Public Notices - 11/23/11
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In the Tenth Judicial District of Tennessee
In the Chancery Court of Polk County
ENERGY WAY CORPORATION
Plaintiff
v.
LARRY L. AND LYNDA D. ALLEN
Defendants
ORDER FOR SERVICE BY PUBLICATION
TO: Larry and Lynda Allen
It appearing that service cannot be had on you in Polk County, Tennessee or that you are now a non-resident of Tennessee, it is ordered that unless you appear and defend said action within thirty days after December 7, 2011, by filing an answer with petitioners, attorney Peter E. Johnson, PC, 3806 Amnicola Highway, Chattanooga, TN 37406, or a judgment by default may be entered and cause set for hearing ex parte as to them.
This the 14th day of November, 2011.
/s/ Kim Ingram, Clerk & Master
In The Circuit Court for Polk County,
Benton, Tennessee
Non 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
Probate Division
Estate of James Louis Ward (deceased)
NOTICE TO CREDITORS
Notice is hereby given that on the 14th day of November, 2011, Letters of Administration in respect to the Estate of James Louis Ward, 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 November 14, 2011.
Signed: Robert F. Ward, Administrator
Kimberly Ingram, Clerk & Master
In The Chancery Court Of Polk County, Tennessee
Probate Division
Estate of Ruby Belle Martin
NOTICE TO CREDITORS
Notice is hereby given that on the 10th day of November, 2011, Letters of Administration in respect to the Estate of Ruby Belle Martin, who died February 11, 2011, were issued to the undersigned by the Chancery 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 3rd day of November, 2011.
Signed: Carolyn Sue Bray, Administrator
Attorney for the Estate: G. William Little, III
Kimberly Ingram, Clerk & Master
IN THE CHANCERY COURT OF POLK COUNTY, TENNESSEE AT BENTON
In RE:
The adoption of a female child whose name for the purpose of this proceeding is
BRIANNA NICOLE SEAMON
By:
TYLER TIM BOEHNING and
DALENE ELAINE BOEHNING
Petitioners,
ANGELA RENEE COOPER
The biological mother
Co-petitioner
Vs.
BRIAN SEAMON
The biological father
Respondent.
ORDER FOR PUBLICATION
It appearing from the Petition for Termination of Parental Rights and for Adoption in this cause, which is sworn to by the Petitioners and Co-Petitioners, that the biological father Brian Seamon, in a non-resident of the State of Tennessee and it further appearing that his whereabouts are unknown so that ordinary process cannot be served upon the defendant. It is therefore
ORDERED that said defendant will appear and make defense within thirty (30) days to the complaint or the same will be taken for confessed as to him and set for hearing ex parte, and that a copy of this order be published for four (4) consecutive weeks in a newspaper published in Benton, Polk County, Tennessee.
Within that time, Respondent Brian Seamon is also required to serve a copy of his pleading up David Calfee whose address is 23 N. Ocoee Street, PO Box 1001, Cleveland TN 37364-1001. 423-476-4515.
Enter this 12 day of August, 2011.
/s/ Jerri S. Bryant, Chancellor
Approved for entry:
/s/ David K. Calfee, BPR #025303
William J. Brown & Associates
Attorney for Tyler Tim Boehning and Dalene Elaine Boehning
23 North Ocoee Street
PO Box 1001
Cleveland, TN 37364-1001
423-476-4515
NOTICE OF TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated April 30, 2008, and the Deed of Trust of even date securing the same, recorded May 13, 2008, at Book TD379, Page 236 in Office of the Register of Deeds for Polk County, Tennessee, executed by Kelly L. Robinson and Angela M. Robinson, conveying certain property therein described to Affiliated Title of Mcminn County as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Freedom Mortgage Corporation and Freedom Mortgage Corporation’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 January 9, 2012 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:
Situated in the First Civil District of Polk County, Tennessee, an Being Lot Number 1 of the Minor Subdivision of the Ratliff Property, as depicted on Plat dated August 16, 2007 by Medders Surveying and Mapping, P.O. box 979, Athens, Tennessee 37371, and recorded herewith in Plat Book 12, Page 83, in the Register’s Office of Polk County, Tennessee.
