Office of Polk County, Tennessee;
11. Charles Realmuto, c/o Attorney Travis Henry, 175 Spring Street NW, Cleveland, TN, 37311, by virtue of a lien lis penden, recorded in Lien Book L14, page 127, in the Register’s Office of Polk County, Tennessee;
12. Michael L. Van Demark and wife, Carolyn M. Van Demark, c/o Bateman Gibson, LLC, Cotton Exchange Building, 65 Union Avenue, Suite 1010, Memphis, TN, 38103, by virtue of a lien lis penden, recorded in Lien Book L13, page 440, in the Register’s Office of Polk County, Tennessee;
13. City of Benton, c/o Mayor Jerry Stephens, P.O. Box 687 Benton, TN, 37307, by virtue of a contract recorded in Misc. Book 126, page 393, in the Register’s Office of Polk County, Tennessee;
14. Robert Chris White, d/b/a Ocoee Ridge, at 4121 Mitchell Road, NW, Cleveland, TN, 37312, by virtue of a contract with City of Benton and Ocoee Mountain Club, recorded in Misc. Book 126, page 393, in the Register’s Office of Polk County, Tennessee;
15. Greg Hampton Builders, LLC, c/o Shera Rose, 1697 Hwy 64E, Benton, TN, 37307, by virtue of an agreement, recorded in Misc. Book 136, page 65, in the Register’s Office of Polk County, Tennessee;
16. Dye Electric Service Inc., Attention: James Dye, P.O. Box 162, Blue Ridge, GA, 30513, by virtue of a Mechanic’s and Materialman’s Lien, recorded in Lien Book 135, page 384, in the Register’s Office of Polk County, Tennessee;
17. Wilbur Smith Associates, Inc., c/o CT Corporation System, Registered Agent, 800 S. Gay Street, Suite 2021, Knoxville, TN 37929, and Wilbur Smith Associates, Inc., c/o Richard L. Hollow, Hollow and Hollow, LLC, 410 Montbrook Lane Suite 200, Knoxville, TN 37919, by virtue of a lien, recorded in Misc. Book MS132, page 229, in the Register’s Office of Polk County, Tennessee;
18. Allen Best, d/b/a Best Excavation, 3387 Ballplay, Madisonville, TN, 37354, and Allen Best, c/o Cleveland and Cleveland P.C., at 120 W. Morris St. Sweetwater, TN, 37874, by virtue of a Laborer’s Lien, recorded in Lien Book L12, page 465, in the Register’s Office of Polk County, Tennessee;
19. Jimmy Richmond, d/b/a Richmond Surveying Co., at 363 First St. SW, Cleveland, TN, 37311, by virtue of a Laborer’s and Materialman’s Lien, recorded in Lien Book L12, page 404, in the Register’s Office of Polk County, Tennessee;
20. Land Discoveries, a Florida Limited Liability Company, c/o J. Randolph Miller, Esq., Long Ragsdale and Waters P.C., 111 North Shore Dr., Suite S. 700, Knoxville, TN, 37919, by virtue of a Quitclaim Deed, recorded in Lien Book L13, page 442, in the Register’s Office of Polk County, Tennessee; and
21. Lou Lentine, Registered Agent for Land Discoveries, a Florida Limited Liability Co., 1629 Prime Court 7, Orlando, FL, 32819, by virtue of a Quitclaim Deed, recorded in Deed Book 265, page 424, in the Register’s Office of Polk County, Tennessee.
Witness my hand this 18th day of October, 2011.
/s/ George N. McCoin
GEORGE N. McCOIN, Substitute Trustee
Publication dates: Wednesday, October 26, 2011; Wednesday, November 2, 2011; Wednesday, November 9, 2011.
