Public Notices - 3/21/12
In The Juvenile Court of Polk County,
Lisa Suzanne Lurcock
Dwayne Lee Cooper
State of Tennessee County of Polk County News
In this cause, it appearing from the complaint, which is sworn to, that the defendant, Dwayne Lee Cooper, is a non-resident of the State of Tennessee; and it further appearing that his/her whereabouts cannot be served upon him/her.
It is , therefore, Ordered that said defendant file an answer with the Polk County Clerk Of Courts, P.O. Box 656, 161 Industrial Access Circle, Benton, Tennessee 37307 within thirty (30) days of the last date of publication, exclusive of the day of publication, or judgment by default may be entered and the cause set for hearing ex parte. This notice will be published in the Polk County News for four (4) consecutive weeks.
This 29th day of February 2012.
Connie H. Clark, Clerk of Courts
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, by Deed of Trust dated September 17, 2009, and recorded on September 29, 2009, in Book TD401, Page 218, in the Register’s Office of Polk County, Tennessee (“Register’s Office”), as modified by Modification Agreement dated December 30, 2009, and recorded on February 10, 2010 in Book TD406, Page 126 in the Register’s Office (collectively, the “Deed of Trust”), KILEY R. WARD (“Borrower”) conveyed to PROFESSIONAL TITLE SERVICES, INC., of Cleveland, Bradley County, Tennessee, Trustee for the benefit of BOWATER EMPLOYEES CREDIT UNION (“BECU”), the property therein described (the “Property”), to secure payment of an Adjustable Rate Note dated September 17, 2009, executed by Borrower in the original principal amount of One Hundred Thirty Seven Thousand Three Hundred Fifty and 00/100 Dollars ($137,350,00), in favor of BECU (the “Note”).
WHEREAS, Jeffrey W. Maddux, was appointed successor Substitute Trustee under the terms of the Appointment of Substitute Trustee executed by BECU on June 15, 2010, and recorded on June 22, 2010, in Book MS136, Page 493, in the Register’s Office with all the rights, powers and privileges of the original Trustee named in the Deed of Trust; and
WHEREAS, default having been made in the payment of the Note which remains unpaid and secured by the Deed of Trust and in the performance of covenants contained in the Deed of Trust to which reference is made for recital of terms and conditions, and wherefore BECU, the lawful owner and holder of the Note and Deed of Trust, has declared the entire balance thereon due and payable.
NOW, THEREFORE, pursuant to the authority vested in Jeffrey W. Maddux, as Substitute Trustee, he shall, at the request of the owner and holder of the Note and Deed of Trust, at 10:00 a.m. EST on March 28, 2012, offer for sale at public outcry to the highest and best bidder for cash, at the front door of the Polk County Courthouse, in the City of Benton, Polk County, Tennessee, in bar of all statutory and common law equities of redemption, dower and homestead and all other rights and exemptions of every kind, the following described real estate located at 199 Horton Bridge Road, Benton, Tennessee in Benton, Polk County, Tennessee which is more particularly described in the Deed of Trust and Deeds to Borrower recorded in WD Book 254, Page 391 and WD Book 258, Page 249, in the Register’s Office of Polk County, Tennessee.
SUBJECT TO Restrictive covenants as set out in Deed recorded in Deed Book 216, Page 397, and prior deed, in the said Register’s Office, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.
SUBJECT TO Right of Way Deed as set out in instrument recorded in WD Book 128, Page 309, in the Register’s Office of Polk County, Tennessee.
SUBJECT TO Power line easement as shown on survey of Troy Richard Slack.
Polk County taxes for year 2009 are delinquent and now due and payable in the amount of $699.00, plus penalty and interest. (Tax Map and Parcel No. 036-035.10-000)
Personalty taxes for the year 2009 are delinquent and now due and payable in the amount of $ 1,137.54, plus penalty and interest (Tax Map and Parcel No. 036-035.10P-000)
Polk County taxes for the year 2010 are delinquent and now due and payable in the amount of $699.00, plus penalty and interest. (Tax Map and Parcel No. 036-035.10-000)
Personalty taxes for the year 2010 are delinquent and now due and payable in the amount of $586.00, plus penalty and interest (Tax Map and Parcel No. 036-035.10P-000)
Polk County taxes for the year 2011 are delinquent and now due and payable in the amount of $699.00, plus penalty and interest. (Tax Map and Parcel No. 036-035.10-000)
Personalty taxes for the year 2011 are delinquent and now due and payable in the amount of $621.00, plus penalty and interest (Tax Map and Parcel No. 036-035.10P-000)
The sale will be made subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist, including, without limitation, any unpaid ad valorem taxes or other taxes, and also subject to any right to redemption that may otherwise exist. The Substitute Trustee makes no covenant of warranty or seizing, but will sell and convey as Substitute Trustee only.
