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NOTICE OF SUBSTITUTE TRUSTEE=S SALE

WHEREAS, FIRST BANK OF TENNESSEE is the holder of the following deeds of trust, securing an indebtedness as therein set forth, covering certain real estate hereinafter described, located in Rhea County, Tennessee:
Grantor(s): DAVID BURGESS AND CYNTHIA BURGESS; date executed: November 10, 2004, recorded in Trust Book 312, pg. 621, et. seq., Register=s Office, Polk County, Tennessee and deed of trust executed: May 16, 2009, recorded in Trust Book 395, pg. 191, et. seq., Register=s Office, Polk County, Tennessee and for the benefit of First Bank of Tennessee, and naming David Humberd, Trustee; and
WHEREAS, J. Shannon Garrison, Attorney, has been appointed substitute trustee under the said deeds of trust.  See MS Book 145, pg. 24, Register=s Office, Polk County, Tennessee; and
WHEREAS, default has occurred in the payment of the indebtedness secured by said deed of trust, and First Bank of Tennessee, as owner and holder, has authorized and instructed the Trustee to foreclose the deed of trust in accordance with the terms thereof, and the public is hereby notified that the undersigned Trustee will sell the hereinafter described real estate at public auction to the highest and best bidder for cash in hand at the west entrance of the POLK COUNTY COURTHOUSE IN BENTON, TENNESSEE, at 10:00 A.M., Eastern, on October 26, 2012.  Said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it.
The real estate to be sold is located is described as follows:
    TRACT ONE:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
BEGINNING at an iron pin in the West line of Mull Road at its Intersection with the Southwest line of Katherine Freeman, being the property acquired in Deed Book 106, page 18; thence along the line of Mull Road, South 10 deg 20’ 11” West, 521.14 feet; thence continuing along said Road, South l0 deg 40’ 0” West, 241.86 feet to an iron pin; thence along the line of Woody, North 62 deg 43’ 0” West, 921.91 feet; thence along the Bradley County line, North 24 deg 34’ 57” East, 212.98 feet; thence continuing along said County line, North 25 deg 53’ 44” East, 396.09 feet; thence along the line of Wilson, South 58 deg 29’ 54” East, 209.00 feet; thence along the end of a public road, South 45 deg 57’ 31” East, 30.20 feet; thence along the line of said Road, North 38 deg 32’ 2” East, 77.60 feet; thence along the line of Freeman, South 71 deg 10’ 4” East, 473.11 feet to the beginning point. Said tract containing 12.7 acres, more or less.
LESS AND EXCEPT LOT 1 BURGESS MULL ROAD PROPERTY as shown by plat of record in Plat Book 11, page 96 Register’s Office of Polk County, Tennessee conveyed to Charles Michael Woody and Paul McClary by deed of record in Deed Book 249, page 34.
LESS AND EXCEPT that .65 acres, more or less, released by the First Bank of Tennessee and fully described in MS Book 134, page 315 and Deed Book 271, page 246, Register’s Office of Polk County, Tennessee.
SUBJECT TO Any governmental zoning and/or subdivision ordinances or regulations in effect thereon
    TRACT TWO:
    LOCATED IN POLK COUNTY, TENNESSEE:
Lots Thirty-Seven (37), Fifty-One (51), Fifty-Two (52), Fifty-Three (53), Fifty-Five (55), Cherokee Subdivision as shown by p1at of record in Flat Book 1, page 57, in the Register’s Office of Polk County, Tennessee. Being part of the same real estate conveyed by deed recorded in Deed Book 208, page 255, in the said Register’s Office.
SUBJECT to restrictive covenants as set out in instrument recorded in Deed Book 208, page 255, in the said Register’s Office.
SUBJECT to all notes, restrictions, casements, regulations, requirements, and right of ways as shown on recorded plat.
SUBJECT to the right of way for US Highway 64.
SUBJECT TO Any governmental zoning and/or subdivision     
ordinances or regulations in effect thereon.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply.  The right is reserved to reject all bids as insufficient.  The right is also reserved to adjourn the sale to another day certain without further publication, upon announcement before or during the sale.
The title to this property is believed to be good, but is sold as Trustee only.
Other interested parties are: Joshua Burgess.
This is an effort to collect a debt; any information obtained will be used for that purpose.
This is a communication from a debt collector.  This 30th day of August 2012.    
J. Shannon Garrison
Attorney at Law
1598 Market Street, Suite 1
Dayton, Tennessee 37321
  (423) 570-0555

