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STATE OF TENNESSEE

CHANCERY COURT OF POLK COUNTY

PROBATE DIVISION

 

NOTICE TO CREDITORS

ESTATE OF: NELLIE A. PADGETT (deceased) Docket No. 2014-PR-18

 

Notice is hereby given that on the 24th day of April, 2014, Letters Testamentary (or of Administration as the case may be) in respect of the estate of Nellie A. Padgett, deceased, who died August 23, 2013 were issued to the undersigned by the Chancery Court of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured and 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 be forever barred:

(1)         (A) Four 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 first publication (or posting) as described in (1) (A); or

(2)        Twelve (12) months from the decedent’s date of death.

 

This 13th day of May, 2014.

 

Donald C. Padgett

Ronald C. Padgett

Co-Executors

 

Laura M. Crawford

Attorney for the Estate

 

Kimberly A. Ingram

Clerk

 

Laura M. Crawford, BPR # 021440



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 26, 2004 by Clifton A Dacus, and Mabel R. Dacus, husband and wife to Robert M. Wilson, Jr., as Trustee, as same appears of record in the office of the Register of Polk County, Tennessee, in Book TD312, Page 515, 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 for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2004-12, by 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, May 29, 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.

SITUATE IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT: BEGINNING IN THE NORTHWESTERNMOST LINE OF THE OAK GROVE ROAD, AT THE NORTHEASTERNMOST CORNER OF LAND BLACKWELL, AS SET OUT IN DEED BOOK 65, PAGE 70, REGISTER’S OFFICE, POLK COUNTY, TENNESSEE; AND RUN THENCE WITH AND ALONG THE NORTHEASTERNMOST LINE OF LANDS OF BLACKWELL; NORTH 63 DEG. 17’ 45” WEST, 1,271.57 FEET TO THE SOUTHEASTERNMOST LINE OF LAND OF AKINE; AND RUN THENCE WITH SAID LINE OF AKINE, NORTH 29 DEG. 34’ EAST, 485.13 FEET, TO AN IRON PIN SET IN THE SOUTHWESTERNMOST CORNER OF LAND OF ROGERS; THENCE WITH THE SOUTHWESTERNMOST LIN OF LANDS OF ROGERS, SOUTH 63 DEG 19’ EAST 797.97 FEET, TO AN IRON PIN ACT