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Public Notices ~ 4/3/13
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4/3/13
NOTICE TO CREDITORS

ESTATE OF EDWIN J. PEPLOWSKI, deceased

Notice is hereby given that on the 1st day of March 2013, Letters of Administration, in respect of the Estate of EDWIN J. PEPLOWSKI, who died January 16, 2013 were issued to Hilary L. Peplowski, 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 1st day of March 2013
Hilary L. Peplowski, Executor/Administrator
Kimberly Ingram, Clerk & Master
Sally Love, BPR #000400
Attorney for the Estate
P.O. Box 42
Cleveland, TN 37364-0042
423-479-9186


NOTICE OF FORECLOSURE SALE

STATE OF TENNESSEE, POLK COUNTY

WHEREAS, Claude Charles Brown and Lillie Faye Brown executed a Deed of Trust to Branch Banking and Trust Company, Lender and BB&T Collateral Service Corporation, Trustee(s), which was dated November 22, 2006 and recorded on December 21, 2006 in Book TD 348 at Page 382, 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 April 2, 2013, 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:
Situated in the District No. Three of Polk County and State of Tennessee:
Situated in the 3rd (formerly 8th) Civil District of Polk County, Tennessee, and being what is known as Lot No. 12 in Ducktown Addition of Tennessee Copper Company, as shown on map of said addition on file in the General Office of Tennessee Copper Company, of Copperhill, Tennessee, and being in the North half of the Northwest quarter of Section 9, Fractional Township 4 South, Range 5 East of the basis line of the Ocoee District in Polk County, Tennessee, the surface only, and being particularly described as follows:
Beginning at the Southeast corner of the lot, which point of beginning is North 2 degrees 25 minutes 20 seconds West a distance of 2643.48 feet from the Southeast corner of the Northwest quarter of Section 9, which point is marked by a brown stone monument; thence from said corner of lot North 41 degrees 09 minutes 50 seconds West a distance of 150.0 feet; thence South 48 degrees 50 minutes 10 seconds West a distance of 75.0 feet; thence South 41 degrees 09 minutes 50 seconds East a distance of 150.0 feet; thence North 48 degrees 50 minutes 10 seconds East a distance of 75.0 feet to the point of beginning, containing 0.258 acres, more or less; said description being according to a survey made by H. K. Martin, Civil Engineer, on February 14, 1930, which is shown on Map No. NS-3058 on file in the General Office of the Tennessee Copper Company in said county.
Being all of that certain property conveyed to Claude Charles Brown and wife, Lillie Faye Brown from Charlie I. Presswood and wife, Maude Lee Presswood by deed dated 09/19/72 and recorded 10/17/72 in Book 77, Page 66 in the Land Records of Polk County.
Permanent Parcel Number: 115C G 01100
Claude Charles Brown and Wife, Lillie Faye Brown

265 College Street, Ducktown TN 37326
Parcel ID Number: 115C G 011
Address/Description: 265 College Street, Ducktown, TN 37326.
Current Owner(s): Claude Charles Brown and Lillie Faye Brown.
Other Interested Party(ies): .

This sale is also subject to the right of redemption by the INTERNAL REVENUE SERVICE, DEPARTMENT OF THE U.S. TREASURY, pursuant to 26 U.S.C. 7425(d)(1) by reason of the following tax lien(s) of record in:  Book 3482, Page 406.  Notice of the sale has been given to the Internal Revenue Service in accordance with 26 U.S.C. 7425(b).
In addition, this sale shall be subject to the right of redemption by the TENNESSEE DEPARTMENT OF REVENUE, TAX ENFORCEMENT DIVISION, pursuant to T.C.A. 67-1-1433(c)(1) by reason of the following tax lien(s) of record in:  Book GI9203, Page 394.  Notice of the sale has been given to the State of Tennessee in accordance with T.C.A. 67-1-1433(b)(1).
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
Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
277 Mallory Station Road
Suite 115
Franklin, TN 37067
PH: 615-550-7697 FX: 615-550-8484
File No.: 12-29065




