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Public Notices - 2/26/14
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CITY OF DUCKTOWN
P.O. BOX 506
DUCKTOWN, TENNESSEE 37326

PUBLIC NOTICE
CITY OF DUCKTOWN

The 2012-2013 audit for the City of Ducktown
Has been completed and is now on file at Ducktown
City Hall for public inspection. Office hours
Are from 8:30 a.m. to 4:00 p.m.,
Monday, Tuesday, Thursday, and Friday,
Wednesday from 8:30 a.m. to 1:30 p.m.

Marty Fowler
City Clerk

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

PUBLIC NOTICE

The Polk County Road Department will be accepting bids for:

•    1-new trailer mounted self-contained spray injection patching machine
•    1-used trailer mounted self-contained spray injection patching machine
All parts not specifically mentioned which are necessary to provide a complete unit shall be furnished by the successful bidder and shall conform in strength and quality of material and workmanship to what is provided by the industry in general.  The equipment bid will be the manufacturer’s latest current production model.
PCRD reserves the right to refuse any and all bids in the best interest of Polk County.  Specifications are available upon request by contacting 423-338-4177.


PUBLIC NOTICE

The Polk County Road Department is requesting bids for the FY 2014-2015.  All bids shall be sealed and plainly marked on the envelope.  Requested products are:
•    Rock products
•    Liquid asphalt
•    Tires
•    Batteries
•    Pipe galvanized
•    Pipe plastic
    Bids must be received by PCRD no later than March 27, 2014.  Bids will be opened March 27, 2014 at 2 p.m. EST at 1887 Welcome Valley Rd Benton, TN.  Bid packets with specifications may be requested from PCRD at 423-338-4177.
PCRD reserves the right to reject any and all bids it deems to be in the best interest of Polk County.  The effective date for this contract is April 1, 2014 through March 31, 2015 and shall include the option to extend contracts on agreement by both parties.

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

IN THE CIRCUIT COURT OF POLK COUNTY, TENNESSEE
STATE OF TENNESSEE, ON RELATION
OF THE COMMISSIONER, DEPARTMENT
OF TRANSPORTATION, FOR AND ON
BEHALF OF SAID DEPARTMENT.
PETITIONER,
VS.
JAMES KERR, Deceased;
DEFENDANT
CASE NO: CV-01-146
JURY DEMAND/12PERSONS
Project No. NH-33(31)
70003-2229-14
Tract No. 18
Tax Map/Parcel: 64/10
Judge Puckett

ORDER OF REVIVOR
It appearing to the Court that a Suggestion of Death of JAMES KERR, has been made and filed of record as of October 10, 2013, and the Petitioner, State of Tennessee, ex rel, Department of Transportation, pursuant to Rule 25 of the Tennessee Rules of Civil Procedure, have moved that the action be revived as to the heir(s) and/or next of kin of the deceased, and, Tammie Renae Presswood, Unknown Heir(s) of James Kerr, James Felix Kerr Living Trust, and any person/entity having an interest in the hereinabove referenced action and/or having an interest in the property that is the subject of this action, and the Court fully understanding same was pleased to grant same.
It is further ORDERED, that Tammie Renae Presswood, Unknown Heir(s) of James Kerr, James Felix Kerr Living Trust, and any person/entity having an interest in the hereinabove referenced action and/or having an interest in the property that is the subject of this action, are hereby substituted as party defendants in place of the deceased in this action, and this cause shall be and the same is hereby revived against the estate of said defendants.
IN CONFORMITY WITH THE PREMISES, IT IS ACCORDINGLY ORDERED.
Enter this 21st day of February, 2014.

HONORABLE LAWRENCE H. PUCKETT
CIRCUIT COURT JUDGE
APPROVED FOR ENTRY:
ROBERT E. COOPER, JR.
ATTORNEY GENERAL & REPORTER
FOR THE STATE OF TENNESSEE
M. AMANDA GOVAN, (BPR#020182)
SENIOR COUNSEL
ATTORNEY GENERAL’S OFFICE
540 McCallie Avenue, Suite 560
Chattanooga, TN 37402 * (423) 634-6404
Attorney For Petitioner, State of Tennessee

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and exact copy of this pleading has been served upon all parties at interest by placing a true and exact copy of said pleading in the United States Mail, with sufficient postage thereupon to carry the same to its destination, on this 21st day of February, 2014.
Mr. J. D. Lee
Attorney At Law
422 S. Gay Street, 3rd Floor
Cable Piano Building
Knoxville, Tennessee 37902 (865-456-5901)
Attorney for Dfendant, James Kerr
Ms. Tammie Renae Presswood
(Certified Mail 7012 0470 0000 1985 4310)
Post Office Box 1837
Rainsville, AL 35986-1837