IN THE NORTHWESTERNMOST LIN OF LAND OF QUALLS; THENCE WITH THE NORTHWESTERNMOST LINE OF LAND OF QUALLS, SOUTH 33 DEG. 42’ 42” WEST, 77.42 FEET TO AN IRON PIN; THENCE WITH THE NORTHWESTERNMOST LINE OF LAND OF SPURLING, SOUTH 33 DEG. 42’ 42” WEST, 230.84 FEET, TO AN IRON PIN SET IN THE SOUTHWESTERNMOST CORNER OF LAND OF SPURLING; THENCE WITH THE SOUTHWESTERNMOST LINE OF SPURLING, SOUTH 66 DEG. 17’ 6” EAST, 255.84 FEET, TO AN IRON PIN CORNER, SAME BEING THE SOUTHEASTERNMOST CORNER OF LAND OF SPURLING; FROM SAID POINT, RUN SOUTH 24 DEG. 50’ 33” WEST, 8.45 FEET, TO THE NORTHERNMOST LINE OF A ROAD RIGHT OF WAY EASEMENT; THENCE RUNNING ACROSS THE NORTHERN ONE-HALF OF SAID ROAD RIGHT OF WAY EASEMENT, SOUTH 24 DEG. 50’ 33” WEST, 10 FEET TO A POINT WHICH IS THE CENTER LINE OF SAID ROAD RIGHT OF WAY EASEMENT; THENCE WITH AND ALONG THE CENTER LINE OF SAID ROAD RIGHT OF WAY EASEMENT AND ALONG A RADIUS, = 368.93, DELTA = 20 DEG. 08’ 17” TARGANT = 65.51 AND ALONG A CHORD BEARING SOUTH 79 DEG. 12’ 28” EAST, A DISTANCE OF 50 FEET, MORE OR LESS, TO A POINT; THENCE CONTINUING WITH THE CENTER LINE OF SAID ROAD RIGHT OF WAY, SOUTH 82 DEG. 23’ 39” WEST, 280.59 FEET, TO A POINT; THENCE WITH AND ALONG THE CENTER LINE OF THE ROAD AND CURVETURE THEREOF IN A SOUTHEASTERN DIRECTION, RADIUS = 139.06 DELTA = 28 DEG. 39’ 43”, LENGTH = 69.56 FEET, TANGENT =35.53, AND ALONG A CHORD BEARING SOUTH 74 DEG. 17’ 36” EAST, TO A POINT; THENCE SOUTH 38 DEG. 54’ 45” EAST, 45 FEET, MORE OR LESS, TO THE NORTHWESTERNMOST LINE OF THE OAK GROVE ROAD; RUN THENCE WITH SAID ROAD, SOUTH 25 DEG. 9’ WEST, 371.64 FEET, TO THE NORTHEASTERNMOST CORNER OF LAND OF BLACKWELL, BEING THE PLACE OF BEGINNING, AND CONTAINING 11.01 ACRES, ALL SO SHOWN BY SURVEY OF ROBBY M SNYDER, DATED 25 MAY 1991, TENNESSEE LISCENSE NO. 1387. THE GRANTORS RESERVE UNTO THEMSELVES THE RIGHT TO THE USE OF THE ROAD RIGHT OF WAY EASEMENT LEADING FROM THE NORTHWESTERNMOST LINE OF THE OAK GROVE TO LAND OF SPURLING, PER SURVEY OF ROBBY M. SNYDER ABOVE REFERENCED.  SUBJECT TO THE RIGHTS OF SPURLING FOR USE OF THE RIGHT OF WAY LOADING FROM THE NORTHWESTERNMOST LINE OF OAK GROVE ROAD TO LAND OF SPURLING PER SURVEY OF ROBBY M. SNYDER ABOVE REFERENCED.

