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In the Chancery Court for Polk County, Tennessee

IN THE MATTER OF THE ESTATE OF
GURNELL K. PANTER, Deceased No: 2013-PR-34

Notice is hereby given that on the 26th day of August, 2013, Letters Testamentary in respect to the Estate of Gurnell K. Panter, Deceased, who died May 2, 2013, were issued to the undersigned Glenda Kimsey and Carla Zimmerman by the Chancery Court of Polk County, Tennessee.
All persons, resident and nonresident, having claims matured or unmatured, against said estate are required to file the same with the Clerk of the above named Court within the earlier of the dates prescribed in (1) or (2) 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 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 an actual copy of the notice less than sixty (60) days prior to the date that is four (4) months of the date of the first publication (or posting) as described in (1)(a); or
(2)    Twelve (12) months from the decedent’s date of death.
This 26th day of August, 2013.

Glenda Kimsey
Personal Representative

Carla Zimmerman
Personal Represenatative

Bryson M. Kirksey, BPR No. 027358
Burns, Henry & Kirksey, PC
Counel for the Personal Representatives
175 Spring Street NW
PO Box 236
Cleveland, TN 37364-0236
Telephone: (423) 339-0529
Facsimile: (423) 478-2308

Kim Ingram, Clerk and Master



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 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.

CONNIE CLARK
CLERK OF COURTS

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
(404) 252-6385

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


AFC12-TN-168



BID NOTICE

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 heavyjm@bellsouth.net. Heavy Constructors Inc is and EOE.

BID NOTICE

The Polk County Highway Department is terminating the request for bids on the leveling and Micro-surfacing projects concerning 5 miles of Old Federal Road and 3.79 miles of Grassy Creek. The termination is due to the bid specs being dated 1995. Should the Polk County Highway Department decide to proceed with updated specs we will issue a new request for bids.

Roy G. Thomason, Jr.
Superintendent

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 September 14, 2010, of record in Book 414, Page 208, Register’s Office for Polk County, Tennessee, (“ROPC”) from JEFFREY SWALLOWS and TONYA M. HIXSON (“Borrower”) to Douglas N. Blackwell, II (“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 424, said Register=s Office, to serve in the place and stead of Douglas N. Blackwell, II, 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 November 6, 2013 at 1:30 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 the First Civil District of Polk County, Tennessee:
BEING a part of that property conveyed to Edsel F. Beavers and wife, Lorraine Beavers by Fred Brackett and wife, Loretta Brackett by deed dated 3-10-56 recorded in the Register’s Office of Polk County, Tennessee, said part of said property being more fully described as follows: BEGINNING at a point in the Southern line of Station Road, said point being located at the intersection of said Southern line with the dividing line between the Edsel F. Beavers and wife property and the Raymond Mason property; thence Southwardly, and along the Eastern line of the Raymond Mason property a distance of 296 feet to a point, said point being the Southwestern corner of the Beavers property; thence Eastwardly and along the Northern line of the Raymond Mason property a distance of 112 feet to a point; thence Northwardly and parallel with the Eastern line of the Mason property a distance of 296 feet, to a point in the Southern line of Station Road; thence Westwardly and along the Southern line of Station Road a distance of 112 feet to the point of beginning.
Being the property conveyed to JEFFREY SWALLOWS and TONYA M. HIXSON by deed of record in Deed Book 238, Page 400, ROPC
SUBJECT to any existing restrictions, easements or rights of way of record.
This property is commonly known as: 312 Old Fort Road, Old Fort, TN, Tax Map 97, Parcel 43
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: October 3, 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 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
Suite 115
Franklin, TN 37067
PH: 615-550-7697 FX: 615-550-8484
File No.: 13-14478

State of Tennessee
Chancery Court of Polk County
Probate Division

ESTATE OF James Robert Williamson
Deceased.

