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Public Notices - 6/11/14
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FORECLOSURE SALE
    
Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated October 8, 1998, executed by Billy E. Patterson and Betty Patterson, recorded in T.D. Book 232, Page 370, Register’s Office for Polk County, Tennessee, and wherein the said Billy E. Patterson and Betty Patterson conveyed the property therein described to First American Title Ins. Co., Trustee, to secure the indebtedness therein described, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and note, and payment not having been made as demanded; and the undersigned, Joel E. Jordan, of 3326 Aspen Grove Drive #604, Franklin, Tennessee 37067, having been appointed as Substitute Trustee in the place and stead of First American Title Ins. Co., Trustee, said appointment being set forth in the Register’s Office for Polk County, Tennessee, notice is hereby given that I, Joel E. Jordan, Substitute Trustee, having been requested so to do by the lawful owner of said indebtedness, will on Friday, June 20, 2014, at 1:00 p.m. at the West door of the Polk County Courthouse, Benton, Tennessee, sell at public outcry to the highest and best bidder for cash, free from equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real estate in Polk County, Tennessee:
All that tract or parcel of land lying and being in Section 32, Fractional Township 3 South 5 East of the Ocoee Basis Line, Third Civil District, off Maple Grove Road, Stansbury Road area of Polk County, Tennessee and being more particularly described as follows:
BEGINNING  at a point at the intersection of a 12-foot gravel drive and the West side of a 40-foot right of way, 20 feet ± on each side of centerline of a 16-foot pave road, known as Parks Drive; from said point of beginning, along the 12-foot ravel drive and along a line common to the property herein and Burger, Deed Book 121, page 332, thence North 82°41’09” East a distance of 63.17 feet ± to a 24” metal pipe located at the Northwest corner of the property herein Conveyed and corner common to Burger, thence leaving the line common to gravel drive and along the line common to Burger and along with the meanderings of a small stream the following twelve (12) distances and calls, South 15°59’11” West a distance of 44.06 feet ± more or less, South 18°11’29” East a distance if 21.98 feet ±, South 01°34’07” East a distance of 59.09 feet ±; South 13°22’57” West a distance of 20.67 feet±; South 11°06’48” West a distance of 47.12 feet ±; South 09°38’04” West a distance of 52.36 feet ±; South 18°11’16” East a distance of 45.56 feet ±; North 74°40’21” East a distance of 11.23 feet ±; South 60°32’43” East a distance of 28.14 feet ±; South 30°07’47: East a distance of 32.92 feet ±; South 04°33’29” West a distance of 32.02 feet ±’ South 48°01’19” East 91.05 feet ±; South 34°49’19” East a distance of 44.48 feet ± to a point where the small creek intersects Brush Creek, a 12-foot wide creek and corner common to Lee, Deed Book 119, page 297’ thence leaving the line along the small stream and along with the meanderings of the aforementioned Brush Creek line common to Lee, the following nine (9) calls and distances:  South 75°41’58” West a distance of 142.99 feet ±; 17°51’13” West a distance of 35.34 feet ±; South 13°56’45” East a distance of 132.13 fee ±; South 16°10’33” West a distance of 107.58 feet ±; South 33°06’24” West a distance of 53.49 feet ±; North 81°15’41” West a distance of  70.07 feet ±; North 63°31’09” West a distance of 87.26 feet ±; South 36°52’30” West a distance of 89.67 feet ±; South 57°26’46” West a distance of 75.29 feet ± to the Southeast corner of the property herein conveyed and corner common to Lee, Deed Book 119, page 297 and Satterfield, Deed Book 70, page 226; thence leaving the line common to Lee and along the line common to Satterfield North 30°27’29” West a distance of 33.61 feet ± to an iron pin, thence continuing North 30°27’29” West a distance of 25.05 feet ± to a point marking the beginning of a board fence, thence North 44°30’57” West a distance of 142.37 feet to an 8” Pine and fence corner thence continuing North 44°30’57” 6.71 feet to a ½” rebar iron pin set located on the Southwest corner of the property herein conveyed and the West side of a 60-foot right of way extending 30 feet from the centerline of Hwy 68, a Tennessee State maintained road. Thence leaving the line common to Satterfield and along with the aforementioned right of way, North 22°01’53” East a distance of 85.37 feet to a point on the intersection of the aforementioned right of way and the aforementioned right of way of Parks Drive; thence leaving the aforemention(sic) right of way of Tennessee Hwy 68 and along with the aforementioned right of way of Parks Drive, the following seven (7) calls and distances:  North 52°07’05” East a distance of 52.01 feet, North 26°14’37” East a distance of 108.22 feet, North 30°29’22” East a distance of 194.00 feet, North 36°50’28” East a distance of 149.57 feet, North 28°36’08” East a distance of 69.81 feet, North 13°58’08” East a distance of 66.78 feet, North 04°32’37” East a distance of 74.46 feet to the point of beginning, containing 4.83 acres, more or less according to Survey for Billy F. Patterson dated September 23, 1996 recorded on October 23, 1996 in Plat Book 7, page 225, by Lane S. Bishop, Registered Land Surveyor #1324, PO Box 1506, Blue Ridge, Georgia 30513, 632-3919, a copy of said survey is attached hereto and incorporated by reference herein.  Bounded on the North by Burger, on the East by Burger and Lee, on the South by Satterfield, on the West by Hwy 68 and Parks Drive.
Being the same property conveyed to Billy E. Patterson by Warranty Deed from Raymond C. Vaughn and wife, Ruth Vaughn dated October 14, 1996 and recorded in WD Book 191, Page 321, Register’s Office of Polk County, Tennessee.
Included in this conveyance is a 1999 Fleetwood mobile home, Serial #GAFLW35AB15185HL12.
This is improved property known as Parks Dr. St., State Hwy 68, Ducktown, Tennessee 37326.
The 2013 taxes are currently due and payable.  The 2012, 2011, 2010, 2009 and 2008 taxes are currently past due and delinquent.
    Said sale is subject to any and all unpaid taxes and any other prior claims, liens, easements, set back lines and restrictions.
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 BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

