Public Notices - 12/11/13
SUBSTITUTE TRUSTEE’S SALE
Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed November 5, 2005 by Alvin Franklin Newman and Telene Newman, Husband and Wife to Dennie R. Marshall, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD329, Page 559, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register’s Office, and the owner of the debt secured, Green Tree Servicing LLC, 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, January 9, 2014 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.
All that parcel of land in City of Copperhill, Polk County, State of Tennessee, as more fully described in Deed Book 204, Page 212, ID# 116-035-00, Being known and designated as: TRACT ONE: ALL THAT TRACT OR PARCEL OF LAND situated in the Third Civil District of Polk County, Tennessee, and in Section 1, Fractional Township 4 South, Range 5, East of the Ocoee Basis Line, BEGINNING at corner of Old Ducktown Pike and small creek which crosses road, which corner in the Northeast corner of the property herein conveyed; thence with Old Ducktown Pike and said fence joining Mary Bryant property; thence with said fence a Westerly direction to the top of the hill to a corner with Bell Heirs property; thence Northerly direction with Bell Heirs property along old fence row to creek; thence with creek downstream to said Old Ducktown Pike; to the point of BEGINNING, containing Two (2) acres, more or less, and improved with four room frame house. Subject to existing easements and right of ways for public roads and utilities, if any. Also subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations. 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 ALL OF THE SAME PROPERTY CONVEYED to ROBERT D. PRINCE and wife, ANGELA PRINCE, by Warranty Deed from MOZELLE P. MONTGOMERY, recorded on December 9, 1982 in Book 109, pages 202-203 in the Register of Deeds Office, Polk County, Tennessee. For source of title see Deed of Assumption to Kenneth Paul Hedrick and wife, Patsy M. Hedrick from Robert D. Prince and wife, Angela Prince recorded on April 4, 1983 in Deed Book 110, pages 317-319 in the Register of Deeds Office, Polk County, Tennessee. TRACT TWO: ALL THAT TRACT OR PARCEL OF LAND situated in the Third Civil District, Polk County, Tennessee, to-wit: BEING, a lot previously assessed to NORA CARTER and being identified on tax map 116, parcel 37.00 (map updated through January 1, 1983). North by Kenneth Hedrick East by Kenneth Hedrick; South by Tennessee Chemical; West by Lena Bryant.
Subject to existing easements and right of ways for public roads and utilities, if any. Also subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations. Also conveyed herewith is the non-exclusive right of ingress, egress and utility service along existing roads to the subject property. For source of title see Tax Deed to Kenneth Hedrick recorded in Deed Book 115, pages 43-44 in the Register of Deeds Office, Polk County, Tennessee. TRACT THREE: ALL THAT TRACT OR PARCEL OF LAND situated in the Third Civil District of Polk County, Tennessee, and being more particularly described as follows: BEGINNING at the line of the Tennessee Copper Company at the corner of J.L. Chastain lot running in a north direction with J.L. Chastain line and others to corner of Homer Loudermilk; thence with Homer Loudermilk line 50 feet; thence West; thence North to the road and top of the ridge; thence in a southwest direction to the T.C. Co. Line; thence East to T.C. Co. Line to the beginning corner. Fractional Township Four, South Range Five, East of the Ocoee Basis Line, Ocoee District, Polk County, Tennessee. Subject to existing easements and right of ways for public roads and utilities, if any. Also subject to Polk County, Tennessee Subdivision Regulations and Mobile Home Regulations. Also conveyed herewith is the non-exclusive right of ingress, egress and utility service along existing roads to the subject property. BEING the same real estate conveyed to Elisha Bryant and wife, Lena Bryant by deed of Albert G. Cross and wife, Lola May Cross, dated January 30, 1945, and recorded in Deed Book 60, page 369 in the Register’s Office, Polk County, Tennessee. For source of title see Deed to Kenneth Paul Hedrick and wife, Patsy M. Hedrick from Lena Bryant recorded on 5-26-84 in Deed Book 116, pages 61-62. TRACT FOUR
ALL THAT TRACT OR PARCEL OF LAND situated in Section 1, Fractional Township 4 South, Range 5 East of the Ocoee Basis Line, Third Civil District of Polk County, Tennessee, and being more particularly described as follows: BEGINNING at a point on the northwest corner of the property herein conveyed located in the centerline of a 10 foot gravel road; said point of beginning also being located South 63 degrees 19 minutes 38 seconds East a distance of 501.16 feet from TCC Monument #96, off 1307.11 feet from the corner dividing the Northeast quarter and the Southeast quarter of Section 2 and the Northwest quarter and the Southwest quarter of Section 1. From said point of beginning, leaving said quarter section line and along with said centerline in a left-hand curve a distance 21.62 feet subtended by a chord South 89 degrees 6 minutes 23 seconds West a distance of 21.62 feet; radius = 279.55 feet; thence leaving said centerline South 63 degrees 19 minutes 38 seconds East a distance of 315.81 feet to a point, thence North 59 degrees 13 minutes 29 seconds East a distance of 11.86 feet to a point on the aforementioned quarter section line; thence along with said quarter section line North 63 degrees 19 minutes 38 seconds West a distance of 303.04 feet to the point of BEGINNING containing 0.07 acres as surveyed by Lane S. Bishop, Registered Land Surveyor No. 1324 and designated as parcel #3 on survey plat for Tennessee Chemical Company, dated December 23, 1985 designated as Map No. 0-103-3800-80 on file in the office of Tennessee Chemical Company, Copperhill, Polk County, Tennessee to which reference is hereby made.
