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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


In The Circuit Court For Polk County, Tennesee

Plaintiff- Scotty E. Jones
vs.
Wendy M. Jones

Order of Publication

Pursuant to T.C.A. 21-1-204, appearing from allegation of the Complaint in this cause, being duly sworn to or from affidavit that Wendy M. Jones the Defendant cannot be served with the ordinary process of law for the following: Non-resident of Tennessee, After diligent inquiry the whereabouts of the defendant cannot be found.
It is Therefore Ordered, that said Defendant enter an appearance 30 days after the last publication and file and answer to the complaint, or judgment by default may be taken against you for the relief demanded in the complaint. A copy of this order is to be published for four consecutive weeks in the Polk County News. The last known address for the defendant is 109 Hamby White Lane, Benton, TN.
This fifth day of December 2011
Connie Clark, Clerk of Courts


WHEREAS, by Deed of Trust dated June 3, 2008, by and between Virginia A. Harden and Taylor M. Gentry and being joined by the spouse of Virginia A. Harden, Mark Harden, conveyed the following described premises to Arnold M. Weiss, Trustee, for Mortgage Electronic Registration Systems, Inc., (MERS)(solely as nominee for Liberty Mortgage Corporation d/b/a Liberty Mortgage Corporation (Georgia)), to secure the indebtedness due therein, and said Deed of Trust being of record in Book TD380, page 292, in the Register’s Office of Polk County, Tennessee and
WHEREAS, Branch Banking and Trust Company, the owner and holder of the indebtedness due therein, by assignment, has appointed Allen J. Ware, Jr., as Substitute Trustee, which Appointment of Substitute Trustee is dated October 22, 2009, and is of record in Record Book MS134, page 236, in the Register’s Office of Polk County, Tennessee.
WHEREAS, The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.
THEREFORE, NOTICE is hereby given that default having been made in the payment of the indebtedness secured by said Deed of Trust and said default having existed for more than thirty (30) days, the undersigned Substitute Trustee, by virtue of the authority vested in him and having been requested so to do by the owner and holder of said indebtedness, will sell at the West door of the Polk County Courthouse in Benton, Tennessee, for cash to the highest bidder, in bar of all right and equity of redemption, at or about 11:00 A.M., ET, on: FRIDAY, JANUARY 6, 2012 and said property is LOCATED in the First Civil District of Polk County, Tennessee, to-wit: Lot Four (4) in Cherokee Pointe Subdivision, a Plat of which is recorded in the Register’s Office for said County in Plat Book 8, Page 110.
THIS CONVEYANCE is subject to restrictions recorded in Misc. Book 88, page 247, in Register’s Office for Polk County, Tennessee.  Also subject to Health Department requirements, to drainage and utility easements, and to building setback lines as are shown on the recorded plat.
THERE IS ALSO a 1998 24’ by 60’ Buccaneer Manufactured Home, Model Number 5344D bearing serial number of 27131AB53447 that is permanently attached and a part of this conveyance.
BEING the same property conveyed to Virginia A. Harden and husband, Mark Harden and Taylor m. Gentry, unmarried, as tenants in common with rights of survivorship, by Warranty Deed of record in Book WD257, page 163, in Register’s Office for Polk County, Tennessee.
 (a/k/a 681 Davis Lane, Old Fort, TN 37362)
Subordinate Lienholders or interested parties: None
SAID sale will be in bar of all right homestead, equity or redemption, statutory right of redemption and all other rights and exemptions of every kind, which are waived and surrendered in said Deed of Trust, but subject to any unpaid taxes against the property and all applicable easements, restrictions, and all prior encumbrances.  The right is reserved to adjourn the day of the sale to another day certain, without further publication and in accordance with the law, upon announcement of such adjournment on the day and at the time and place of sale set for the above.  The proceeds derived from the sale of said property will be applied to the full amount due on the debt and note secured in said Deed of Trust, together with all costs and expenses incident to the sale and foreclosure.  The balance, if any, will be paid to the parties legally entitled thereto.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
ALLEN J. WARE, JR., SUBSTITUTE TRUSTEE
603 W. Main Avenue, Suite 1004
Knoxville, TN 37902
 (865) 523-0519
Publication dates: 11/30; 12/7; 12/14/11



WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated May 8, 2006, executed by JOYCE BIBLE, MARRIED, conveying certain real property therein described to PRLAP INC as same appears of record in the Register’s Office of Polk  County, on May 16, 2006 , as Instrument No. 06001633, in Book TD336, at Page 1; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A.,  who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register’s Office of Polk County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on December 21, 2011 , 1:00 PM at the Polk County courthouse door where the foreclosure sales are customarily held At the Polk County Courthouse, Benton, TN, 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: SITUATE IN THE FIRST CIVIL DISTRICT, POLK COUNTY, TENNESSEE: BEING LOT 9, OCOEE RIVER’S EDGE SUBDIVISION, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 10, PAGE 47, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE. TOGETHER WITH A COMMON OWNERSHIP OF LOT 32, FOR THE JOINT USE AND BENEFIT OF ALL LOT OWNERS OF OCOEE RIVER’S EDGE SUBDIVISION. PARCEL NUMBER: 044M 4 009 PROPERTY ADDRESS: The street address of the property is believed to be LOT 9 OCOEE RIVERS EDGE, Benton, TN  37307. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): JOYCE BIBLE OTHER INTERESTED PARTIES: N/A The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 11-0087654 FEI # 1006.147877 11/30, 12/07, 12/14/2011

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. Wincheste
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


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