 

Tax Parcel ID: 046 017.01

Property Address: 335D Oak Grove Road, Benton, TN.

Other Interested Party:  The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee on behalf of the Certificateholders of the CWHEQ, Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2006-B

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 # 7134-113295-FC

 

Published: May 7

May 14

May 21

      

Green Tree Servicing LLC/Clifton Dacus       


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

DEFENDANT

 

Case NO: CV-01-147

JURY DEMAND/12 PERSONS

Project No. NH-33 (31)

70003-2229-14

Tract No. 21

Tax Map/Parcel: 54/53

 

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 June 24, 1946, in Deed Book 38, Page 326, 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 of process cannot be had upon it; and further,

IT IS THEREFORE ORDERED that publication be made for four (4) successive week in the Polk County News, published in Polk County, Tennessee, requiring said Defendants(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 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

By M. Amanda Govan

Senior Counsel

Attorney General’s Office

540 McCallie Ave, Suite 560, Chattanooga TN 37402

423-634-6404

Attorney for Petitioner, State of Tennessee

 

LEGAL DESCRIPTION

Exhibit “A”

 

PARCEL NO. 1: Beginning at a point of intersection on Highway Project No. NH-33(31) 25.80 feet left of project centerline station 6 970.325 between the present right-of-way on SR 33 and Kerr’s south property line; thence running with the present day right-of-way line as follows: north 19 degrees 29 minutes 32 seconds east 904.70 feet to a point, thence running in a northeasterly direction and curving to the left, having a radius of 5699.57 feet and an arc length of 185.85 feet to a point, thence north 21 degrees 21 minutes 38 seconds east 429.14 feet to a point of intersection 65.91 feet left of the project centerline station 7 431.265 with the present right-of-way line of Chestuee Rd; thence running with the present right-of-way line of Chestuee Rd south 66 degrees 08 minutes 30 seconds east 203.39 feet to a point of intersection 136.59 feet right of project centerline station 7 437.163 with the proposed right-of-way line of S.R. 33; thence running with the proposed right-of-way line as follows: south 69 degrees 02 minutes 33 seconds west 46.52 feet to a point 106.69 feet right of project centerline station 7 421.00; thence running in a southwesterly direction and curving to the left having a radius of 3238.18 feet and an arc length of 526.06 to a point 42.65 feet right of project centerline station 7 258.543, south 19 degrees 7 minutes 55 seconds west 269.32 feet to a point 42.65 feet right of project centerline station 7 173.407; thence running in a southwesterly direction curving to the right having a radius of 13165.98 feet and an arc length of 671.63 feet to a point of intersection 42.65 feet right of project centerline station 6 969.365 with Kerr’s south property line; thence running with said property line north 65 degrees 18 minutes 35 seconds west 111.45 feet to the point of beginning, containing 2.907 acres, more or less.

The above-described parcel of land is hereby conveyed in fee simple.

It is agreed and understood that the consideration herein stated is in full payment for improvements located partly on right-of-way conveyed and partly on grantors’ remaining and abutting property which improvements are to be severed from the land and become the property of the Department of Transportation of the State of Tennessee and the said Department of Transportation, its employees, contractors and assignees, are hereby granted a temporary easement on the remaining and abutting property for the purpose of completely removing said improvements so located, leaving the Land involved in similar condition as prior removal; except this instrument is a complete and general release of all claims for damages to grass, trees, plants, and shrubs which may be damaged or removed in connection with the removal of improvements operation.

PARCEL NO. 2: Being a permanent drainage easement on Highway Project No. NH-33(31) and beginning at a point o intersection between the proposed right-of-way line and the permanent drainage easement line 42.65 feet right of project centerline station 7 196.698; thence running with the proposed right-of-way line north 19 degrees 07 minutes 55 seconds east 29.53 feet to a point of intersection with the permanent drainage easement line 42.65 feet right of project centerline station 7 205.698; thence along the permanent drainage easement line as follows: south 70 degrees 52 minutes 05 seconds east 22.97 feet to a point 65.62 feet right of project centerline station 7 205.698; south 19 degrees 07 minutes 55 seconds west 29.53 feet to a point 65.62 feet right of project centerline station 7 196.698, north 70 degrees 52 minutes 05 seconds west 22.97 feet to the point of the beginning, containing 678 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 No. NH-33(31), and lying east of and adjacent to the proposed right-of-way line, beginning 42.65 feet right of station 7 017 and ending 42.65 feet right of station 7 024 and having a width varying from 0 feet to 1 foot.

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 proposed slope easement on Highway Project No. NH33(31), and lying east of and adjacent to the proposed right-of-way line, beginning 42.65 feet right of station 7 2-6 and ending 42.65 feet right of station 7 248 and having a width varying from 0 feet to 2 feet.

The above described parcel of land is hereby conveyed as an easement or 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. 5: Being a proposed slope easement on Highway Project No. NH 33(31), and lying east of and adjacent to the proposed right-of-way line, beginning at project centerline station 7 32- to project centerline station 7 421.00 and varying in width from 0 feet to 3 feet.

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 construction remains the property of the grantor. This easement shall terminate upon the grading of 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 costruction is performed by the grantor eliminating the need for the easement.

PARCELS NO. THREE (3), FOUR (4), AND FIVE (5) contain 1063 square feet, more or less.

PARCEL NO. 6: Being a construction easement on Highway Project No. NH-33(31) and lying east of and adjacent to the proposed right-of-way line, beginning at project centerline station 6 969.365 to project centerline station 7 421.00 and varying in width from 5 feet to 10 feet, containing 0.287 acres. Included in but excluding the permanent drainage easement as described in Parcel No. 2.

The above described parcel of land is hereby conveyed as a temporary easement for a work area. The title to the above described land remains vested in the grantor and is to be used by the State of Tennessee, its contractors or assigns for a period of three (3) years from and after the commencement of construction.