NOTICE OF SUBSTITUTE TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust from Christopher Jason Pankey and Karen D. Pankey, (“Borrower”) to First American Title Company, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc., solely as nominee for Americash, dated February 23, 2007 and recorded on September 12, 2007 in Book 366, Page 35, and further assigned to HSBC Bank USA, National Association, as Trustee for Carrington Mortgage Loan Trust, Series 2007-HE1 Asset-Backed Pass-Through Certificates in the Register’s Office for Polk County, Tennessee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and The undersigned, Trustee Management Company, Successor Trustee, having been appointed Successor Trustee in instrument dated January 24, 2012 of record in Instrument No. 12000284, Book MS143, Page 50, said Register’s Office, to serve in the place and instead of First American Title Company, Trustee;
NOW, THEREFORE, I, Trustee Management Company, Successor Trustee, pursuant to said Deed of Trust, having been requested by HSBC Bank USA, National Association, as Trustee for Carrington Mortgage Loan Trust, Series 2007-HE1 Asset-Backed Pass-Through Certificates, 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 October 31, 2012 at 11:00 AM, at the County Courthouse, in 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 property described in the above referenced Deed of Trust, being the same property described in a Deed dated February 23, 2007, recorded on September 12, 2007 in Book 253 Page 159 in Polk County, Tennessee: Parcel No.: 045J A 03500 000 More commonly known as: 160 Riverside Dr., Benton, TN 37307 The property is encumbered by no liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Polk County, Tennessee. This property is encumbered by no liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Polk County, Tennessee. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. 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. Notice has been provided under T.C.A. § 35-5-117.
 KNOWN INTERESTED PARTIES: Buffaloe & Associates, attorney for Cach, LLC Trustee Management Company Successor Trustee 10975 El Monte, Suite 225 Overland Park, KS 66211 NOTICE This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. Pursuant to the Fair Debt Practices Collections Act no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction.
 Ad #38375: 2012-10-10  2012-10-17, 2012-10-24 

