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Public Notices - 12/21/11
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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 13, 2008, and the Deed of Trust of even date securing the same, recorded November 20, 2008, at Book TD388, Page 55 in Office of the Register of Deeds for Polk County, Tennessee, executed by Sandy Gregory and Mark Gregory, conveying certain property therein described to Larry A. Weissman, a resident of Shelby County as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Suntrust Mortgage, Inc. and Suntrust Mortgage, Inc.’s successors and assigns; and the undersigned, 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 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 16, 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:
A certain tract or parcel of land being located in Section 14, Fractional Township 3 South Range 5 East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, more particularly described as follows: Beginning at an iron pin found on the Southwest corner of the property herein conveyed and running North 26 degrees 34 minutes 00 seconds East a distance of31.60 feet to an iron pin found; thence, along a red painted line North 25 degrees 45 minutes 00 seconds East a distance of 162.10 feet to an iron pin found; thence, North 25 degrees 40 minutes 18 seconds East a distance of260.27 feet to an iron pin found; thence, along a red painted line North 25 degrees 41 minutes 00 seconds East a distance of 588.44 feet to a metal stake found 6 feet above ground at the Northwest corner of the property herein conveyed. Thence, South 65 degrees 36 minutes 17 seconds East a distance of 20.97 feet to the Western right-of-way of Stansbury Road; thence crossing Stansbury Road South 65 degrees 45 minutes 00 seconds East a distance of 55.31 feet to a metal stake found 4’ above ground at the Eastern right-Of-way of Stansbury Road; thence, South 65 degrees 25 minutes 00 seconds East a distance of 1103.41 feet to a metal stake found 6 feet above ground at the Northeast corner of the property herein conveyed. Thence, South 23 degrees 06 minutes 00 seconds West a distance of85.28 feet to a point; thence, along a fence line claimed by Boring as property line the following 3 calls and distance: South 21 degrees 32 minutes 00 seconds West a distance of259.68 feet; thence, South 22 degrees 34 minutes 00 seconds West a distance of288.85 feet; thence, South 26 degrees 17 minutes 00 seconds West a distance of 415.79 feet to a fence corner. Thence, along another fence line, the following 7 calls and distances: North 79 degrees 31 minutes 00 seconds West a distance of 372.27 feet to a fence corner; thence, North 44 degrees 59 minutes 00 seconds West a distance of 109.91 feet to a fence corner; thence, North 49 degrees 18 minutes 00 seconds West a distance of 11.05 feet to a fence post; thence North 69 degrees 25 minutes 00 seconds West a distance of24.13 feet to an iron pin set; thence North 67 degrees 26 minutes 00 seconds West a distance of 267.39 feet to a point at a creek; North 66 degrees 55 minutes 00 seconds West a distance of 289.75 feet to a fencepost at the Eastern right-of-way of Stansbury Road; thence, crossing Stansbury Road North 62 degrees 25 minutes 00 seconds West a distance of 29.93 feet to the centerline of Stansbury Road; thence, North 62 degrees 25 minuets 00 seconds West a distance of 131.70 feet to the point of beginning as shown on a survey plat of the property of Thomas C. Boring and wife, Lily Boring for Herman Boring dated November 5, 1998 and prepared by Felix E. Palmer, Sr., which incorporated herein and made a part hereof by reference for a more complete description of the subject property. Located on the above described property is an access road which runs from Stansbury Road through the property herein conveyed to the property of Adams Deed Book 114, Page 15 as shown on survey plat.
Less and except those portions conveyed in deed book WD239, page 116; WD239, page 113; and WD239, page 272.
ALSO KNOWN AS:  1562 New Stansbury Road, Turtletown, Tennessee 37391
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:  Sandy Gregory; Mark Gregory; JM Morrow and Dorothy Morrow; Bobby Baliles and Wanda Baliles; Jerry Adams and Carl Adams, Jr.
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. 791‑218396
DATED December 13, 2011
INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
 Successor Trustee
December 21, 2011, December 28, 2011, January 4, 2012

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM


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 3rd day of January 2012. In the Polk County Courthouse, Benton, Tennessee at which time the above application will be considered.
Angie Stanford, County Clerk

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

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

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.

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          

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 October 27, 2008, executed by James Earl Ross, Joseph Lynn Ross, Margaret McDowell and Judy A. Ross, conveying certain real property therein described to Title One, as Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee recorded November 10, 2008, in Deed Book TD387, Page 382-392; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be 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, Rubin Lublin Suarez Serrano TN LLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on January 12, 2012 at 11:00 AM at the West Entrance of the Polk County Courthouse , located in Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Polk County, Tennessee, to wit: LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE. BEGINNING AT A POINT IN THE WESTERN RIGHT-OF-WAY LINE OF EASLEY FORD ROAD,SAID POINT BEING THE NORTHEAST CORNER OF THAT PROPERTY CONVEYED TO KIRKLAND IN DEED BOOK 201, PAGE 028, RECORDED IN THE REGISTER`S OFFICE OF POLK COUNTY, TENNESSEE; THENCE NORTH 66 DEGREES, 02 MINUTES WEST WITH AND ALONG KIRKLAND`S NORTHLINE 250 FEET TO A POINT, SAID POINT BEING KIRKLAND`S NORTHWEST CORNER; THENCE SOUTH 5 DEGREES, 33 MINUTES WEST WITH AND ALONG KIRKLAND`S WEST LOT LINE 126 FEET TO A POINT; THENCE NORTH67 DEGREES, 02 MINUTES, WEST 262 FEET TO A POINT;THENCE NORTH 23 DEGREES, 20 MINUTES EAST 280.6 FEET TO A POINT; THENCE SOUTH 66 DEGREES,02 MINUTES, EAST 400.9 FEET TO A POINT IN THE WEST RIGHT-OF- WAY LINE OF EASLEY FORD ROAD; THENCE SOUTHWARDLY WITH AND ALONG THE WEST RIGHT-OF- WAY LINE OF EASLEY FORD ROAD 177.7 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO SURVEY BY BARRY SAVAGE DATED SEPTEMBER 10, 1999. TAX ID#: 107-10.14 BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO JAMES ROSS, MARRIED, JOSEPH ROSS, UNMARRIED AND MARGARET MCDOWELL, UNMARRIED BY JAMES ROSS AND JOSEPH ROSS IN A QUITCLAIM DEED EXECUTED 5/28/2008 AND RECORDED 6/19/2008 IN BOOK 257, PAGE270 OF THE POLK COUNTY, TENNESSEE LAND RECORDS. PARCEL ID: 107-10.14 PROPERTY ADDRESS: The street address of the property is believed to be 823 Boanerges Church Road, Old Fort, TN 37362. 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): Margaret McDowell, James Earl Ross, Joseph Lynn Ross OTHER INTERESTED PARTIES: Judy A. Ross 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. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846
 Ad #18056: 2011-12-21  2011-12-28, 2012-01-04 


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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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