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NOTICE OF SUBSTITUTE TRUSTEE`S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated November 22, 2006, executed by MICKIE L. COOK AND WILLIAM D. COOK, conveying certain real property therein described to Southeastern Title & Escrow dba Park Place Title & Escrow, as Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee recorded July 24, 2007, in Deed Book TD362, Page 286; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-HE3 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Polk County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on August 16, 2012 at 11:00 AM at the West Entrance of the Polk County Courthouse , located in Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Polk County, Tennessee, to wit: A CERTAIN PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 7, FRACTIONAL TOWNSHIP 4 SOUTH RANGE FIVE 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 AT THE NORTHWEST CORNER OF THE PROPERTY WHICH POINT OF BEGINNING IS NORTH 69 DEG 24 EAST A DISTANCE OF 1359.30 FEET FROM SOUTHWEST CORNER OF SECTION 7; THENCE NORTH 78 DEG. 34 EAST A DISTANCE OF 363.33 FEET TO A PUBLIC ROAD; THENCE WITH THE WEST SIDE OF SAID PUBLIC ROAD AS FOLLOWS: SOUTH 15 DEG. 36 EAST A DISTANCE OF 550. 70 FEET; THENCE SOUTH 1 DEG. 09 EAST A DISTANCE OF209.18 FEET TO AN IRON PIN; THENCE NORTH 53 DEG. 37 WEST A DISTANCE OF 533.31 FEET; THENCE NORTH 80 DEG. 10 WEST A DISTANCE OF 92.38 FEET; THENCE NORTH 34 DEG. 16 WEST A DISTANCE OF 89.77 FEET; THENCE NORTH 2 DEG. 22 WEST A DISTANCE OF 84.65 FEET TO THE POINT OF BEGINNING, BOUNDED ON THE NORTH BY LOT NO. 12, ON THE EAST BY A PUBLIC ROAD; ON THE SOUTHWEST BY E. C. DUKE PROPERTY, LOT NO. 1 AND LOT NO.2 ON NORTHWEST BY LOT NO.3 AND LOT NO.5; AND CONTAINING 5.27 ACRES MORE OR LESS.ALSO CONVEYED HEREWITH IS A 40 FOOT ROAD RIGHT OF WAY FROM THE PROPERTY HEREIN CONVEYED TO U. S. HIGHWAY NO. 64 WHICH CENTERLINE IS DESCRIBED AS FOLLOWS:BEGINNING IS NORTH 53 DEG. 37 WEST A DISTANCE OF 132.16 FEET FROM SOUTH CORNER OF THE PROPERTY HEREIN CONVEYED; THENCE SOUTH 5 DEG. 58 WEST A DISTANCE OF 68.25 FEET; THENCE SOUTH 20 DEG. 08 EAST A DISTANCE OF 123.15 FEET; THENCE SOUTH 26 DEG. 05 WEST A DISTANCE OF 199.93 FEET; THENCE SOUTH 5 DEG. 01 EAST A DISTANCE OF 134.35 FEET; THENCE SOUTH 18 DEG. 15 EAST A DISTANCE OF 118.12 FEET TO THE CENTER OF U. S. HIGHWAY NO. 64. Parcel ID: 114-013.00 PROPERTY ADDRESS: The street address of the property is believed to be 148 CARRIANNE HILLS ROAD, COPPERHILL, TN 37317. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): MICKIE L. COOK, WILLIAM D. COOK OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #33200: 2012-07-18  2012-07-25, 2012-08-01  

