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2012
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11/7/12

NOTICE OF PLANNING COMMISSION WORKSHOP

The Ducktown Municipal Planning Commission will hold a workshop on Thursday November 8th at 6:00 pm in the Ducktown City Hall located at 340 Main Street, Ducktown, TN.  The commission will be discussing the Urban Growth Boundary amendment and membership of the commission.
Keith Dilbeck
Chairman, Ducktown Planning Commission



STATE OF SOUTH CAROLINA)
IN THE FAMILY COURT)
SIXTEENTH JUDICIAL CIRCUIT)
COUNTY OF YORK)
 
Mark Stephens Chaney and
Glenda Dean Mooneyham Chaney,
Plaintiffs FILE BOOK NO. 12DR46-1485
-vs-   SUMMONS AND NOTICE   
Tanner Weston Thomasson )
(DOB: 04/13/1996), a minor over)
the age of 14 years, and Michael)
Fowler Thomasson (Natural Father)
Defendants

TO:     Michael Fowler Thomasson, natural father of Tanner Weston Thomasson:
I.   This action seeks the adoption of the following child by the child’s step-father, and the termination of the parental rights of the natural father in and to the child.  The child, Tanner Weston Thomasson, is a male child, born on April 13, 1996, in Demorest, Georgia to Plaintiff, Glenda Dean Mooneyham Thomasson.  Plaintiff Mark Stephens Chaney is the child’s step-father.
II.   The action seeking adoption was filed on July 12, 2012, in the Office of the Clerk of Court for the York County Family Court, Sixteenth Judicial Circuit, 1070 Heckle Blvd., Rock Hill, South Carolina.
III.    YOU ARE HEREBY SUMMONED and required to appear and defend the within action and to answer the Complaint, available to you the above referenced Office of the Clerk of Court, which is herewith served upon you, and to serve a copy of your answer to said Complaint on the subscriber at their office located at 125 Hampton Street, Suite 200; Post Office Box 907, Rock Hill, South Carolina ,29731, within thirty (30) days after the service hereof, exclusive of the day of such service, and if you fail to appear and defend the within action within the time aforesaid, then judgment by default will be rendered against you for the relief demanded in the Complaint.
IV. IN THE EVENT THAT YOU ARE AN INFANT UNDER FOURTEEN (14) YEARS OF AGE OR ARE INCOMPETENT OR INSANE, then you and your Guardian or Committee and the person with whom you reside are further summons and notified that if you do not apply to the Court for the appointment of a Guardian ad Litem to represent said infant under fourteen (14) years of age or said incompetent or insane person within thirty (30) days after the service of this Summons and Notice upon you, the Plaintiffs will make application to the Court for such appointment.
V.   IN THE EVENT THAT YOU ARE A MINOR  FOURTEEN (14) YEARS OF AGE OR OLDER OR AN IMPRISONED PERSON, you are further summoned and notified that if you do not apply to the Court for the appointment of a Guardian ad Litem to represent you within thirty (30) days after the service of this Summons and Notice upon you, the Plaintiffs may make application to the Court for such appointment.
DOVE & BARTON, LLC
L. Dale Dove
Attorneys for Plaintiffs
125 Hampton Street, Suite 200
P.O. Box 907
Rock Hill. SC 29731
Phone: 803-327-1910
Fax: 803-327-2216
 