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 October 9, 2009 by Jessica L. Wilson, a single woman to Realty Title, as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD402, Page 44, and the undersigned having been appointed Substitute Trustee by instrument recorded, in the said Register’s Office, and the owner of the debt secured, Bank of America, N.A., 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, March 27, 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.
Land in the First Civil District of Polk County, Tennessee, being described as follows, to-wit:  Beginning at a point being South 58 degrees 1 minute 38 seconds East 1838.93 feet from the centerline intersection of Ball Play Road and CSX Railroad at a set iron pin; thence along the South side of Ball Play Road South 78 degrees 0 minutes 0 seconds East a distance of 162.23 feet to a point; thence continuing along the South side of Ball Play Road South 79 degrees 46 minutes 18 seconds East a distance of 99.44 feet to a set iron pin; thence South 22 degrees 28 minutes 27 seconds West a distance of 235.55 feet to a set iron pin; thence North 61 degrees 1 minute 0 seconds West along the Conasauga River a distance of 84.47 feet to a point; thence North 53 degrees 45 minutes 6 seconds West along the Conasauga River a distance of 71.49 feet to a point; thence North 33 degrees 17 minutes 18 seconds West along the Conasauga River a distance of 39.53 feet to a point; thence North 45 degrees 57 minutes 14 seconds West along the Conasauga River a distance of 52.84 feet to a set iron pin; thence North 12 degrees 1 minute 18 seconds East a distance of 63.11 feet along an existing fence line to an existing steel fence post; thence North 12 degrees 1 minute 18 seconds East along the fence line a distance of 55.56 feet to the point of beginning, as per survey of Rex T. Ball, RLS No. 897, dated January 30, 1995, and being Drawing No. JN955. NOTE FOR INFORMATIONAL PURPOSES ONLY: Prior deed reference the subject property to contain 1.04 acres, more or less. Subject to all easements, restrictive covenants and conditions, and other matters of record, including all items set out on any applicable plat of record.
Tax Parcel ID: 119-016.08
Property Address: 334 Ball Play Road, Old Fort, 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 # 1701-111732-FC

Published:        February 26            March 5       
March 12
          
Bank of America/Jessica Wilson    

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 June 11, 2010, of record in Book TD 411, Page 76, Register=s Office for Polk County, Tennessee, (“ROPC”) from Ellis Laughter and wife, Julie Laughter (“Borrower”) to William P. Biddle  (“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 149, Page 410, said Register=s Office, to serve in the place and stead of William P. Biddle, Trustee; and
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 March 21, 2014 at 1:45 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 Polk County, Tennessee:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE: TO-WIT:
LOT ELEVEN (11) of LIFESTYLE HEIGHTES, PHASE I, as shown by plat of record in Plat Book 9, Page 114, Register’s Office of Polk County, Tennessee to which reference is herein made for more particular description.
ALSO CONVEYED HEREWITH is a manufactured home as described in that Affidavit of Affixation of record in Deed Book 264, Page 197, in the Register’s Office of Polk County, Tennessee.
Being the same property conveyed to Ellis Laughter and wife, Julie Laughter by Warranty Deed from John Qualls and Alys Qualls, dated 10/22/2009 and recorded 10/22/2009, in Book 264, Pages 199-200, in the Register’s Office of Polk County, Tennessee.
FOR PRIOR TITLE: Being a portion of the same property conveyed to John Qualls and Alys Qualls by John Qualls, Alys S. Qualls, individually and as executor and Personal Representative of the Estate of J.T. Qualls, deceased and First Tennessee Bank, NA Personal Representative of the Estate of Wallace Neil Higgins, deceased, being the same person as Neil Higgins as recorded in Deed Book 235, Pages 40-41, Register’s Office, Polk County, Tennessee.
SUBJECT TO Restrictions for Lifestyle Heights, Phase I, as recorded in Misc. Book 113, Page 323, Register’s Office, Polk County, Tennessee.
SUBJECT TO All notations, conditions, limitations as set out and shown on recorded plat.
M/P 035M-E-011.00
This property is commonly known as:  163 Lifestyle Way, Benton, Tennessee 37307
                       Map & Parcel  035M-E-011.00

Additionally, the property is encumbered by a subsequent lien to Brian J. Frank and/or Lisa Slater, Trustee(s) for Lexington National Insurance Corporation, PO Box 6098, Lutherville, MD 21094, by Deed of Trust dated April 16, 2013, of record in Book TD 448, Page 349.  Notice of the Trustee’s foreclosure sale has been provided to all 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: February 24, 2014            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.

