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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     

IN THE CIRCUIT COURT OF POLK COUNTY, TENNESSEE

STATE OF TENNEESSEE, 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 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



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.

NOTICE OF FORECLOSURE

WHEREAS, by Deed of Trust dated April 8, 2008, of record in Book TD378, page 145, Register’s Office of Polk County, Tennessee, GLENN HENRY and NANCY HENRY, husband and wife, did convey unto T. MIKE ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and
WHEREAS, FARM CREDIT MID-AMERICA, FLCA, formerly known as FARM CREDIT SERVICES OF MID-AMERICA, FLCA, is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and
WHEREAS, JOHN T. BOBO was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Book MS149, page 339, Register’s Office of Polk County, Tennessee; and
WHEREAS, the said real estate described in said Deed of Trust is as follows:
LOCATED IN THE THIRD CIVIL DISTRICT OF POLK COUNTY (PREVIOUSLY INCORRECTLY REFERRED TO AS BRADLEY COUNTY), TENNESSEE, TO-WIT:
Lot Three (3), Hiwassee Preserve, Phase I, as shown on plat of record and recorded in Plat Book 10, page 95, in the Register’s Office of Polk County, Tennessee, to which reference is made for a more complete description.
PRIOR TITLE SOURCE:  Being the same property conveyed to Glenn Henry and wife, Nancy Henry, by Deed dated 18 April, 2008, and recorded in the ROPCT in Book WD256, page 325, ROPCT.
Subject to any and all government zoning and/or subdivision ordinances and regulations as may be in effect thereon.
Subject to restrictions as recorded in Misc. Book 127, page 86 and amending the covenants/restrictions as recorded in Misc. Book 122, page 447 and/or as shown on recorded Plat Book 10, page 95, ROPCT.
Subject to and also conveyed herewith is the right to the use of the 50 foot wide private road as shown on Plat Book 10, page 95, ROPCT.
Subject to all those notes as shown on subdivision plat recorded in Plat Book 10, page 95, ROPCT.
Subject to the fact that the road serving the subdivision as shown on Plat Book 10, page 95 is a private road and will not be maintained by the local or State Highway Department.  Said road maintenance and upkeep is the responsibility of the owners as set out in on Plat Book 10, page 95, ROPCT.  Furthermore, the owners are responsible for providing services beyond the limits of the public road.  The private road easement shall also be used as a utility easement.
Subject to a 40 foot wide right of way easement as set out in Deed Book 229, page 168, ROPCT.
Subject to the easement as set out in Deed Book 229, page 168, ROPCT.
Subject to drainage and utility and/or right of way easements on, over, across or through the property.
Subject to the Scenic River Easement crossing the lot as shown on Plat Book 10, page 95, ROPCT.
Subject to an existing approved septic system.  Note that 4 of the dwellings on lots 2, 3 & 4 share 2 septic tanks as set out in Plat Book 10, page 95, ROPCT.
Subject to Polk County and State Health Department regulations and requirements.

WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and
WHEREAS, the makers of said note have defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.
NOW, THEREFORE, I, the undersigned, JOHN T. BOBO, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on March 28, 2014, at 12:00 P.M., at the door of the Polk County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any
Other interested parties:  n/a
Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.  Said Deed of Trust is made a part hereof as if copied verbatim herein.
This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.
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 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 address of the property is known as 150 Morning Dunn Drive, Reliance, TN  37369, 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 herein shall control.  This property is further identified as being Map 38-D, Group A, Parcel 3.00 on the records of the Tax Assessor of Polk County, Tennessee.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 4th day of March, 2014.
John T. Bobo, Substitute Trustee

BOBO, HUNT, WHITE & NANCE
111 W. Side Square
Shelbyville, Tennessee 37160
(931) 684-3327

ATTORNEYS FOR SUBSTITUTE TRUSTEE
To be published March 5, March 12, and March 19, 2014



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 MAY 5, 2006, executed by JASON M. MCINTOSH, UNMARRIED AND AMY C. DAVIS, UNMARRIED, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, to DAVID S. HUMBERD, Trustee, of record in BOOK TD335, PAGE 538, 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, MARCH 31, 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:
IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:
BEGINNING AT AN IRON PIN IN THE SOUTHWEST LINE OF PARRIS BRANCH ROAD AT ITS INTERSECTION WITH THE SOUTHEAST LINE OF JAYSON E. LAMB, BEING THE PROPERTY ACQUIRED IN DEED BOOK 228, PAGE 201; THENCE ALONG THE LINE OF PARRIS BRANCH ROAD, SOUTH 15° 20’ 0” EAST, 126.0 FEET; THENCE SOUTH 23° 40’ 0” EAST, 100.0 FEET; THENCE SOUTH 40° 51’ 0” EAST, 33.02 FEET TO AN IRON PIN; THENCE ALONG A DIVISION LINE, SOUTH 35° 9’ 39” WEST, 176.57 FEET TO AN IRON PIN; THENCE NORTH 57° 28’ 26” WEST, 203.12 FEET; THENCE ALONG THE LINE OF LAMB, NORTH 33° 4’ 0” EAST, 326.02 FEET TO THE BEGINNING POINT.
SUBJECT TO ANY GOVERNMENT ZONING AND SUBDIVISION ORDINANCES IN EFFECT THEREON.
SUBJECT TO ANY COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORD.
SUBJECT TO EASEMENT CONVEYED TO CRYSTAL GEYSER ROXANE WATER COMPANY L.P. AND DENNIS BURCHFIELD AS SET OUT IN INSTRUMENT RECORDED IN DEED BOOK 230, PAGE 402, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
BEING THE SAME PROPERTY CONVEYED TO JASON M. MCINTOSH, UNMARRIED AND AMY C. DAVIS, UNMARRIED, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, BY DEED DATED MAY 5, 2006 OF RECORD IN BOOK WD244, PAGE 208, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 252 PARIS BRANCH ROAD, BENTON, TENNESSEE 37307.
MAP 037 PARCEL 007.01
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.  THE NOTICE REQUIREMENTS OF T.C.A. 35-5-101 ET. SEQ. 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,  March 3, 2014.  This is improved property known as 252 PARIS BRANCH ROAD, BENTON, TENNESSEE 37307.

J. PHILLIP JONES/JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
(615) 254-4430
www.phillipjoneslaw.com
F13-2078

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 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, Bradley 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 April 21, 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.
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 February 25, 2014
INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
              Successor Trustee
    March 5, 2014
    March 12, 2014
    March 19, 2014   

FHA No. 481-253127 5

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM



BID NOTICE

Polk County Schools Nutrition Department is now accepting bids for cafeteria equipment. All bids should be mailed to Polk County Schools Nutrition Department, P.O. Box 665, Benton, Tn. 37307. Bids will  be opened on March 25, 2014 at 10:00 a.m.at the central office.


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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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