Public Notices 4-16-14
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 (AKA MICHAEL ANTHONY 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, MAY 19, 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:
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 ROAD, BENTON, TN 37307.
MAP 035N GRP 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. 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: VOLUNTEER ENERGY COOPERATIVE; JESSICA LERUTH GARRETT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, March 31, 2014. This is improved property known as 1541 BENTON STATION ROAD, BENTON, TN 37307.
J. PHILLIP JONES/JESSICA D. BINKLEY, SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
Abandoned personal contents of Heather Thomas at 142 Airport Hill Road, Benton, TN will be donated, sold, disposed of, if not removed by April 23rd, 2014. Notice given by Wimberly Properties.
State of Tennessee
Chancery Court of Polk County
NOTICE TO CREDITORS
Estate of Virginia Ruth Patterson (deceased) Docket No. 2014 PR-13
Notice is hereby given that on the 2nd day of April, 2014, Letters Testamentary (or of Administration as the case may be) in respect to the Estate of Virginia Ruth Patterson, deceased, who died February 19, 2014, were issued to the undersigned by the Chancery Court, Probate Division of Polk County, Tennessee.
All persons, resident and nonresident, having claims, matured or unmatured, against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will forever be barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of this notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of publication (or posting) as described in (1) (A); or
(2) Twelve (12) months from the decedent’s date of death.
Laura M. Crawford
Attorney for the Estate
Kimberly A. Ingram
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 January 17, 2005 by William Carter and Rita A. Carter, husband and wife to LSI (Lender’s Service Inc.), as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD316, Page 610, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register’s Office, and the owner of the debt secured, The Bank of New York Mellon FKA The Bank of New York, as Trustee (Cwalt 2005-06CB), 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, April 24, 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.
A certain tract or panel of land lying and being in the Eastwood Addition to Cherokee Hills Subdivision and designated as Lot 13 on Plat of said Subdivision recorded in Plat Book 2 Page 150 in the Register of Deeds office, Polk County, Tennessee.
Tax Parcel ID: 115-038
Property Address: 10170 Highway 64, Copperhill, TN.
Other Interested Parties: LVNV Funding, LLC, as assignee of Citibank
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 # 7178-112526-FC
Published: April 2 April 9 April 16
Bayview Loan Servicing LLC/William Carter
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 31, 2008, and the Deed of Trust of even date securing the same, recorded May 9, 2008, at Book TD379, Page 117 in Office of the Register of Deeds for Polk County, Tennessee, executed by Elizabeth McGee and Michael McGee, conveying certain property therein described to A-1 Title & Escrow, Inc as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation, its 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 May 12, 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 and further being described as follows:
Beginning at a point at the intersection of the West line of U.S. Highway 411 with the South line of Don W. Willis property as shown in Deed Book 244, Page 131; thence with the West line of U.S. Highway 411 South 01 degrees 59 minutes 01 seconds East 178.2 feet to a point; thence leaving U.S. Highway 411 North 64 degrees 09 minutes 01 seconds West 148.17 feet to a point; thence South 23 degrees 30 minutes 04 seconds West 128.79 feet to a point in the North line of E. Wayne Cooper as shown in Deed Book 119, Page 188; thence with the North Line of Cooper North 66 degrees 21 minutes 56 seconds West 561.93 feet to a point in the centerline of branch; thence with the centerline of said branch North 29 degrees 57 minutes 10 seconds East 327.18 feet to a point; thence South 62 degrees 23 minutes 33 seconds east 598.37 feet to apoint in the West line of U.S. Highway 411 and the point of beginning. All as shown by the final plat of Creek Side Gardens Subdivision, owners and developers Donald D. and valarie Willis, dated 9-8-2008 prepared by Ronnie H. Cramer Sr, TN R.L.S. Number 615.
ALSO KNOWN AS: 2139 Highway 411, Oldfort, Tennessee 37362
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: Elizabeth McGee; Michael McGee
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. 1586‑241423
DATED April 3, 2014
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
April 16, 2014
April 23, 2014
April 30, 2014
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on May 22, 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 Jerry R. Brewer, Wanda S. Brewer, husband and wife, to Russell E. Roberson, Trustee, on November 13, 2008 at Book TD388, Page 21, Instrument No. 08003566; all of record in the Polk County Register’s Office.
Party entitled to enforce security interest: CU Community Credit Union, 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:
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:
BEING LOTS THIRTY-FIVE (35) AND THIRTY-SIX (36) of SAVANNAH. SHORES, according to the map or plat of said subdivision of record in Plat Book 4, Page 56, in the Register’s Office of Polk County, Tennessee, to which reference is made.
Street Address: 414 Savannah Shores Drive, Delano, Tennessee 37325
Parcel Number: 018-090.53 and 018-090.54
Current Owner(s) of Property: Heirs of Jerry R. Brewer
Other interested parties: Bowater Employees Credit Union
The street address of the above described property is believed to be 414 Savannah Shores Drive, Delano, Tennessee 37325, 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
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
File No. 14-057374
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 5th day of May, 2014 at 1 p.m. and at the Ducktown Courthouse on the 5th day of May, 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.
CLERK OF COURTS
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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