NOTICE TO CREDITORS

ESTATE OF: James Robert Williamson; Docket No. 2013-PR-43

Notice is hereby given that on the 2nd day of October, 2013, Letters of Administration in respect to the Estate of James Robert Williamson, Deceased, who died April 27, 2013, were issued to the undersigned by the Chancery Court, Probate Division of Polk County, Tennessee.
All persons, resident and nonresident, having claims matured or unmatured, against said estate are required to file the same with the Clerk of the above named Court within the earlier of the dates prescribed in (1) or (2) 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 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 an actual copy of the notice less than sixty (60) days prior to the date that is four (4) months of the date of the first publication (or posting) as described in (1)(a); or
(2)    Twelve (12) months from the decedent’s date of death.
This 2nd day of October, 2013.
Laura M. Crawford
Attorney for the Estate
337 Main Street, PO Box 930
Ducktown, Tennessee 37326

Kim Ingram, Clerk and Master





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 MAY 4, 2011, executed by CASEY EDWARD TRUE AND WIFE RACHEL MIRANDA TRUE, to CHARLES B. BURNS, JR., Trustee, of record in BOOK TD421, PAGE 231, 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 TENNESSEE HOUSING DEVELOPMENT AGENCY,  the entire indebtedness having been declared due and payable by TENNESSEE HOUSING DEVELOPMENT AGENCY BY AND THROUGH ITS AUTHORIZED AGENT AND SERVICER, U.S. BANK NATIONAL ASSOCIATION, 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, NOVEMBER 18, 2013 AT 11:00 A.M. (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:
TRACT I:
REAL ESTATE LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE  TO-WIT:
BEGINNING aT an iron pin located in The SouThwest line of Crews Drive at its intersection wiTh the Northwest line of property now or foRMerly owned by Samuel D. Adams; thence Northwesterly along the curvature of Crews Drive, 170 feet to an iron pin; thence Southwesterly 211 feet to an Iron pin; thence SouTheasterly 162 feet to an iron pin the Northwest line of Adams; thence Northeasterly along the line of Adams 176 feet to the point of BEGINNING.
TRACT II:
REAL ESTATE LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE  TO-WIT:
BEGINNING at an iron pin in THE NORTHWEST line of River’s Edge Estate Subdivision at the present Southeast coRNer of Stan J. Reynolds; thence along the line of River’s Edge Estate Subdivision traveling in a Southwesterly direction 112 feet to an iron pin marking the Northeast coRNer of M. Jane Moore; thence along the line of Moore, Northwesterly 159 feet to an iron pin; thence Northeasterly 140 feet to the present Southwest coRNer of Stan J. Reynolds; thence along the line of Stan J. Reynolds traveling in a Southeasterly direction 161 feet, more or Less to the point of BEGINNING.   
SUBJECT to any and all governmental zoning and/or subdivision ordinances, regulations and requirements in effect thereon.
SUBJECT to drainage and utility easements and to building setback line requirements as set out on recorded plaT.
SUBJECT to any drainage, utility and/or right of way easements on, over, under, across or through the property.
SUBJECT to POLK COUNTY Health Department regulations and/or requirements.
BEING THE SAME PROPERTY CONVEYED TO CASEY EDWARD TRUE AND WIFE, RACHEL MIRANDA TRUE, THEIR HEIRS AND/OR ASSIGNS, FOREVER IN FEE SIMPLE, BY DEED DATED MAY 4, 2011 OF RECORD IN BOOK WD270, PAGE 375, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
SEE ALSO AFFIDAVIT OF FIXATION OF MANUFACTURED HOME DATED MAY 4, 2011 OF RECORD IN BOOK WD270, PAGE 377, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 205 CREWS DR., BENTON, TN 37307.
MAP 054 PARCEL 008.03
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: NONE OF RECORD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
   
This day, October 7, 2013.  This is improved property known as 205 CREWS DR., BENTON, TN 37307.

J. PHILLIP JONES/JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
(615) 254-4430
www.phillipjoneslaw.com
F13-1326






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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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