NOTICE OF SUBSTITUTE TRUSTEE`S SALE

 WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated June 12, 2009, executed by REBECCA E. YATES, LUTHER C. YATES, JR., conveying certain real property therein described to JOSEPH B. PITT, JR., as Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee recorded July 7, 2009, in Deed Book TD398, Page 109; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Polk County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on August 9, 2012 at 11:00 AM at the West Entrance of the Polk County Courthouse , located in Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Polk County, Tennessee, to wit: TAX ID NUMBER(S): 0250 B 015.02 LAND SITUATED IN THE COUNTY OF POLK IN THE STATE OF TN BEING LOT NO. TEN (10) IN FOREST HILLS SUBDIVISION, A PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 127, IN THE REGISTER`S OFFICE OF POLK COUNTY, TENNESSEE, AND TO WHICH PLAT REFERENCE IS HERE MADE FOR A MORE DETAILED DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO LUTHER C. YATES, JR. AND REBECCA E. YATES, HUSBAND AND WIFE, BY DEED DATED FEBRUARY 05, 1999 OF RECORD IN DEED BOOK 208, PAGE 571, IN THE POLK COUNTY CLERK`S OFFICE. GROUP NUMBER: N/A COMMONLY KNOWN AS: 221 FOREST HILLS DR, CHARLESTON, TN 37310 Parcel ID: 0250 B 015.02 PROPERTY ADDRESS: The street address of the property is believed to be 221 FOREST HILLS DR, CHARLESTON, TN 37310. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): REBECCA E. YATES OTHER INTERESTED PARTIES: LUTHER C. YATES, JR. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #33055: 2012-07-18  2012-07-25, 2012-08-01 

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of  Trust dated December 4, 2006, executed by DAWN HAMPTON AN UNMARRIED PERSON,  conveying certain real property therein described to CENTURY TITLE & ESCROW as same appears of  record in the Register’s Office of Polk County, on December 15, 2006, as Instrument No. 06004360, in  Book TD348, at Page 259, and re-recorded on January 8, 2007, as Instrument No. 07000065, in Book  TD349, at Page 340; and  WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF  AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA  COUNTRYWIDE HOME LOANS SERVICING, LP, who is now the owner of said debt; and  WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with  Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to  the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register’s Office of Polk County, Tennessee.  NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and  payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly  appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute  Trustee will, on August 9, 2012, 1:00 PM at the Polk County courthouse door where the foreclosure sales  are customarily held At the Polk County Courthouse, Benton, TN, proceed to sell at public outcry to the  highest and best bidder for cash, the following described property situated in Polk County, Tennessee, to  wit: BEING ALL OF LOT ELEVEN (11), BLOCK “A”, OF THE REVISED PLAT OF HIWASSEE RIVERIA  ESTATES, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 2, PAGE 60, IN THE REGISTER’S  OFFICE OF POLK COUNTY, TENNEESSEE.  PARCEL # 018C-D-006.00 PROPERTY ADDRESS: The street address of the property is believed to be 182 WOODBINE DR., BENTON, TN 37303. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.  CURRENT OWNER(S): DAWN HAMPTON AKA DAWN MICHELLE HAMPTON OTHER INTERESTED PARTIES:  The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.  RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 12-0035351 FEI # 1006.162580 07/18/2012, 07/25/2012, 08/01/2012

NON-RESIDENT NOTICE

IN THE CHANCERY COURT OF POLK COUNTY, TENNESSEE AT BENTON
DOCKET #6572

BARBARA ANN GASKILL MCMAHON VS. THOMAS BURKE MCMAHON
Respondent                Petitioner

PURSUANT TO ORDER FOR PUBLICATION

In the above styled cause, it appearing from the process return that service was not obtained on the above Respondent, Barbara Ann Gaskill McMahon.
Said Respondent is hereby summoned and required to serve an Answer upon this Court and upon Petitioner’s attorney, J. Cris Helton, 102 Historic Robinson Building, 622 Georgia Avenue, Chattanooga, TN 37402 within thirty (30) days after the last insertion of this publication and make defense to the complaint filed in this matter. If Respondent fails to do so, Judgment by Default may be taken against her for the relief demanded in the Complaint.
This notice shall be published for four (4) consecutive weeks in the Polk County News,  a newspaper published in Polk County, TN.
Entered this 13th day of July, 2012.
Kimberly A. Ingram, Clerk & Master

Attorney for Petitioner:
J. Cris Helton
Mitchell Aaron Byrd, PLLC
102 Historic Robinson Building
622 Georgia Avenue
Chattanooga, TN 37402
(423) 265-3001

ORDER FOR NON-RESIDENT NOTICE

Cecilia L. Simmons
VS.                                     #12-CV-100
Dennis A. Simmons

State of Tennessee
County of Polk

In this cause, it appearing from the complain, which is sworn to, that the defendant, Dennis A. Simmons, 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 ordinary process cannot be served upon him/her.
It is, therefore, ORDERED that said defendant file an answer with the Clerk of Courts of Polk County, P.O. Box 256, Benton, Tennessee 37307 within thirty (30) days of the last date of publication, exclusive 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 27th day of June, 2012.
Connie Clark, Clerk of Courts