The consideration mentioned herein includes payment for the property taken, also payment for any and all incidental damages to the remainder compensable under eminent domain.

REFERENCE: All boundaries and descriptions as shown on plans for Highway Project No. NH-33(31) Right-of-Way on file in the Office of the Department of Transportation in Nashville, Tennessee.

DEED REFERENCE: Book 38, Page 326, in the Register’s Office of Polk County, Tennessee. Tax Map Parcel 54/53.

 

337 Main Street, P.O. Box 930

Ducktown, Tennessee 37326

(423) 496-3603



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 April 23, 2000, and the Deed of Trust of even date securing the same, recorded May 3, 2000, at Book TD247, Page 267 in Office of the Register of Deeds for Polk County, Tennessee, executed by Terry Rose and Marcia Rose, conveying certain property therein described to Wesley D. Turner as Trustee for ABC & D Mortgage, Inc.; 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 June 16, 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:

Situated in the 2nd Civil District of Polk County, Tennessee: Beginning at a stake where the Thompson, Runnion and Government lines join, Said stake being beside the Tellico Reliance black top road; thence running in an Eastwardly direction to the line of Runnion and Government on the East side of Lillie Runnion property. Then following the Runnion line from the East side Southwardly and back in a Northerly direction to the beginning corner containing six acres, more or less.

Subject to all existing easements and right of ways.  Excepted from the above is the property conveyed to Ulyus Taylor and wife Muriel Taylor, by Warranty Deed dated August 15, 1970, by Mary Lou Goforth and husband, J.O. Goforth, of record in Deed Book Number 68, Page 377-379, in the Register's office, Polk County, Tennessee, to which reference is here made, and which is more fully described as follows, to-wit:

Situated in the District Number Two (2) of Polk County, Tennessee;  Beginning on the East side of the right of way of the Reliance Road where the U. S. Forest Service and Loman Thompson corners and being a point four rods from the corner of the U. S. Forest Service corner on the opposite side of said Reliance Road, and being out of the South West corner of the land conveyed by Runnions to Goforth; thence South 66 degrees, 15 minutes East 450 feet to an iron stake; thence North 23 degrees 45 minutes East 189 feet to a stake; thence North 66 degrees 15 minutes West 450 feet to a stake on the East side of the Reliance Road right of way; thence South with the East line of the Reliance Road right of way to the point of beginning.

Also excepted from the above is the property conveyed to James Ray Goforth and wife, Mildred Goforth, by Warranty Deed dated February 27, 1976, by Mary Lou Goforth and husband, Oscar Goforth, of record in Deed Book Number 85, Page 49, in the Register's Office, Polk County, Tennessee, to which reference is here made, and which is more fully described as follows, to-wit:

Situated in the Second Civil District of Polk County, Tennessee, near Servilla, beginning at the Northeast corner of the tract at an iron stake in U.S. Government corner; thence running South with Government line 416 feet to an iron stake in the Thompson line; thence West 149 feet with Thompson line to the Taylor line; thence North with the Taylor line 166 feet to pile of rock corner; thence West with the Taylor line 220 feet to an iron stake in the Oscar Goforth line; thence North with the Oscar Goforth line 260 feet to an iron stake in the Roy Bain line; thence East with the Roy Bain line 375 feet to the point of beginning, containing two (2) acres, more or less.

Reference is also made to the Order approving the conveyance of the herein described property pertaining to the minor Joe Darnell signed by Earl K. Henley, Chancellor, on March 23, 1994, and of record in Case Number 6526 in the chancery Court for Polk County, Tennessee.

NOTE:  This legal description has been revised in accordance with the Judgment filed of record on August 24, 2010 at Book QQ, Page 562.

ALSO KNOWN AS:  1170 Tellico Reliance Road, Reliance, Tennessee 37369

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:  Terry Rose; Marcia Rose; American General Finance, Inc; Internal Revenue Service; American General Finance, Inc.; Aurora Loan Services, LLC and Wesley D. Turner, Trustee

On or about February 19, 2010, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Terry D & Marcia Rose, recorded in the Register's Office of Polk County, Tennessee, at Book FL2, Page 376.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Nationstar Mortgage LLC.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.