TRUSTEE’S NOTICE OF FORECLOSURE SALE

WHEREAS, by Trust Deed dated the 5th day of May, 2006, Kimberly Watkins did convey in trust certain land described to secure the original principal amount of Fifty-Two Thousand, Seven Hundred Forty-One and 35/100 Dollars ($) as evidenced by a promissory note duly incorporated in said Deed of Trust by reference and said Deed of Trust was duly recorded on May 9, 2006 in Trust Deed Book 335, pages 398-402 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 4th day of October, 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 121 Old Farner Road, Turtletown, Tennessee, to wit:
SURFACE ONLY
    Situated in District No. Three (formerly Seventh) Civil District of Polk County, Tennessee, in the Southwest quarter and Northwest quarter of Section 5, Fractional Township 3 South, Range 5, East of the basis line of the Ocoee District in Polk County, Tennessee, and being more particularly described as follows:
Beginning at an intersection of Old Farner Road and the road that runs in a northwesterly direction by the Turtletown School; thence running with Old Farner Highway Northeast 85 feet to an iron rod; thence a northwestern direction 150 feet to an iron rod; thence southwestern direction 65 feet to road running by Turtletown School; thence with said road a southeastern direction 150 feet to the Beginning corner, containing, by estimation, one half acre, more or less, and being a part of the land purchased from Tennessee Copper Company by deed of September 18, 1935.
Subject to all prior easements, right of ways and restrictions, visible or otherwise.
Subject to existing easements and right of ways for public roads and utilities, if any.  Also 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 the same property conveyed to Kimberly Watkins by warranty deed from Joyce Brendle recorded on May 9, 2006 in Warranty Deed Book 244, pages 158-159 in the Register of Deeds Office, Polk County, 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 September 12, 19 and 26, 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 SUBSTITUTE TRUSTEE=S FORECLOSURE SALE
WHEREAS, IVAN PRINCE and PAMELA J. PRINCE executed a deed of trust securing RIVER VALLEY AGCREDIT, successor by merger to CHATTANOOGA AGRICULTURAL CREDIT ASSOCIATION of record in TD Book 375, page 334-339, in the Register=s Office of Polk County, Tennessee, said deed of trust being incorporated by this reference, and RIVER VALLEY AGCREDIT is the owner and holder of the note secured by said deed of trust;
WHEREAS, said note is in default and the default has not been cured, despite demand;
WHEREAS, GEORGE N. McCOIN, was appointed substitute trustee by instrument recorded in Book MS144, page 231-232, in the Register=s Office of Polk County, Tennessee;
WHEREAS, per T.C.A. 35-5-117, if required, a “Notice of Right to Foreclose” was sent by the lender, trustee or substitute trustee sixty (60) days prior to first publication to the debtor and any co-debtor or guarantor;
WHEREAS, a copy of the Notice of Sale was sent on or before the first date of publication to the mortgagor and any co-debtor as required by T.C.A. 35-5-101. 
WHEREAS, the owner and holder of the note has directed the substitute trustee to proceed with foreclosure;
NOW, THEREFORE, I, GEORGE N. McCOIN, SUBSTITUTE TRUSTEE, will on
Tuesday, October 30, 2012 @ 11:00 a.m.
local time, sell the hereindescribed property at the main door of the courthouse at Benton, Polk County, Tennessee.  The property will be sold to the highest and best bidder for cash, and in bar of the equities of redemption, homestead, dower, and right of redemption, the following described real estate:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
LOT TWENTY-FOUR (24), OCOEE MOUNTAIN CLUB, PHASE I, as shown by Plat of record in Plat Book 11, Page 125, in the Register’s Office of Polk County, Tennessee to which reference is hereby made for a more complete description.
Being the same property conveyed to Ivan Price and wife, Pamela J. Prince by Warranty Deed from Ocoee Land Holdings, LLC, a Tennessee Limited Liability Company dated March 4, 2008, and recorded in Warranty Deed Book 256, Page 18, in the Register’s Office of Polk County, Tennessee.
SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
SUBJECT to any applicable covenants and restrictions.
SUBJECT to any fixture filings that have priority over the lien being foreclosed.
Said sale is subject to all unpaid taxes, assessments, and prior liens with priority of the lien being foreclosed.  Further subject to any tenant rights not cut off by this foreclosure.
Trustee will sell and convey as trustee only.  The above property is sold Awhere is, as is@.
The property address is believed to be: 135 Casson Road, Ocoee, TN 37362
Governmental Entity Tax Liens: None.
Other Interested Parties: None.
Witness my hand this 28th day of September, 2012.
/s/ George N. McCoin
George N. McCoin, Substitute Trustee
Publication dates: October 3, 2012; October 10, 2012; and October 17, 2012
ATHIS LAW FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED CAN BE USED FOR THE PURPOSE
OF COLLECTING THAT DEBT@




