Notice of the Availability of an
Environmental Assessment
The USDA,
Rural Utilities Service has received an application for financial assistance
from the Town of Benton. As
required by the National Environmental Policy Act and agency regulations, the
Rural Utilities Service has prepared an Environmental Assessment that evaluated
the potential environmental effects and consequences of the proposal. This notice announces the availability
of the Environmental Assessment for public review and comment.
The
proposal consists of development and construction of a second well to provide
needed backup of the Town of Benton’s water system and provide equipment
upgrades at the existing water treatment plant. Possibly locations for the well are with 1,500 feet of the
existing water treatment plant located on Betty Stephens Road, east of the Town
of Benton. Construction will
include installation of a waterline from the new well to the water treatment
plant. Mitigation measures include
silt fencing, straw bales, erosion control fabric, and similar erosion control
techniques to prevent soil migration from excavations. The alternative considered to the
proposal included: finding a new
water source on either the Ocoee or Hiwassee Rivers and construction a new
surface water treatment plant. The
environmental effects and costs of this alternative where considerably greater
than the proposed activity and was therefore not selected.tic
Copies of
the Environmental Assessment are available for review at USDA Rural
Development, 309 A North Market Street, Chattanooga, TN 37405, 423-756-2239 or
6496 HWY 411 North, Benton, TN 37307. For further information contact Clay
Copeland at 423-756-2239. Any person interested in commenting on this proposal
should submit comments to the address above by September 9, 2012.
A general
location map of the proposal is shown below.
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
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
NOTICE OF SALE
A trailer
abandoned at 2095 Bake Bridge Rd, Charleston, TN 37310 will be auctioned off
onsite at 12 noon, September 5th, 2012.
NATIONAL
FOREST STEWARDSHIP PROJECT
CHEROKEE
NATIONAL FOREST
|
The Island Creek Stewardship Project is located approximately
6.5 miles southeast of Benton, Tennessee in Polk County and is located
primarily along Forest Service Road 302. The Forest Service will receive sealed bids at the
Supervisor's Office, 2800 Ocoee Street North, Cleveland, TN, 37312 before 1:00 PM local time on 09/19/2012 for a combination of
timber harvest and stewardship service work items associated with the
stewardship project. Timber to
be cut within the project area includes an estimated volume of 139 CCF of
poplar and miscellaneous hardwood sawtimber, 4 CCF of white oak sawtimber,
619 CCF of mixed oak sawtimber, 1,142 CCF of white pine sawtimber, 1,873 CCF
of yellow pine sawtimber, 1,233 CCF of pine pulpwood and 473 CCF of hardwood pulpwood that
is marked or otherwise designated for cutting. In addition, there is within the contract area an
estimated volume of 116 CCF of hardwood - low grade sawtimber that the bidder agrees
to remove at a fixed rate. One
required stewardship service work item and two optional stewardship work
items are included in the project.
Bids will be evaluated on a best value basis and bidders must submit a
technical proposal describing how timber harvest and stewardship service work
will be completed, as well as, a sump sum bid for the timber and the per unit
rate for completing the stewardship service work items. Offers will not be publicly opened or
disclosed. The Forest
Service reserves the right to reject any and all bids. A prospectus, bid form, blank
technical proposal form, blank past performance form and complete information
concerning the timber, the service work required in this contract, and the process to submit bids is available to the public from the Supervisor's
Office, 2800 Ocoee Street North, Cleveland, TN 37312 (423-476-9700) or the
Ocoee District Office, 3171 Highway 64, Benton, Tennessee 37307-5823
(423-338-3300). A show-me trip
to examine the project area will take place on September 5, 2012 at 9:00 AM. Interested parties will meet at the
Ocoee Ranger District office located on Highway 64.
|
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 May 8, 2008, of
record in TD Book 379, Page 84, Register’s Office for Polk County, Tennessee
(“ROPCT”) and as modified in TD Book 391, Page 392 ROPCT, modified in TD Book
401, Page 213 ROPCT, from PAUL MCCLARY and wife, CARRIE MCCLARY (“Borrower”) to William P. Biddle
(“Trustee”) 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
WHEREAS, the undersigned,
DOUGLAS R. JOHNSON, Successor Trustee, having been appointed Successor Trustee
on May 15, 2012 of record in Book MS 144, page 53, said Register=s Office, to serve in the
place and stead of said Trustee; and
WHEREAS, Notice of the right
to Foreclose (“Notice”) was not necessary as this is rental property or vacant;
and
NOW, THEREFORE, I, Douglas R.
Johnson, Trustee, pursuant to said Deed of Trust, having been requested by
First Volunteer Bank (“FVB”), 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 September 20, 2012 at 1:30 p.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:
This property is commonly
known as: 135 Poplar Street, Benton,
Polk County, TN Tax Map & Parcel 045-D-010.00 and 262 Circle R
Drive, Benton, Polk County, TN, Tax Map & Parcel 035G-A-011.00. The legal description for each property
is contained in TD Book 379, Page 84 ROPCT. Certain property may have been released from this Deed of
Trust, see DB 252, Page 355 and DB 230, Page 256 ROPCT.
Both properties are subject
to: a Judgment Lien filed by Capital One Bank (USA), N.A. recorded April 5,
2010 in Book 13, Page 256 ROPCT; and a Judgment Lien filed by Capital One Auto
Finance, a division of Capital One, N.A. recorded October 27, 2011 in Book 14,
Page 143 ROPCT. Notice of
the Trustee=s foreclosure sale has been provided to these
interested parties. One of the properties is subject to all matters as shown on
plat of record in Plat Book 4, page 13 & Revised Plat in PB 12, page 5
ROPCT and Restrictions in Misc. BK 56, PG 81 ROPCT. Both properties are subject to the deed of trust at TD Book
378, page 466 ROPCT held by FVB. A
release price for same will be announced at the foreclosure.