IN THE CIRCUIT COURT OF POLK COUNTY, TENNESSEE
STATE OF TENNEESSEE, ON RELATION OF THE COMMISSIONER, DEPARTMENTOF TRANSPORTATION, FOR AND ONBEHALF OF SAID DEPARTMENT

PETITIONER,

VS.

JAMES KERR, Deceased;

DEFENDANT

CASE NO: CV-01-146
JURY DEMAND/12PERSONS
Project No. NH-33(31)
70003-2229-14
Tract No. 18
Tax Map/Parcel: 64/10

Judge Puckett

ORDER OF PUBLICATION

In this cause, it appearing from the record that the Unknown Heir(s) of the Defendant, JAMES KERR, Deceased, may have an interest in a certain parcel of land recorded January 17, 1977, in Deed Book 87, Page 311, Register’s Office of Polk County, Tennessee, and more particularly described in Exhibit “A” attached to the Petition For Condemnation heretofore filed in this cause; and, further,
IT APPEARING that the location and address of the Unknown Heir(s) of the Defendant, JAMES KERR, Deceased, is unknown and that regular service process cannot be had upon it; and further,
IT IS, THEREFORE, ORDERED that publication be made for four (4) consecutive weeks in Polk County News published in Polk County, Tennessee, requiring said Defendant(s), Unknown Heir(s) of James Kerr, James Felix Kerr Living Trust, and any person/entity having an interest in the hereinabove referenced action and/or having an interest in the property that is the subject of this action, to appear and make defense to said Petition for Condemnation before the Circuit Court of Polk County, Tennessee, within thirty (30) days after the fourth weekly publication of this order, the same will be taken as admitted by the Unknown Heir(s) of the Defendant, JAMES KERR, Deceased, and the case will be set for hearing ex parte or without the Unknown Heir(s) of the Defendant, JAMES KERR, Deceased, being present.

Enter this 21st day of February, 2014.

HONORABLE LAWRENCE H. PUCKETT
CIRCUIT COURT JUDGE
APPROVED FOR ENTRY:
ROBERT E. COOPER, JR. ATTORNEY GENERAL & REPORTER FOR THE STATE OF TENNESSEE

M. AMANDA GOVAN, (BPR#020182)
SENIOR COUNSEL
ATTORNEY GENERAL’S OFFICE
540 McCallie Avenue, Suite 560
Chattanooga, TN 37402 * (423) 634-6404
Attorney For Petitioner, State of Tennessee
Polk County. Tract No. 18
Federal Project No. NH 33(31)
State Project No. 70003-2229-14
Landowner: James Kerr

LEGAL DESCRIPTION

EXHIBIT “A”

