NOTICE OF SUCCESSOR TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Note dated April 11, 2008, secured by a Deed of Trust of record in Book TD 377, Page 458, Register=s Office for Polk County, Tennessee, from Ocoee Land Holdings, LLC (“Borrower”) to Timothy R. Simonds, (“Trustee”), securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and
The undersigned, DOUGLAS R. JOHNSON, Successor Trustee, having been appointed Successor Trustee of record in Book MS142, page 406, said Register=s Office, to serve in the place and stead of Timothy R. Simonds, Trustee;
NOW, THEREFORE, I, DOUGLAS R. JOHNSON, Successor Trustee, pursuant to said Deed of Trust, having been requested by First Volunteer Bank of Tennessee, successor in interest to Benton Banking Company, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on February 13, 2012 at 12:00 p.m, at public auction in front of the West door of the Polk County Courthouse, Benton, Polk County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in Polk, County, Tennessee:
Located in the First Civil District of Polk County, Tennessee:
Lot forty-six (46), Ocoee Mountain Club, Phase I, as shown on plat of record in Plat Book 11, Page 125, in the Register=s Office of Polk County, Tennessee, to which reference is hereby made for a more complete description.
For prior title see deed in Deed Book 249, Page 451, in the Register=s Office of Polk County, Tennessee.
Property known as Lot 46, Phase I, Ocoee Mountain Club Subdivision, Benton, Tennessee 37307, Portion of Map Parcel No. 075-067.00.
This conveyance is made subject to the following:
Any governmental zoning and subdivision ordinances or regulations in effect thereon.
All applicable conditions, restrictions, reservations, easements, etc., as shown on recorded plat.
Restrictions as set out in Misc. Book 124, Page 284 and as amended in Misc. Book 125, Page 249, in the said Register=s Office.
Any Right of Way easements and restrictions that may exist.
Building Setbacks: Front-35’, Side-10’; Rear-15’
Five (5) foot utility and drainage easement along all interior lot lines.
Ten (10) foot utility and drainage easement along front lot lines.
Notes, Rights of Ways, Easements or Restrictions as recorded on plat in Plat Book 11, Page 125 in said Register=s Office.
This is improved property known as: 1491 Sloan Gap Road, Ocoee, Tennessee and 075 L-A-046, legal description above controls
This property is also subject to a Deed of Trust to Joey Richmond, individually and d/b/a Richmond Construction dated August 28, 2009 in Book TD 400, Page 377 ROPC in the original amount of $94,000; a Lien filed by Wilbur Smith Associates, Inc. dated May 28, 2009 and recorded May 29, 2009 in Book MS 132, Page 229 ROPC; a Notice of Laborer=s Lien filed by Allen Best dated July 22, 2009 and recorded July 22, 2009 at Book L12, Page 465 ROPC; and a Lien Lis Pendens filed by Charles Realmuto and wife, Despina Realmuto recorded September 12, 2011 at Book L14, Page 127 ROPC. Notice of the Successor Trustee=s foreclosure sale has been provided to these interested parties.
Additionally, a lien has been filed by the Tennessee Department of Revenue: Entity ID #001 71-1018329/000 dated April 7, 2011 and of record in Book L14, Page 19. Notice of the Trustee=s foreclosure sale has been given pursuant to T.C.A. Section 67-1-1433.
Notice of the Trustee=s sale has been provided to interested parties.
The owner of public record is Land Discoveries, LLC, 1629 Prime Ct. #7, Orlando, Florida 32809-7405, See Deed at Book 265, Page 424.
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 Deed of Trust.
Dated: January 16, 2012 By: Douglas R. Johnson, Successor Trustee
Post Office Box 2188
Chattanooga, Tennessee 37409 (423) 266-2300
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION GATHERED WILL BE USED FOR THAT PURPOSE.
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 July 26, 2006, and the Deed of Trust of even date securing the same, recorded August 2, 2006, at Book TD340, Page 139 in Office of the Register of Deeds for Polk County, Tennessee, executed by Ellar Darlene Brown, conveying certain property therein described to First Title Corporation as Trustee for Mortgage Electronic Registration Systems, Inc, a separate corporation that is acting solely as a nominee for BNC Mortgage, Inc, A Delaware Corporation and BNC Mortgage, Inc, A Delaware Corporation’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 February 27, 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:
Beginning in the south right-of-way line of Easley Ford Road at the Northeast corner of the property of Frederick Brown et ux, as described in Deed Book 136, page 112; thence in an Easterly direction with the South right-of-way line of Easley Ford Road, 175 feet to a point; thence in a Southerly direction, 155 feet to a point; thence in a Westerly direction, 175 feet to a point; thence in a Northerly direction, 155 feet, being partially along the East line of said Brown property to a point, the place of beginning.
