Related Articles Public Notices - 5/9/12 Public Notices - 5/2/12 Public Notices - 4/25/12 Public Notices - 4/11/12 Public Notices - 3/28/12

Roy Joe Angel Construction has completed work on the Polk County Water Line Extension project. All labor and materials billed due and payable on this project should have been paid. Any person having claims against Roy Joe Angel Construction should mail written documentation to Hoyt Firestone, Polk County Executive, PO Box 128, Benton TN 37307 within 10 days of this notice. (2/8/12)


WHEREAS, Edward Swindle and Robbin Swindle on or about  7-15-2005  in Book 322, Page 639 and re-recorded in Book 327, Page 193 of record 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 Benton Banking Co., k/n/a First Volunteer Bank of Tennessee (“FVB”), 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 be advertised and sold in satisfaction of the indebtedness and  costs of foreclosure in accordance with the terms and provisions of the Notes and Deed of Trust.
NOW, THEREFORE, notice is hereby given that I, DOUGLAS N. BLACKWELL II, SUBSITUTE TRUSTEE, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on March 1, 2012 at 10:15am 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 Deeds 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 the intersection of the South line of Busted Rock Road (a/k/a Main Street) presumed to be 50 feet in width and is intersected by the East line of Delta Drive or Alley; and from said beginning point and run with the South line of said Busted Rock Road, South 85 deg. 50 min. East, 83.86 feet to the Northwest corner of other land of Swindle; thence with the West line of Swindle; South 04 deg. 10 min. West, 165 feet; thence North 85 deg. 50 min. West, 90.25 feet to the East line of Delta Drive or Alley; thence with the East line of said Delta Drive or Alley, North 11 deg. 25 min. 55 sec. East, 5.26 feet to a slight angle; thence continuing on with said line of said Drive or Alley, North 09 deg. 04 min. 04 sec. East, 69.45 feet to another angle; thence continuing on North 04 deg. 02 min. 14 sec. East, 90.59 feet to the BEGINNING, as shown by survey of Jimmy L. Richmond, Richmond Surveying Company, Cleveland, Tennessee, revised 15 May 2004. Same as prior description.
For prior title see Deed recorded in Deed Book 240, Page 361 from Weyman I. Dooly, Jr. and Philip S. Dooly to Edward Swindle dated 7/19/2005 and recorded 10/18/2005, 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 know as: Busted Rock Road, Old Fort, TN, but such is not included in the legal description herein.
OTHER INTERESTED PARTIES:   Occupants, Polk County Property Tax Office, Estate of Edward Swindle, Robbin Swindle, Andrew Morgan, Atty for Mrs. Swindle
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 right 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 matter, which are prior in right to the lien of the aforesaid Deed of Trust.
WITNESS my hand this 31st day of January, 2012.

/s/ Douglas N. Blackwell II
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 8, 15 and 22, 2012


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)


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

At Benton

Ricky Lynn Soos, petitiononer
v.
Joseph C. Craft, respondent

Order of Publication

This matter came to be heard, upon the Petition of Ricky Lynn Soos and his request that service of process by publication be ordered in a newspaper of general circulation to bring the Respondent before this Honorable Court. The Court finds that service of process was attempted on Joseph C. Craft and it appears that his current address cannot be ascertained so that ordinary process can be served upon the Respondent.
    It is therefore Ordered that a copy of this order be published for four (4) consecutive weeks in the Polk County News a newspaper published in Benton, TN. Respondent will appear and make defense of the Petitioner within thirty (30) days or the same will be taken as confessed and a default judgment may be entered aagainst the Respondent. Within that time, Respondent is also required to serve a copy of his pleadings upon the law firm of Burns & henry, P.C., whose address is 175 Spring Street NW, Cleveland, TN 37311 or a default judgment will be entered against the Respondent according to law.
Entered this 16th day of January, 2012.

Jerri S. Bryant, Chancellor


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



WHEREAS, Douglas Lane and Susan Lane, by Deed of Trust dated on or about 9-28-2009 in Book 401, Page 425, 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 March 1, 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:
Lot 23, RIVER’S EDGE, as shown by plat of record in Plat Book 4, Page 45, in the Register’s Office of Polk County, Tennessee.
For prior title see Deed recorded in Book 259, Page 182 from Emily Cummings to Douglas R. Lane, Jr. and wife, Susan Armstrong Lane dated 9/23/2008 and recorded 9/24/2008, in the Register’s Office of Polk County, Tennessee.
THIS CONVEYANCE MADE SUBJECT TO THE FOLLOWING:
Any covenants, conditions, restrictions, reservations or easements of record.
Restrictions as set out in instrument recorded in Misc. Book 58, Page 33, in the Register’s Office of Polk County, Tennessee, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607, of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons.
All notes, stipulations, restrictions, easements, conditions, and regulations as set out on recorded plat.
Flood Hazard Area as shown on recorded plat.
Commonly known as 122 Crews Drive, Benton, TN 37307 but such are not included in the legal description of the property to be sold.
OTHER INTERESTED PARTIES: Occupants, Douglas and Susan Lane, 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 31st 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 8, 15 and 22, 2012.