There is also conveyed herewith a 50 foot wide access and utility easement as shown on Plat of record in Plat Book 12, Page 83, Register’s Office of Polk County, Tennessee.
There is also included herewith a 1987 REDM Mobile Home with VIN Number 1418621 that is permanently affixed to above described property an taxed as such real estate.
Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
Subject to all rights of way and easements that way exist.
Subject to Grant of Transmission Line Easement from Robert C. Ratliff and wife, Chloe C. Ratliff to United of America in DB 242, Page 444, said Register’s Office.
Subject to water rights easements, Right of Way and Maintenance as conveyed in Deed to Robert C. Ratliff an wife, Chloey C. Ratliff in DB 208, Page 510, said Register’s Office.
ALSO KNOWN AS: 308 Wetmore Springs Road, Delano, Tennessee 37325
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Kelly L. Robinson; Angela M. Robinson
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 700‑213911
DATED November 8, 2011
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C. Successor Trustee
November 16, 2011
November 23, 2011
November 30, 2011
By: Shellie Wallace
FHA No. 481-2647072-703
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
SUCCESSOR TRUSTEE’S NOTICE OF SALE
Walter N. Winchester, Successor Trustee, at the direction of Community & Southern Bank, successor in interest to Appalachian Community Bank, under a Deed of Trust executed by Amanda Deal and husband, Phillip Deal, dated March 9, 2006, of record at Book TD333, page 228, in the Register’s Office for Polk County, Tennessee, an Amendment to Deed of Trust dated February 21, 2007, of record at Book TD354, page 466, in the Register’s Office for Polk County, Tennessee, and a Modification of Deed of Trust dated December 19, 2007, of record at Book TD369, page 130, in the Register’s Office for Polk County, Tennessee, at 10:00 a.m. on December 16, 2011, at the front door of the Courthouse in Benton, Polk County, Tennessee, will sell at public auction for cash, on such terms as announced at the sale, the following described property:
Tract 1
A certain tract of land situated in Section 30, Fractional Township 4, South Range 5, East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee and being more particularly described as follows:
BEGINNING on a Red Oak corner on the Tumblin Creek Road and running a West direction to a Black Pine on the Will Dalton and Cicero Mealer property line; thence along the line of W.C. Dalton and Cicero Mealer a North direction to an iron peg; thence an East direction to Avery Payne Property line; thence a South direction along Avery Payne property line to the beginning corner, containing One acre, more or less.
Being a portion of the property conveyed to Cicero Mealer by deed of Selina Dalton dated 13th day of October, 1947, and of record in the Office of the Register of Deeds in Polk County, Tennessee, in Deed Book 40, page 49, to which said Deed reference is here made. And being the same property in Warranty Deed dated August 23, 1954, from Cicero Mealer and wife, Florence Mealer to W.J. Waldon and wife, Lula Waldon, which is recorded in Book 44, pages 378-79, in the Register of Deeds Office, Polk County, Tennessee.
Tract 2
Also the following described premises, to-wit; Situated in District No. Three of Polk County, Tennessee, same being in Section Thirty, Fractional Township Four, South Range 5, East of the Ocoee District and more particularly described as follows: BEGINNING at a large Oak Stump on the public road leading from Copperhill to Tumblin Creek at the corner of the property of W.J. Waldon, and running in a North direction a distance of approximately 36 steps to an iron pin at the corner of the property of Cicero Mealer; thence in an East direction along the Avery Payne property line to an iron pin on a trail; thence in a South direction to the road leading from Copperhill to Tumblin Creek; thence in a West direction along said road to the beginning point. Containing One-Half an acre, more or less. Same being a portion of the property conveyed to Avery Payne and wife, Loney Payne, by deed dated 21st day of March 1953, and of record in the Register of Deeds Office, Polk County, Tennessee in Deed Book 45, page 73-74, to which said deed reference is here made. Being the same property conveyed to Harvey Lee Gregory by Warranty Deed of W.J. Waldon and wife, Lula Waldon dated June 1, 1963, recorded in the Register of Deeds Office, Polk County, Tennessee, in Deed Book 52, pages 473-74, to which said deed reference is here made.
Subject to existing easements and right of ways for public roads, if any. Also subject to Polk County, Tennessee Subdivision regulations, Mobile Home regulations and any zoning or other ordinances, if any. Also subject to City of Copperhill zoning regulations.
