Public Notices - 10/2/13
NOTICE OF FORECLOSURE SALE
STATE OF TENNESSEE, POLK COUNTY
WHEREAS, Stephanie A Williamson executed a Deed of Trust to Branch Banking and Trust Company, Lender and BB&T Collateral Service Corporation, Trustee(s), which was dated July 18, 2005 and recordedBook TD 323, Page 274, 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 October 15, 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:
All that certain parcel of land lying and being situated in the County of Polk, State of TN, to-wit:
Beginning at an iron pin marking the Northwest corner of the L. C. Bone’s land and at the line of Charlie Payne, and running South 40 ° 49’ West a distance of 217.63 feet with the Bone’s line to an iron pin at the center line of a drive way at the Walker line; thence North 46 ° 20’ West with the center of said drive way a distance of 162.43 feet to an iron pin thence North 13 ° 40’ West a distance of 26.0 feet to an iron pin; thence North 41 ° 59’ West a distance of 61.9 feet to an iron pin at the Adams line; thence North 40 ° 20’ East with the Adam’s line a distance of 221.0 feet to an iron pin at Charlie Payne’s line; thence South 41 °
10’ East with the said Payne’s line 238.08 feet to the point of beginning, containing 1.20 acres of land.
Tax Map Reference: 072-03203
Being that parcel of land conveyed to Stephanie Williamson, unmarried from Juanita Adams, unmarried by that deed dated 10/05/2001 and recorded 10/10/2001 in Deed Book 219, at Page 171 of the Polk County, TN Public Registry.
Parcel ID Number: 072-032-03
Address/Description: 5262 Adams Hollow Road, Turtletown, TN 37391.
Current Owner(s): Stephanie Williamson.
Other Interested Party(ies):
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
c/o Tennessee Foreclosure Department
277 Mallory Station Road
Franklin, TN 37067
PH: 615-550-7697 FX: 615-550-8484
File No.: 13-14478
NOTICE OF SUCCESSOR TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated March 20, 2008, of record in Book 376, Page 258, and modified July 30, 2010 of record in Book 412, Page 434, and modified August 12, 2011 of record in Book 424, Page 128, Register=s Office for Polk County, Tennessee, (“ROPC”) from CHRISTOPHER L. AVERILL and wife, DENISE A. AVERILL (“Borrower”) to William P. Biddle (“Trustee”) securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and
WHEREAS, the undersigned, DOUGLAS R. JOHNSON, Successor Trustee, having been appointed Successor Trustee of record in Book MS 148, Page 310, said Register=s Office, to serve in the place and stead of William P. Biddle, Trustee;
NOW, THEREFORE, I, Douglas R. Johnson, Successor Trustee, pursuant to said Deed of Trust, having been requested by First Volunteer Bank, fka First Volunteer Bank of Tennessee, 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 11, 2013 at 1:45 p.m., at the at the west door of the Polk County Courthouse in Benton, Polk County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property located in Polk County, Tennessee:
BEGINNING at an iron pin in the Southwest line of Copeland Road Extended, (private road), at its intersection with the Southeast line of an existing farm road; thence along the line of the existing farm road, South 48 degrees 42 minutes 10 seconds West, 247.7 feet; thence on a right-handed curve, Delta = 48 degrees 8 minutes 52 seconds, tangent = 156.37 feet, a distance of 306.27 feet to an iron pin; thence leaving the line of said road, South 65 degrees 44 minutes 47 minutes 47 seconds East, 905.31 feet; thence along the line of Copeland Road Extended the following courses and distances: North 24 degrees 15 minutes 13 seconds East, 254.04 feet; thence on a left-handed curve, Delta = 98 degrees 12 minutes 29 seconds, tangent = 173.19 feet, a distance of 214.26 feet to an iron pin; thence North 73 degrees 57 minutes 16 seconds West 91.99 feet; thence on a right-handed curve, Delta = 28 degrees 6 minutes 30 seconds, tangent = 125.17 feet, a distance of 257.56 feet to an iron pin; thence North 45 degrees 50 minutes 45 seconds West, 97.48 feet to the beginning point. Said tract containing 6.029 acres, more or less. Legal description is taken from prior deed.
There is also conveyed a perpetual non-exclusive right-of-way easement in the roadway referred to on said plat as Copeland Road Extended, being a private road. The government of Polk County does not accept and will not maintain this road for public use. The responsibility for the maintenance of said roadway shall be the responsibility of any future homeowners’ association or The Farm or shared on a pro rata basis by the property owners joining said roadway. Each property owner further agrees that in the future said roadway may be dedicated to Polk County, Tennessee.
SUBJECT to restrictions as set out in Deed Book 213, Page 5, in the Register’s Office, Polk County, Tennessee.
SUBJECT to any future homeowners’ association and maintenance of Copeland Road Extended as set out in Deed Book 213, Page 5 in said Register’s Office.