NOTICE TO CREDITORS

ESTATE OF BETTY RUTH BUTCHER, deceased

Notice is hereby given that on the 12th day of March 2013, Letters Testamentary in respect of the Estate of BETTY RUTH BUTCHER, who died December 16, 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 12th day of March 2013
Yvonne Denice Hancock, Personal Representative
Kimberly Ingram, Clerk & Master
Ginger Wilson Buchanan
Attorney for Estate of Betty Ruth Butcher
P.O. Box 1083
Cleveland, TN 37364-1083
(423) 614-4035
BPR NO. 017620


NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, by Revolving Credit Deed of Trust dated May 6, 2009, and recorded on May 14, 2009  in Book TD395, Page 150, in the Register’s Office of Polk County, Tennessee  (the “Deed of Trust”), MICHAEL L. FARNER (“Borrower”) conveyed to Barry Currin of Bradley County, Tennessee, Trustee for the benefit of BOWATER EMPLOYEES CREDIT UNION (“BECU”), the property therein described (the “Property”), to secure payment of a Loanliner Home Equity Credit Agreement dated May 6, 2009, executed by Borrower in the original principal amount of Ninety Four Thousand Four Hundred and 00/100 Dollars ($94,400.00), in favor of BECU (the (“Credit Agreement”).
WHEREAS, Jeffrey W. Maddux, was appointed successor Substitute Trustee under the terms of the Appointment of Substitute Trustee executed by BECU on January 25, 2013, and recorded on January 31, 2013, in Book MS146, Page 226, in the Register’s Office of Polk County, Tennessee (“Register’s Office”), with all the rights, powers and privileges of the original Trustee named in the Deed of Trust; and
WHEREAS, default having been made in the payment of the Credit Agreement which remains unpaid and secured by the Deed of Trust and in the performance of covenants contained in the Deed of Trust to which reference is made for recital of terms and conditions, and wherefore BECU, the lawful owner and holder of the Credit Agreement and Deed of Trust, has declared the entire balance thereon due and payable;
NOW, THEREFORE, pursuant to the authority vested in me as Substitute Trustee, I shall, at the request of the owner and holder of the Credit Agreement and Deed of Trust, at 10:00 a.m. EST on April 10, 2013, offer for sale at public outcry to the highest and best bidder for cash, at the front door of the Polk County Courthouse, in the City of Benton, Polk County, Tennessee, in bar of all statutory and common law equities of redemption, dower and homestead and all other rights and exemptions of every kind, the following described real estate located in Polk County, Tennessee and commonly known as 174 Oak Grove Road, Benton, Tennessee:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO WIT:

Being all of Lot Number Two (2) on the plat prepared by Brown Surveying Company dated December 26, 2000 and registered in Plat Book Number 8, Page 325 in the Register’s Office of Polk County, Tennessee and being more particularly described as follows:
BEGINNING at an Iron Pin Corner at the Southwest Corner of the land herein being conveyed and the Oak Grove Road, thence, Northeast 275.65 feet with the survey lines along the Oak Grove Road to an Iron Pin Corner with Lot Number 3 of the above mentioned Plat, thence South 52 degrees 22 minutes 28 seconds East 904.43 feet along the Southwest side of Lot Number 3 to Iron Pin Corner in the center of creek, thence Southwest with center of creek 374.3 feet to Iron Pin Corner, thence Northwest along the North Boundary survey line of Lot Number 1, 639.77 feet to an Iron Pin Corner beginning point.
Bounded on the West by Oak Grove Road, North by Lot Number 3 owned by Marc and Madison Maynor, East by John A. Rogers and wife, Rachel Rogers, South by Broughton J. Maynor and wife, Virginia J. Maynor containing 4.69 acres.
Also Conveyed Herewith is the Water Rights to the Maynor Spring on the property now held by John A. Rogers and wife, Rachel Rogers is hereby conveyed along with a 10 foot right of way to the Maynor Spring for water line use only over and across Lot Number 3 owned by Marc and Madison Maynor and Lot Number 4 owned by Billy Baxter and wife, Jeanie Maynor Baxter.
SUBJECT TO the following: (a) Water Rights as set out by instrument recorded in Book 216, Pages 265, 267, 269, and 271; Book 171, Page 202; and Book 39, Page 130 in the Register’s Office of Polk County, Tennessee (“Register’s Office”); (b) well as shown on said plat; (c) branch across lot as shown on said plat; (d) center of creek is property line as set out on said plat; (e) any and all governmental zoning and /or subdivision ordinances and regulations in effect thereon.
The source of title is found in deed of record in Book WD 255, Page 252, in the Register’s Office.
Polk County taxes for the year 2010, 2011 and 2012 are delinquent and now due and payable $556.94 (2010); $400.00 (2011); $339.00 (2012).
Polk County taxes for the year 2013 are a lien not yet due and payable.