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 October 4, 2007, and the Deed of Trust of even date securing the same, recorded October 11, 2007, at Book TD368, Page 55 in Office of the Register of Deeds for Polk County, Tennessee, executed by Tammy Renee Free Ellis a/k/a Tammy R. Ellis, conveying certain property therein described to Arnold M. Weiss, Esq. 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 October 29, 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:
The following described real estate in the First Civil District of Polk County, Tennessee:
Beginning at an iron pin located at the Southwest corner of the tract herein conveyed which pin also establishes the Northwest corner of the lands of McWilliams, formerly Alloway, and which pin is also located in the East line of the lands of Johnson; thence South 65 degrees 45 minutes East along the Northern line of the McWilliams property, a distance of 200 feet to an iron pin; thence North 24 degrees 15 minutes East, a distance of 200 feet to an iron pin; thence North 65 degrees 45 minutes West, a distance of 200 feet to an iron pin which establishes the Northwestern corner of the tract herein conveyed as well as the Southeastern corner of the lands of Hicks and the Northeastern corner of the lands of Johnson; thence South 24 degrees 15 minutes West, along the Eastern line of Johnson, a distance of 200 feet, more or less to the iron pin marking the point of beginning.
Grantors also convey a right of way for the purpose of ingress and egress beginning at Mountain View Road, said right of way being 20 feet in width and running adjacent along the Northern boundary of the Grantors to the point where the lands of the Grantors meet the lands of William Oliver Ellis, thence the right of way runs across the lands of the Grantors in a Southeastwardly direction and adjacent to the East line of Hicks into the tract herein conveyed.
ALSO KNOWN AS:  127 Owens Drive, Benton, Tennessee 37307-4639
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:  Tammy Renee Free Ellis a/k/a Tammy R. Ellis
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. 1286‑227600
DATED September 24, 2012
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
DSaleNoticeTN-Shellie_msherrod_120924_1506
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

NOTICE OF FORECLOSURE

WHEREAS, Beverly Ann Maloof a/k/a Beverly S. Maloof and Husband, Ferris A. Maloof (“Grantor”), by that certain Deed of Trust dated September 29, 2005, recorded as Instrument No. 05003604, Book TD328, Page 163, (the “Deed of Trust”), in the Register’s Office of Polk County, Tennessee (the “Register’s Office”), which was an amendment and/or restatement of that certain prior Deed of Trust recorded at Book 264, page 280, and Book 279, page 278, and Book 311, page 251, said Register’s Office, conveyed to Laura M. Crawford, 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, as successor-in-interest to Appalachian Community 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, Ronald G. Steen, Jr. (the “Successor Trustee”) has been duly appointed as Successor Trustee in the place and stead of Laura M. Crawford, Trustee, by appointment recorded as Instrument No. 12001968, Book MS145, page 62, Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Ronald G. Steen, Jr., Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Monday, October 22, 2012, at 11:30 a.m. prevailing Eastern time, at the Polk County Courthouse, Highway 411, Benton, TN 37307, in the manner further described herein, offer the Property, as such term is hereafter defined, for sale to the highest bidder for cash, and free from equity of redemption, and any statutory or common law right of redemption, homestead, dower, marital share, and all other exemptions, 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 to the following described real property, together with all improvements now or hereafter erected on the Property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or heareafter a part of the Property, situated in Polk County, Tennessee, described as follows (the “Property):
Tract I: 51 Ocoee Street
A certain tract of land situated in the Third Civil District of Polk County, Tennessee and within the City limits of the City of Copperhill, Tennessee, being more particularly described as follows:
Being in the Riverside Addition to the City of Copperhill, formerly known as the town of McCays, Tennessee, being a part of Lot No. 31 in Block No. 6, same being the Eastside of said lot and fronting on the South side of Toccoa Street.
BEGINNING at the Northwest corner of the property herein conveyed, said point being located South 48 Deg. 45” East a distance of 52.5 feet from the Northwest corner of the Maloof Store Building at the intersection of Grand Avenue and Ocoee Street; thence South 48 deg. 45’ East a distance of 27.3 feet to the property of Ferris Maloof (The Sportery); thence South 41 deg. 15’ West a distance of 90.0 feet; thence North 48 deg. 35’ West a distance of 27.3 feet to the Maloof Building; thence 41 deg. 15’ East a distance of 90 feet to the BEGINNING point on Ocoee.  There is located upon said tract of land a one-story brick building known as the Sneed Jewelry Store Building, including store fixtures and tools.
Subject to existing easements and right of ways for public roads, if any.  Also subject to Polk County, Tennessee Subdivision Regulations, if any.
This conveyance made together with right of ingress, egress and utility service along existing roads to the subject property.
THIS BEING THAT SAME PROPERTY CONVEYED UNTO Ferris A. Maloof and wife, Beverly Ann Maloof by Warranty Deed from Sheridan E. Snyder, Trustee, recorded on January 9, 2000, in Book 212, page 258 in the Register of Deeds Office, Polk County, Tennessee.
Tract II: Main Street
Being a tract of land situated in the Third Civil District of Polk County, in the City of Copperhill, Tennessee, fronting on Main Street approximately Ninety-six and one-half (96 ½) feet, and extending back to the right-of-way of the L&N RR Co. Bounded on the North by Main Street, on the East by the property of H. C. Dickey; on the South by the right-of-way of the L&N RR Co., and on the West by the property of Mrs. M.C. King.
BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO Beverly S. Maloof by Warranty Deed from The Kiwanis Club of Copperhill, Tennessee recorded in Warranty Deed Book 149, pages 71-73 in the Register of Deeds Office, Polk County, Tennessee.
The street addresses of the Property are believed to be 51 Ocoee Street, Copperhill, TN,  and Main Street, Copperhill, TN, but such addresses are not part of the legal description of the Property. The Map and Parcel No[s]. of the Property are 136E-Group I-Parcel 25; and 136E-Group E-Parcel 6, respectively.  In the event of any discrepancy, the legal description herein shall control.
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. Any and all unpaid ad valorem taxes payable to the City of Copperhill, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
3, Subject to Restrictions, dedications, conditions, reservations, easements and other matters shown on plat at Plat Book 2, page 100, said Register’s Office.
4. Any lien, right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law.
5. Taxes and/or assessments levied or assessed against the Property pursuant to the provisions of T.C.A. § 67-5-601, et seq.
6. Rights and claims of parties in possession.
7. Any discrepancies, conflicts, easements, boundary line disputes, encroachments or protrusions, or overlapping of improvements which would be disclosed by an inspection and/or accurate survey of the Property.
    8. 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 his interest in the Property by Successor Trustee’s Deed as Successor Trustee only.
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.
This 19th day of September, 2012.
/s/ Ronald G. Steen, Jr.
Ronald G. Steen, Jr., Successor Trustee
STITES & HARBISON, PLLC
401 Commerce Street
Suite 800
Nashville, TN  37219-2376
Telephone:  (615) 782-2200

