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STATE OF TENNESSEE, DEPARTMENT OF CHILDREN’S SERVICES, v. Mary Elizabeth Payne and David Adam York; Docket No. 12-CV-183.

The State of Tennessee, Department of Children’s Services, has filed a petition in the Circuit Court of Polk County, Tennessee, seeking to terminate the parental rights of Mary Elizabeth Payne and David Adam York to the children DAVID JAMES PAYNE, and GRACELYNN ELIZABETH YORK.
A trial in this case is set for August 2, 2013 at 9:00 a.m.   Mary Elizabeth Payne and David Adam York must appear before this Court on that date to determine whether their parental rights to the subject children should be terminated and forever ended.  The Court is located in Cleveland, Tennessee.
If Mary Elizabeth Payne and David Adam York do not come to the trial, the state will ask the Court to allow it to proceed without contest.   That means that the state will ask the Court to let it present proof without having any lawyer appear and defend Mary Elizabeth Payne and David Adam York’s rights in court.
If the Court believes that the Department of Children’s Services has proved its case, then Elizabeth Payne and David Adam York’s parental rights will be forever terminated, and they will never be able to see the children again or object to their adoption.
If the Court issues an order granting the motion, Mary Elizabeth Payne and David Adam York will have 30 days from entry of the order to contact the Court and appeal.
Copies of all orders and motions filed in this case will be left for Mary Elizabeth Payne and David Adam York with the Clerk of the Juvenile Court.  This will constitute appropriate service on them for all future filings in this case.
Entered this, the 3rd day of June, 2013.
/s/ Michael Sharp
MICHAEL SHARP, POLK CIRCUIT JUDGE


NOTICE OF FORECLOSURE

WHEREAS, by Deed of Trust dated February 22, 2007, of record in Book TD652, page 710, Register’s Office of Bedford County, Tennessee, Robert Dale Wrench, Jr., unmarried, did convey unto Paul D. Gambill, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and
WHEREAS, Midstate Finance Co., Inc., is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and
WHEREAS, the said real estate described in said Deed of Trust is as follows:
Lying and being in the Eleventh (11th) Civil District of Bedford County, Tennessee:
Beginning at a metal pin on the north margin of the Old Columbia Road at the southeast corner of the property herein described, said metal pin being 170.00 east of the southwest corner of the Ernest D. Crick Property; thence following the said north margin North 80 degrees 18 minutes West 120.37 feet to a metal pin 3 feet west of a concrete monument 30 feet of center of said road; thence leaving the said north margin North 8 degrees 59 minutes West 186.30 feet to a stake at end of wire fence; thence North 8 degrees 17 minutes East 759.22 feet to a metal pin at leaning fence corner post; thence South 89 degrees 54 minutes East 249.12 feet to a 6” cedar stump in fence; thence South 1 degrees 31 minutes East 285.78 feet to a metal pin in fence; thence North 80 degrees 19 minutes West 169.96 feet to a metal pin; thence South 4 degrees 09 minutes West 699.93 feet to the point of beginning and containing 3.92 acres, more or less, according to survey of Rex Northcutt, Tenn. R.L.S. No. 77, dated 12/12/88.
Being the same property conveyed to Robert Dale Wrench, Jr., by Deed from John Edward Shaw, Jr., and wife, Ann Marie Shaw, dated February 22, 2007, of record in Deed Book 282, page 278, Register’s Office of Bedford County, Tennessee.
WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and
WHEREAS, the maker of said note has defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.
NOW, THEREFORE, I, the undersigned, PAUL D. GAMBILL, TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on June 28, 2013, at 11:00 A.M., at the south door of the Bedford County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any
Other interested parties:  N/A
Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Trustee.
The right is reserved to adjourn the day of the 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.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Trustee, be cause for rejection of the bid, and if the bid is rejected, the Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.  Said Deed of Trust is made a part hereof as if copied verbatim herein.
This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.
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 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.
A 1986 Fleetwood mobile home, VIN #TNFLBM1AG102614956 is situated on the subject property.  It shall be the responsibility of the purchaser to undertake any and all legal steps necessary to obtain the title to said mobile home.
The address of the property is known as 1348 Old Columbia Road, Chapel Hill, TN  37034, 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 herein shall control.  This property is further identified as being Map 44, Parcel 5 on the records of the Tax Assessor of Bedford County, Tennessee.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 4th day of June, 2013.
                Paul D. Gambill, Trustee

BOBO, HUNT, WHITE & NANCE
111 W. Side Square
Shelbyville, Tennessee 37160
(931) 684-3327