This conveyance made together with right of ingress, egress and utility service along existing roads to the subject property.
Both Tracts
BEING THE SAME PROPERTY CONVEYED TO ROGER D. HYATT and wife, CAROL D. HYATT by Warranty Deed from HARVEY LEE GREGORY and wife, JUDITH MARIE GREGORY dated June 7, 1966 in Deed Book 56, page 108 in the Register of Deeds Office, Polk County, Tennessee.
BEING THE SAME PROEPRTY CONVEYED TO AMANDA DEAL and husband, PHILLIP DEAL by Warranty Deed from ROGER D. HYATT and wife, CAROL D. HYATT dated March 9, 2006 in Deed Book 243, page 150 in the Register of Deeds Office, Polk County, Tennessee.
Said real estate has the street addresses of 805 Grassy Creek Road, Copperhill, Polk County, Tennessee 37317 (Tax Parcel I.D. No. 125-48.00). In the event of a discrepancy between any street address and the property description, then the property description shall control.
This property will be sold as is where is with no warranties or representations of any kind, free from all redemption and exemption rights and free from all rights by virtue of marriage. This sale is subject to such prior encumbrances, easements, leases, objections, restrictions, conveyances, all property taxes and any tax liens that may appear of record.
OTHER INTERESTED PARTIES: None
Witness my hand this the 18th day of November, 2011.
/s/ Walter N. Winchester
Walter N. Winchester, Successor Trustee
Winchester, Sellers, Foster & Steele
Suite 1000, First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: (865) 637‑1980 Publish Dates: November 23, 2011 November 30, 2011 December 7, 2011
TRUSTEE’S NOTICE OF FORECLOSURE SALE
WHEREAS, by Trust Deed dated the 21st day of December, 2009, Donna C. Garrett did convey in trust certain land described to secure the original principal amount of Thirty-Two Thousand and 00/100 Dollars ($32,000.00) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of Trust was duly recorded on December 31, 2009 in Trust Deed Book 404, pages 455-459 in the Register of Deeds Office, Polk County, Tennessee, said Deed of Trust and Promissory Note made payable to Frank R. Shinpaugh and Vernon Smith.
WHEREAS, said Deed of Trust provided that in the event of the default in payment of any installment of said Note, the entire indebtedness shall at the option of the owner and holder of said note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclose on said Deed of Trust;
NOW, THEREFORE, by virtue of the authority vested in me as Trustee under the terms of said instrument, I, the undersigned will on the 16th day of December, 2011 at 10:00 a.m. EST in front of the West Door of the Ducktown Law Court, Ducktown, Tennessee, offer for sale and sell to the highest and best bidder for cash in hand and in bar of the equities of redemption, dower and homestead, the following described real estate known as 823 Belltown Road, Copperhill, Third Civil District, Polk County, Tennessee, to wit:
A certain tract or parcel of land which is situated in the Third Civil District of Polk County, Tennessee and being more particularly described as being Lot 8 of Millrock Creek Subdivision containing 1.05 acres, more or less, as shown by that certain plat for Millrock Creek dated July 21, 2003 by Jimmy L. Richmond, Tennessee Registered Land Surveyor No. 917, Richmond Surveying Company, 3005 Michigan Avenue Road, NE, Cleveland, TN 37323. Said plat is recorded in Plat Book 9, Page 123 in the Register of Deeds Office, Polk County, Tennessee. Reference is hereby made to said recorded plat for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed. Said property is conveyed subject to all easements, restrictions, and right of ways as set forth on said recorded plat or as appearing of record.
This conveyance is made subject to Restrictive Covenants for Millrock Creek Subdivision recorded in Misc. Book 111, pages 80-82, in the Register of Deeds Office, Polk County, Tennessee.
This conveyance is also made subject to existing easements and right of ways for public roads and utilities as shown on the above referenced survey plat or of record. This conveyance is further subject to any and all governmental zoning ordinances and subdivision regulations. Also conveyed herewith is the non-exclusive right of ingress, egress and utility service along existing roads to the subject property as shown on the above referenced survey plat.
