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Public Notices - 8/15/12
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2012
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PUBLIC NOTICE

It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of TCA, Section 40-12-104.
The Grand Jury will next meet at the Polk County Justice Center on Monday, the 27th day of August, 2012 at 1 p.m. and at the Ducktown Courthouse on the 27th day of August, 2012 at 9:00  A.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question.
The foreman for the Benton area is Chuck Sanford, and the foreman for the Ducktown area is Roger Thomasson.

CONNIE CLARK
CLERK OF COURTS


REQUEST FOR BID

The Polk County Board of Education proposes to bid on auditing of the school systems six general activity accounts and five cafeteria accounts for the fiscal year ending June 30, 2012.
Detailed bid forms may be picked up at the Polk County Department of Education in Benton, TN. Bids will be opened at 10:00 am on Tuesday, August 21, 2012 at the Polk County Board of Education. The Polk County Board of Educations reserves the right to reject any and all bids.

NOTICE OF MEETING
POLK COUNTY 9-1-1
BOARD OF DIRECTORS

The Board of Directors of the Polk County 911 Emergency Communications District will meet at 3:00 pm on October 10 at the District Office on Highway 64, or such other location as may be posted, where and which time the Board will consider any matter that may be properly presented. The Board meets at the same time and location on the 2nd Wednesday of the months of February, April, June, August, October and the 1st Wednesday in December, unless notice is otherwise given. The public is invited to all meetings.

Stephen Lofty, Chairman
9-1-1 Board of Directors

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 10, 2008, and the Deed of Trust of even date securing the same, recorded March 12, 2008, at Book TD375, Page 340 in Office of the Register of Deeds for Polk County, Tennessee, executed by Jessie R. Reeves, conveying certain property therein described to Matt B. Murfree as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Guaranty Trust Company, 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 August 27, 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:
    In the First Civil District of Polk County, Tennessee, to wit:
    Beginning at an iron pin located North 68 degrees 2 minutes West, 332.9 feet from an iron pin in the East line of lands of Rex Cronan and wife, Louise Cronan, and the TVA easement right of way, said reference point being South 34 degrees 00 minutes West, 891 feet from an iron pin and is the common corner of lands of Rex Cronan and wife, Louise Cronan, TVA right of way easement, and the Baptist Association property; thence North 68 degrees 2 minutes West, 253.5 feet to an iron pin in the East line of the Pumphouse Road; thence in a Southerly direction with the East line of the Pumphouse Road, 150 feet to an iron pin; thence in an Easterly direction with the North line of the Don Stephens Road, 288.5 feet to an iron pin; thence North 23 degrees 6 minutes East, 165 feet to the point of beginning.
    ALSO KNOWN AS:  286 Camp Agape Road, Benton, Tennessee 37307
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:  Jessie R. Reeves
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. 700‑203524
     DATED July 26, 2012
     INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
              Successor Trustee
    August 1, 2012
    August 8, 2012
    August 15, 2012
               
    FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

NOTICE OF FORECLOSURE

WHEREAS, Evangeline A. Ledford and Charles A. Ledford (together, “Grantor”), by that certain Deed of Trust dated September 4, 2009 (the “Deed of Trust”), recorded in Book TD401, page 262, Register’s Office for Polk County, Tennessee (the “Register’s Office”), conveyed to Appalachian Community Bank, Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by Community & Southern Bank (the “Lender”); and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and
WHEREAS, Madison L. Martin (the “Successor Trustee”) has been duly appointed as Successor Trustee in the place and stead of Appalachian Community Bank, Trustee, by appointment recorded in Book MS144, page 5, Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Madison L. Martin, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Friday, August 24, 2012, at 2:30 p.m. prevailing Eastern time, at the Polk County Courthouse, 6239 Hwy 411, Benton, TN 37307, in the manner further described herein, offer the Property for sale to the highest bidder for cash, free from all right of homestead, equity of redemption, statutory right of redemption, and all other rights and exemptions of any kind, including, but not limited to, a statutory right to an elective share in the Real Property, all of which are expressly waived in the Deed of Trust. The term “Real Property” as used herein shall mean all of Grantor’s right, title and interest in and certain real property situated in Polk County, Tennessee, conveyed to Grantor by deed of record in Book TD401, page 262, Register’s Office, to which reference is hereby made for a complete legal description, together with all the improvements now or hereafter erected on the Real Property, and all easements, rights, appurtenances, rents, royalties, mineral rights, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the Real Property, and all other rights conferred by the Deed of Trust.
In accordance with Tenn. Code Ann. § 47-9-604, the sale of the Real Property will be combined with a sale of any and all personal property covered by or described in the Deed of Trust which under applicable law may be subject to a security interest pursuant to the Uniform Commercial Code as enacted in the State of Tennessee, including, without limitation, any and all proceeds hereof (collectively, the “Personal Property”).
As used herein, the “Property” shall mean the Real Property and the Personal Property.
The street address of the Property is believed to be 105 Eastwood Drive, Copperhill, TN 37317, but such address is not part of the legal description of the Property. In the event of any discrepancy, the legal description herein shall control. The map and parcel number of the Real Property is 115 03600 000.
A review of the records at the Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure:
1.    Any and all unpaid ad valorem taxes payable to Polk County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
2.    All matters as shown on the Plat of record in Plat Book 2, page 150, Register’s Office.
3.    Deed of Restriction by Cities Service Company of record in Deed Book 37, page 329, Register’s Office.
4.    Reservation of mineral rights and all matters pertaining thereto between Cities Service Company and Larry W. Woods and wife, Mrs. Canzada O. Woods, of record in Deed Book 91, page 11, Register’s Office. 
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
The sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, the property is to be sold without any implied warranties of merchantability or fitness for a particular use or purpose. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey her interest in the Property by Successor Trustee’s Deed as Successor Trustee only. A Notice of Right to Foreclose letter was sent to Grantor on May 8, 2012, in accordance with Tenn. Code Ann. § 35-5-117.
The right is reserved to adjourn the day of 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, to sell the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
July 25, 2012                    /s/ Madison L. Martin               
Madison L. Martin, Successor Trustee
STITES & HARBISON PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219

publication dates:
august 1, 2012
august 8, 2012
august 15, 2012

TRUSTEE’S NOTICE OF FORECLOSURE SALE

    WHEREAS, by Trust Deed dated the 30th day of August, 2012, Howard M. Fabian did convey in trust certain land described to secure the original principal amount of Thirty Thousand and 00/100 Dollars ($30,000.00) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of Trust was duly recorded on September 8, 2006 in Trust Deed Book 342, pages 361-365 in the Register of Deeds Office, Polk County, Tennessee, said Deed of Trust and Promissory Note made payable to Appalachian Community Bank n/k/a Peoples Bank of East Tennessee.
    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 7th day of September, 2012 at 1:00 p.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 123 Main Street, Ducktown, Tennessee, to wit:
    Being Lot No. 9 in the City of Ducktown, Polk County, Tennessee fronting 50 feet on Main Street and running back 97 feet to fence line of Elijah Roberts’s property.  Bounded on the West by F.M. Kimsey Estate; on the East by Mrs. O.E. Mankivell, on the south by E.L. Roberts property and on the North by Main Street.
    Subject to existing easements and right of ways for public roads and utilities, if any.  Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations.  Also conveyed herewith is the non-exclusive right of ingress, egress and utility service along existing roads to the subject property.
    Being and intended to be the same property conveyed unto Howard M. Fabian, unmarried by Warranty Deed from Ver-Hu, Inc., and Gerald Hughes, Sr. as sole share holder recorded on September 25, 2003 in Warranty Deed Book 228, pages 140-141 in the Register of Deeds Office, Polk County, Tennessee.
    There is also located upon the above described property underground petroleum storage tanks.  The buyer will be responsible for all clean up and/or removal required by EPA and the State of 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 August 15, 22 and 29, 2012
    Witness my hand this ____ day of ____________________, 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

PUBLIC NOTICE

Notice is hereby given that the Polk County Coordinating Committee has scheduled its first meeting in accordance with Tennessee Code Annotated (TCA) § 6-58-106 subsection (3) for Thursday August 23rd at the Benton Municipal Building at 5:00 P.M.  The Polk County Coordinating Committee will hear information regarding the amendment of the Polk County Growth Plan, in order to reflect the City of Ducktown’s proposed amendment to its Urban Growth Boundary.

Polk County Coordinating Committee

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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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