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on August 2, 2012 at 2:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee pursuant to Deed of Trust executed by Greg King, to G. William Little, III, Trustee, on March 29, 2007 at Book TD356, Page 406; modified at Book TD369, Page 484; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Polk County Register’s Office.
Holder: PNC 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 Third (3rd) Civil District of Polk County, Tennessee, to wit:
Lot 1, containing 1.48 acres (acreage not warranted), more or less; and Lot 2, containing 1.15 acres (acreage not warranted), more or less; for a total of 2.63 acres (acreage not warranted), more or less; of Can U Paddle Subdivision, Phase II, on a plat of survey by Bice Surveying Company, Lowell K. Bice, Tennessee Registered License Surveyor No. 1892, dated May 14, 2004, and recorded in Polk County Records in Plat Book 10, Page 16. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.
Subject to conveyance and reservation of a non-exclusive right of ingress and egress over driveway that begins at Grassy Creek Road and extends over Lots 2, 3, 4 and 5 as shown in Warranty Deed recorded in Polk County Records in Warranty Deed Book 214, Pages 494-6.
Street Address: 136 Riverfront Drive (Per Deed of Trust), 136 River Front Drive (Per Assessor of Property), Copperhill, Tennessee 37317
Parcel Number: 126-049 / 126-050
Current Owner(s) of Property: Greg King and Mary King
The street address of the above described property is believed to be 136 Riverfront Drive (Per Deed of Trust), 136 River Front Drive (Per Assessor of Property), Copperhill, Tennessee 37317, 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. 12-035177

NOTICE OF FORECLOSURE

WHEREAS, by Deed of Trust dated March 21, 2008, of record in Book TD377, page 329, Register’s Office of Polk County, Tennessee, LARRY JUSTIZ, UNMARRIED, did convey unto T. MIKE ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and
WHEREAS, FARM CREDIT SERVICES OF MID-AMERCA, FLCA, is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and
WHEREAS, JOHN T. BOBO was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Book MS143, page 359, Register’s Office of Polk County, Tennessee; and
WHEREAS, the said real estate described in said Deed of Trust is as follows:
LOCATED IN THE THIRD CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:
Lot Four (4), Hiwassee Preserve, Phase I, as shown on plat of record and recorded in Plat Book 10, page 95, in the Register’s Office of Polk County, Tennessee, to which reference is made for a more complete description.
PRIOR TITLE SOURCE:  Being the same property conveyed to Larry Justiz by Deed dated 10th April, 2008, and recorded in the ROPCT in Book 256, page 258, ROPCT.
Subject to any and all government zoning and/or subdivision ordinances and regulations as may be in effect thereon.
Subject restrictions as recorded in Misc. Book 127, page 86 and amending the covenants/restrictions as recorded in Misc. Book 122, page 447 and/or as shown on recorded Plat Book 10, page 95, ROPCT.
Subject to and also conveyed herewith is the right to the use of the 50 foot wide private road as shown on Plat Book 10, page 95, ROPCT.
Subject to all those notes as shown on subdivision plat recorded in Plat Book 10, page 95, ROPCT.
Subject to the fact that the road serving the subdivision as shown on Plat Book 10, page 95 is a private road and will not be maintained by the local or State Highway Department.  Said road maintenance and upkeep is the responsibility of the owners as set out in on Plat book 10, page 95, ROPCT.  Furthermore, the owners are responsible for providing services beyond the limits of the public road.  The private road easement shall also be used as a utility easement.
Subject to a 40 foot wide right of way easement as set out in Deed Book 229, page 168, ROPCT.
Subject to the easement as set out in Deed Book 229, page 168, ROPCT.
Subject to drainage and utility and/or right of way easements on, over, across or through the property.
Subject to the drip field area crossing the entire tract and thus to the rights of all lot owners in the Hiwassee Preserve Subdivision and to the use of the drip field area.
Subject to the Scenic River Easement crossing the subject lot per Plat Book 10, page 95, ROPCT.
Subject to an existing septic system shared by Lots 2, 3 & 4 as set out on plat recorded in Plat Book 10, page 95, ROPCT.
Subject to Polk County and State Health Department regulations and requirements.
WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and
WHEREAS, the maker of said note has defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.
NOW, THEREFORE, I, the undersigned JOHN T. BOBO, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on
September 5, 2012, at 12:00  P.M., at the door of the Polk County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any
    Other interested parties:  Internal Revenue Service
Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.  Said Deed of Trust is made a part hereof as if copied verbatim herein.
This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.
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 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 address of the property is believed to be 154 Morning Dunn Drive, Reliance, TN  37369, 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.  This property is further identified as being Map 38-D, Group A, Parcel 4.00 on the records of the Tax Assessor of Polk County, Tennessee.
    THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 20th day of July, 2012.

