Public Notices - 11/13/13
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 APRIL 11, 2008, executed by MICHAEL A. GARRETT, UNMARRIED, to DAVID S. HUMBERD Trustee, of record in BOOK TD377, PAGE 333, for the benefit of BANK OF CLEVELAND 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, JANUARY 6, 2014 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:
Located in Polk County, Tennessee, to-wit:
BEGINNING at a point on the Easternmost boundary of Benton Station Road at the inteRsection of the boundary with land owned by heirs of the Betty Wooten as shown on the survey of Richmond Surveying Company dated January 18, 2002; thence North 18 deg. 56 min. 22 sec. West, 164.58 feet running along the Easternmost boundary of Benton Station Road to a point; thence North 70 deg. 50 min. East, 138.24 feet to a point that intersects with the boundary of property owned by McKenney; thence South 19 deg. 25 min. 5 sec. East, 160.00 feet to a point intersecting with lands owned by heirs of Betty Wooten; thence South 68 deg. 57 min. 6 sec. West, 139.67 feet to the point of beginning, being the northernmost parcel shown on the survey of Richmond Surveying Company dated 1-18-02 prepared for Amanda Freeman.
ALSO INCLUDED AND MADE A PERMANENT FIXTURE THEREON is a 1996 Chandeleur manufactured home, Serial No. CH2AL03137A7A & B (CH2AL03137A & B ON AFFIDAVIT OF AFFIXATION). SEE ALSO affidavit of affixation as recorded in Book 256, page 262, Register’s Office of Polk County, Tennessee.
SUBJECT TO ANY APPLICABLE GOVERNMENTAL ZONING ORDINANCES OR SUBDIVISION REGULATIONS IN EFFECT THEREON.
SUBJECT TO UCC FINANCING STATEMENT OF RECORD IN BOOK TD398, PAGE 88, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
BEING THE SAME PROPERTY CONVEYED TO MICHAEL A. GARRETT, UNMARRIED BY WARRANTY DEED DATED APRIL 11, 2008 OF RECORD IN BOOK WD256, PAGE 260, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 1541 BENTON STATION RD., BENTON, TN 37307.
MAP 035N GROUP B PARCEL 001.04
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: VOLUNTEER ENERGY COOPERATIVE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, November 11, 2013. This is improved property known as 1541 BENTON STATION RD., BENTON, TN 37307.
J. PHILLIP JONES/JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
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 March 19, 2007, and the Deed of Trust of even date securing the same, recorded March 29, 2007, at Book TD354, Page 449 in Office of the Register of Deeds for Polk County, Tennessee, executed by Teresa J. Gombash and Kelvin M. Gombash, conveying certain property therein described to EquiTitle, Inc. as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for First American Equity Corp. and First American Equity Corp.’s 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 December 2, 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 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 5, Chilhowee Estates, as shown by plat of record in Plat Book 8, Page 280, in the Registers Office of Polk County, Tennessee.
ALSO KNOWN AS: 141 Burgess Drive, Benton, Tennessee 37307
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: Teresa J. Gombash; Kelvin M. Gombash
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. 817‑193845
DATED October 28, 2013
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
November 6, 2013
November 13, 2013
November 20, 2013
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
NOTICE OF PUBLIC HEARING
In accordance with Tennessee Code Annotated (TCA), Section 13-7-203(a), notice is hereby given of a public hearing to be held by the Ducktown City Commission on Thursday, December 5, 2013 at 6:00 p.m. in the Ducktown City Hall located at 340 Main Street, Ducktown, TN 37317. The purpose of this hearing is to receive public comments on updates to the Ducktown Zoning Map. The updated map will reflect rezonings from the past two years and color code the zoning districts. A copy of the map is available for public inspection during regular business hours at the Ducktown City Hall. All interested parties are encouraged to attend.
All interested parties are encouraged to attend.
