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SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on April 25, 2012 at 2:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Mark A. Pickel and wife, Kelly S. Pickel, to Russell E. Roberson, Trustee, on March 20, 2008 at Book TD376, Page 236; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Holder: CU Community, LLC
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 Polk County, Tennessee, to wit:
Lot Twelve (12) of the Ada Moss Estates, as shown on plat of record in Plat Book 8, page 61, in the Register’s Office of Polk County, Tennessee.  
Street Address: 154 Granny Moss Lane, Delano, Tennessee 37325
Parcel Number: 017-008.12
Current Owner(s) of Property: Mark A. Pickel, unmarried
The street address of the above described property is believed to be 154 Granny Moss Lane, Delano, Tennessee 37325, 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 This sale may be rescinded at any time.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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690

File No. 12-031220

TRUSTEE’S NOTICE OF FORECLOSURE SALE

    WHEREAS, by Trust Deed dated the 14th day of March, 2008, Cheryl Radford did convey in trust certain land described to secure the original principal amount of Sixty-Six Thousand, Six Hundred Fifty-Seven and 62/100 Dollars ($66,652.62) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of Trust was duly recorded on April 2, 2008 in Trust Deed Book 376, pages 469-477 in the Register of Deeds Office, Polk County, Tennessee, said Deed of Trust and Promissory Note made payable to United Community Bank.
    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 on 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 20th day of April, 2012 at 10:00 a.m. EST in front of the West Door of the Ducktown Law Court, Ducktown, Tennessee, offer for sale and sell to the highest and best bidder for cash in hand and in bar of the equities of redemption, dower and homestead, the following described real estate known as 180 Appalachia Dam Road, Farner, Tennessee, to wit:
    TRACT ONE:  A certain parcel or tract of land being and lying in the Third Civil District, being  in the old 7th Fractional Township Two Range Five, East of the Basis Line of the Ocoee District, Polk County, Tennessee.  A certain part of the land originally owned by C.B. Dawley and more particularly described as follows: BEGINNING in the center line of the Tennessee State Highway #68 on the Section line and at the Shearer line and running West with Section line and running West with Section line and Shearer line to the East side of the TVA access road that leads to the Appalachia Dam; thence North easterly direction with TVA access road to the center of the new Tennessee State Highway #68 at intersection; thence Southerly direction with said State Highway #68 to the corner of the beginning.  The above tract is a Triangle in shape.
    TRACT TWO:  A certain parcel or tract of land being and lying in the 3rd (Old Seventh) District of Polk County, Tennessee.  Being in Fractional Township (2) Two, Range Five (5) East of the Basis Line, Ocoee District, Polk County, Tennessee.  Being in Section 28 in the northeast corner of the northwest quarter of said section and in the town of Farner, Tennessee.  Being on the line of L&N Railroad Company.  BEGINNING on the East side of the said Railroad Company’s right of way on Farner corner; thence east with Kilpatrick line to top of the hill; thence in a northern direction with top of hill to a stake on the old Farner line; thence west with the old Farner line to L&N Railroad Company’s right of way; thence south with L&N Railroad Company’s right of way to the beginning corner.  Containing six (6) acres more or less.  Now bounded on the west by L&N Railroad Company, North by Pearl Underwood, East by the property Bachman School and south by Ed Kilpatrick.
    LESS AND EXCEPT 0.289 ACRES /= FROM TRACT TWO conveyed to the State of Tennessee from Lehman Rex Shearer as described in the Warranty Deed recorded November 14, 2005 in Book 241, Pages 119-121, in the Register of Deeds Office, Polk County, Tennessee.
    Subject to existing easements and right of ways for public roads, if any.  Also subject to Polk County, Tennessee Subdivision Regulations.
    BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO Robert Radford and wife, Cheryl Radford from Lehman Rex Shearer by Warranty Deed recorded February 16, 2006 in Book 242, page 422, in the Register of Deeds Office, Polk County, Tennessee.
    Said Deed of Trust recites title to said real estate as encumbered, 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 to a day, time and place certain, upon announcement at the time and place for the 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 an 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 March 28, April 4 and April 11, 2012.
            Laura M. Crawford, Trustee
Laura M. Crawford,
Attorney at Law, PC
337 Main Street, P.O. Box 930
Ducktown, TN  37326
(423) 496-3603