Tax Parcel ID: 116-035.00
Property Address: 783 Isabella Avenue, Copperhill, TN.
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 # 7134-109986-FC
Published: December 4 December 11 December 18
Green Tree Servicing LLC/Alvin Newman
Notice is hereby given that the Polk County Coordinating Committee will hold a meeting on Monday December 16th 2013 at the Benton Municipal Building located at 6496 Highway 411, Benton, TN 37307 at 3:00 P.M. The Coordinating Committee will hear information on amending the Polk County Growth Plan. The proposed amendment is to the Ducktown Urban Growth Boundary. All interested parties are encouraged to attend.
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 JUNE 4, 2007, executed by JEFFERY CRUMLEY (AKA JEFFERY TODD CRUMLEY; AKA JEFFERY T. CRUMLEY) AND BRANDY J. CRUMLEY (AKA BRANDY JEAN CRUMLEY), HUSBAND AND WIFE, to SECURE TITLE OF CLEVELAND, INC., Trustee, of record in BOOK TD359, PAGE 362, for the benefit of FIRST AMERICAN EQUITY CORP., 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 BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, the entire indebtedness having been declared due and payable by BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; 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 13, 2014 AT 1:00 P.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:
BEING THE REMAINING PORTION OF WILLIAM A. CHERRY AND MARY LOU CHERRY’S INTEREST IN A 5 ACRE PARCEL OF LAND LYING ON THE WEST SIDE OF OLD FEDERAL ROAD, AS DESCRIBED IN DEED BOOK 190, PAGE 289, IN THE REGISTER’S OFFICE OF POLK COUNTY TENNESSEE. SAID LAND IS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT AN IRON PIN IN THE WESTERN EDGE OF THE RIGHT-OF-WAY OF OLD FEDERAL ROAD, SAID IRON PIN MARKING THE SOUTHEAST CORNER OF THE PROPERTY OF LONGLEY WHERE SAID CORNER INTERSECTS WITH THE WESTERN EDGE OF THE RIGHT-OF-WAY OF OLD FEDERAL ROAD; THENCE PROCEED ALONG THE COMMON DIVIDING LINE BETWEEN THE PROPERTY OF LONGLEY AND CHERRY, NORTH 66 DEGREES 45 MINUTES WEST 402.07 FT. TO AN IRON PIN MARKING THE NORTHEASTERN MOST CORNER OF PROPERTY OF MISCHELLE J. DILL AS DESCRIBED IN DEED BOOK 234, PAGE 43, IN THE REGISTER’S OFFICE OF POLK COUNTY TENNESSEE; THENCE ALONG THE COMMON DIVIDING LINE BETWEEN DILL AND CHERRY, SOUTH 23 DEGREES 15 MINUTES WEST 160 FT. TO A POINT IN THE NORTHERN EDGE OF A NON-EXCLUSIVE 50 FT. WIDE EASEMENT FOR RIGHT-OF-WAY AND ACCESS PURPOSES; THENCE SOUTH 66 DEGREES 45 MINUTES EAST APPROXIMATELY 410 FT. BACK TO AN IRON PIN IN THE WESTERN EDGE OF THE RIGHT-OF-WAY OF OLD FEDERAL ROAD; THENCE NORTH 23 DEGREES 15 MINUTES EAST 160 FT. ALONG THE WESTERN EDGE OF OLD FEDERAL ROAD BACK TO THE POINT OF BEGINNING. SAID DESCRIPTION BEING PREPARED USING THE SURVEY PREPARED BY DOYLE MCCRACKEN, DATED 7/20/98, CAPTIONED BOUNDARY SURVEY OF PORTION OF WILLIAM CHERRY PROPERTY. ALSO CONVEYED IS ALL THE RIGHT, TITLE, CLAIM OR INTEREST OF WILLIAM A. CHERRY AND MARY LOU CHERRY IN A 50 FT. WIDE STRIP OF LAND FRONTING ON THE WESTERN EDGE OF THE RIGHT OF WAY OF OLD FEDERAL ROAD AND RUNNING PARALLEL TO THE SOUTHERN BOUNDARY OF THE ABOVE DESCRIBED PROPERTY OF UNIFORM WIDTH OF 50 FT. ALONG THE SOUTHWEST LINE OF THE ABOVE DESCRIBED TRACT. SAID PARCEL IS DESCRIBED PARTICULARLY AS:
BEGINNING AT THE SOUTHEASTERN MOST CORNER OF THE ABOVE PARCEL, WHERE SAID CORNER INTERSECTS WITH THE WESTERN EDGE OF THE RIGHT-OF-WAY OF FEDERAL ROAD; THENCE NORTH 66 DEGREES 45 MINUTES WEST APPROXIMATELY 410 FT. TO A POINT; THENCE SOUTH 23 DEGREES 15 MINUTES WEST APPROXIMATELY 50 FT. TO A POINT OF INTERSECTION WITH LAND OF CAMPBELL; THENCE ON THE NORTHERN BOUNDARY LINE OF PROPERTY OF CAMPBELL, NORTH 66 DEGREES 45 MINUTES WEST APPROXIMATELY 410 FT. BACK TO A POINT IN THE WESTERN EDGE OF THE RIGHT-OF-WAY OF OLD FEDERAL ROAD; THENCE A NORTHERLY DIRECTION WITH THE RIGHT-OF-WAY OF OLD FEDERAL ROAD IN A COURSE OF APPROXIMATELY NORTH 23 DEGREES 15 MINUTES EAST APPROXIMATELY 50.04 FT. BACK TO THE POINT OF BEGINNING. SAID 50 FT. WIDE STRIP IS SUBJECT TO A NON-EXCLUSIVE PERPETUAL EASEMENT FOR ACCESS AND UTILITIES GRANTED IN DEED BOOK 206, PAGE 47 TO WILLIAM A. CHERRY, JR., AND IN DEED BOOK 206, PAGE 50 TO MISCHELLE J. DILL BOTH RECORDED IN THE REGISTER OF DEEDS OFFICE POLK COUNTY, TENNESSEE.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:
ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON.
THIS CONVEYANCE IS MADE SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS AND CONDITIONS OF RECORD, INCLUDING MATTERS SHOWN ON RECORDED PLATS.
BEING THE SAME PROPERTY CONVEYED TO JEFFERY TODD CRUMLEY AND WIFE, BRANDY J. CRUMLEY, BY SPECIAL WARRANTY DEED DATED JUNE 4, 2007 OF RECORD IN BOOK WD251, PAGE 346, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 1963 OLD FEDERAL ROAD, OCOEE, TENNESSEE 37361.
MAP 064 PARCEL 130.00
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, December 9, 2013. This is improved property known as 1963 OLD FEDERAL ROAD, OCOEE, TENNESSEE 37361.
J. PHILLIP JONES/JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
There is hereby notification pursuant to T.C.A. 5-9-109(d) of intent to make appropriation(s) to the Copper Basin Health Care Foundation a non-profit, non-charitable organization in the amount of $3,250 (Three thousand two hundred and fifty dollars) or some lesser amount for the purpose of continuing to provide scholarships for local area kids who are advancing into medical fields. Such appropriation(s) shall be acted on at a regularly scheduled meeting of the Polk County Commission on Thursday, December 19th at 7 p.m. at the Copper Basin Community Center in Ducktown , TN.
Polk County News | P.O.
Box 129 | 3 Main Street | Benton TN 37307
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