Public Notices - 5/2/12
THE POLK COUNTY DEPARTMENT OF EDUCATION is accepting bids on 4-78 passenger transit buses without air conditioning, 1 -18 1 handicap bus with air condition, and 1- 66 passenger conventional bus without air conditioning. Bids must be in the Central Office by 10:00 am on Friday, May 4, 2012. The Polk County Department of Education reserves the right to reject any and all bids.
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 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
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 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
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
April 25, 2012
May 2, 2012
May 9, 2012
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
REQUEST FOR COMMENTS
USDA Forest Service
Cherokee National Forest
Tellico and Ocoee/Hiwassee Ranger Districts
Monroe and Polk Counties, Tennessee
Opportunity to Comment on FY13 Prescribed Burning Projects
The Cherokee National Forest, Tellico and Ocoee/Hiwassee Ranger Districts, are preparing Decision Memos for the McIntyre, Duckett and Thornburg Prescribed Burns. The entire proposed action description and other information are available for review at http://www.fs.usda.gov/projects/cherokee/landmanagement/projects or available at the addresses listed below.
In light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv-00679-LJO-DLB (E.D. Cal.)), the Forest Service will provide public notice, comment, and opportunity for administrative appeal for projects and activities documented with a “Decision Memo” (36 CFR 220.6(e)) until new instructions are issued by the Washington Office, or the Agency issues regulations addressing the Court’s ruling. In addition, the Forest Service will prepare Decision Memos and offer notice, comment and appeal opportunities for timber sales and proposed approvals of oil or gas exploration and development activities that rely upon Section 390 of the Energy Policy Act of 2005. Only those who provide comment or express interest in this proposal during this comment period will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations.
How to Comment and Timeframe
Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice in the Monroe County Advocate and Democrat and Polk County News. The publication dates in the newspapers of record are the exclusive means for calculating the comment period for this analysis. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the length of the comment period. It is the responsibility of persons providing comments to submit them by the close of the comment period.
Written comments may be submitted to: Katherine Foster, Tellico Ranger District, 250 Ranger Station Road, Tellico Plains, TN 37385, fax (423-253-2804); or Monte Williams, Ocoee/Hiwassee Ranger District, 3171 Hwy 64, Benton, TN 37307, fax (423-338-6577). The office business hours for those submitting hand-delivered comments are: 8:00 am to 4:30 pm Monday through Friday, excluding holidays.
Oral comments must be provided at the Responsible Official’s office during normal business hours via telephone 423-253-8400 or 423-338-3300 or in person. Electronic comments must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), or Word (.doc) to firstname.lastname@example.org, or email@example.com. In cases where no identifiable name is attached to a comment, a verification of identity will be required for appeal eligibility. If using an electronic message, a scanned signature is one way to provide verification.
Individuals and organizations wishing to be eligible to appeal must meet the information requirements of 36 CFR 215.6.
NOTICE TO CREDITORS
ESTATE OF BILLY GENE BROWDER (DECEASED)
Notice is hereby given that, on the 19th day of April, 2012, Letters Testamentary, in respect of the estate of BILLY GENE BROWDER, deceased, who died on March 26, 2012, were issued to the undersigned by the Probate Division of the Chancery Court of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against this estate are required to file same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication (or posting, as the case may be) of this notice or twelve months from the decedent’s date of death, otherwise their claims will be forever barred.
This 19th day of April, 2012.
Christy D. Gargala
Kimberly A. Ingram
Clerk & Master
Fillauer & Wilson, P.C.