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.
M/P045D-C-020GR
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
(866) 960-8298
File #: 010732

(03/21/12, 03/28/12, 04/04/12)(RSVP# 285905)

In The Juvenile Court of Polk County,
Benton, TN

Non-Resident Notice

Lisa Suzanne Lurcock
Vs
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


In the Juvenile Court For Polk County,
Benton, Tennessee

Non-Resident Notice
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 CREDITORS
ESTATE 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

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on April 25, 2012 at 2:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Wayne Baliles and wife, Dweanna Baliles a/k/a Dewanna Baliles, to U.S. Title Corporation, Trustee, on November 15, 2002 at Book TD282, Page 41; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Owner of Debt: JPMorgan Chase Bank, National Association
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, to wit:
Lot Four in Crowe Hills Subdivision, a plat of which is recorded in the Register’s Office of Polk County, Tennessee, in Plat Book 2, Page 61, more particularly described as follows:
Beginning in the northwest line of Cherokee Road at a point located 400 feet South from where said line of said road is intersected by the southernmost line of the George Bates Road, and at the southeast corner of Lot 3 as shown on said plat; and from said beginning point and running with said line of Cherokee Road,  South 23 degrees 20 minutes 16 seconds West 100.18  feet to the northeast corner of Lot 5 as shown on said plat; thence with the northeast line of said Lot 5, North 66 degrees 39 minutes 44 seconds West, 199.81 feet to the northwest line of said subdivision; thence with said line of said subdivision, North 23 degrees 15 minutes East, 99.70 feet to the southwest corner of said Lot 3; thence with the southwest line of said Lot 3, South 66 degrees 46 minutes 22 seconds East, 199.96 feet to the beginning.
THERE MAY BE A MANUFACTURED HOME LOCATED UPON THE ABOVE- DESCRIBED PROPERTY WHICH MAY OR MAY NOT BE PERMANENTLY AFFIXED TO SAID PROPERTY.
IN THE EVENT IT IS DETERMINED THAT THE MANUFACTURED HOME IS NOT PERMANENTLY AFFIXED TO THE PROPERTY, IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN TITLE TO SAID MANUFACTURED.
Street Address: 130 Crowe Hill Circle, Benton, Tennessee 37307
Parcel Number: 036B-A-004.00
Current Owner(s) of Property: Wayne Baliles
The street address of the above described property is believed to be 130 Crowe Hill Circle, 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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690

File No. 10-010087

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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690
File No. 11-016743