On or about November 19, 2010, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Terry D & Marcia Rose, recorded in the Register's Office of Polk County, Tennessee, at Book FL2, Page 409.  Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Nationstar Mortgage LLC.  Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property.  As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.

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. 93197443

 

DATED May  7, 2014

 

INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,

  Successor Trustee

May 14, 2014

May 21, 2014

May 28, 2014

 

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

 


 POLK COUNTY, TENNESSEE

NOTICE OF FORECLOSURE SALE

 

WHEREAS, a default having occurred in the payment of those debts and obligations owed to FIRST VOLUNTEER BANK secured by that certain Deed of Trust dated October 20, 2011 recorded in Book TD427, Pages 267-272 in the Office of the Register of Deeds of Polk County, Tennessee, wherein MICHAEL A. CORTE-REAL, LOUIS CORTE-REAL and LOUIS GRISWOLD conveyed to Douglas N. Blackwell II, Trustee, the real property described below (the "Real Property") to secure payment of certain loan obligations owed to FIRST VOLUNTEER BANK as described in said Deed of Trust, NOTICE is hereby given that the entire indebtedness has been accelerated and declared immediately due and payable and that FIRST VOLUNTEER BANK and Timothy R. Simonds, Successor Trustee, and any successor trustee who may succeed him, pursuant to the power, duty and authority vested in and imposed upon the same in the Deed of Trust, will on June 3, 2014, at 10:00 o'clock A.M., at the front door of the Polk County Courthouse in Benton, Tennessee, offer for sale to the highest and best bidder for cash, and free from any equity of redemption, statutory right of redemption, homestead, dower, curtesy and all other exemptions which are expressly waived in the Deed of Trust, the Real Property being more particularly described as follows:

In the 1st Civil District, Polk County, TN

Being Lots Sixteen (16) and Seventeen (17) of Chilhowee Estates as shown by plat of record in Plat Book 8, page 280, in the Register’s Office of Polk County, Tennessee to which reference is herein made.

PROPERTY ADDRESSES:

136 Burgess Drive, Benton, Tennessee 37307 (Map Parcel No. 035M-D-016.00)

150 Burgess Drive, Benton, Tennessee 37307 (Map Parcel No. 035M-D-017.00)

SUBJECT TO restrictions of record in MB 96, page 133, said Register’s Office.

SUBJECT TO all matters set out on recorded plat.

SUBJECT TO any governmental zoning and subdivision ordinances or regulations in effect thereon.

PRIOR TITLE, See Deeds of record in Book 270, Page 264, Book 276, Page 35 and Book 276, Page 37, said Register’s Office.

ALSO SUBJECT TO RIGHTS OF TENANTS IN POSSESSION (IF ANY)

Said foreclosure sale will be subject to: (1) any and all unpaid ad valorem and real property taxes (plus penalty and interest, if any) that may be a lien upon the Real Property, (2) any and all liens, defects, encumbrances, adverse claims and all other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, (3) any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which might not have been waived by such governmental agency, (4) all notes, stipulations, restrictions, easements, conditions and regulations as set out on recorded plat, (5) any governmental zoning and subdivision ordinances or regulations in effect thereon, (6) the accuracy of the Index Book of the said Register's Office and any other matters which an accurate survey of the Real Property might disclose, and (7) all other matters which are prior in right to the lien of the Deed of Trust and all matters shown on any applicable plat.

Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey by Trustee's Deed as Successor Trustee. Further, the transfer shall be "As Is" and without warranty of any kind, express or implied, as to the condition of such property and the improvements located thereon, including merchantability or fitness for particular purpose.

The right is reserved to adjourn the day of sale to another date and time without further publication upon announcement at the time set above and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale

Dated this 12th day of May, 2014.