“THIS 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 SUCCESSOR TRUSTEE’S SALE
WHEREAS, Kevin M. Klier (“Klier”) made that certain Universal Note and Security Agreement dated as of January 2, 2007, as amended by Commercial Debt Modification Agreement dated January 11, 2008, as amended by a Commercial Debt Modification Agreement dated January 2, 2009, as amended by a Commercial Debt Modification Agreement dated April 2, 2009, as amended by a Universal Note and Security Agreement executed by Hiwassee Preserve, LLC, a Tennessee limited liability company (“Hiwassee”) dated August 11, 2009, (collectively hereinafter referred to as the “Note”), in favor of Capital Bank, N.A., successor by merger to GreenBank, formerly known as Bank of Athens (the “Lender”), in the original principal amount of Two Million Dollars and No Cents ($2,000,000.00); and
WHEREAS, to secure the Note, Klier and/or Hiwassee (sometimes referred to herein collectively as the “Borrower”) conveyed certain real property to Kenneth Clark Hood, as Trustee, by a Deed of Trust dated January 2, 2007, and recorded on January 8, 2007, in Book 349, Pages 333-337, as Instrument No. 07000052, and re-recorded in Book 354, Page 140, as Instrument No. 07000989, both in the Register’s Office for Polk County, Tennessee (the “Deed of Trust”); and
WHEREAS, by instrument titled Appointment of Successor Trustee dated October 12, 2011, and recorded October 17, 2011, in Book MS142, Pages 46-47, as Instrument No. 11002236 in the Register’s Office for Polk County, Tennessee, Bradley H. Hodge was appointed by the Lender as Successor Trustee under the Deed of Trust in the place and stead of Kenneth Clark Hood; and
WHEREAS, the Borrower is in default in the performance of the covenants, terms, and conditions of the Note, and the Lender has declared the Note and all other indebtedness related thereto immediately due and payable.
NOW, THEREFORE, as a result of such default and the Lender’s instruction that he foreclose the Deed of Trust in accordance with its terms and conditions, notice is hereby given that Bradley H. Hodge, the above named Successor Trustee, by virtue of the power, duty, and authority vested in him, or his agent appointed pursuant to Tennessee Code Annotated Section 35-5-114, will on Tuesday, November 29, 2011, commencing at 11:00 a.m. eastern standard time, in front of the west door of the Polk County Courthouse, with an address of 6239 Hwy. 411, Benton, Tennessee 37307, where foreclosure sales are customarily held, offer for sale and sell at public auction, AS IS and WHERE IS, with no representations or warranties of any nature, the following described real property of the Borrower therein to the highest bidder for cash free from the right and equity of redemption and all other rights of redemption, statutory or otherwise, homestead, dower, and all other exemptions and marital rights, all of which are hereby expressly waived and conveyed in the Deed of Trust, said real property being situated in Polk County, Tennessee, and being more particularly described as follows, as well as all easements serving or benefitting the said real property:
Located in the First Civil District of Polk County, Tennessee:
Parcel One:
BEING Lots 5, 6, and 7, of the HIWASSEE PRESERVE, as shown by plat of record in Plat Book 10, page 95, in the Register’s Office of Polk County, Tennessee.
Parcel Two:
BEING Lots 8, 9, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 43, 44, 45, 46, 52, and 53, of HIWASSEE PRESERVE, Phase II, as shown by Plat Book 11, page 77, in the Register’s Office of Polk County, Tennessee.
BEING part of the property conveyed to Hiwassee Preserve, LLC by deed dated November 28, 2005 and recorded in Deed Book 241, page 332, and also by deed dated May 24, 2006 and recorded in Deed Book 244, page 370, both in the Register’s Office for Polk County, Tennessee.
The Polk County Property Assessor’s references for the above-described property are as follows:
Address Tax ID No.