John T. Bobo, Substitute Trustee
BOBO, HUNT, WHITE & NANCE
111 W. Side Square
Shelbyville, Tennessee 37160
(931) 684-3327

ATTORNEYS FOR SUBSTITUTE TRUSTEE
To be published July 25, August 1, and August 8, 2012.



TRUSTEE’S NOTICE OF SALE

Whereas, by Deed of Trust dated February 6, 2007, and recorded at Trust Deed Book 353, page 182, in the Register’s Office for Polk County, Tennessee, Bean Mountain Partners, LLC conveyed the hereinafter described property to Gilmer County Bank, Trustee to secure the debts of the Bean Mountain Partners, LLC owing to Gilmer County Bank (now known as Community & Southern Bank as successor in interest to Gilmer County Bank, a division of Appalachian Community Bank, by virtue of Assignment from the FDIC, as Receiver for Gilmer County Bank, a division of Appalachian Community Bank). On June 9, 2011, Walter N. Winchester, of Knoxville, Tennessee, was appointed Successor Trustee by Community & Southern Bank. Default has been made in the payment of said indebtedness, the entire balance has been declared due and payable in full and the owner and holder of said Note has directed me, the undersigned Successor Trustee, to foreclose said Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me by said Deed of Trust, at 10:00 a.m. local time on August 16, 2012, on the front steps of the Courthouse in Benton, Polk County, Tennessee, I will sell the following described Real Estate AT PUBLIC AUCTION to the last, highest and best bidder FOR CASH (on such terms as announced at sale), free from all equitable rights of redemption, statutory right of redemption, homestead, dower, and all other exemptions and redemptive rights of every kind, all of which were expressly waived and surrendered by the terms of said Deed of Trust, subject, however, to such prior encumbrances, easement, leases, objections, restrictions, out-conveyances, ad valorem property taxes (current and delinquent) and any tax liens that may appear of record, the following described real estate (the “Real Estate”):
All that tract or parcel of land lying and being in the First Civil District of Polk County, Tennessee, containing 865.96 acres, more or less, as shown on a plat of survey by Action Survey & Development Company, Charles E. Schaerer, T.R.L.S. No. 700, dated November 9, 2005, and recorded in Polk County Records in Plat Book 10, Page 114. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.
Being and intended to be a portion of the same property conveyed by Warranty Deed dated March 1, 1955, from East Highlands Company in favor of Hiwassee Land Company and recorded in Polk County Records in Warranty Deed Book 45, Pages 108-109.
Being and intended to be a portion of the same property conveyed by Exchange Deed dated September 21, 1970, from the United States of America in favor of Northumberland Corporation and recorded in Polk County Records in Warranty Deed Book 69, Pages 377-383.
Being and intended to be the same property conveyed by Warranty Deed dated November 17, 2005. from Bowater Incorporated (successor by mergers and name changes to Hiwassee Land Company and Northumberland Corporation) in favor of Southern Timber Company and recorded in Polk County Records in Warranty Deed Book 241, Pages 170-173.
Being and intended to be the same property conveyed by Limited Warranty Deed dated August 7, 2006, from Southern Timber Company in favor of Ronald D. Tipton, Stephen Dane Kirby, Travis Colwell and Chris Henson and recorded in Polk County Records in Warranty Deed Book 246, Pages 156-157.
Being and intended to be the same property conveyed by Warranty Deed dated August 7, 2006, from Ronald D. Tipton, Stephen Dane Kirby, Travis Colwell and Chris Henson in favor of Bean Mountain Partners, L.L.C. and recorded in Polk County Records in Warranty Deed Book 247, Pages 159-161.
Subject to all easements, restrictions and rights-of-way as shown on plat recorded in Polk County Records in Plat Book 10, Page 114 and Plat Book 11, Page 5.