Map Parcel No. 046-035.02
        The sale will be made subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist, including, without limitation, any unpaid ad valorem taxes or other taxes, and also subject to any right to redemption that may otherwise exist. The Substitute Trustee makes no covenant of warranty or seizing, but will sell and convey as Substitute Trustee only.
The sale will be made for the purpose of paying the indebtedness secured by the Deed of Trust and the proceeds thereof will be applied as provided by the terms of the Deed of Trust.
Other parties interested entitled to notice pursuant to Tenn. Code Ann. §35-5-104(d) are:
Randy L. Heiskell
        This 18th day of March, 2013.
                Jeffrey W. Maddux
                Substitute Trustee


SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
      
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated FEBRUARY 28, 2007, executed by ADAM FULWOOD, JOINED BY HIS WIFE, LAURA FULWOOD, to J. MICHAEL SHARP, Trustee, of record in BOOK TD353, PAGE 158, RE-RECORDED IN BOOK TD354, PAGE 179, for the benefit of SOUTHERN HERITAGE BANK, in the Register’s Office for POLK County, Tennessee and to J. PHILLIP JONES AND/OR JESSICA D. BINKLEY, either of whom may act, appointed as Substitute Trustee in an instrument of record in the Register’s Office for POLK County, Tennessee, to secure the indebtedness described; WHEREAS, said Deed of Trust was last assigned to U.S. BANK NATIONAL ASSOCIATION, the entire indebtedness having been declared due and payable by U.S. BANK NATIONAL ASSOCIATION, being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and  as provided in said Deed of Trust, I, J. PHILLIP JONES/ JESSICA D. BINKLEY, will by virtue of the power and authority vested in  me as  Substitute  Trustee, on MONDAY, APRIL 15, 2013 AT 12:00 P.M. (NOON, LOCAL TIME), AT THE WEST DOOR OF THE POLK COUNTY COURTHOUSE IN BENTON, POLK COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in  POLK County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF POLK, TENNESSEE:
IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
TO FIND THE POINT OF BEGINNING, GO TO THE POINT WHERE THE SOUTHERN MOST POINT OF THE PROPERTY OF DAVIS (AS RECORDED IN DEED BOOK 196, PAGE 183) AND THE WEST SIDE OF OLD FORT ROAD INTERSECT AT AN IRON PIN, THIS BEING THE POINT OF BEGINNING.  FROM THE POINT OF BEGINNING AND RUNNING PARALLEL TO OLD FORT ROAD, GO SOUTH 24 DEGREES 40 MINUTES 35 SECONDS EAST, 87.90 FEET; THENCE CONTINUING ALONG SAID ROAD, SOUTH 16 DEGREES 09 MINUTES 47 SECONDS EAST, 115.0 FEET TO AN IRON PIN SET; THENCE ALONG OTHER PROPERTY TO THE GRANTOR (AS RECORDED IN DEED BOOK 124, PAGE 164), GO SOUTH 59 DEGREES 58 MINUTES 45 SECONDS WEST, 253.51 FEET TO AN IRON PIN; THENCE ALONG A FENCE LINE GO NORTH 00 DEGREES 33 MINUTES 48 SECONDS EAST, 216.05 FEET; THENCE CONTINUING ALONG THE FENCE LINE, NORTH 01 DEGREE 04 MINUTES 48 SECONDS EAST, 173.41 FEET TO A METAL ROD; THENCE SOUTH 63 DEGREES 34 MINUTES 25 SECONDS EAST, 162.36 FEET ALONG THE PROPERTY OF DAVIS (RECORDED IN DEED BOOK 196, PAGE 183), TO THE POINT OF BEGINNING.
ALSO INCLUDED AND PERMANENTLY AFFIXED IS THE MANUFACTURED HOME AS SET FORTH IN BOOK L-10, PAGE 361, IN SAID REGISTER’S OFFICE.  SAID HOME IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
MANUFACTURERS NAME:  HORTON/ MODEL YEAR: 98/MODEL #SH2/ SERIAL #H152560G L&R/LxW 66’x27’
BEING THE SAME PROPERTY CONVEYED TO ADAM FULWOOD AND WIFE, LAURA FULWOOD, BY DEED DATED FEBRUARY 28, 2007 OF RECORD IN BOOK WD249, PAGE 468, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 279 KILLIAN ROAD, OLD FORT, TENNESSEE 37362.
MAP 096 PARCEL 007.09
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST UNDER WHICH THIS FORECLOSURE SALE IS CONDUCTED, INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433.  IF APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.
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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES: LAURA FULWOOD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, March 18, 2013.   This is improved property known as 279 KILLIAN ROAD, OLD FORT, TENNESSEE 37362.