SUBJECT to building setback lines of thirty-five (35) feet fronting Copeland Road, ten (10) feet on side lot lines and fifteen (15) feet on rear lot lines as set out on instrument recorded in Deed Book 213, Page 5 in said Register’s Office.
SUBJECT to any governmental zoning and subdivision ordinances or regulations in effect thereon.
BEING the same real estate conveyed by Fred S. Allen, Widower, to Christopher L. Averill and wife, Denise A. Averill, by Warranty Deed dated December 19, 2005, and recorded in Deed Book 242, Page 32-33, Register’s Office, Polk County, Tennessee.
This property is commonly known as: 469 Copeland Road, Ocoee, TN 37361
Notice of the Trustee=s foreclosure sale has been provided to interested parties.
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.
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 /Successor 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.
Dated: September 13, 2013 Douglas R. Johnson, Successor Trustee
Post Office Box 2188
Chattanooga, TN 37409
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION GATHERED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, BILLY WAYNE HOLDER by Deed of Trust (the “Deed of Trust”), dated FEBRUARY 06, 2004 and of record in Book TD 301, Page 374, Register’s Office of Polk County, Tennessee, conveyed to Equititle, Inc., Trustee, the hereinafter described real property to secure the payment of a certain Promissory Note (the “Note”) described in the Deed of Trust, which Note was payable to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR NOVASTAR MORTGAGE, INC., as last transferred to THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-1, NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-1 BY ASSIGNMENT RECORDED AT BOOK MS 145, PAGE 482 IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE, and
WHEREAS, the said Equititle, Inc., Trustee, is unable to act as Trustee under the Deed of Trust, and Mantenn, LLC has been duly appointed Substitute Trustee by the owner and holder of the Note and
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the owner and holder of the Note has demanded that the hereinafter described real property be advertised and sold in satisfaction of the indebtedness and costs of foreclosure in accordance with the terms and provisions of the Note and Deed of Trust. The notice requirements of T.C.A. §35-5-117 have been satisfied.
NOW, THEREFORE, notice is hereby given that an agent of Mantenn, LLC, Substitute Trustee, pursuant to the power, duty, and authority vested in and conferred by the Deed of Trust, will on Thursday, October 31, 2013, at 2:30 p.m. at the East door of the Polk County Courthouse in Benton, Tennessee, will be sold to the highest call bidder for cash free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Polk County, Tennessee, described as follows:
THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:
TO LOCATE THE POINT OF BEGINNING, BEGIN IN THE EASTERN LINE OF WILLIS SPRINGS ROAD WHERE SAME IS INTERSECTED BY SOUTH LINE OF CHARLIE WILSON PROPERTY; THENCE SOUTH 4 DEGREES 44 MINUTES WEST, 50 FEET, TO A POINT; THENCE SOUTH 4 DEGREES 48 MINUTES EAST, 430 FEET, TO A POINT. THIS BEING THE POINT OF BEGINNING FOR TRACT HEREIN CONVEYED; THENCE SOUTH 4 DEGREES 48 MINUTES WEST, 345.7 FEET, TO A POINT; THENCE SOUTH 70 DEGREES 32 MINUTES EAST, 136.06 FEET, TO A POINT THENCE NORTH 26 DEGREES 45 MINUTES WEST, 456 FEET, TO A POINT THENCE WESTWARDLY IN A DIRECT LINE TO THE POINT OF BEGINNING.
BEING THE SANE PROPERTY CONVEYED TO BILLY WAYNE HOLDER AND WIFE JOSIE LYNETTA HOLDER FROM BOBBY JIM WILSON, SR. AND WIFE, MARY WILSON DATED 03/16/84; RECORDED IN BOOK 115, PAGE 143, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
BEING THE SANE PROPERTY CONVEYED TO BILLY WAYNE HOLDER FROM JOSIE LYNETTA HOLDER DATED 04/25/89; RECORDED IN BOOK 140, PAGE 513, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
SUBJECT TO ANY PUBLIC ROAD EASEMENT AS SET OUT IN DEED BOOK 57, PAGE 72, REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
APN #: 119 19.01
The street address of the above described property is believed to be 5909 LADD SPRINGS ROAD, OLD FORT, TN 37362, but if 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.
Owner of Property: BILLY WAYNE HOLDER
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.
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. 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.
Publication Dates: September 25, 2013, October 2, 2013, and October 9, 2013.
Mantenn, LLC, Substitute Trustee
Richard B. Maner, P.C.
5775 Glenridge Dr., Bldg D, Ste 100
Atlanta, Georgia 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 28th day of October, 2013 at 1 p.m. and at the Ducktown Courthouse on the 28th day of October, 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.
CLERK OF COURTS
Heavy Constructors, Inc. in requesting bid proposals for the Polk County Water Authority Deaton Springs Enclosure from certified disadvantaged business enterprises. Please call 770-321-8860 or email firstname.lastname@example.org. Heavy Constructors Inc is and EOE.
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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