NOTICE OF SUCCESSOR TRUSTEE’S SALE

WHEREAS, Kevin M. Klier (“Klier”) made that certain Universal Note and Security Agreement dated as of January 2, 2007, as amended by Commercial Debt Modification Agreement dated January 11, 2008, as amended by a Commercial Debt Modification Agreement dated January 2, 2009, as amended by a Commercial Debt Modification Agreement dated April 2, 2009, as amended by a Universal Note and Security Agreement executed by Hiwassee Preserve, LLC, a Tennessee limited liability company (“Hiwassee”) dated August 11, 2009, (collectively hereinafter referred to as the “Note”), in favor of Capital Bank, N.A., successor by merger to GreenBank, formerly known as Bank of Athens (the “Lender”), in the original principal amount of Two Million Dollars and No Cents ($2,000,000.00); and
WHEREAS, to secure the Note, Klier and/or Hiwassee (sometimes referred to herein collectively as the “Borrower”) conveyed certain real property to Kenneth Clark Hood, as Trustee, by a Deed of Trust dated January 2, 2007, and recorded on January 8, 2007, in Book 349, Pages 333-337, as Instrument No. 07000052, and re-recorded in Book 354, Page 140, as Instrument No. 07000989, both in the Register’s Office for Polk County, Tennessee (the “Deed of Trust”); and
WHEREAS, by instrument titled Appointment of Successor Trustee dated October 12, 2011, and recorded October 17, 2011, in Book MS142, Pages 46-47, as Instrument No. 11002236 in the Register’s Office for Polk County, Tennessee, Bradley H. Hodge was appointed by the Lender as Successor Trustee under the Deed of Trust in the place and stead of Kenneth Clark Hood; and
WHEREAS, the Borrower is in default in the performance of the covenants, terms, and conditions of the Note, and the Lender has declared the Note and all other indebtedness related thereto immediately due and payable.
NOW, THEREFORE, as a result of such default and the Lender’s instruction that he foreclose the Deed of Trust in accordance with its terms and conditions, notice is hereby given that Bradley H. Hodge, the above named Successor Trustee, by virtue of the power, duty, and authority vested in him, or his agent appointed pursuant to Tennessee Code Annotated Section 35-5-114, will on Wednesday, December 5, 2012, commencing at 11:00 a.m. eastern standard time, in front of the west door of the Polk County Courthouse, with an address of 6239 Hwy. 411, Benton, Tennessee 37307, where foreclosure sales are customarily held, offer for sale and sell at public auction, AS IS and WHERE IS, with no representations or warranties of any nature, the following described real property of the Borrower therein to the highest bidder for cash free from the right and equity of redemption and all other rights of redemption, statutory or otherwise, homestead, dower, and all other exemptions and marital rights, all of which are hereby expressly waived and conveyed in the Deed of Trust, said real property being situated in Polk County, Tennessee, and being more particularly described as follows, as well as all easements serving or benefitting the said real property:
Located in the First Civil District of Polk County, Tennessee:
Parcel One:
BEING Lots 5, 6, and 7, of the HIWASSEE PRESERVE, as shown by plat of record in Plat Book 10, page 95, in the Register’s Office of Polk County, Tennessee.
Parcel Two:
BEING Lots 8, 9, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 43, 44, 45, 46, 52, and 53, of HIWASSEE PRESERVE, Phase II, as shown by Plat Book 11, page 77, in the Register’s Office of Polk County, Tennessee.
BEING part of the property conveyed to Hiwassee Preserve, LLC by deed dated November 28, 2005 and recorded in Deed Book 241, page 332, and also by deed dated May 24, 2006 and recorded in Deed Book 244, page 370, both in the Register’s Office for Polk County, Tennessee.
The Polk County Property Assessor’s references for the above-described property are as follows:
 Address     Tax ID No.
158 Morning Dunn Drive (Lot 5)    CLT #038D-A-00500 000
162 Morning Dunn Drive (Lot 6)    CLT #038D-A-00600 000
166 Morning Dunn Drive (Lot 7)    CLT #038D-A-00700 000
170 Morning Dunn Drive (Lot 8)    CLT #038D-A-00800 000
174 Morning Dunn Drive (Lot 9)    CLT #038D-A-00900 000
Morning Dunn Drive (Lot 18)    CLT #038D-A-01800 000
Morning Dunn Drive (Lot 19)    CLT #038D-A-01900 000
Morning Dunn Drive (Lot 20)    CLT #038D-A-02000 000
Morning Dunn Drive (Lot 21)    CLT #038D-A-02100 000