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



SUCCESSOR TRUSTEE’S SALE

Whereas, a Deed of Trust has been heretofore executed by Charles T. Epperson to J. Michael Winchester, Trustee, dated September 6, 2006, which Deed of Trust was received for recording on September 11, 2006, and recorded in Book 342, Pages 424-434, in the Register’s Office of Polk County, Tennessee, and subsequently re-recorded in Book 346, Page 349-359; conveying the hereinafter described real estate in trust to secure payment of a promissory note being described therein and payable to the order of First Tennessee Bank National Association; and
Whereas, by instrument executed by First Tennessee Bank National Association, dated February 22, 2012, and filed for record in said Register’s Office, it declared itself to be the owner and holder of said note so secured by said Deed of Trust and appointed John A. Medina as Successor Trustee, with all rights, powers and privileges of the original Trustee named in said Deed of Trust; and
Whereas, default has been made in payment of installments maturing on said promissory note, and in performance of covenants contained in the Deed of Trust by reason of which the entire balance owing thereon has been declared due and payable, default has been made in payment thereof and such default continuing;
Now, therefore, by virtue of the power and authority vested in him as such Successor Trustee under the Deed of Trust recorded March 5, 2012 in Book MS143 Pages 227-228, aforesaid, at the request of the owner and holder of said note, and for the purpose of effecting payment and satisfaction thereof, principal and interest, attorney’s fees and costs of sale, John A. Medina, a resident of Cumming, Georgia, licensed to practice law in the State of Tennessee, Successor Trustee, will on April 24, 2012 at 11:00 o’clock a.m. offer for sale at public outcry to the highest and best bidder for cash on the outside of the West side of the Polk County Courthouse, in the City of Benton, Polk County, Tennessee, in bar of all equities of redemption, statutory right of redemption, homestead, dower and other rights or exemptions of every kind, the following described real estate located in Polk County, Tennessee:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:
BEGINNING at an iron pin in the Northeast line of East Tennessee Power Company power line at its intersection with the cul-de-sac of Copeland Road; thence along the line of said power line easement, North 65 degrees 29 minutes 32 seconds West, 1,239.56 feet; thence leaving the line of said power line easement, North 24 degrees 30 minutes 28 seconds East, 454.38 feet; thence North 14 degrees 24 minutes 02 seconds West, 250.02 feet to the South line of an existing farm road; thence along the line of said farm road, South 88 degrees 21 minutes 01 seconds East 37.11 feet to an iron pin; thence leaving the line of said road, South 14 degrees 24 minutes 02 seconds East, 191.01  feet; thence South 65 degrees 44 minutes 47 seconds East, 891.80 feet to an iron pin in the West line of Copeland Road Extended, being private road; thence along the line of said Copeland Road Extension, traveling in a Southeasterly direction, on a left-handed curve, radius=500.00 feet, a distance of 359.85 feet to an iron pin; thence South 24 degrees 22 minutes 11 seconds East, 238.37 feet to an iron pin in the line of said cul-de-sac; thence traveling Southwesterly on a left-handed curve around said cul-de-sac, radius= 50.00 feet, a distance of 42.96 feet to the beginning point.  Said tract containing 12.191 acres, more or less, being shown by survey of John T. Kinder, TRLS #1519, Cleveland, TN, dated November 8, 2000, being job no 98-0310.
PRIOR TITLE SOURCE: BEING that same property conveyed to Charles T. Epperson, Unmarried, by Warranty Deed from Steve Jordan, Unmarried, recorded in Deed Book WD246, Page 412, in the Register’s Office of Polk County, Tennessee (ROPCT)
SUBJECT to Restrictions recorded in Deed Book 215, Page 507, ROPCT.
SUBJECT to Health Department regulations and requirements.
SUBJECT to the right of Sue Howard in and to the use of the house and set out in Deed Book 203, page 131, ROPCT, (if applicable).
SUBJECT to any and all governmental zoning and/or subdivision ordinances and regulations in effect thereon.
Street Address:  411 Copeland Road, Ocoee, TN 37361
Current Owner(s) of Property:  Charles T. Epperson
Other interested parties:  No known
The street address of the above described property is believed to be 411 Copeland Road, Ocoee, TN 37361, 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.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
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.
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.
Said Deed of Trust recites title as unencumbered, but sale will be made as Trustee only, without covenants of seizin or warranties of title, subject to any unpaid taxes or assessments owing on said property, and subject to such prior encumbrances, easements, leases, objections, conditions, restrictions, out-conveyances, Ad Valorem Taxes (current and delinquent) and priority tax liens (if any) as may appear of record.
The undersigned is attempting to collect a debt.  Any information obtained will be used for that purpose.
This the 19th day of March, 2012.
John A. Medina
Substitute Trustee
Kenney, Solomon & Medina, P.C.
3675 Crestwood Parkway, Suite 300
Duluth, Georgia 30096               
(770) 564-1600

Published dates: 3/28/12, 4/4/12, 4/11/12
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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
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