Being the same property conveyed to Donna C. Garrett by warranty deed from Frank R. Shinpaugh and Vernon H. Shinpaugh recorded on December 31, 2009 in Warranty Deed Book 265, pages 25-26 in the Register of Deeds Office, Polk County, Tennessee.
Said Deed of Trust recites title to said real estate as encumbered, except as aforesaid, but the sale will be made as Trustee only, without covenants of warranty or seisin, and subject to any unpaid State, County and City taxes and other assessments or other liens, easements or restrictions.
The Trustee, at the instructions of the beneficiary of the Deed of Trust, shall have the power to adjourn the foreclosure sale to a day, time and place certain, upon announcement at the time and place for the sale set forth above. The Trustee need not personally attend or conduct the sale and may, at her option, cause the sale to be conducted by an agent or attorney selected by her. It is further agreed that the Trustee or any mortgagee or beneficiary may bid in case of foreclosure sale.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This Notice shall appear in the Polk County News, a newspaper published in Polk County, Tennessee on November 23rd, November 30th, and December 7th,, 2011.
Witness my hand this 18th day of November 2011.
/s/Laura M. Crawford, Trustee
Laura M. Crawford,
Attorney at Law, PC
337 Main Street, P.O. Box 930
Ducktown, TN 37326
(423) 496-3603
SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
WHEREAS, by Trust Deed dated the 26th day of July, 2004, Butch M. Smith and Reba Joan Jarrell did convey in trust certain land described to secure the original principal amount of Thirty Thousand, Five Hundred and 00/100 Dollars ($30,500.00) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of Trust was duly recorded on August 16, 2004 in Trust Deed Book 309, pages 143-147 in the Register of Deeds Office, Polk County, Tennessee, said Deed of Trust and Promissory Note made payable to Elite Development, LLC. Elite Development, LLC assigned its interest in the said Note and Deed of Trust to Betty Estes by Assignment of Note and Security Deed recorded in Misc. Book 139, page 421 in said Register’s office. Betty Estes assigned her interest in the said Note and Deed of Trust to Community Bank of Pickens County by Assignment of Note and Security Deed recorded in Misc. Book 139, page 422 in said Register’s office. Community Bank of Pickens County assigned its interest in the said Note and Deed of Trust to Debra Meffert by Assignment of Note and Security Deed recorded in Misc. Book 139, page 423 in said Register’s office. Debra Meffert assigned her interest in the said Note and Deed of Trust to Community Bank of Pickens County by Assignment of Note and Security Deed recorded in Misc. Book 139, page 424 in said Register’s office. Community Bank of Pickens County assigned its interest in the said Note and Deed of Trust to Debra Meffert by Assignment of Note and Security Deed recorded in Misc. Book 141, page 303 in said Register’s office.
WHEREAS, the owner and holder of said note in accordance with the powers vested in her did appoint Laura M. Crawford as Substitute Trustee by Instrument recorded on November 7, 2011 in Misc. Book 142, pages 151-152 in the Register of Deeds Office, Polk County, Tennessee.
WHEREAS, said Deed of Trust provided that in the event of the default in payment of any installment of said Note, the entire indebtedness shall at the option of the owner and holder of said note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclose on said Deed of Trust;
NOW, THEREFORE, by virtue of the authority vested in me as Trustee under the terms of said instrument, I, the undersigned will on the 16th day of November, 2011 at 10:15 a.m. EST in front of the West Door of the Ducktown Law Court, Ducktown, Tennessee, offer for sale and sell to the highest and best bidder for cash in hand and in bar of the equities of redemption, dower and homestead, the following described real estate known as 417 Cherokee Trail, Copperhill, Third Civil District, Polk County, Tennessee, to wit:
A certain parcel of land situated in the Third Civil District of Polk County, Tennessee, being in the Southeast Quarter of Section 7, Fractional Township 4, South, Range 5 East of the Ocoee Basis Line, said land being a lot of the Cherokee Hills Utility District and being more specifically described as follows:
BEGINNING at an iron pin at the Southwest corner of the property herein conveyed, which point of beginning is South 2 degrees 10’ West a distance of 2814.35 feet from the Northwest corner of the Southeast Quarter of Section 7, said Northwest corner of the Southwest Quarter of Section 7 being marked by Monument No. 104; thence from the point of BEGINNING as follows: North 19 degrees 53’ East a distance of 247.36 feet; thence North 89 degrees 18’ East a distance of 300.00 feet; thence South 19 degrees 53’ West a distance of 90.98 feet; thence South 66 degrees 02’ West a distance of 174.52 feet; thence South 68 degrees 32’ West a distance of 208.35 feet to the point of BEGINNING. Bounded on the West by Day property, on the North by Tract “A” of the Harbison property, on the East by Tract “B” of the Harbison property, and on the South by Polk County Road (Old U.S. Highway 64), containing 1.1 acres, more or less, as shown by plat and survey by R.M. Lohr and M.L. Hampton, Registered Land Surveyor, survey dated July 1983, said plat being recorded on August 1, 1983, in Book 3, Page 25, in the Register of Deeds Office, Polk County, Tennessee, being Tract “C” of said survey plat.