Morning Dunn Drive (Lot 22)    CLT #038D-A-02200 000
Morning Dunn Drive (Lot 23)    CLT #038D-A-02300 000
Morning Dunn Drive (Lot 24)    CLT #038D-A-02400 000
Morning Dunn Drive (Lot 25)    CLT #038D-A-02500 000
Morning Dunn Drive (Lot 26)    CLT #038D-A-02600 000
Morning Dunn Drive (Lot 27)    CLT #038D-A-02700 000
Morning Dunn Drive (Lot 28)    CLT #038D-A-02800 000
Morning Dunn Drive (Lot 29)    CLT #038D-A-02900 000
Morning Dunn Drive (Lot 30)    CLT #038D-A-03000 000
Morning Dunn Drive (Lot 31)    CLT #038D-A-03100 000
Morning Dunn Drive (Lot 32)    CLT #038D-A-03200 000
Morning Dunn Drive (Lot 33)    CLT #038D-A-03300 000
Morning Dunn Drive (Lot 34)    CLT #038D-A-03400 000
Morning Dunn Drive (Lot 35)    CLT #038D-A-03500 000
Morning Dunn Drive (Lot 36)    CLT #038D-A-03600 000
Morning Dunn Drive (Lot 37)    CLT #038D-A-03700 000
Morning Dunn Drive (Lot 38)    CLT #038D-A-03800 000
Morning Dunn Drive (Lot 39)    CLT #038D-A-03900 000
Morning Dunn Drive (Lot 40)    CLT #038D-A-04000 000
Morning Dunn Drive (Lot 43)    CLT #038D-A-04300 000
Morning Dunn Drive (Lot 44)    CLT #038D-A-04400 000
Morning Dunn Drive (Lot 45)    CLT #038D-A-04500 000
Morning Dunn Drive (Lot 46)    CLT #038D-A-04600 000
Morning Dunn Drive (Lot 52)    CLT #038D-A-05200 000
This sale is subject to ad valorem taxes (whether delinquent, for the current year, or for subsequent years), any liens or encumbrances which have priority over the lien created by the Deed of Trust, and any statutory rights of redemption of any governmental entity or agency.  This sale is also subject to the following, but only to the extent they may have priority over the lien created by the Deed of Trust: all matters shown on any applicable recorded plat; any other taxes of any nature, whether current or delinquent; any delinquent, current, or future assessments, reservations, easements, conditions, covenants, rights-of-way, setback lines, restrictions, and restrictive covenants; any matter that an accurate survey of the above-described real property might disclose; and any other matter disclosed in the public records having priority over the Deed of Trust.
The high bidder shall pay a non-refundable deposit on the day of the sale in the amount of ten percent (10%) of the high bidder’s bid price and shall pay the balance of the sales price within thirty (30) days following the day of the sale.  Title to the above-described real property shall be transferred by a successor trustee’s deed, AS IS and WHERE IS, with no representations or warranties of any nature.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Lender, be cause for rejection of the bid, and if the bid is rejected, the Lender shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms hereof.  The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust and are made a part hereof as if set forth verbatim herein.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time.  The Successor Trustee may, from time to time, 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 as set forth above or at any date and time fixed by a preceding postponement.  Alternatively, at his option, the Successor Trustee may give a new notice of sale.   
There are no other parties “interested” in the sale of the above-described property as set forth herein, as may be defined by Tennessee statutes, and to whom the Successor Trustee has given notice of this sale.
Notice of the sale of the real property as set forth herein has been given pursuant to the provisions of 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, Tennessee Code Annotated Sections 50-7-404(i)(2)(B) and 67-1-1433(b)(2), and Tennessee Department of Revenue Rule 1320-2-1-.35, if applicable.
The provisions of Tennessee Code Annotated Section 35-5-117 are not applicable to this sale.
This Notice has been published in accordance with Tennessee Code Annotated Section 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning November 7, 2012.
According to information provided by the Polk County Property Assessor, the street addresses and tax parcel numbers listed above are believed to be for the property described above, but such addresses are not part of the legal description of the above-described property, and in the event of any discrepancy, the legal description for the above-described property shall control.
This 5th day of November, 2012. 
Bradley H. Hodge
Successor Trustee
P.O. Box 1990
Knoxville, Tennessee 37901
865-525-5300