By: Robert B. Wilson III
Attorney for CHRISY D. GARGALA, Executrix
Estate of BILLY GENE BROWDER, Deceased
P.O. BOX 27
Cleveland, TN 37364-0027
TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated NOVEMBER 25, 2009, executed by DONALD A. RICHIE AND KATHRYN S. RICHIE (A/K/A KATHRYN SUE HENDERSON), THEIR HEIRS AND ASSIGNS, to J. PHILLIP JONES, Trustee, of record in BOOK TD404, PAGE 57, for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR U.S. BANK NATIONAL ASSOCIATION, in the Register’s Office for POLK County, Tennessee and to secure the indebtedness described; WHEREAS, said Deed of Trust was last assigned to U.S. BANK NATIONAL ASSOCIATION, the entire indebtedness having been declared due and payable by U.S. BANK, NATIONAL ASSOCIATION, being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Trustee, on FRIDAY, MAY 25, 2012 AT 11:00 A.M. (LOCAL TIME), AT THE WEST DOOR OF THE POLK COUNTY COURTHOUSE IN BENTON, POLK COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in POLK County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF POLK, TENNESSEE:
SURFACE ONLY, IN THE THIRD CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO WIT:
BEING A CERTAIN TRACT OF LAND SITUATED IN SECTION 26, FRACTIONAL TOWNSHIP 3, SOUTH RANGE 5 EAST OF THE OCOEE BASIS LINE IN THE THIRD CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN LOCATED NORTH 26 DEGREES 26 MINUTES 39 SECONDS EAST A DISTANCE OF 785 FEET FROM THE CORNER COMMON TO SECTIONS 26, 25, 35 AND 36; SAID POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF THE PROPERTY HEREIN CONVEYED; FROM SAID POINT OF BEGINNING NORTH 67 DEGREES 59 MINUTES 21 SECONDS WEST A DISTANCE OF 1048.20 FEET TO AN IRON PIN ON THE EAST RIGHT OF WAY, BEING 30 FEET IN WIDTH, OF 16 FOOT PAVED ROAD, KNOWN AS BURGERTOWN ROAD; THENCE ALONG WITH SAID RIGHT OF WAY THE FOLLOWING FOUR CALLS AND DISTANCES: IN A RIGHT HAND CURVE A DISTANCE OF 8.82 FEET SUBTENDED BY A CHORD NORTH 41 DEGREES 02 MINUTES 45 SECONDS EAST A DISTANCE OF 6.81 FEET; THENCE CONTINUING IN A RIGHT HAND CURVE A DISTANCE OF 85.32 FEET SUBTENDED BY A CHORD NORTH 47 DEGREES 11 MINUTES 20 SECONDS EAST A DISTANCE OF 85.26 FEET; THENCE IN A LEFT HAND CURVE A DISTANCE OF 214.33 FEET SUBTENDED BY A CHORD NORTH 47 DEGREES 59 MINUTES 46 SECONDS EAST A DISTANCE OF 214.13 FEET; THENCE IN A RIGHT HAND CURVE A DISTANCE OF 24.3 FEET, MORE OR LESS, SUBTENDED BY A CHORD NORTH 43 DEGREES 07 MINUTES 16 SECONDS EAST A DISTANCE OF 24.3 FEET, MORE OR LESS, TO THE CENTER LINE OF POTATO CREEK; THENCE LEAVING RIGHT OF WAY AND ALONG WITH SAID CENTER LINE THE FOLLOWING TWO CALLS AND DISTANCES: NORTH 74 DEGREES 55 MINUTES 07 SECONDS EAST A DISTANCE OF 27.0 FEET, MORE OR LESS; THENCE SOUTH 67 DEGREES 26 MINUTES 47 SECONDS EAST A DISTANCE OF 366.2 FEET, MORE OR LESS; THENCE LEAVING SAID CENTER LINE SOUTH 63 DEGREES 34 MINUTES 38 SECONDS EAST A DISTANCE OF 541.8 FEET, MORE OR LESS, TO AN IRON PIN ON THE SECTION LINE DIVIDING SECTION 25 AND 26; THENCE ALONG WITH SECTION LINE SOUTH 26 DEGREES 26 MINUTES 39 SECONDS WEST A DISTANCE OF 270.73 FEET TO THE POINT OF BEGINNING; CONTAINING 6.8 ACRES, MORE OR LESS, AS SURVEYED BY LANE S. BISHOP, REGISTERED LAND SURVEYOR, TENNESSEE NO. 1324, MARCH 19, 1984, AND SHOWN AS LOT 5 ON MAP DESIGNATED AS 0-103-3800-26 ON FILE AT TENNESSEE CHEMICAL COMPANY, COPPERHILL, TENNESSEE.
BEING THE SAME PROPERTY CONVEYED TO DONALD A. RICHIE AND WIFE, KATHRYN S. RICHIE, BY DEED DATED OCTOBER 8, 2003 OF RECORD IN BOOK WD229, PAGE 4, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
SEE ALSO ELECTRIC LINE RIGHT-OF-WAY EASEMENT OF RECORD IN WD BOOK 128, PAGE 25, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 546 BURGERTOWN ROAD, COPPERHILL, TENNESSEE 37317.
MAP 105 PARCEL 031.08
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433. 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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES: NONE OF RECORD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, May 1, 2012. This is improved property known as 546 BURGERTOWN ROAD, COPPERHILL, TENNESSEE 37317.
J. PHILLIP JONES, TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
IN THE PROBATE DIVISION OF THE CHANCERY COURT OF TENNESSEE FOR POLK COUNTY, TENNESSEE
IN THE MATTER OF THE ESTATE OF:
FRITZ KISSELL (DECEASED)
NOTICE TO CREDITORS
ESTATE OF: FRITZ KISSELL, (deceased)
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
Estate of: Fritz Kissell, deceased
Clerk & Master
Ashley L. Ownby, Esq.
180 North Ocoee Street
P.O. Box 176
Cleveland, TN 37364-0176
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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