158 Morning Dunn Drive (Lot 5) CLT #038D-A-00500 000
162 Morning Dunn Drive (Lot 6) CLT #038D-A-00600 000
166 Morning Dunn Drive (Lot 7) CLT #038D-A-00700 000
170 Morning Dunn Drive (Lot 8) CLT #038D-A-00800 000
174 Morning Dunn Drive (Lot 9) CLT #038D-A-00900 000
Morning Dunn Drive (Lot 18) CLT #038D-A-01800 000
Morning Dunn Drive (Lot 19) CLT #038D-A-01900 000
Morning Dunn Drive (Lot 20) CLT #038D-A-02000 000
Morning Dunn Drive (Lot 21) CLT #038D-A-02100 000
Morning Dunn Drive (Lot 22) CLT #038D-A-02200 000
Morning Dunn Drive (Lot 23) CLT #038D-A-02300 000
Morning Dunn Drive (Lot 24) CLT #038D-A-02400 000
Morning Dunn Drive (Lot 25) CLT #038D-A-02500 000
Morning Dunn Drive (Lot 26) CLT #038D-A-02600 000
Morning Dunn Drive (Lot 27) CLT #038D-A-02700 000
Morning Dunn Drive (Lot 28) CLT #038D-A-02800 000
Morning Dunn Drive (Lot 29) CLT #038D-A-02900 000
Morning Dunn Drive (Lot 30) CLT #038D-A-03000 000
Morning Dunn Drive (Lot 31) CLT #038D-A-03100 000
Morning Dunn Drive (Lot 32) CLT #038D-A-03200 000
Morning Dunn Drive (Lot 33) CLT #038D-A-03300 000
Morning Dunn Drive (Lot 34) CLT #038D-A-03400 000
Morning Dunn Drive (Lot 35) CLT #038D-A-03500 000
Morning Dunn Drive (Lot 36) CLT #038D-A-03600 000
Morning Dunn Drive (Lot 37) CLT #038D-A-03700 000
Morning Dunn Drive (Lot 38) CLT #038D-A-03800 000
Morning Dunn Drive (Lot 39) CLT #038D-A-03900 000
Morning Dunn Drive (Lot 40) CLT #038D-A-04000 000
Morning Dunn Drive (Lot 43) CLT #038D-A-04300 000
Morning Dunn Drive (Lot 44) CLT #038D-A-04400 000
Morning Dunn Drive (Lot 45) CLT #038D-A-04500 000
Morning Dunn Drive (Lot 46) CLT #038D-A-04600 000
Morning Dunn Drive (Lot 52) CLT #038D-A-05200 000
This sale is subject to ad valorem taxes (whether delinquent, for the current year, or for subsequent years), any liens or encumbrances which have priority over the lien created by the Deed of Trust, and any statutory rights of redemption of any governmental entity or agency. This sale is also subject to the following, but only to the extent they may have priority over the lien created by the Deed of Trust: all matters shown on any applicable recorded plat; any other taxes of any nature, whether current or delinquent; any delinquent, current, or future assessments, reservations, easements, conditions, covenants, rights-of-way, setback lines, restrictions, and restrictive covenants; any matter that an accurate survey of the above-described real property might disclose; and any other matter disclosed in the public records having priority over the Deed of Trust.
The high bidder shall pay a non-refundable deposit on the day of the sale in the amount of ten percent (10%) of the high bidder’s bid price and shall pay the balance of the sales price within thirty (30) days following the day of the sale. Title to the above-described real property shall be transferred by a successor trustee’s deed, AS IS and WHERE IS, with no representations or warranties of any nature.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Lender, be cause for rejection of the bid, and if the bid is rejected, the Lender shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms hereof. The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust and are made a part hereof as if set forth verbatim herein.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The Successor Trustee may, from time to time, 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 as set forth above or at any date and time fixed by a preceding postponement. Alternatively, at his option, the Successor Trustee may give a new notice of sale.
There are no other parties “interested” in the sale of the above-described property as set forth herein, as may be defined by Tennessee statutes, and to whom the Successor Trustee has given notice of this sale.
Notice of the sale of the real property as set forth herein has been given pursuant to the provisions of 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, Tennessee Code Annotated Sections 50-7-404(i)(2)(B) and 67-1-1433(b)(2), and Tennessee Department of Revenue Rule 1320-2-1-.35, if applicable.