ALSO KNOWN AS: 1478 Boanerges Church Road, Oldfort, Tennessee 37362
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: Ellar Darlene Brown
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. 1286‑156201
DATED January 16, 2012
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
February 1, 2012
February 8, 2012
February 15, 2012
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
NOTICE OF SUBSTITUTE TRUSTEES SALE
WHEREAS, James E. Dabbs, by Deed of Trust dated on or about on or about 2-2-2001 in Book 254, Page 439, 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 February 23, 2012 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 SECOND CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
BEGINNING at a point where the land herein conveyed corners with the lands of Marvin Postelle and Will Goforth, being the Southwest corner of the tract of land herein conveyed; thence running in a straight line with the line of Marvin Postelle in a northern direction to an iron stake at a point where the land herein conveyed corners with the land of Andrew Bates and Marvin Postelle; thence in an eastern direction with the Andrew Bates line to an established corner in the edge of the Old Greasy Creek Road right of way; thence with the Old Greasy Creek Road right of way in a Southeastern direction to an iron stake cornering the edge of a private road known as the Old Burch Boreing Road; thence in a southern direction with said road to a point just Northwest of the Will Goforth house, where the land herein conveyed corners with Will Goforth and Julius Rymer; thence in a Western direction with Will Goforth line to the beginning corner, containing 10 acres, more or less, and being bounded as follows: North by Greasy Creek Road and Andrew Bates; East by Rymer and Burch Boreing Road; South by Will Goforth; and West by Marvin Postelle.
LESS AND EXCEPT from the above is the property conveyed in Deed Book 56, Page 21, Deed Book 58, Page 47, Deed Book 108, Page 109; Deed Book 107, Page 323; and Deed Book 107, Page 320 in the Register’s Office of Polk County, Tennessee.
ALSO LESS AND EXCEPT from the above is the property conveyed in Deed Book 56, Page 21 and Deed Book 58, Page 47 in the Register’s Office of Polk County, Tennessee.
For prior title see Deed recorded in Deed Book 216, Page 308, 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 covenants, conditions, restrictions, reservations or easements of record.
Any roadways or rights of way extending into, through, over or under said property.
Any state of facts an accurate survey would disclose.
Commonly known as: 114 Cates Drive, Reliance, TN 37369, but is not included in the legal description herein.
OTHER INTERESTED PARTIES: Occupants, Polk County Property Tax Office, James Dabbs, Bradley Memorial Hospital c/o George McCoin, Atty., Child Support Services of TN IV-D Case#263279, Child Support Services of TN c/o Richard Elliston, Esq.
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 27th day of January, 2012.
___/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: February 1,8 an d 15, 2012.
NOTICE OF SUCCESSOR TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated May 6, 2008, recorded May 13, 2008 of record in Book TD 379, Page 268, Register=s Office for Polk County, Tennessee (“ROPC”), from Ocoee Land Holdings, LLC (“Borrower”) to David S. Humberd, (“Trustee”), and as modified at Book TD 389, Page 271 ROPC, and Book TD 390, Page 455 ROPC, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and
The undersigned, DOUGLAS R. JOHNSON, Successor Trustee, having been appointed Successor Trustee of record in Book MS 142, page 408, said Register=s Office, to serve in the place and stead of David S. Humberd, Trustee;
NOW, THEREFORE, I, DOUGLAS R. JOHNSON, Successor Trustee, pursuant to said Deed of Trust, having been requested by First Volunteer Bank of Tennessee, successor in interest to Benton Banking Company, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on February 13, 2012 at 12:10 p.m, at public auction in front of the West door of the Polk County Courthouse, Benton, Polk County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in Polk, County, Tennessee:
Located in the First Civil District of Polk County, Tennessee:
Lots Eleven (11) and Twelve (12), Elrod Property Subdivision, ash shown by plat of record in Plat Book 7, Page 221, in the Register=s Office of Polk County, Tennessee.
Being the same property conveyed to Ocoee Land Holdings, LLC by Warranty Deed recorded in Book WD 256, Page 467, in the Register=s Office of Polk County, Tennessee.
Subject to non-exclusive perpetual right of way easement as recorded in Book 241, Page 478, in the Register’s Office of Polk County, Tennessee.
Subject to drainage and utility easements and setback regulations as shown on said plat.
Subject to those restrictions as set out in Deed recorded in deed Book 191, Page 213, in the said Register’s Office.
Subject to any governmental zoning and subdivision ordinances or regulations in effect thereon.
M/P 73-46.00 & 76-51.00
This is improved property known as: 1697 Highway 64, Benton, TN 37307-5824, Legal Description controls.
This property is also subject to a Deed of Trust to Joey Richmond, individually and d/b/a Richmond Construction dated August 28, 2009 in Book TD 400, Page 377 ROPC in the original amount of $94,000; a Lien filed by Wilbur Smith Associates, Inc. dated May 28, 2009 and recorded May 29, 2009 in Book MS 132, Page 229 ROPC; a Notice of Laborer=s Lien filed by Allen Best dated July 22, 2009 and recorded July 22, 2009 at Book L12, Page 465 ROPC; and a Lien Lis Pendens filed by Charles Realmuto and wife, Despina Realmuto recorded September 12, 2011 at Book L14, Page 127 ROPC. Notice of the Successor Trustee=s foreclosure sale has been provided to these interested parties.