Simonds Law Firm, P. O. Box 19235, Chattanooga, Tennessee 37416 (423) 285-6158

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

 

 

IN THE CHANCERY COURT OF POLK COUNTY, TENNESSEE

PROBATE DIVISION

 

IN THE MATTER OF:

THE ESTATE OF JAMES R. BROCK

Deceased

BOBBY E. WELCH,

Petitioner

v.

FIRST UNITED METHODIST CHURCH OF COPPERHILL, TENNESSEE, PHILLIP STEVEN NELSON, AND CONNIE NELSON BUMBARGER,

Respondents

 

ORDER BY ALLOWING SERVICE BY PUBLICATION IN LIEU OF PERSONAL SERVICE

 

Petitioner, Bobby E. Welch, by and through his counsel, has filed a motion for an order allowing for service of process upon Respondent, Phillip Steven Nelson, by publication in lieu of personal service. Petitioner’s counsel has demonstrated by affidavit that:

Plaintiff filed a Petition to Establish Lost Will and for Letters Testamentary on the 17th day of April, 2014 on behalf of the estate of James R. Brock, deceased.

2. Respondent, Phillip Steven Nelson, is named beneficiary under the last will and testament of James R. Brock, deceased, which said will is the subject matter of this action.

3. After a search through the documents of the deceased, an internet search, and inquiry with Connie Nelson Bumbarger, the sister of Phillip Steven Nelson, the last known whereabouts of Phillip steven Nelson cannot be ascertained.

It is therefore ORDERED that the Clerk and Master of this Court shall:

Forthwith cause a copy of this order to be published for four (4) consecutive weeks in Polk County News, which is the newspaper of general circulation in the county;

The copy of this order that is to be published shall include the names of the parties to this action, the name of this Court, and the location at which this Court is held;

The copy of this order that is published shall further notify the Respondent that he must answer or otherwise respond to the complaint in this action within 30 days of the fourth weekly publication of this order, and if he does not answer or otherwise respond, a default judgement may be entered against him.

ENTERED this 22 day of April, 2014.

APPROVED FOR ENTRY:

Laura M. Crawford, BPR#021440

Attorney for Petitioner

337 Main Street, PO Box 930

Ducktown, Tennessee 37326

423-496-3603



NOTICE TO CREDITORS

 

ESTATE OF: HAROLD OTIS BISHOP (Deceased)

No. 2014-PR-20

 

Notice is hereby given that on the 2nd day of May 2014, Letters of Administration in respect to the Estate of HAROLD OTIC BISHOP, Deceased, who died December 5, 2013, 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 said estate are required to file the same with the Clerk of the above named Court within the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever 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 the Notice to Creditors if the creditor received an actual copy of the notice less than sixty (60) days prior to the date that is four (4) months of the date of the first publication (or posting) as described in (1)(a); or

(2)Twelve (12) months from the decedent’s date of death.

This 2ND day of May, 2014.

 

Terry L. Bishop, Co-Personal Representative

Bobby Biship, Co-Personal Representative

 

Kimberly A. Ingram

Clerk & Master

 

 

 

 

 

 