publication dates:
September 26, 2012
October 3, 2012
October 10, 2012

NOTICE OF FORECLOSURE SALE

Rodger E. Jones (the “Borrower”) conveyed to BB&T Collateral Service Corporation, as Trustee, real property in Polk County, Tennessee by Tennessee Deeds of Trust, Security Agreements and Fixtures Filings dated July 17, 2007, recorded July 30, 2007 in Book TD362, at page 460 and at page 470 in the Register’s Office of Polk County, Tennessee, which were modified by Modification of Promissory Notes and Deeds of Trust dated August 19, 2009, recorded September 9, 2009 in Book TD400, page 406 in said Register’s Office (collectively, the “Deeds of Trust”) to secure payment and performance of the debts  described in the Deeds of Trust.
Branch Banking and Trust Company (the “Bank”) is the owner and holder of the debt secured by and the beneficiary of the Deeds of Trust.
The Bank, as such owner, holder and beneficiary, appointed Richard B. Gossett as Substitute Trustee by Appointments of Substitute Trustee recorded in Book MS137, page 239 and in Book MS138, page 60 in said Register’s Office.
Default has been made in the payment of the debt secured by the Deeds of Trust.  The Bank has declared the entire balance due and payable and has instructed the Substitute Trustee to foreclose the Deeds of Trust in accordance with its terms.
NOW, THEREFORE, the Substitute Trustee, on Thursday, October 25, 2012, commencing at 10:30 a.m. at the main entrance of the Polk County Courthouse in Benton, Tennessee, will offer for sale and sell at public auction to the highest and best bidder for cash property therein conveyed and described as follows:    
TRACT I:  A certain parcel of land situated in the Third Civil District of Polk County, Tennessee, being located in Section 27, Fractional Township 3 South, Range 5, East of the Ocoee Basis Line, and designated as the 5.73 acre tract on the plat of survey for James Sluder made by Phillip G. Allen, Tennessee Registered Land Surveyor, dated October 1992, recorded in Plat Book 8, page 92 in the Polk County, Tennessee records, which reference is made for the purpose of incorporating the same as a part herein.  Together with and subject to all rights-of-way and easements of record and specifically the 50 feet wide easement over the existing gravel road as well as all easements and rights of way for the pond and dam, as shown on the aforementioned plat and any and all plats of the properties of Ducks Nest.  Subject to the following restriction: No trailers or mobile homes shall be located on subject property.  Subject to any oil, gas or mineral interest of record which has not otherwise been extinguished by law and is subject to any and all restrictions, reservations and utility easements.  Subject to existing easements and rights of way for public roads and utilities, if any.  Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations.  Together with the non-exclusive right of ingress, egress and utility service along existing roads to the subject property.  Being the same property conveyed by Warranty Deed recorded in Book 201, page 245 in the Register’s Office of Polk County, Tennessee.   
TRACT II:  A certain parcel of land situated in the Third Civil District of Polk County, Tennessee, being located in Sections 22 and 27, Fractional Township 3 South, Range 5, East of the Ocoee Basis Line, and containing 4.85 acres, more or less, as shown on the plat of survey for W. M. Sluder made by Lane S. Bishop, Tennessee Registered Land Surveyor No. 1324, dated January 1989, recorded in Plat Book 8, page 91 in the Polk County, Tennessee, records, which reference is made for the purpose of incorporating the same as a part herein.  Together with and subject to all rights of way and easements as shown and delineated on the aforementioned plat.  Subject to any oil, gas or mineral interest of record which has not otherwise been extinguished by law.  Subject to the following restriction: No trailers or mobile homes shall be located on subject property.  Subject to existing easements and rights of way for public roads and utilities, if any.  Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations.  Together with the non-exclusive right of ingress, egress and utility service along existing roads to the subject property.  Being the same property conveyed by Warranty Deed recorded in Book 201, page 247 in the Register’s Office of Polk County, Tennessee.   
