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Public Notices - 2/19/14
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SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on March 13, 2014 at 12:00PM local time, at the west door, Polk County Courthouse, 6239 Highway 411, 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., Razor Capital II, LLC C/O David L. Mendelson, Attorney

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.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
 
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 made payable to or endorsed to Shapiro & Kirsch, LLP. 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
www.kirschattorneys.com
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

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated February 8, 2006, executed by DAVID KINCAID, LORRAINE KINCAID, conveying certain real property therein described to MARK A. ROSSER, as Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee recorded March 1, 2006, in Deed Book TD332, Page 544-560; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC5 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Polk County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on March 6, 2014 at 11:00 AM at the West Entrance of the Polk County Courthouse , located in Benton, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Polk County, Tennessee, to wit: A CERTAIN TRACT OR PARCEL OF LAND IN POLK COUNTY, STATE OF TENNESSEE, DESCRIBED AS FOLLOWS, TO-WIT: THE FOLLOWING DESCRIBED REAL ESTATE: A CERTAIN TRACT OF LAND SITUATED IN THE DISTRICT NO THREE AND THE OLD TENTH CIVIL DISTRICT OF POLK COUNTY, TENNESSEE AND BEING LOTS NO 7 AND 8 IN THE FIRST ROW IN SAID TOWN OF STAFFORDTOWN, AND BOUNDED ON THE EAST BY TENNESSEE COPPER COMPANY; ON THE SOUTH BY WILLIAM SEAGRAVES; WEST BY W. T. CENTER; ON THE NORTH BY W. F. DILBECK, EAST LOT BEING 50 FEET BY 100 FEET. FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 1260-A-011; SOURCE OF TITLE IS BOOK 210, PAGE 586B (RECORDED 09/03/99) Parcel ID: 126O-A-011.00 PROPERTY ADDRESS: The street address of the property is believed to be 240 Wrights Alley, Copperhill, TN 37317. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): DAVID KINCAID, LORRAINE KINCAID OTHER INTERESTED PARTIES: Cleveland Anesthesiologist The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid 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; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #66846: 2014-02-05  2014-02-12, 2014-02-19 

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 3rd day of March, 2014 at 1 p.m. and at the Ducktown Courthouse on the 3rd day of March, 2014 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 David Milen, and the foreman for the Ducktown area is Roger Thomasson.

CONNIE CLARK
CLERK OF COURTS

CITY OF DUCKTOWN
P.O. BOX 506
DUCKTOWN, TENNESSEE 37326
(423)496-3546

PUBLIC NOTICE
City of Ducktown

All 2012 taxes must be paid by March 1, 2014 to avoid penalties and interest. Taxes can be paid at Ducktown City Hall Mon., Tues.-Thurs. & Fri. from 8:30 a.m. to 4:00 p.m. Wednesday from 8:30 to 1:30 or mailed to the address above.
Marty Fowler

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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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