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2011
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Notice Of Foreclosure
(Trust Book 419, Pages 213-216)

Whereas, by Deed of Trust dated March 1, 2011, of record in the Register’s Office of Polk County, Tennessee, in trust Book 768, Pages 448-451, Misty Raulston and Michael Bovard did convey unto David Siklosi, Trustee, the following described real estate to secure the payment of a note in the principal amount of Forty Three Thousand Five Hundred And 00/100 Dollars ($43,500.00) dated March 1, 2011, payable to Steven Lynn Perian, and providing for monthly payments in the amount of $461.61, first payment due on April 1, 2011, and on the same day of each succeeding month thereafter until said indebtedness shall have been paid in full. Said note further providing that if any one of the installments shall remain due and payable, including principal, accrued unpaid interest and other accrued unpaid charges; and
Whereas, default has been made in the payment of certain installments now due, and the owner and holder of said note has declared the entire amount now due and payable, and has instructed the undersigned Trustee to foreclose under said Mortgage Deed of Trust;
Whereas, the Deed of Trust expressly provides for notice of the time and place of sale by three (3) weekly publications in some newspaper published in the County in which the property is located.
Now Therefore, by virtue of the authority in me vested as Trustee under said instrument, I will, on Friday, January 6, 2012, at the hour of 11:00 A.M., offer for sale at the West side of the Courthouse in Benton, Polk county, Tennessee, to the highest and best bidder for cash in hand, in bar of the equity and right of redemption, the following parcel of land, to-wit:
Lying And Being situated in the first Civil District of Polk County, Tennessee, and in the Community of Delano, the same being the “Crumley” Lot according to the plat and survey of Delano, Tennessee, by Neal Sanders, Surveyor, dated December 1969 and filed and recorded in Plat Book 2, at Page 80 in the Register of Deeds Office of Polk County, Tennessee, to which reference is here made. Said lot lies at the Southeast corner of the intersection of Tennessee Avenue and Mississippi Street.
Subject to any setback lines, drainage and/or utility easements and conditions and limitations depicted and/or noted on or attached to the recorded plat.
Being the same property conveyed to Misty Raulston and Michael Bovard by Warranty Deed from Steven Lynn Perian, same dated February 25, 2011 and recorded in Deed Book 269, Pages 404-405, Register’s Office, Polk County, Tennessee.
The Letter required by Tennessee Code Section 35-5-117 was mailed to (each of) the borrower(s) on October 5, 2011. A copy of this Notice is being served this date by first class mail upon the borrower(s) at his/her/their last known address and at the street address of the property.
The Trustee herin makes no representation or warranties as to the status of title or description of this property which will be made 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. Serious bidders are urged to consult with their own legal counsel. The Trustee further reserves the right to adjourn the sale to an alternate time by announcement given by the Trustee or his representative at the time and place of any previously scheduled sale under the authority of said Deed of Trust.
Known Interested Parties: Misty Raulston (now, Bovard)  And Michael Bovard.
This is an attempt to collect a debt and any information obtained will be used for that purpose.

This 9th of December, 2011

David Siklosi, Trustee

To Publish in the Polk County News:
Wednesday, December 14, 2011, Wednesday, December 21, 2011, Wednesday, December 28, 2011


 
 
SUBSTITUTE TRUSTEE’S SALE
  
Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed September 22, 2006 by Joe M. Burns and wife, Wanda E. Burns to CTC Real Estate Services, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD344, Page 275, and the undersigned having been appointed Substitute Trustee by instrument recorded in , in the said Register’s Office, and the owner of the debt secured, Bank Of America, N.A., Successor By Merger To BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Thursday, January 12, 2012 commencing at 11:00 AM, at the Main (West) Door of the Courthouse, Benton, Polk County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to‑wit:
Situated in County of Polk, State of Tennessee.
All that certain parcel of land situate in the First Civil District of the County of Polk, State of Tennessee being known and designated as follows:  Lots 61 and 62, Sugarloaf Subdivision Phase II, as shown by Plat of record in Plat Book 4, page 101, in the Register’s Office, Polk County, Tennessee.
Notice of the Right to Foreclose has been given in compliance with T.C.A. § 35-5-117.
Tax Parcel ID: 087C-A-011.00/012.00
Property Address: 166 Lexie Lane, Ocoee, TN.
All right and equity of redemption, homestead and dower 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.