TRACT III:  A certain parcel of land situated in the Third Civil District of Polk County, Tennessee, being located in Section 27, Fractional Township 3 South, Range 5 East of the Ocoee Basis Line, containing 10.0 acres as per plat of survey for Rodger Jones made by Phillip G. Allen, Tennessee Registered Land Surveyor, dated April 2001, recorded in Plat Book 8, page 432 in the Register’s Office of Polk County, Tennessee, which reference is made for the purpose of incorporating the same as a part herein.  Together with and subject to the 50 feet wide easement along the existing 10 feet wide dirt road a shown on said plat.  Subject to any oil, gas or mineral interest of record which has not otherwise been extinguished by law and subject to any and all restrictions, reservations and utility easements.  Subject to existing easements and rights of way for public roads and utilities, if any.  Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations.  Together with the non-exclusive right of ingress, egress and utility service along existing roads to the subject property.  Being the same property conveyed by Warranty Deed recorded in Book 220, page 91 in the Register’s Office of Polk County, Tennessee.
The sale shall be in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in the Deeds of Trust, but subject to the following:  (a) unpaid taxes against the property; (b) recorded easements, restrictions, conditions, covenants, rights-of-way or subdivision plats affecting the property; (c) dedication of roads affecting the property and applicable governmental zoning and subdivision ordinances and regulations, (d) prior or superior liens, judgments, deeds of trust or other interests of record; and (e) matters that an accurate survey of the property might disclose.
Notice has been given pursuant to the provisions of 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, and T.C.A. §§ 50-7-404(i)(2)(B) and 67-1-1433(b)(2) and Rule 1320-2-1-.35, if applicable.   
The Property Is To Be Sold Without Covenants Or Warranties, Whether Express Or Implied, Including Without Limitation, Warranties Of Merchantability Or Fitness For A Particular Use Or Purpose.   
The following items recorded in said Register’s Office may be adversely affected by the foreclosure sale:  Judgment in the case of Tows Jon Boy v. Roger Jones dated October 16, 2007, recorded October 22, 2007 in Lien Book 11, page 394.   
Substitute Trustee, at his sole discretion, at the time and place appointed above for the sale, to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances, reserves the right to do any or all of the following:   
1.  Postpone the sale of all or any portion of the property by public announcement at such time and place of sale, and from time to time thereafter postpone such sale by public announcement at the time fixed by the preceding postponement or subsequently noticed sale, and, without further notice, make such sale at the time and place fixed by the last postponement, or in his discretion, give a new notice of sale.
2.  Appoint an agent to sell the property in accordance with the power of sale contained in the Deeds of Trust and to take other action which the Substitute Trustee may take thereunder.
3.  Elect to delay the sale for a reasonable time during regular business hours on the same day to be continued at the same place at the announced time in order to enable any bonafide bidder to determine and submit a bid, so long as no potential purchaser is thereby precluded from placing a bid.
4.  Elect to sell the property in any other manner or manners as may accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances.
The failure of the high bidder to close this sale shall 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 capable and willing to comply with the terms thereof. 
The proceeds of the sale will be applied as provided in the Deeds of Trust.
/s/ Richard B. Gossett, 633 Chestnut Street, Suite 1800, Chattanooga, Tennessee 37450, 423-756-2010.