PARCEL NO 1: Beginning at point of intersection between the proposed right-of-way line of highway project no. NH-33(31_ and Kerr’s east property line, 43-93 feet right of project centerline station 5 900.940, thence along the proposed right of way line also being the said property line of Kerr south 24 degrees 00 minutes 06 seconds west 124.25 feet to a point 42.65 feet right of project centerline station 5 862.973; thence continuing along the said property line of Kerr and leaving the proposed right-of-way line south 24 degrees 00 minutes 06 seconds west 55.75 feet to a point of intersection with Kerr’s south property line; thence along said property line north 65 degrees 59 minutes 35 seconds west 12.0 feet to a point of intersection with the present right-of-way line of S.R 33, 29.70 feet right of project centerline station 5 845.998; thence along the said present right of way line as follows: north 23 degrees 35 minutes 47 seconds east 78.23 feet to a point, thence curving to the right in a northeasterly direction an arc length of 120.49 feet and having a radius of 5699.57 feet to a point, north 24 degrees 48 minutes 28 seconds east 401.32 feet to a point of intersection with Kerr’s north property line 40.5 feet right of project centerline station 6 028.968; thence along said property line south 65 degrees 59 minutes 59 seconds east 2.15 feet to a point of intersection with the proposed right-of-way line of S.R. 33, 42.65 feet right of project centerline station 6 028.963; thence along the proposed right-of-way line as follows: south 23 degrees 35 minutes 02 seconds west 420.01 feet to a point 42.65 feet right of project centerline station 5 900.943, south 66 degrees 16 minutes 52 seconds east 1,29 feet to the point of beginning, containing 5,004 square feet, more or less.
The above described parcel of land is hereby conveyed in fee simple.
PARCEL NO. 2:Being a permanent drainage easement on Highway Project No. NH-33(31) and being more particularly described as follows: beginning at a point of intersection between the proposed right-of-way line of S.R. 33 and the permanent drainage easement boundary line, 42.65 feet right of project centerline station 5 959; thence along the proposed right-of-way line north 23 degrees 35 minutes 02 seconds east 52.49 feet to a point of intersection with the permanent drainage easement boundary line, 42.65 feet right of project centerline station 5 975; thence along the permanent drainage easement boundary lines as follows: south 66 degrees 24 minutes 58 seconds east 36.24 feet to a point 78.89 feet right of project centerline station 5 975, south 24 degrees 45 minutes 16 seconds west 52.50 feet to a point 77.82 feet right of project centerline station 5 959 and thence north 66 degrees 24 minutes 58 seconds west 35.17 feet to the point of beginning, containing 1,874 square feet, more or less.
Being a permanent drainage easement for the routing and flow of surface water as required by the Department of Transportation caused by the construction of Highway Project No. NH-33(31) over the above described lands of the grantor herein including rights of ingress and egress over the lands of the grantor herein for the purpose of construction and maintenance on said easement.
PARCEL NO. 3: Being a proposed slope easement on Highway Project NH-33(31) and lying east of and adjacent to the proposed right-of-way line as described in parcel no. 1 and beginning at 44 feet /- right of project centerline station 5 900 /- and ending 43 feet /- right of project centerline station 6 012 /- and having a width varying from 3 feet to 0 feet /-, included in but excluding the permanent drainage easement as described in parcel no. 2, containing 462 square feet, more or less.
The above described parcel of land is hereby conveyed as an easement for the construction of slopes outside the proposed right-of-way line. The land on which the slopes are to be constructed remains the property of the grantor. This easement shall terminate upon the grading of said easement of the approximate plane of the highway or at such time as other construction is performed by the grantor eliminating the need for the easement.
PARCEL NO. 4: Being a temporary construction easement on Highway Project No. NH-33(31) and lying east of and adjacent to the slope easement as described in parcel no. 3 and the proposed right-of-way line as described in parcel no. 1 and beginning 55 feet /- right of project centerline station 5 900 /- and ending 52 feet /- right of project centerline station 6 028 /- and having a width varying from 10 feet to 8 feet /-, included in but excluding the permanent drainage easement as described in parcel no. 2 and containing 3,606 square feet, more or less.
The above described parcel of land is hereby conveyed as a temporary easement for “wok area,” and said property is to be used by the State of Tennessee, its contractors and/or assigns for a period of three (3) years from the date of this instrument.
The consideration mentioned herein includes payment for the property taken, also for any and all incidental damages to the reminder compensable under eminent domain.
REFERENCE: All boundaries and descriptions as shown on plans for Highway Project No. 33055-2234-04 Right-of Way on file in the Office of the Department of Transportation in Nashville, Tennessee.
DEED REFERENCE: Deed Book 87, Page 311, in the Register’s Office of Polk County, Tennessee. Tax Map/Parcel No. 64/10.

IN THE CIRCUIT COURT OF POLK COUNTY, TENNESSEE

STATE OF TENNESSEE, ON RELATION
OF THE COMMISSIONER, DEPARTMENT
OF TRANSPORTATION, FOR AND ON
BEHALF OF SAID DEPARTMENT.

PETITIONER,

VS.

JAMES KERR, Deceased;

DEFENDANT

CASE NO: CV-01-146
JURY DEMAND/12PERSONS
Project No. NH-33(31)
70003-2229-14
Tract No. 18
Tax Map/Parcel: 64/10

Judge Puckett

AFFADAVIT

M. AMANDA GOVAN, Senior Counsel, makes oath that after a diligent inquiry, to the best of her knowledge, information and belief, the Defendant, Unknown Heir(s) of James Kerr, may have an interest in a certain parcel of land condemned by the Petition for Condemnation heretofore filed in this cause, and further, that the location and address of the Defendant, Unknown Heir(s) of James Kerr, is unknown and that regular service of process cannot be had upon it.

M. AMANDA GOVAN
Senior Cousel




Untitled Document
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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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