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Public Notices - 8/22/12
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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.



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.






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



A trailer abandoned at 2095 Bake Bridge Rd, Charleston, TN 37310 will be auctioned off onsite at 12 noon, September 5th, 2012.



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.





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











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



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.


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


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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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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