Gentry, Tipton & McLemore, P.C.
2300 Riverview Tower
900 South Gay Street
Knoxville, Tennessee  37902

Publication Dates in Polk County News:
November 7, 2012, November 14, 2012, and November 21, 2012

FOR SALE INFORMATION, CONTACT:
Channing Powers
Capital Bank, N.A.
10201 Parkside Drive
Knoxville, Tennessee  37922
865-218-5395

NOTICE TO CREDITORS

ESTATE OF IVA LEE BRITTON, deceased

Notice is hereby given that on the 31st day of October, 2012, Letters of Testamentary in respect of the Estate of Iva Lee Britton, who died August 10, 2012 were issued to the undersigned by the Chancery Court, Probate Division, of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk of the Above named Court on or before the earlier of the dates prescribed in (1) or (2), whichever is applicable, otherwise their claims will be forever barred:
(1) (A) Four (4) months, from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of publication of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or
(2) Twelve (12) months from the decedent’s date of death.

This 31st day of October, 2012

Tammy Lejuan Boring, Administrator

G. William Little, III, Attorney for the Estate

Kimberly Ingram, Clerk & Master

G. William Little, III
Attorney
931 East Main Street
Blue Ridge, GA 30513

NOTICE TO CREDITORS

ESTATE OF HELEN RUTH BIGHAM HUGHES, deceased

Notice is hereby given that on the 22nd day of October, 2012, Letters of Testamentary in respect of the Estate of Helen Ruth Bigham Hughes, deceased, who died September 30, 2012 were issued to the undersigned by the Chancery Court, Probate Division, of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk of the Above named Court on or before the earlier of the dates prescribed in (1) or (2), whichever is applicable, otherwise their claims will be forever barred:
(1) (A) Four (4) months, from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of publication of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or
(2) Twelve (12) months from the decedent’s date of death.
This 22nd day of October, 2012
Stephen Rufus Hughes & Phyllis Elaine Hughes Green, Co-Executors
Robert W. Wilkinson, Attorney for the Estate
Kimberly Ingram, Clerk & Master

Robert W. Wilkinson
Attorney
P.O. Box 4415
Oak Ridge, TN 37831-4415

NOTICE TO CREDITORS

IN THE MATTER OF:

Estate of Vicki Lee Bice (deceased)

Notice is hereby given that on the 24th  day of October, 2012, Letters of Administration in respect of the Estate of Vicki Lee Bice, deceased, who died January 2, 2012 were issued to the undersigned by the Chancery Court, Probate Division, of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk of the Above named Court on or before the earlier of the dates prescribed in (1) or (2), whichever is applicable, otherwise their claims will be forever barred:
(1) (A) Four (4) months, from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of publication of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or
(2) Twelve (12) months from the decedent’s date of death.
This 24th day of October, 2012
Clifford Larry Briant, Jr., Executor
G. William Little, III, Attorney for the Estate

Kimberly Ingram, Clerk & Master

Robert W. Wilkinson
Attorney
931 Main Street
Blue Ridge, GA 30513

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, December 3, 2012, at 11:00 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:
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.
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.
Subject to Restrictions, dedications, conditions, reservations, easements and other matters shown on plat at Plat Book 2, page 100, said Register’s Office.
Any lien, right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law.
Taxes and/or assessments levied or assessed against the Property pursuant to the provisions of T.C.A. § 67-5-601, et seq.
Rights and claims of parties in possession.
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.
    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 5th day of November, 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:
November 7, 2012
November 14, 2012
November 21, 2012

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on December 4, 2012 at 12:00 PM 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 Pamela J. Scharsch, widow, to Southeast Title, Trustee, on September 21, 2007 at Book TD367, Page 102; corrected by Scrivener’s Affidavit in Book MS126, Page 91; all of record in the Polk County Register’s Office.
Owner of Debt: JPMorgan Chase Bank, National Association
The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in Polk County, Tennessee, and being more particularly described in deed of record in Book TD367, Page 102; corrected by Scrivener’s Affidavit in Book MS126, Page 91; in the Register’s Office of Polk County, Tennessee
Parcel Number: 045-047.05
Current Owner(s) of Property: Pamela J. Scharsch, widow
The street address of the above described property is believed to be 354 Rock 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


NOTICE OF FORECLOSURE

WHEREAS, Evangeline A. Ledford and Charles A. Ledford (together, “Grantor”), by that certain Deed of Trust dated September 4, 2009, recorded in Book TD401, page 262, Register’s Office for Polk County, Tennessee (the “Register’s Office”), as amended by instrument of record in Book MS144, Page 5, Register’s Office (as amended, the “Deed of Trust”), 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 Thursday, November 29, 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 referenced 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.
October 31, 2012
/s/ Madison L. Martin
Madison L. Martin, Successor Trustee
STITES & HARBISON PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219

publication dates:
november 7, 2012
november 14, 2012
november 21, 2012


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