Mayor, City of Ducktown
IN THE CIRCUIT COURT OF POLK COUNTY, TENNESSEE
ROBIN MICHELLE DALTON HUGHES,
DANIEL NEWTON HUGHES
ORDER OF PUBLICATION
It appearing from the Complaint in this cause, which is sworn to, that the Defendant, DANIEL 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
CIRCUIT COURT JUDGE
M. Susie Starnes, BPR# 20294
Attorney For Plaintiff
223 Harle Avenue NW
Cleveland, Tennessee 37311
WHEREAS, a Deed of Trust has been heretofore executed by Richard K Horace and wife, Charmaine Horace, to Laura M. Crawford, Trustee, dated May 25, 2004, filed for record March 13, 2009, and recorded in Book TD392, Page 122, in the Register’s Office of Polk County, Tennessee, conveying the hereinafter described real estate in trust, to secure payment of a promissory note therein described, payable to the order of Soo Line Credit Union, and,
WHEREAS, by instrument executed by the present holder and owner of said note, Soo Line Credit Union, dated October 1, 2013, filed for record October 11, 2013, and recorded in Book MS148, Page 497, in the Register’s Office of Polk County, Tennessee, Gary E Lester has been appointed as Substitute Trustee, with all of the rights, powers and privileges of the original Trustee named in said Deed of Trust; and,
WHEREAS, default has been made in payment of installments maturing on said promissory note, and in performance of covenants contained in the Deed of Trust, by reason of which Soo Line Credit Union, the lawful owner and holder of said note, has declared the entire balance owing thereon due and payable, default has been made in payment thereof, such default continuing;
NOW, THEREFORE, by virtue of the power and authority vested in me as such Substitute Trustee, under the Deed of Trust of record in Book TD392, Page 122, aforesaid, at the request of the owner of said note, and for the purpose of effecting payment and satisfaction thereof, principal and interest, attorney’s fees, and cost of sale, I, Gary E Lester, Substitute Trustee, will on
December 10, 2013
at 1:30 o’clock P.M., offer for sale at public outcry, to the highest and best bidder for cash, at the East Door of the Polk Co Courthouse door of the Polk County Courthouse, in the City of Benton, Polk County, Tennessee, in bar of the equities of redemption, statutory right of redemption, dower, distributive share, homestead, and all other exemptions, the following described real estate:
Described property located in the Third Civil District of Polk County, Tennessee:
A certain tract or parcel of land lying and being in Section 19 and 30, Fractional Township 3 South, Range 5 East of the Ocoee Basis Line, and being more particularly described as Lot 17 of Campbell Cove Creek Development, Phase II, containing 5.02 acres, more or less, as shown on a survey plat dated March 20, 2004 prepared by Lane S. Bishop, Tennessee Registered Land Surveyor No. 1324, and recorded in Plat Book 10, page 19 in the Register of Deeds Office, Polk County, Tennessee. Said survey plat is incorporated herein and made a part hereof by reference for a more complete description of the property herein conveyed.
Subject to an easement on Campbell Cove Creek Road as recorded in Book 217, Page 496, in the Register of Deeds Office, Polk County, Tennessee. Property is located on Private Road and not County maintained.
Subject to Restrictions of Campbell Cove Creek, Phase II incorporated as Exhibit A in this Warranty Deed.
Hydrocarbon Estate, gas, oil and helium etc., rights, and right of ingress and egress heretofore reserved by Cities Service Company in Book 108, Page 289, recorded in the Register of Deeds Office, Polk County, Tennessee.
Subject to existing easements and right of ways for public roads and utilities, if any. Subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations, if any. Also conveyed herewith is the non-exclusive right of ingress, egress and utility service along existing roads to the subject property.
BEING AND INTENDED TO BE THAT SAME PROPERTY CONVEYED UNTO CCC Developments, LLC from Jack Stanley, James Garrett and Randy Mundy by Warranty Deed recorded May 5, 1999 in Book 209, Page 471, in the Register of Deeds Office, Polk County, Tennessee.
BEING AND INTENDED TO BE THAT SAME PROPERTY CONVEYED UNTO Richard K. Horace and wife, Charmaine Horace from CCC Developments, LLC by Warranty Deed recorded June 4, 2004, in Book 232, Page 175, in the Register of Deeds Office, Polk County, Tennessee.
Description taken from prior deed.
This is unimproved property at Lot 17 Campbell Cove Creek Road, Copperhill, Tennessee 37317.
The sale will be made as Trustee only, without covenants of seizin or warranties of title, subject to any unpaid taxes or other liens and assessments owing on the property.
The trustee reserves the right to adjourn the sale date to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above.
This October 25, 2013.
Gary E Lester, Substitute Trustee
Any persons having claim to property at 390 Etowah Rd has 30 days from the date of this publication to make claim or be forever barred. Contact Robin Evans, 423-310-3807.
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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