ATTORNEYS FOR TRUSTEE

To be published June 6, June 13 and June 20, 2013


SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on July 18, 2013 at 12:00PM local time, at the west door, Polk County Courthouse, Benton, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Michael Murray, unmarried man, and Terry Murray, unmarried woman, to Title Guaranty & Trust, Trustee, on March 12, 2007 at Book TD354, Page 46; all of record in the Polk County Register’s Office.
Party entitled to enforce security interest: Federal National Mortgage 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:
IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
Lots 5 & 6 in Block “G”, Hiwassee Riveria Estates, as shown by plat of record in Plat Book 2, Page 59, in the Register’s Office of Polk County, Tennessee.
This conveyance made subject to the following:
Any governmental zoning and subdivision ordinances in effect thereon.
All notes, stipulations, restrictions, easements, conditions, and regulations as set out on record plat.
Restrictions as set out in instrument recorded in Misc. Book 27, Page 176, in the Registers’ Office of Polk County, Tennessee, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607, of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons.
Street Address: 115 Central Avenue, Benton, Tennessee 37307
Parcel Number: 018C-B-012.00 and 018C-B-013.00
Current Owner(s) of Property: Michael Murry, unmarried and Terry Murray, unmarried
The street address of the above described property is believed to be 115 Central Avenue, 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.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.

Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690
File No. 13-047876

IN THE CIRCUIT COURT OF POLK COUNTY, TENNESSEE

Shannon Manis
Plaintiff
Vs.
Joel Manis
Defendant

#13-CV-66

ORDER OF PUBLICATION

Pursuant to T.C.A. 21-1-204, appearing from allegations of the Complaint in this cause, being duly sworn to or from affidavit that Joel Manis the Defendant cannot be served with the ordinary process of law for the following:
After diligent inquiry the whereabouts of the defendant cannot be found
IT IS THEREFORE ORDERED, that said Defendant enter an appearance 30 days after the last publication and file an answer to the complaint, or judgment by default may be taken against you for the relief demanded in the complaint. A copy of this order is to be published for four consecutive weeks in the Polk County News.
The last known address for the defendant is 2744 Nicklesville Rd. Resaca, Ga. 30735
This 4th day of June, 2013.

Connie Clark
Clerk of Courts

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 28, 2006, and the Deed of Trust of even date securing the same, recorded March 8, 2006, at Book TD333, Page 26 in Office of the Register of Deeds for Polk County, Tennessee, executed by Jonathan Gunnoe Teresa Gunnoe and Jonathan Gunnoe, conveying certain property therein described to David S. Humberd as Trustee for Bank of Cleveland; 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 August 5, 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:
In the First Civil District of Polk County, Tennessee:
Lot 6, Anna Wood, as shown by plat of record in Plat Book 8, Page 175, in the Register’s Office of Polk County, Tennessee.
ALSO KNOWN AS:  391 Rymer Road, Old Fort, Tennessee 37362-6023
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:  Jonathan Gunnoe; Teresa Gunnoe; Jonathan Gunnoe
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. 1286‑232414
DATED June 10, 2013

INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
              Successor Trustee
    June 19, 2013
    June 26, 2013
    July 3, 2013           
FHA No. 481-2551103

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 June 30, 2011, and the Deed of Trust of even date securing the same, recorded July 5, 2011, at Book TD422, Page 388 in Office of the Register of Deeds for Polk County, Tennessee, executed by Jeffery T. Davis and Terri A. Davis, conveying certain property therein described to Crossland Title as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Carolina Bank, its successors and assigns; 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 August 5, 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 First Civil District of Polk County, Tennessee, to-wit:
Being a certain tract or parcel of land lying in the West side of the county road and beginning at a point in the center of said county road in the Southwest line of Woody; thence running Northwardly and with the center of said county road, one hundred (100) feet to a point in the center of said county road; thence running Westwardly one hundred forty (140) feet to a point; thence running Southwardly one hundred (100) feet to a point in the Southeast line of Woody; thence running Eastwardly and with the Cook line one hundred forty (140) feet to the beginning point in the center of said road; bounded on the East by county road, on the South by Cook and on the North and West by land of Dewey Woody.
ALSO KNOWN AS:  5172 Upper River Road Northeast, Charleston, Tennessee 37310
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:  Jeffery T. Davis; Terri A. Davis
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. 1286‑234326
DATED June 14, 2013

INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
              Successor Trustee
    June 26, 2013
    July 3, 2013
    July 10, 2013
FHA No. 481-3335338

DSaleNoticeTN-Shellie_awoodard_130614_ 910

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

PUBLIC NOTICE

It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of TCA, Section 40-12-104.
The Grand Jury will next meet at the Polk County Justice Center on Monday, the 8th day of July, 2013 at 1 p.m. and at the Ducktown Courthouse on the 8th day of July, 2013 at 9:00 A.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question.
The foreman for the Benton area is Chuck Sanford, and the foreman for the Ducktown area is Roger Thomasson.

CONNIE CLARK
CLERK OF COURTS

BID NOTICE

In accordance with T.C.A. 5-14-108 Polk County Government is accepting bids for asphalt repair at the Benton Health Department and painting at the Ducktown Health Department. Specifications may be obtained by calling the County Executives Office at 423-338-4527. The county reserves the right to refuse any and all bids. Bids should be submitted no later than July 12, 2013 at 4:00 p.m.

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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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