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Public Notices - 4/25/12
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WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated December 21, 2006, and the Deed of Trust of even date securing the same, recorded January 18, 2007, at Book TD350, Page 237 and re-recorded on April 4, 2007, at Book TD355, Page 322 in Office of the Register of Deeds for Polk County, Tennessee, executed by Gary Lee Dillard, Jr. and Tamara T. Dillard, conveying certain property therein described to Steinbronn & Menew PC as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for United Community Mortgage Services, Inc., its 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 June 4, 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:
All that tract or parcel of land lying and being in the Third Civil District, Part of Section 15, Fractional Township 3 South Range 5 East of the Ocoee Basis Line, Polk County, Tennessee and being more particularly described as follows:
Beginning at an iron pin set at the Southeast corner of the property herein conveyed, corner common to other lands of Grantor and a point located on the North side of a 50 foot right of way corridor, through which runs Stansbury Road, said point of beginning also being located North 75 deg. 31 min. 28 sec. West a distance of 507.96 feet from a right of way marker on Stansbury Road and said iron pin also being located North 25 deg. 49 min. 59 sec. East a distance of 18.03 from a 1/2 rebar found on the North side of Stansbury Rd. within the right of way corridor, from said point of beginning along with said right of way, thence North 75 deg. 31 min. 28 sec. West a distance of 43.92 feet to another right of way marker, thence in a right hand curve a distance of 397.60 feet subtended by a chord North 57 deg. 33 min. 46 sec. West a distance of 391.72 radius equals 666.20 feet to another right of way marker, thence North 40 deg. 24 min. 46 sec. West a distance of 118.81 feet to an iron pin set, said iron pin being located at the Southwest corner of the property herein conveyed, corner common to right of way corridor and  Clemmer Padgett, said iron pin also being located North 27 deg. 06 min. 30 sec. East a distance of 21.54 feet from a 1/2 inch rebar found on the Northwest side of Stansbury Road within the right of way corridor, thence leaving the line right of way corridor and along the line common to Clemmer Padgett, North 27 deg. 06 min. 30 sec. East a distance of 668.45 feet passing a utility pole, a pump house, a spring and a small stream to an axle found, corner common to Clemmer Padgett and other lands of Abe Padgett, North 18 deg. 14 min. 09 sec. East a distance of 278.40 feet to a 1/2 inch rebar located on the South side of a 40 foot
easement along an existing dirt road, thence continuing North 18 deg. 14 min. 09 sec. East a distance of 20.00 feet to a point located at the centerline of the aforementioned easement, said point being located at the Northwest corner of the property herein conveyed, corner common to Padgett and aforementioned 40 foot easement; thence leaving the line common to Abe Padgett and along the centerline of aforementioned easement, South 87 deg. 00 min. 43 sec. East a distance of 65.67 feet; thence North 86 deg. 43 min. 36 sec. East a distance of 85.22 feet; thence South 88 deg. 47 min. 55 sec. East a distance of 54.29 feet; thence South 76 deg. 23 min. 55 sec. East a distance of 46.66 feet; thence South 67 deg. 00 min. 06 sec. East a distance of 124.47 feet; thence South 70 deg. 54 min. 14 sec. East a distance of 140.27 feet; thence South 78 deg. 48 min. 06 sec. East a distance of 74.37 feet to point at the centerline of aforementioned easement, said point being the Northeast corner of the property herein conveyed, corner common to aforementioned easement and Abe Padgett; thence leaving the line common to Easement and along the centerline common to Padgett, South 25 deg. 50 min. 00 sec. East a distance of 20.00 feet to a 5/8 inch rebar found on South side of aforementioned easement; thence South 25 deg. 50 min. 00 sec. West a distance of 1169.19 feet to an iron pin set at the Southeast corner of the property herein conveyed and the point of beginning, according to survey for Johnny Mason recorded in Plat Book 8, Page 32, in the Register of Deeds Office, Polk County, Tennessee.
ALSO KNOWN AS:  1299 New Stansbury Road, Turtletown, Tennessee 37391
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.  This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property:  Gary Lee Dillard , Jr.; Tamara T. Dillard; Tennessee Department of Revenue
On or about September 28, 2009, the State of Tennessee, filed a tax lien against the Defendant, Gary Dillard, recorded in the Register’s Office of Polk County, Tennessee, at Book L13, Page 61. Any interest in the property held by the State of Tennessee, by virtue of the aforementioned tax lien is both junior and inferior to the interests held by JPMorgan Chase Bank, National Association.  Provided, however, that the State of Tennessee, pursuant to Tennessee Code Annotated §67‑1‑133, shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by law, the State of Tennessee has been given timely notice of this action.
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. 700‑220143