The provisions of Tennessee Code Annotated Section 35-5-117 are not applicable to this sale.
This Notice has been published in accordance with Tennessee Code Annotated Section 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning Wednesday, November 2, 2011.
According to information provided by the Polk County Property Assessor, the street addresses and tax parcel numbers listed above are believed to be for the property described above, but such addresses are not part of the legal description of the above-described property, and in the event of any discrepancy, the legal description for the above-described property shall control.
This 28th day of October, 2011.
Bradley H. Hodge
Successor Trustee
P.O. Box 1990
Knoxville, Tennessee 37901 865-525-5300
Gentry, Tipton & McLemore, P.C.
2300 Riverview Tower
900 South Gay Street
Knoxville, Tennessee 37902
Publication Dates in Polk County News:
November 2, 2011, November 9, 2011, and November 16, 2011
FOR SALE INFORMATION, CONTACT:
Josh Howell
Capital Bank, N.A.
10201 Parkside Drive
Knoxville, Tennessee 37922
865-218-5395
In The Chancery Court Of Bradley County, Tennessee
At Cleveland
In the Matter of the Estate of
Bennie F. Hughes
Notice To Creditors
Estate of Bennie F. Hughes; Date of Death: August 18, 2011
Notice is hereby given that on the 8th day of October, 2011, Letters Testamentary/Administration in respect to the Estate of Bennie F. Hughes, deceased, were issued to the undersigned by the Probate Court of Polk County, Tennessee.
All persons, resident and non-resident, having claims, matured or unmatured against the Estate are required to file the same with the Clerk of the above named Court within the earlier of 4 months from the date of the first publication of this notice or 12 months from the decedents death, otherwise their claims are forever barred.
This day of October 6, 2011.
Signed: Mary Helen Hughes-Key; Personal Representative
Estate of Bennie F. Hughes, Decesed
To the clerk of the Probate Court:
Please publish the above in the Polk County News
Kim Ingram, Clerk & Master
William J. Brown (BPR 05450)
Attorney for the Estate
P.O. Box 1001
Cleveland, TN 37364-1001
(423) 476-4515
NOTICE OF SALE
WHEREAS, Darlene Blackwell, by Deed of Trust dated on or about on or about 2-2- 2001 in Book 255, Page 602 and on or about 10-26-2009 in Book 402, Page 456 (see also, Affidavit of Scrivener’s Error in Misc. Book 134, Page 190), 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 First Volunteer Bank of Tennessee, 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 December 2, 2011 at 10:05 am at the front of the Main Door of the old 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:
BEGINNING at an iron pin located in the center line of a creek, said point being in the Southeast line of Helton, being the property acquired in Deed Book 99, Page 110, thence along the line of Helton, North 67 deg. 25 min. 56 sec. East, 70.12 feet; thence North 29 deg. 43 min. 50 sec. East, 289.76 feet; thence South 53 deg. 29 min. East, 157.89 feet; thence South 54 deg. 44 min. 23 sec. West, 409.62 feet; thence North 0 deg. 58 min. 18 sec. West, 51.90 feet to the beginning point. Said tract containing 0.69 acres, more or less being shown by survey of Doyle A. McCracken, TRLS # 745, dated August 25, 2000 styled “Darlene Blackwell”.
There is also conveyed the right to use a perpetual non-exclusive road right of way easement being a uniform width of 20’ and extending along Southeast line of the above-conveyed tract and thence extending Southwesterly to Welcome Valley Road as further described in Deed Book 79, Page 377 in said Register’s Office.
For prior title see Deed recorded in Deed Book 216, Page 539 from Maggie L. Clark to Darlene Blackwell dated 2/2/2001 and recorded 3/7/2001, in the Register’s Office of Polk County, Tennessee.
THIS CONVEYANCE MADE SUBJECT TO THE FOLLOWING:
Any governmental zoning and subdivision ordinances in effect thereon.