Additionally, a lien has been filed by the Tennessee Department of Revenue: Entity ID #001 71-1018329/000 dated April 7, 2011 and of record in Book L14, Page 19. Notice of the Trustee=s foreclosure sale has been given pursuant to T.C.A. Section 67-1-1433.
Notice of the Trustee’s sale has been provided to interested parties.
The owner of public record is Land Discoveries, LLC, 1629 Prime Ct. #7, Orlando, Florida 32809-7405, See Deed at Book 265, Page 424.
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 Deed of Trust.
Dated: January 16, 2012 By: Douglas R. Johnson, Successor Trustee
Post Office Box 2188
Chattanooga, Tennessee 37409 (423) 266-2300
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION GATHERED WILL BE USED FOR THAT PURPOSE.
NOTICE TO CREDITORS
Estate Of : Marcia Ann Chastiain (deceased)
Notice is hereby given that on the 29th day of December, 2011 Letters Testamentary in respect of the Estate of Marcia Ann Chastain deceased, who died August 19, 2011 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 chancery Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 29th day of December, 2011
Signed: (Co-Executors) Abraham M. Chastain and G. Kent Chastain
Kim Ingram (Clerk)
Child Find Notice
If you have or know of any child suspected of having a disability between the ages of 3-22 that resides in Polk county and needs special services from the school system, please contact Jean Bramlett, Special Education Supervisor for Polk county Schools at 299-0471 Ext. 7011.
Substitute Trustee’s Notice Of Foreclosure Sale
Whereas, by Trust Deed dated the 23rd day of December, 2005, Brian Sydne Satterfield and Melanie K. Satterfield did convey in trust certain land described to secure the original principal amount of One Hundred Sixty-Five Thousand and 00/100 Dollars ($165,000,000) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of trust was duly recorded on January 4, 2006 in Trust Deed Book 330, pages 358-367 in the Register of Deeds Office, polk County, Tennessee, said Deed of Trust and Promissory Note mde payable to United Community Bank.
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 January 18, 2012 in Misc. book 142, page 463 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 n 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 24th day of February, 2012 at 10:00 am EST in front of the West Door of the Ducktown Law Court, Ducktown, Tennessee, offer for sale and sell to the highest bidder for cash in hand and in bar of the equities of redemption, dower and homestead, the following described real estate located at 479 Tennessee Avenue, Copperhill, Third Civil District, Polk County, Tennessee, to wit:
Tract One: Situated in District No. (3) Three, Formerly the 10 Civil District of Tennessee, and being in the city of Copperhill, and known as lots No. 2,3 and 4 in Block No. 22, C.G. Baugh survey, fronting Fightingtown Avenue 150 feet and extending back 100 feet; Bounded on the East by C.H. Styles, on the South by C.H. Styles, and on the North by C.H. Styles, and on the West by Fightingtown Avenue, or the road leading from Copperhill to Fry, Georgia, and known as the Mary Jones house and lot.
Tract Two: situated in the third Civil District of Polk County, Tennessee, and being part of Section 22 of Fractional Township 4 South, Range 5 East of the Ocoee Basis Line, and more particularly described as follows: Beginning at an iron pin set in the Eastern right-of-way of Tennessee Avenue, said pin being at the Northwest corner of a lot conveyed by Scott N. Brown Jr., Trustee to Raymond Montgomery and wife, Mozelle Montgomery; thence, with the German line, North 14) 01 54 East 20 .00 feet to a point in other lands of the Grantee herein; thence with the German line South 66º 03 02 East 140.00 feet, more or less, to a point in the Montgomery line; thence with the Montgomery line, south 16º 49 39: West 20 feet to an iron pin; thence North 66º 03 02 West 139.26 feet back to the point of Beginning, as shown by a survey, dated may, 1993, prepared by Lane S. bishop, Tennessee Registered Surveyor #1324, whose address is Blue Ridge, Georgia.
Being And Intended To Be The Same Property Conveyed Unto Brian Sydney Satterfield by Warranty Deed from Nadine German Satterfield and husband, Earl Satterfield recorded on November 22, 2005 in Warranty Deed Book 241, pages 190-191 in the Register of Deeds Office, Polk county, Tennessee.
Subject To the reservation of oil, gas and hydrocarbons by the Cities Service Company by deed of record in Deed Book 108, page 289, said Register’s Office.
Subject To any governmental zoning and subdivision ordinances or regulations in effect thereon.
Said Deed of Trust recites title to said real estate as encumbere4d, 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 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 and 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 February 1st, 8th and 15th, 2012.
Witness my hand this 28th day of January, 2012.
Laura M. Crawford (Substitute Trustee) Attorney at Law, PC
337 Main Street, PO box 930
Ducktown, TN37326
(4223)496-3603