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Top News
Audit committee looks over findings
Committee members are charged with doing an independent review and making recommendations to the County Commission. This was the first meeting of the committee.
New Ag Agent on the job
Growth Plan turned down again
Names protected by HIPAA
Parksville precinct closed
Head start applications being taken
Veterans honored
Attempted murder charged
Budget work begins
GERALD B. JACKSON
Local News
Ducktown School discussed
A group of former students and educators from Ducktown School met with members of the Fourth Fractional Township Saturday July 5th to get a report on what was being done with the school.
Overhill looking for artists and craft..
Ducktown school preservation eyed
Celebrate history and independence
Solar offsets Ducktown energy use
Sale raises $1000 for libraries
Benton notes...
Amendments can be viewed online
Copperhill notes...
Relay for Life Friday
School News
CMS Open House July 31
CBHS rallies around student
Students compete at Lee
CBHS team takes first
CBHS wins state, heads to nationals
Students learn to avoid jerks
Club 21 rewards acheivement
Benton Elementary Junior Beta Club rec..
Enriques on Dean’s List
Co-op experience leads to employment
Obituaries
MARY RUTH DAUGHERTY
90, of Charleston
JAMES (PETE) BLACKWELL
FELECE ANN WELLS
JAMES MONROE DAVENPORT
FLOYD ELMER SUIT
MARY PAULINE PRESLEY
MARGARET WANDA CRUMP
ROBIN RUNION ROGERS
HOYT FRANCIS PRINCE
JOHN WRIGHT BELLFLOWER
Opinions
Remember When ...
6/4/14
Remember When ...
Remember When...
Remember When ...
Remember When ...
Food for Thought
Letter to the Editor
Opinions
Food for Thought
Letters to the Editor
Polk County Heritage
Rev. Jason Matlock Has No Marker
The Esso Station
Butcher, Baker, Candlestick Maker
Calling All Old Timers!
Polk’s Political Power Struggle
Polk’s Political Power Struggle
Williams and Walker Family -
Polk County Heritage...
I’m My Own Grandpa!
Sheep in the Meadow . . Cows in the Co..
Local Events
Bulletin Board 7-16-14
Bulletin Board - 7/2/14
Bulletin Board 6/25/14
Bulletin Board - 6/18/14
Delano Baptist VBS starts Friday
Bulletin Board - 5/14/14
Production benefits Health Care Founda..
Craft Bazaar May 3
Bulletin Board - 4/30/14
Guided Spring hike Saturday
Local Sports
Jon Tucker new Wildcats coach
Jon Tucker has been named the new head basketball coach of the Polk County Wildcats’ Basketball Team.
Hindman new head coach
Softball banquet held
Former Polk player awarded
Polk athletes playing nationally
Polk loses ‘Cat fight
Two ‘Cats named All State
Polk County High School Powder Puff Fo..
Zach Miller and Tanner Plemmons were n..
Polk splits in Battle of States
Friends & Neighbors
Williamson in two episodes
UDC meets
Education Foundation meets
Griswold graduates basic
Pittaway to attend Congress of Future ..
GAs have visitor
Whitmire retires
TN Wesleyan honors
Ocoee Region Beekeeper's Association F..
2013 Miss Christmas Belle
Nature & Environment
Swallowtail feeds
A Yellow Tiger Swallowtail feeds on a thistle bloom at Bill Triplett’s barnyard. (Photo by Jim Caldwell)
Flame on
Trips to win
Bluebells blooming
Bloodroot heralds spring
Homeplace daffodils
Spring is coming
Spring crocus
Red-bellied woodpecker
Frost flower
Recreation & Visitor Information
Ocoee getting busy
River getting busier
Olympic model removed
Battle of Athens map available
Road Construction Won’t Delay Memori..
Poker run a success
Kids Fishing Days slated
Changes made at Tumbling Creek
Rail trips start April 5
Turkey shoot
Outdoor Sporting
Hog season changes urged
Wildlife Committee members from Polk and surrounding counties met with local lawmakers, wildlife commissioners, and TWRA last Tuesday to discuss the need to revisit hog hunting regulations in Tennessee.
Greasy Creek could close on stocking day
Big bass brought by
Tellico River fishing day slated
Coon hunting to continue
Opposition voiced to coon hunt change
Wild hog regulations change
Record bear harvest in 2011
Comment deadline Feb. 24
Hunter Safety classes available
Classifieds
Classifieds - 7/16/14
Classifieds - 7/9/14
Classifieds - 7/2/14
Classifieds - 6/25/14
Classifieds - 6/18/14
Classifieds - 6/11/14
Classifieds - 6/4/14
Classifieds - 5/28/14
Classifieds 5-14-14
Classifieds - 4/30/14
Public Notices
Public Notices - 7/16/14
Public Notices - 7/9/14
Public Notices - 7/2/14
Public Notices - 6/25/14
Public Notices - 6/18/14
Public Notices - 6/11/14
Public Notices - 6/4/14
Public Notices - 5/28/14
Public Notices - 5/21/14
Public Notices - 5/14/14
 


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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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