Any roadways or rights of way extending into, through, over or under said property.
Commonly known as 130 Louise Lane, Benton, TN 37307 but such are not included in the legal description of the property to be sold.
OTHER INTERESTED PARTIES: Occupants, Darlene Blackwell, Polk County Property Tax Office.
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 1st day of November, 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: November 9, 16 and 23, 2011.
NOTICE OF FORECLOSURE SALE
STATE OF TENNESSEE, POLK COUNTY
WHEREAS, TIMOTHY LUKE CRIBBS AND WIFE, LORI M. CRIBBS aka LORI MARIE CRIBBS executed a Deed of Trust to BRANCH BANKING AND TRUST COMPANY, Lender and BB&T Collateral Service Corporation, Trustee(s), which was dated December 28, 2001 and recorded on January 8, 2002 in Book TD268 at Page 602 and rerecorded/modified/corrected on August 9, 2004 in Book TD308, Page 636, Polk County, Tennessee Register of Deeds.
WHEREAS, default having been made in the payment of the debt(s) and obligation(s) secured by the Deed of Trust the current holder of said Deed of Trust, Branch Banking and Trust Company, (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Polk County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust;
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on December 14, 2011, at 11:00AM at the usual and customary location at the Polk County Courthouse, Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Polk County, Tennessee, to wit:
Parcel ID Number: 125-019.01
Address/Description: 130 Godfrey Road, Copperhill, TN 37317.
Legal Description in: Book WD229 Page 79 in The Register’s Office of Polk County, Tennessee.
Current Owner(s): Lori Marie Elrod f|k|a Lori Marie Elrod Cribbs.
Other Interested Party(ies): 1st Franklin Financial Corp..
The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property 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; a deed of trust; and any matter than an accurate survey of the premises might disclose; and
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 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.
This office is attempting to collect a debt. Any information obtained will be used for that purpose.
Brock & Scott, PLLC, Substitute Trustee
M.Todd Jackson, TN BPR 23455
Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
5431 Oleander Drive, Suite 200
Wilmington, NC 28403
PH: 888-251-0331 FX: (910) 392-8597
File No.: 09-07457
In The Circuit Court for Polk County,
Benton, Tennessee
No- Resident Notice
Plaintiff: Dennis Wray
Defendant: Keisha Chaeathum
State of Tennessee
County of Polk
In this cause, it appearing from the complaint, which is sworn to, that the defendant, Keisha Cheathum, is a non-resident of the State of Tennessee; and it further appearing that his/her whereabouts cannot be ascertained after diligent inquiry, so that ordinary process cannot be served upon him/her.
It is therefore, Ordered that said defendant file an answer with Attorney Joseph Hoffer, 275 North Ocoee Street, Suite B, Cleveland, Tennessee 37311 within thirty (30) days of the last date of publication, exclusive of the day of publication, or judgment by default may be entered and the cause set for hearing ex parte. This notice will be published in the Polk County News for (4) consecutive weeks.
This 26th day of October, 2011.
Connie H. Clark
Clerk of Courts
In The Chancery Court Of Polk County, Tennessee
In the Matter of the Estate of
Stanley Earl Hall (deceased)
Notice To Creditors
Notice is hereby given that on the 31st day of October, 2011, Letters Testamentary/Administration in respect to the Estate of Stanley Earl Hall, deceased, were issued to the undersigned by the Chancery Court (Probate Division) of Polk County, Tennessee.
All persons, resident and non-resident, having claims, matured or unmatured against the Estate are required to file the same with the Clerk of the above named Court within the earlier of 4 months from the date of the first publication of this notice or 12 months from the decedents death, otherwise their claims are forever barred.
This day of October 31st, 2011.
Signed: David Hall, Executor/Administrator
Estate of Bennie F. Hughes, Deceased
To the clerk of the Probate Court:
Please publish the above in the Polk County News
Kim Ingram, Clerk & Master
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