J. PHILLIP JONES/ JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
(615) 254-4430
www.phillipjoneslaw.com
F13-0220

NOTICE OF FORECLOSURE SALE


STATE OF TENNESSEE, POLK COUNTY

WHEREAS, Harold F Dale, Jr. executed a Deed of Trust to Brank Banking and Trust Company, Lender and BB&T Collateral Service Corporation, Trustee(s), which was dated January 8, 2008 and recorded on March 10, 2008 in Book TD375 at Page 265, 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, a North Carolina banking corporation, (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 April 23, 2013, 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:
Situated in the County of Polk and State of Tennessee:
A certain tract or parcel of land lying and being in the City of Copperhill, Tennessee, Third Civil District of Polk County, Tennessee and being more particularly described as follows:
Being one house and lot in the City of Copperhill, Tennessee having the street identification of 161 Tennessee Avenue.  Dwelling formerly known as the Hallie Jones Home fronting 70 feet on the South side of Tennessee Avenue, and extending back with parallel lines of 100 feet.  Identified in Polk County Tennessee Property Plat Records as Parcel 1700 on Tax Map 136E.
Subject to existing easements and right of ways for public roads, if any.  Also subject to Polk County, Tennessee subdivision regulations and mobile home regulations, also subject to City of Copperhill zoning regulations.
The chain link fence on the East side encroaches by several inches onto the adjoining property.  That fence line do not denote an easement of any type whatsoever nor does it delineate the legal property line which can be established only by a professional survey.
Being all of that certain property conveyed to Harold F. Dale, Jr. from Steve Jones by deed dated June 22, 2007 and recorded July 2, 2007 in Book WD252, Page 43 in the Land Records of Polk County, Tennessee.
Parcel ID Number: 136E-A-007.00
Address/Description: 161 Tennessee Avenue, Copperhill, TN 37317.
Current Owner(s): Harold F. Dale, Jr..
Other Interested Party(ies): .
This sale is also subject to the right of redemption by the INTERNAL REVENUE SERVICE, DEPARTMENT OF THE U.S. TREASURY, pursuant to 26 U.S.C. 7425(d)(1) by reason of the following tax lien(s) of record in:  Book 3482, Page 406.  Notice of the sale has been given to the Internal Revenue Service in accordance with 26 U.S.C. 7425(b).
In addition, this sale shall be subject to the right of redemption by the TENNESSEE DEPARTMENT OF REVENUE, TAX ENFORCEMENT DIVISION, pursuant to T.C.A. 67-1-1433(c)(1) by reason of the following tax lien(s) of record in:  Book GI9203, Page 394.  Notice of the sale has been given to the State of Tennessee in accordance with T.C.A. 67-1-1433(b)(1).
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

Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
277 Mallory Station Road
Suite 115
Franklin, TN 37067
PH: 615-550-7697 FX: 615-550-8484
File No.: 13-03527

IN THE GENERAL SESSIONS COURT FOR POLK COUNTY, BENTON, TENNESSEE

Dwayne Lewis
vs.
James C. Justice, Sr.

In this cause, it appearing from the complaint, which is sworn to, that the defendant, James C. Justice, Sr., is a resident of the State of Tennessee; and it further appearing that his/her whereabouts cannot be ascertained after diligent inquiry, so that ordinary process cannot be served upon him/her.
It is, therefore, ORDERED that said defendant file and answer with the POLK COUNTY CLERK OF COURTS, P.O. BOX 256, 161 INDUSTRIAL ACCESS CIRCLE, BENTON, TENNESSEE, 37307 within thirty (30) days of the last date of publication, exclusive of the day of publication, or judgment by default may be entered and the cause set for hearing ex parte. This notice will be published in the Polk County News for four (4) consecutive weeks.
This 8th day of March, 2013.

Connie H. Clark,
Clerk of Courts

PUBLIC NOTICE

The contents of Belltown Storage Unit #9 will be sold at public auction on May 9th 2013 at 11:00 am on site.

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 April 23, 2000, and the Deed of Trust of even date securing the same, recorded May 3, 2000, at Book 247, Page 267 in Office of the Register of Deeds for Polk County, Tennessee, executed by Terry Rose Marcia Rose and Marcia Rose, conveying certain property therein described to Wesley D. Turner, whose residence is in: Williamson County, Tennessee as Trustee for ABC & D Mortgage, Inc.; 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 April 22, 2013 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:
Situated in the 2nd Civil District of Polk County, Tennessee:
Beginning at a stake where the Thompson, Runnion and Government lines join, Said stake being beside the Tellico Reliance black top road, thence running in an Eastwardly direction to the line of Runnion and Government on the East side of Lillie Runnion property. Then following the Runnion line from the East side Southwardly and back in a Northerly direction to the beginning corner containing six acres, more or less.
Subject to all existing easements and right of ways.
Excepted from the above is the property conveyed to Ulyus Taylor and wife Muriel Taylor, by Warranty Deed dated August 15, 1970, by Mary Lou Goforth and husband, J.O. Goforth, of record in Deed Book Number 68, Page 377-379, in the Register’s office, Polk County, Tennessee, to which reference is here made, and which is more fully described as follows, to-wit:
Situated in the District Number Two (2) of Polk County, Tennessee;
Beginning on the East side of the right of way of the Reliance Road where the U. S. Forest Service and Loman Thompson corners and being a point four rods from the corner of the U. S. Forest Service corner on the opposite side of said Reliance Road, and being out of the South West corner of the land conveyed by Runnions to Goforth; thence South 66 degrees, 15 minutes East 450 feet to an iron stake; thence North 23 degrees 45 minutes East 189 feet to a stake; thence North 66 degrees 15 minutes West 450 feet to a stake on the East side of the Reliance Road right of way; thence South with the East line of the Reliance Road right of way to the point of beginning.
Also excepted from the above is the property conveyed to James Ray Goforth and wife, Mildred Goforth, by Warranty Deed dated February 27, 1976, by Mary Lou Goforth and husband, Oscar Goforth, of record in Deed Book Number 85, Page 49, in the Register’s Office, Polk County, Tennessee, to which reference is here made, and which is more fully described as follows, to-wit:
Situated in the Second Civil District of Polk County, Tennessee, near Servilla, beginning at the Northeast corner of the tract at an iron stake in U.S. Government corner; thence running South with Government line 416 feet to an iron stake in the Thompson line; thence West 149 feet with Thompson line to the Taylor line; thence North with the Taylor line 166 feet to pile of rock corner; thence West with the Taylor line 220 feet to an iron stake in the Oscar Goforth line; thence North with the Oscar Goforth line 260 feet to an iron stake in the Roy Bain line; thence East with the Roy Bain line 375 feet to the point of beginning. containing two (2) acres, more or less.
Reference is also made to the Order approving the conveyance of the herein described property pertaining to the minor Joe Darnell signed by Earl K. Henley, Chancellor, on March 23, 1994, and of record in Case Number 6526 in the chancery Court for Polk County, Tennessee.
ALSO KNOWN AS:  1170 Tellico Reliance Road, Reliance, Tennessee 37369
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:  Terry Rose; Marcia Rose; Marcia Rose; American General Finance, Inc; Unknown heirs of Mary Lou Goforth, Garland Goforth and Faye Goforth; Internal Revenue Service; American General Finance, Inc.
On or about February 19, 2010, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Terry D & Marcia Rose, recorded in the Register’s Office of Polk County, Tennessee, at Book FL2, Page 376.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Nationstar Mortgage LLC.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of On or about November 19, 2010, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Terry D & Marcia Rose, recorded in the Register’s Office of Polk County, Tennessee, at Book FL2, Page 409.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Nationstar Mortgage LLC.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.
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. 931‑97443
DATED March  8, 2013
INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
  Successor Trustee
    March 20, 2013
    March 27, 2013
    April 3, 2013
           