Subject to all existing easements and rights-of-way for public roads and highways and public utilities extending into, through, over, or across the above described property as shown in Warranty Deed recorded in Polk County Records in Warranty Deed Book 241, Pages 170-173.
Subject to any easements and/or other encumbrances, whether recorded or unrecorded, if any, serving or affecting the property as shown in Limited Warranty Deed recorded in Polk County Records in Warranty Deed Book 246, Pages 156-157.
Subject to any zoning ordinances, building codes and other land use laws and applicable governmental regulations, if any, affecting the property as shown in Limited Warranty Deed recorded in Polk County Records in Warranty Deed Book 246, Pages 156-157.
Subject to Articles of Organization for Bean Mountain Partners, L.L.C. recorded in Polk County Records in Misc. Book 121, Pages 96-97.
Subject to Minutes and Corporate Resolution of Bean Mountain Partners, L.L.C. recorded in Polk County Records in Misc. Book 121, Pages 167-168.
THERE IS SPECIFICALLY LESS AND EXCEPTED from the above-described property Lots 13, 18, 22 and 24 of The Preserve at Bean Mountain, Phase 1, as shown on plat of record in Plat Book 12, Page 69, in the Polk County Register’s Office.
Said real estate has street addresses of Bean Mountain Road, Rocky Road, Bean Ridge Road,  and The Preserve Way in Polk County, Tennessee. The following tax map parcel numbers may further describe the real estate: 027-008.00, 027-008.01, 027-008.02, 027-008.04, 027-008.05, 027-008.06, 027-008.07, 027-008.09, 027-008.10, 027-008.11, 018-071.00, 018-072.00, 018-073.00, 018-074.00, 018-075.00, 018-076.00, 018-077.00, 018-078.00, 018-079.00, 018-080.00, 018-081.00, 018-083.00, 018-084.00, 018-085.00, 018-086.00, 018-087.00, 018-088.00, 018-089.00, 018-090.00, 018-091.00, 018-092.00, 018-092.01, 018-092.02, 018-092.03, 018-093.00, 018-093.01, 018-093.02, 018-093.03, 018-093.04, 018-094.00, 018-094.01, 018-094.02, 018-094.03, 018-095.00, 018-095.01, 018-095.02, 018-095.03, 018-095.04, 018-096.00, 018-097.00, 018-098.00, 018-099.00, 018-100.00, 018-101.00, 018-102.00 and 018-103.00.
In the event of a discrepancies between the street address and/or a tax map parcel number(s) and the property description, then the property description shall control.
The Real Estate will be sold AS IS WHERE IS with no warranties or representations of any kind, express or implied, and including warranty for a particular purpose. The Successor Trustee may sell the above described Real Estate together as a whole or in lots, parcels, or tracts, as announced at the sale, and no such successive sales shall exhaust the power of sale. The aforesaid sale may be postponed to a later date by oral announcement at the time and place of the published sale or cancelled without further written notice or publication.  The Successor Trustee reserves the right to take or accept the next highest, or best bid, at such sale should the last and highest bidder fail or refuse to comply with the terms of sale for any reason.  In such event, the Successor Trustee shall also reserve the right to reopen the bidding or republish and sell said Real Estate at the option of the undersigned.  The Beneficiary may bid on said Real Estate and the Successor Trustee reserves the right to conduct the sale by or through his agents or attorneys acting in his place or stead, including the use of an auctioneer. The provisions of T.C.A. §35-5-117, if applicable, have been timely complied with by Regions Bank and the Successor Trustee, and any and all notices required by T.C.A §35-5-117 have been timely provided.
OTHER INTERESTED PARTIES:      None
Witness my hand this the 17th day of July, 2012.
                /s/ Walter N. Winchester
Walter N. Winchester, Trustee
Winchester, Sellers, Foster & Steele
Suite 1000, First Tennessee Plaza
800 South Gay Street        Knoxville, Tennessee 37929         Phone:  (865) 637‑1980        
Publish Dates:        July 25, 2012, August 1, 2011    August 8, 2012