In addition, the 262 Circle R
Drive property is subject to a Deed of Trust held by David Burgess recorded
August 30, 2007 in Book 253, Page 65 ROPCT and the 135 Poplar Street property was conveyed to Barbara Leonard and is
subject to a Deed of Trust from Barbara Leonard and Richard Leonard recorded
February 16, 2012 in Book 430, Page 92 to Southern Heritage Bank. FVB released
a portion of this property at BK\PG: MS 144/433-434 filed 08/09/12.
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: August 20, 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 FORECLOSURE SALE
STATE OF TENNESSEE, POLK COUNTY
WHEREAS, Howard
M. Fabian executed a Deed of Trust to The Home Bank, Lender and TRI State Land
Title, Trustee(s), which was dated December 11, 2001 and recorded on December
13, 2001 in Book TD267 at Page 510, Polk County, Tennessee
Register of Deeds.
WHEREAS, default having been made in the payment of
the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the
current holder of said Deed of Trust, Branch Banking and Trust Company, (the
“Holder”), appointed the undersigned, Brock
& Scott, PLLC, as Substitute Trustee, by an instrument duly recorded
in the Office of the Register of Deeds of Polk
County, Tennessee, with all the rights, powers and privileges of the original
Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that
the entire indebtedness has been declared due and payable as provided in said
Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in
it, will on September 11, 2012, at 12:00PM
at the usual and customary location at the Polk County Courthouse,
Benton, Tennessee, 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:
Parcel
ID Number: 115C C 017 (Tract one) 115C C
008.02 (Tract two)
Address/Description:
134 Muncher Street, Ducktown, TN 37326.
Legal
Description in Book 205, Page 75 of
Conveyance Deed, Register’s office for Polk County, Tennessee.
Current Owner(s): Howard M. Fabian.
Other Interested Party(ies): Midland Funding, LLC; Discover Bank;
Discover Bank; and Branch Banking and Trust Company.
The sale of the property described above shall be
subject to all matters shown on any recorded plat; any and all liens against
said property for unpaid property 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; a deed of trust; and any
matter than an accurate survey of the premises might disclose; and
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 right is reserved to adjourn the
day of the sale to another day, time, and place certain without further publication,
upon announcement at the time and place for the sale set forth above.
This
office is attempting to collect a debt.
Any information obtained will be used for that purpose.
Brock
& Scott, PLLC, Substitute Trustee
M.Todd
Jackson, TN BPR 23455
Brock
& Scott, PLLC, Substitute Trustee
c/o
Tennessee Foreclosure Department
5431
Oleander Drive, Suite 200
Wilmington,
NC 28403
PH:
888-251-0331 FX: (910) 392-8597
File No.: 12-19580
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on September 27, 2012 at 12:00PM
local time, at the west door, Polk County Courthouse, Benton, Tennessee,
conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of
Trust executed by Walter Speckert a/k/a Walter A. Speckert, an unmarried man,
and Arlene Kist a/k/a Arlene T. Kist, an unmarried woman, to FMLS, Inc.,
Trustee, on May 22, 2009 at Book TD396,
Page 107; all of record in the Polk County Register's Office.
Holder: Regions Bank DBA Regions Mortgage
The following real estate
located in Polk County, Tennessee, will be sold to the highest call bidder
subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in the First Civil District of Polk County,
Tennessee, and more particularly described as follows:
Tract One: A certain piece or parcel of land triangularly shaped in the
Northwest Quarter of Section Twenty-three (23), Township One (1)
East of the Basis Line, Ocoee District, and more particularly described
as follows:
BEGINNING at a certain rock pile corner, established by survey May 17, 1933;
thence running South 67 degrees 15 minutes West, 885 feet with the line of
Cloud to the Benton-Parksville Road; thence South 39 degrees 15 minutes East,
416 feet with said Road to an iron stake; thence North 39 degrees 48 minutes
East, 865 feet to the BEGINNING corner marked by said pile of rocks as
aforesaid. There is EXCEPTED from this Tract a small portion of land conveyed
to Stella McDonald to square up a corner. Said deed is recorded in Deed Book
49, page 21, Register's Office of Polk County, Tennessee.
Tract Two: Lying and being near Parksville, Tennessee and between the old and
new Matlock Valley Road beginning at the Western corner of the tract here
conveyed and where the old Matlock Valley Road and the new Matlock Valley Road
intersect; thence in a Northeastern direction about 221 feet to the North-South
line which divides the Webb-Prince property at or near a rock wall; thence in a
Southern direction, 76 feet to the new Matlock Valley Road right of way; thence
in a Northwestern direction, 245 feet to the point of BEGINNING. Said area is
triangular in shape and lies in front of the present home of Mr. and Mrs. E. L.
Prince. Said area being that space which lies between the old and new roads
above described.
LESS AND EXCEPT property conveyed to Thomas R. Tohill as recorded December 13,
2005 in Deed Book 241, page 442, Register's Office of Polk County, Tennessee.
Street Address: 278 Parksville Road, Benton, Tennessee 37307
Parcel Number: 076-015
Current Owner(s) of Property: Walter Speckert, unmarried, and Arlene
Kist, unmarried, tenants in common with right of survivorship
The street address of the above described property is believed to be 278
Parksville Road, Benton, Tennessee 37307, but such address is not part of the
legal description of the property sold herein and in the event of any
discrepancy, the legal description referenced 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.
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.
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. 12-036515
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