DATED April 16, 2012

              Successor Trustee
    April 25, 2012
    May 2, 2012
    May 9, 2012


Tiffany Davis, plaintiff
Steven Davis, defendant
Pursuant to T.C.A. 21-1-204, appearing from allegations of the Complaint in this cause, being duly sown to or from affidavit that Steven Davis the Defendant cannot be served with the ordinary process of law for the following:
After diligent inquiry the whereabouts of the defendant cannot be found
IT IS THEREFORE ORDERED, that said Defendant enter an appearance 30 days after the last publication and file an answer to the complaint, or judgment by default may be taken against you for the relief demanded in the complaint. A copy of this order is to be published for four consecutive weeks in the Polk County Paper. The last known address for the defendant is unknown.
This 16-day of March, 2012,
Connie Clark
Clerk of Courts

                                    NO.: 2012-PR-12

Notice is hereby given that on the 4th day of April, 2012, Letters of Testamentary in respect of the Estate of Fritz Kissell, deceased, who died on the 5th day of March, 2012, 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 4th day of April, 2012.

Frieda R. Sisco
Personal Representative
Estate of: Fritz Kissell, deceased

Kimberly Ingram
Clerk & Master

Ashley L. Ownby, Esq.
180 North Ocoee Street
P.O. Box 176
Cleveland, TN 37364-0176
(423) 479-1324

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated November 7, 2006, of record in Book TD 346, Page 246, Register=s Office for Polk County, Tennessee (AROPCT”), from ANDREW SEILHEIMER and wife, VICKI SEILHEIMER (ABorrower”) to David S. Humberd (ATrustee”) 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 on March 20, 2012 of record in Book MS 143, page 301, 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, as 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 May 23, 2012 at 10:00 a.m., 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 located in Polk County, Tennessee: 
BEGINNING on the Northeast corner of the herein conveyed tract, same being the Southeast corner of the Bill McClary tract in the West line of 411 Highway; thence running Southwardly with and along the West line of said road, 85 feet to a stake corner; thence the said tract extends Westwardly of uniform width, 215 feet to an adjoining land.
BOUNDED on the North by Bill McClary land, East by Highway 411; South by the South 65 feet of the original lot; and on the West by adjoining land.
EXCEPTED FROM THE ABOVE IS THAT portion conveyed to the State of Tennessee by Deed of record in Deed Book 186, page 249, ROPCT.
BEING one mile North of Benton on the West side of US Highway 411, BEGINNING at the Northeast corner of the lands herein described, which corner is 18 feet South of the Southeast corner of the W.A. Lewis lot; running in a Westerly direction with the alley, 215; thence in a Southern direction 150 feet, and being parallel with the Highway; thence in an Eastern direction, parallel with alley, 215 feet to said highway; thence in a Northern direction with said Highway 150, to the point of beginning.  Continuing one (1) acre, more or less and including any and all improvements now on, or to be hereafter constructed to wit: a café and residential building upon and within said boundary of land.
EXCEPTED FROM THE ABOVE IS THAT portion conveyed to the State of Tennessee by deed of record in Deed Book 224, page 172, ROPCT.
EXCEPTED FROM THE ABOVE IS THAT portion conveyed to the State of Tennessee by deed of record in Deed Book 190, page 319, ROPCT.
Being the property conveyed to Grantors by Deed recorded in DB 248, page 9, ROPCT.
This property is commonly known as: 6553 Highway 411, Benton, TN and Map Parcel #035-035.00 and 035-036.00.  This information deemed accurate but legal description controls.
 This is not an owner-occupied residence pursuant to ‘ 35-5-101, et seq.
Notice of the Trustee=s foreclosure sale has been provided to these interested parties.
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: April 23, 2012                Douglas R. Johnson, Successor Trustee
Post Office Box 2188
Chattanooga, TN 37409


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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
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