Subject to reservation of mineral rights as set out by instrument recorded in Book 80, page 394, ROPCT.
Being the same property conveyed to Butch M. Smith and Reba Joan Jarrell by warranty deed from Elite Development, LLC recorded in Warranty Deed Book 233, pages 279-280 in the Register of Deeds Office, Polk County, Tennessee.
Said Deed of Trust recites title to said real estate as encumbered, except as aforesaid, but the sale will be made as Trustee only, without covenants of warranty or seisin, and subject to any unpaid State, County and City taxes and other The Trustee, at the instructions of the beneficiary of the Deed of Trust, shall have the power to adjourn the foreclosure sale to a day, time and place certain, upon announcement at the time and place for the sale set forth above. The Trustee need not personally attend or conduct the sale and may, at her option, cause the sale to be conducted by an agent or attorney selected by her. It is further agreed that the Trustee or any mortgagee or beneficiary may bid in case of foreclosure sale.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This Notice shall appear in the Polk County News, a newspaper published in Polk County, Tennessee on November 23rd, November 30th,, and December 7th, 2011.
Witness my hand this 18th day of November, 2011.
/s/ Laura M. Crawford, Substitute Trustee
Laura M. Crawford,
Attorney at Law, PC
337 Main Street, P.O. Box 930
Ducktown, TN 37326
(423) 496-3603
In The Chancery Court Of Polk County, Tennessee
Probate Division
In the Matter of the Estate of
Barbara Ann Petterson (deceased)
NOTICE TO CREDITORS
Notice is hereby given that on the 17th day of November, 2011, Letters of Administration in respect to the Estate of Barbara Ann Patterson, 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 November 17, 2011.
Signed: Alvin Patterson, Administrator
Kimberly Ingram, Clerk & Master
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.
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 April 22, 2008, and the Deed of Trust of even date securing the same, recorded April 25, 2008, at Book TD378, Page 166 in Office of the Register of Deeds for Polk County, Tennessee, executed by Eugene Trew, conveying certain property therein described to EquiTitle, Inc. as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Freedom Mortgage Corporation and Freedom Mortgage Corporation’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 January 9, 2012 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:
The following described real estate situated in the First Civil District of Polk County, Tennessee, to-wit: Lot Seven in Hope Village, a Plat of which is recorded in Register’s Office of Polk County, Tennessee in Plat Book 2, Page 121. Subject to restrictive covenants as set out in instrument recorded in Miscellaneous Book 34, Page 76, in said Register’s Office. Subject to fifteen foot utility easement on front lot line as noted on Plat. Subject to five foot drainage easement on interior lot lines as noted on Plat. Subject to thirty-five foot front setback line from street as shown by slash line on Plat. Subject to any governmental zoning and Subdivision ordinances or regulations in effect thereon.
ALSO KNOWN AS: 160 Franklin Drive, Benton, Tennessee 37307
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Eugene Trew
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 700‑195579
DATED November 9, 2011
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
November 16, 2011
November 23, 2011
November 30, 2011
By: Shellie Wallace
FHA No. 481-2725128-703
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
BID NOTICE
Copper Basin Utility District will be accepting bids for the construction of a new trussed roof at the water plant location. Bids will be accepted at the main office located at 2597 Hwy. 68 Turtletown, between the hours of 8am-4pm. Deadline for bids will be 4pm December 9, 2001. Must be Tennessee Licensed Contractor with Evidence of Insurance in order to bid.
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