ARNOLD M. WEISS, Substitute Trustee
Weiss Spicer Cash PLLC
208 Adams Avenue
Memphis, Tennessee   38l03
90l‑526‑8296
File # 1701-091675-FC

Published: December 14, December 21, December 28
          
Bank of America/Joe Burns          

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

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

NOTICE OF TRUSTEE’S SALE

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


NOTICE OF SUBSTITUTE TRUSTEE’S SALE

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

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

Public Notice

Under the provisions of Section 57-205. Tennessee Code Annotated, as amended, effective May 1, 1972:

Ricky Caruso, 7649 Hwy 411, Benton, TN 37307, on 12-8-11 filed an application to the Polk County Beer Board at the following location. 7649 Hwy 411, Benton, TN 37307 map #26 Parcel #19.02 to be known as: Log Cabin Bar & Grill. Application is for on and off premises sales.
Business formerly known as Log Cabin Bar & Grill with Ricky Caruso and Rachel Coffman as permitee.
The Polk County Beer Board Commission will meet at 6:30 pm on the 22 day of December 2011. In the Polk County Courthouse, Benton, Tennessee at which time the above application will be considered.
Angie Stanford, County Clerk

Notice To Creditors

Estate of Jeanette Edna Weaver a/k/a Jean Weaver, Deceased.
Notice is given that on December 6, 2011, Letters Testamentary regarding the Estate of Jeanette Edna Weaver a/k/a, Jean Weaver who died September 22, 2011 were issued to the undersigned by the Chancery Court, Probate Part, of Polk County, Tennessee. All persons, resident or 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) four months from the date of the first publication (or posting, as the case may be) of this notice or (12) months from the decedent’s date of death, otherwise their claims are forever barred.
This 6th day of December, 2011.
Diane Joslin, Personal Representative
Estate of Jeanette Edna Weaver a/k/a, Jean Weaver

The Law Offices of Jack W. Tapper
Attorney for the estate
265 Ralph Buckner Blvd., N.E.
Cleveland, TN 37311
(423) 472-9512

Kim Ingram, Clerk and Master
Polk County Justice Center
161 Industrial Access Circle, Room 110
P.O. Box 689
Benton, TN 37307

Notice of Public Hearing

Pursuant to the provisions of Tennessee Code Annotated (TCA), Section 13-7-203 (A), notice is hereby given that a public hearing will be held before the Ducktown Board of Commissioners on Thursday January 5, 2012 at the Ducktown City Hall beginning at 5:00 pm. The purpose of the hearing is to receive input in reference to proposed ordinances to amend the Ducktown Zoning Ordinance, more specifically, to change the allowed uses in the C-1 and C-2 zoning districts and to rezone parcel 115 020.03 along Highway 64 from I-1 to C-2. A copy of the proposed ordinance is on file at the Ducktown City hall and may be inspected during normal operation hours.
Any interested party is invited to appear before the Ducktown Board of Commissioners and be heard in approval of or disapproval of the proposed amendment to the Ducktown Zoning Ordinance.

PUBLIC NOTICE

It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of TCA, Section 40-12-104.
The Grand Jury will next meet at the Polk County Justice Center on Monday, the 9th day of January, 2012 at 1 p.m. and at the Ducktown Courthouse on the 9th day of January, 2012 at 9:00  A.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question.
The foreman for the Benton area is Chuck Sanford, and the foreman for the Ducktown area is Roger Thomasson.

CONNIE CLARK
CLERK OF COURTS

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Public Notices - 12/7/11


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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
phone: 423-338-2818 | fax: 423-338-4574 | email

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