FOR SALE INFORMATION,
VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

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 February 27, 2008, and the Deed of Trust of even date securing the same, recorded March 4, 2008, at Book TD375, Page 1 in Office of the Register of Deeds for Polk County, Tennessee, executed by Joyce Ward, conveying certain property therein described to Jerry N. Estes Law Offices as Trustee for Southpoint Financial Services; 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 April 29, 2013 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:
Tract One:
Situated in District Number One of Polk County, Tennessee:
Being Lot Number 19 in Block G of the Hiwassee Riveria Estates as shown on the map or plat of record in Plat Book 2, Page 59, in the Office of the Register of Polk County, Tennessee
Subject to all notations, conditions, limitations as set forth on recorded plat.
Tract Two:
Situated in the First Civil District of Polk County, Tennessee:
Being Lot Number Seventeen (17) and Lot Number Eighteen (18) in Block G of the Hiwassee Riveria Estates, as shown on the Plat revised of record in Plat Book 2, at Page 60, and original plat of record in Plat Book 2, at Page 59.
Excepted out and subject to sale of land to Polk County, Tennessee as recorded in Deed Book 242, Pages 406-410 and sale of land to Dennis Blair and wife, Nona Blair in Deed Book 107, Pages 181-182, both in the Register of Deed’s Office, Polk County, Tennessee.
ALSO KNOWN AS:  476 Perimeter Road, Benton, Tennessee 37307
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.  This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property:  Joyce Ward; Secretary of Housing and Urban Developement
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. 1513‑230750
DATED March 25, 2013
INSERTION DATES:   
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
April 3, 2013
April 10, 2013
April 17, 2013
FHA No. 481-2680957 952
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM

NOTICE TO CREDITORS

ESTATE OF REED NICHOLSON, deceased

Notice is hereby given that on the 11th day of February 2013, Letters of Administration CTA, in respect of the Estate of REED NICHOLSON, deceased, who died September 5, 2012 were issued to Betty Nicholson, 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 11th Day of February 2013
Betty P. Nicholson, Executor/Administrator
Kimberly Ingram, Clerk & Master
Jared M. Kidd, Attorney for the Estate, 3321 Kidds Dairy Road, Scottsville, VA 24590


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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
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