April 16, 2014 - 03:59
Public Notices - 10/30/13
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Sale at public auction will be on November 21, 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 Alvin Nix and Ruby Nix, his wife, to Benita Mitten, Trustee, on November 12, 2004 at Book TD313, Page 281, Instrument No. 04003960; all of record in the Polk County Register’s Office.
Party entitled to enforce security interest: Deutsche Bank National Trust Company, as Trustee, on behalf of the registered holders of GSAMP Trust 2005-HE3, Mortgage Pass-Through Certificates, Series 2005-HE3, its successors and assigns
The following real estate located in Polk County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in Polk County, Tennessee, and being more particularly described in deed of record in Book TD313, Page 281, Instrument No. 04003960; in the Register’s Office of Polk County, Tennessee
Secondary Property Address: 123 Brewer Road, Oldfort, Tennessee 37362
Parcel Number: 108-052.00 and 108-052.00-S/I001
Current Owner(s) of Property: Alvin Nix and wife, Ruby Nix
Other interested parties: Discover Bank, issuer of Discover Card C/O Nathan & Nathan, P.C.
The street address of the above described property is believed to be 135 Brewer Road, Old Fort, Tennessee 37362, 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.
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 you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
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
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. 13-052471

Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed March 7, 2007 by James Burris and Linda Burris, husband and wife to Kelly Rule, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD 354, Page 202 and Modified in Record Book TD 428, Page 76, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register’s Office, and the owner of the debt secured, Midfirst Bank, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Thursday, November 7, 2013 commencing at 11:00 AM, at the Main (West) Door of the Courthouse, Benton, Polk County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to‑wit:
Situated in County of Polk, State of Tennessee.
Situated and lying in the 1st Civil District of Polk County, Tennessee, and being more particularly described as follows:  Beginning at an established corner at a point where the tract of land herein described corners with the land of Frady, Dunn and Darr, being the Southwest corner of the land herein described, and beginning in the most Northerly line of an apparent county road; and running thence in a Northerly direction with the Darr line, 215 feet, to a corner; thence extending in a generally Easterly direction on a line parallel with the apparent County Road, 210 feet, with a corner of other lands of Burris; thence in a generally Southerly direction with the most Western line of other lands of Burris on a line parallel with the Darr line, 215 feet, more or less, to the most Northerly line of the apparent County Road, same being the North line of Frady; and running thence in a generally Westerly direction, 210 feet, to the Beginning.  THIS CONVEYANCE ALSO INCLUDES the manufactured home described below located at the below-reference address is permanently affixed to a foundation and will assume the characteristics of site built housing:  Year: 1984; Manufacturer: Commodore Home Systems; Model: Frontier; Serial Number: BI-20747-A and BI-20747-B; HUD Certification Label: RAD 223277 Side B and RDA 223278-Side A located at 143 Stafford Road, Oldfort, Tn  37362
Tax Parcel ID: 086-078.01
Property Address: 143 Stafford Road, Oldfort, TN.
Other Interested Parties:  Secretary of Housing and Urban Development
All right and equity of redemption, homestead and dower 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.
ARNOLD M. WEISS, Substitute Trustee
                        Weiss Spicer Cash PLLC
208 Adams Avenue
Memphis, Tennessee   38l03        90l‑526‑8296
                File # 1882-106953-FC

Published:        October 16            October 23            October 30          
MidFirst Bank/James Burris          


The Board of Directors of the Polk County 911 Emergency Communications District will meet at 5:30 p.m. on December 4 at 1817 Delano Road, in Delano, TN, or such other location as may be posted, where and which time the Board will consider any matter that may be properly presented. The public is invited to all meetings.

Stephen Lofty, Chairman
9-1-1 Board of Directors






It appearing from the Complaint in this cause, which is sworn to, that the Defendant, GANIEL NEWTON HUGHES’ residence may still be within the State of Tennessee; and it further appearing that his exact whereabouts are unknown so that ordinary process cannot be served upon him.
It is therefore ordered that said Defendant, DANIEL NEWTON HUGHES, will appear and make defense within thirty (30) days of the Complaint, or the same will be taken for confessed as to default and set for hearing ex parte, and that a copy of this order be published for four consecutive weeks in the POLK COUNTY NEWS, a newspaper in Benton, Tennessee.
Within that time Defendant is also required to serve a copy of his pleadings upon M. SUSIE STARNES, Plaintiff’s Attorney whose address is 223 Harle Avenue NW, Cleveland, Tennessee 37311.
ENTER this 28 day of October, 2013.
Lawrence H. Puckett
M. Susie Starnes, BPR# 20294
Attorney For Plaintiff
223 Harle Avenue NW
Cleveland, Tennessee 37311
(423) 614-5600


WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated September 30, 2005, and the Deed of Trust of even date securing the same, recorded October 4, 2005, at Book TD326, Page 427 in Office of the Register of Deeds for Polk County, Tennessee, executed by Shawn Joseph Laney and Tauddy C. Laney, 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 January 6, 2014 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 certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all 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:
Located in the First Civil District of Polk County, Tennessee:
Lot 3, Choctaw Springs, as shown by plat of record in Plat Book 9, Page 84, in the Register’s Office of Polk County, Tennessee.
For prior title see Deed recorded in Deed Book 240, Page 40, in the Register’s Office of Polk County, Tennessee.
ALSO KNOWN AS:  159 White Road Southeast, Old Fort, Tennessee 37362-5112
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:  Shawn Joseph Laney; Tauddy C. Laney; Secretary of Housing & Urban Development
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. 1286‑239971

    DATED October 23, 2013

              Successor Trustee
    October 30, 2013
    November 6, 2013
    November 13, 2013

FHA No. 481-253127 5
DSaleNoticeTN-Shellie_bsutherland_131023_ 836

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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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