NOTICE OF SUBSTITUTE TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust from Christopher Jason Pankey and Karen D. Pankey, (“Borrower”) to First American Title Company, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc., solely as nominee for Americash, dated February 23, 2007 and recorded on September 12, 2007 in Book 366, Page 35, and further assigned to HSBC Bank USA, National Association, as Trustee for Carrington Mortgage Loan Trust, Series 2007-HE1 Asset-Backed Pass-Through Certificates in the Register’s Office for Polk County, Tennessee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and The undersigned, Trustee Management Company, Successor Trustee, having been appointed Successor Trustee in instrument dated January 24, 2012 of record in Instrument No. 12000284, Book MS143, Page 50, said Register’s Office, to serve in the place and instead of First American Title Company, Trustee;
NOW, THEREFORE, I, Trustee Management Company, Successor Trustee, pursuant to said Deed of Trust, having been requested by HSBC Bank USA, National Association, as Trustee for Carrington Mortgage Loan Trust, Series 2007-HE1 Asset-Backed Pass-Through Certificates, 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 October 31, 2012 at 11:00 AM, at the County Courthouse, in 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 property described in the above referenced Deed of Trust, being the same property described in a Deed dated February 23, 2007, recorded on September 12, 2007 in Book 253 Page 159 in Polk County, Tennessee: Parcel No.: 045J A 03500 000 More commonly known as: 160 Riverside Dr., Benton, TN 37307 The property is encumbered by no liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Polk County, Tennessee. This property is encumbered by no liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Polk County, Tennessee. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. 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. Notice has been provided under T.C.A. § 35-5-117.
 KNOWN INTERESTED PARTIES: Buffaloe & Associates, attorney for Cach, LLC Trustee Management Company Successor Trustee 10975 El Monte, Suite 225 Overland Park, KS 66211 NOTICE This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. Pursuant to the Fair Debt Practices Collections Act no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction.
 Ad #38375: 2012-10-10  2012-10-17, 2012-10-24 

Notice to Contractors

The Southeast Tennessee Development District has been awarded a HOME grant for Polk County and the Cities of Benton, Copperhill, and Ducktown in addition to a THDA Housing Trust Fund grant for Life Bridges, Inc. The Southeast Tennessee Development District is administering HOME grants in Polk County and the Cities of Benton, Copperhill, and Ducktown.  In the coming months, approximately 17 units will be bid within Polk and Bradley Counties.  The projects involve the rehabilitation of single-family homes and are bid out individually.
Minority and female contractors are encouraged to bid on the projects.  All contractors must have relevant experience, have liability insurance, and provide references in order to be eligible to bid.
Please contact Elizabeth Wood at 423-424-4260 for more information.

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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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