The sale will be made for the purpose of paying the indebtedness secured by the Deed of Trust and the proceeds thereof will be applied as provided by the terms of the Deed of Trust.
Other parties interested entitled to notice pursuant to Tenn. Code Ann. §35-5-104(d) are:
Trustmark National Bank d/b/a The Credit Card Center
This 5th day of March, 2012.
Jeffrey W. Maddux
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on April 18, 2012 at 12:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Alex L. Satterfield and Lecia C. Satterfield, husband and wife, to Priority Trustee Services of Tennessee, L.L.C., Trustee, on November 1, 2004 at Book TD312, Page 530; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Owner of Debt: Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT1, Asset Backed Pass-Through Certificates, Series 2005-OPT1
The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in the First (1st) Civil District of Polk County, Tennessee, and more particularly described as follows:
Beginning at the Easterly line of Mountain View Road and the Southwest corner of the Heiler property (DB221/138); thence South 59 degrees 43 minutes 04 seconds East, 393.34 feet to and iron pin, said point being the thence continuing along the Heiler line South 57 degrees 00 seconds East 316.1 feet to an iron pin corner to Ingram (DB81/46); thence following along Ingram line and passing into Lett property South 23 degrees 24 minutes West 334.1 feet to an iron corner with Lett (DB 170/293); thence following along property of Lett North 61 degrees 15 minutes West 315.3 feet to an iron pin corner with Cross (DB 199/93); thence following along property of Cross North 23 degrees 45 minutes East 357.5 feet to the point of beginning, containing 2.48 acres, more or less, according to the survey of Robert G. Cantley TNRLS #2186, dated September 17, 2004 and bearing Job No. 2004.083.
Subject to a road or easement over and upon the present road known as Bryant Lane, that leads from the Mountain Road to the premises above described as referenced in Book 219, Page 625, in the Register’s Office of Polk County, Tennessee.
Subject to Boundary Line Agreement set out in instrument recorded in Deed Book 206, Page 314, in the Register’s Office for Polk County, Tennessee.
LOCATED UPON THE ABOVE-DESCRIBED PROPERTY is a manufactured home, Serial Number AL3270-S04-4495AB, which is believed to be permanently affixed to said property.
Street Address: 144 Bryant Lane, Benton, Tennessee 37307
Parcel Number: 027 005.00
Current Owner(s) of Property: Lecia C. Satterfield, who acquired title as Lecia S. Satterfield and husband, Alex L. Satterfield
The street address of the above described property is believed to be 144 Bryant Lane, Benton, Tennessee 37307, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead 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 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.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
File No. 11-016743
NOTICE OF SUBSTITUTE TRUSTEES SALE
WHEREAS, Cheryl H. White, by Deed of Trust dated on or about on or about 8-6-2010 in Book 412, Page 456 recorded in the Register’s Office of Polk County, Tennessee conveyed to DOUGLAS N. BLACKWELL II, duly appointed 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 April 5, 2012 at 10:30 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 One (1), Cochran Subdivision, as shown by revised plat of record in Plat Book 9, Page 122, in the Register’s Office of Bradley County, Tennessee.
For prior title see Deed recorded in Book 267, Page 310, 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.
All notes, stipulations, restrictions, easements, conditions, and regulations as set out on recorded plat.
Any covenants, conditions, restrictions, reservations or easements of record.
35-foot Right-of-way and Field Line Easement, as described in Deed Book 170, Page 219, in said Register’s Office.
Commonly known as 113 Gee Creek Road, Delano, TN 37325 but such is not included in the legal description of the property to be sold.
OTHER INTERESTED PARTIES: Occupants, Cheryl H. White, Polk County Property Tax Office.
The provisions of Tennessee Code Annotated, Sections 35-5-101 et seq. and 35-5-117 et seq., have been complied with, or they are not applicable.
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 28th day of February, 2012.
/s/ Doug Blackwell
DOUGLAS N. BLACKWELL II, Attorney
Blackwell Law Offices, PLLC
P.O. Box 1455, Cleveland, TN 37364
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
To be Run on: March 7, 14 and 21, 2012
NOTICE OF FORECLOSURE SALE
POLK COUNTY, STATE OF TENNESSEE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Default has been made in the terms, conditions and payments provided for in that certain Deed of Trust dated July 27, 2005, of record in Deed Book/Page Number TD 323 / 424, Instrument 05002377, Register’s Office for Polk County, Tennessee, from Martha Ballew and William G. Ballew (Borrower) to ROB V. BUDHWA (Trustee) for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIELDSTONE MORTGAGE COMPANY (Lender), securing the Note/indebtedness therein described, the entire Note/indebtedness having been declared in default and immediately due and payable by the lawful owner and holder thereof.
HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE OF THE FIELDSTONE MORTGAGE INVESTMENT TRUST, SERIES 2005-3 (Holder), now being the present owner/holder of said indebtedness, has now requested that foreclosure proceedings be instituted, and said Holder has appointed the firm listed below as Successor Trustee under said Deed of Trust, by an instrument duly recorded in the aforesaid records, to serve in the place and stead of the aforementioned Trustee. Notice of the Right to Foreclose was sent to the Borrower by letter dated December 19, 2011.
NOW, THEREFORE, said Successor Trustee, or agent thereof, pursuant to said Deed of Trust, having been requested by the Holder so to do, and by virtue of the authority and power vested in said Successor Trustee by said Deed of Trust, will on April 17, 2012 at 1:00 p.m., at the usual and customary location at the Polk County, Tennessee, Courthouse, 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), the following-described property:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLKCOUNTY, TENNESSEE, TO-WIT: SITUATEDNEARBENTON,TENNESSEE: BEGINNING AT THE NORTHWEST CORNER OF THE LAND OF WHITTEN; THENCE RUNNING SOUTH WITH THE LINE OF THE LAND OF WHITTEN, 122 FEET TO THE CORNER IN THE LINE OF WHITTEN CORNERING WITH PRINCE; THENCE WEST WITH LINE OF PRINCE 150 FEET TO CORNER WITH TALLEY; THENCE NORTH WITH TALLEY 122 FEET TO CORNER OF SOUTH BANK OF ROAD OR ALLEY;THENCEEASTWITHROADTOTHEBEGINNINGCORNER. BEING THE SAME PROPERTY CONVEYED TO MARTHA BALLEW BY DEED FROM J.D. WOODY, UNMARRIED, DATED 04/17/93 AND RECORDED IN BOOK 164 PAGE 190, IN THE REGISTER’S OFFICE OF POLKCOUNTY. TENNESSEE. SUBJECT TO ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON.
COMMONLY KNOWN AS: 174 POPLAR STREET, BENTON, TN 37307
For informational purposes only, this property is commonly known as 174 Popular Street, Benton, TN, 37307, Parcel ID 045D C 02000 000066.
The property shall be free from all right and equity of redemption, statutory or otherwise, homestead, dower, courtesy, elective share, and all other exemptions that are expressly waived in said Deed of Trust, and the title is believed to be good, but the Successor Trustee will sell and convey only as Successor Trustee, “as is” and “where is” and without covenants of seizin or warranties of title.
Listing of Subordinate Lienholders: N/A
Listing of Other Interested Parties: N/A
This sale is subject to liens; easements; encumbrances; property taxes; rights of redemption of taxing entities; all matters shown on any recorded plan(s) or plat(s); 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; any matter that an accurate survey of the premises might disclose; and other matters which are prior in right to the lien of the aforesaid Deed of Trust.
If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder. 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 sale to another day, time and/or place certain without further publication, upon announcement at the time and place for the sale set forth above, or at any date and time fixed by a preceding postponement. Alternatively, at its option, Successor Trustee may give a new notice of sale.
Weissman Nowack Curry & Wilco, PC
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
File #: 010732
(03/21/12, 03/28/12, 04/04/12)(RSVP# 285905)
In the Juvenile Court For Polk County,
In Re: Lillian Raye Skinner
Devonda J. Trantham (plantiff) vs. unknown (defendant)
State of Tennessee
County of Polk
In this cause, it appearing from the complaint, which is sworn to, that the defendant, unknown, is a non-resident of the State of Tennessee; and it further appearing that his/her whereabouts cannot be ascertained after diligent inquiry, so that the ordinary process cannot be served upon him/her.
It is, therefore, ORDERED that said defendant file an answer with the Juvenile Court of Polk County, P.O. Box 256, Benton, Tennessee 37307 within thirty (30) days of the last date of publication, exclusive of the day of publication, or judgment by default may be entered and the cause set for hearing ex parte. This notice will be published in the Polk County News for four (4) consecutive weeks.
This 14th day of March, 2012.
Connie H. Clark
Clerk of Courts
NOTICE TO CREDITORSESTATE OF: JOHN PAUL CLOUD (DECEASED)
Notice is hereby given that on the 15th day of March, 2012, Letters of Testamentary in respect of the Estate of John Paul Cloud, deceased, who died on the 4th day of November, 2011, were issued to the undersigned by the Probate Court of Polk County, Tennessee.
All persons, resident and non-resident, having claims, matured or un-matured, against the Estate are required to file same with the Clerk for the above-named Court within 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 15th day of March, 2012.
Marchie Cloud, Personal Representative
Estate of: John Cloud, Deceased
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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