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 March 2, 2005, and the Deed of Trust of even date securing the same, recorded April 5, 2005, at Book TD318, Page 584 in Office of the Register of Deeds for Polk County, Tennessee, executed by Nancy E. Tarrant and Nancy E. Tarrant, conveying certain property therein described to Arnold M. Weiss, Esq., Shelby County a resident of 208 Adams Avenue, Memphis TN 38103 as Trustee for Wells Fargo Bank, N.A.; 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 August 20, 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:

Lot Fifty-Nine (59), Sugarloaf Subdivision, Phase II, as shown by plat of record in Plat Book 4, page 101 (B), Register’s Office of Polk County, Tennessee.


ALSO KNOWN AS:  171 Lexie Lane, Ocoee, Tennessee 37361-3816

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:  Nancy E. Tarrant
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. 1286‑221242

    DATED July 16, 2012

INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
              Successor Trustee
    July 25, 2012
    August 1, 2012
    August 8, 2012

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

PUBLIC NOTICE

The Copper Basin Utility District intends to file an application for financial assistance with Rural Development, USDA for a water distribution system improvement project.  The proposed application will be discussed and public information provided at the regular board meeting of Tuesday, August 14, 2012 at 4:00 pm in the Copper Basin Utility District Office.   If anyone needs special attention to attend the meeting, please call 423-496-5744.   All interested parties are invited to attend.

NOTICE OF SUBSTITUTE TRUSTEE`S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated October 27, 2008, executed by James Earl Ross, Joseph Lynn Ross, Margaret McDowell and Judy A. Ross, conveying certain real property therein described to Title One, as Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee recorded November 10, 2008, in Deed Book TD387, Page 382-392; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Polk County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on August 16, 2012 at 11:00 AM at the West Entrance of the Polk County Courthouse , located in Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Polk County, Tennessee, to wit: LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE. BEGINNING AT A POINT IN THE WESTERN RIGHT-OF-WAY LINE OF EASLEY FORD ROAD,SAID POINT BEING THE NORTHEAST CORNER OF THAT PROPERTY CONVEYED TO KIRKLAND IN DEED BOOK 201, PAGE 028, RECORDED IN THE REGISTER`S OFFICE OF POLK COUNTY, TENNESSEE; THENCE NORTH 66 DEGREES, 02 MINUTES WEST WITH AND ALONG KIRKLAND`S NORTHLINE 250 FEET TO A POINT, SAID POINT BEING KIRKLAND`S NORTHWEST CORNER; THENCE SOUTH 5 DEGREES, 33 MINUTES WEST WITH AND ALONG KIRKLAND`S WEST LOT LINE 126 FEET TO A POINT; THENCE NORTH67 DEGREES, 02 MINUTES, WEST 262 FEET TO A POINT;THENCE NORTH 23 DEGREES, 20 MINUTES EAST 280.6 FEET TO A POINT; THENCE SOUTH 66 DEGREES,02 MINUTES, EAST 400.9 FEET TO A POINT IN THE WEST RIGHT-OF- WAY LINE OF EASLEY FORD ROAD; THENCE SOUTHWARDLY WITH AND ALONG THE WEST RIGHT-OF- WAY LINE OF EASLEY FORD ROAD 177.7 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO SURVEY BY BARRY SAVAGE DATED SEPTEMBER 10, 1999. TAX ID#: 107-10.14 BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO JAMES ROSS, MARRIED, JOSEPH ROSS, UNMARRIED AND MARGARET MCDOWELL, UNMARRIED BY JAMES ROSS AND JOSEPH ROSS IN A QUITCLAIM DEED EXECUTED 5/28/2008 AND RECORDED 6/19/2008 IN BOOK 257, PAGE270 OF THE POLK COUNTY, TENNESSEE LAND RECORDS. Parcel ID: 107-10.14 PROPERTY ADDRESS: The street address of the property is believed to be 823 Boanerges Church Road, Old Fort, TN 37362. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): Margaret McDowell, James Earl Ross, Joseph Lynn Ross OTHER INTERESTED PARTIES: Judy A. Ross The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #32955: 2012-07-11  2012-07-18, 2012-07-25 

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