JOEL E. JORDAN
                Substitute Trustee


STELTEMEIER & WESTBROOK, PLLC
3326 Aspen Grove Drive, #604
Franklin, Tennessee 37067

Insertion Dates:  May 28, June 4 and June 11, 2014.

NOTICE OF SUBSTIUTE TRUSTEES SALE

WHEREAS, Paul R. Bleichner and Lucinda Bleichner, on or about 3-15-2007 in Book 354, Page 11-12, and in Book 241 Page 170, of record in the Register’s Office of Polk County, Tennessee, conveyed to DOUGLAS N.  BLACKWELL II, duly appointed SUBSTITUTE TRUSTEE, the herein after described real property to secure the payment of certain Promissory Notes described in the Deeds of  Trust, which Notes were payable to Athens Federal Community Bank, and
WHEREAS, default has been made in the payment of the Notes, and
WHEREAS, the owner and holder of the Notes has demanded that the hereinafter described real property be advertised and sold in satisfaction of the indebtedness and  costs of foreclosure in accordance with the terms and provisions of the Notes and Deed of Trust.
NOW, THEREFORE, notice is hereby given that I, DOUGLAS N. BLACKWELL II, SUBSITUTE TRUSTEE, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on June 20, 2014 at 10:05am at the front of the Main Door of the Polk County Courthouse in Polk County, Tennessee, offer for sale to the highest bidder for cash, and free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deeds of Trust, certain real property and attachments located in Polk County, Tennessee, described as follows:
LYING AND BEING situated in the Second Civil District of Polk County, Tennessee, the same being all of the following described property lying North of said road and near the railroad as described in the Will of Baxter Hall recorded in Will Book G, Page 194, in the County  Court Clerk’s Office of Polk County, Tennessee.  Said original tract of which this is a part is described as eight (8) acres, more or less, and being more particularly described as follows, to-wit:
BEGINNING at the mouth of Hopper Branch where it empties into the Hiwassee River; thence in a Northeasterly direction up and with the meanders of said Branch to a corner at an iron woodtree and black gum tree; thence in a Southward direction, a straight line, to a ten inch yellow pine tree on the bank of the north side of and near the Louisville and Nashville Railroad, continuing in a straight line same degree as above line mentioned and crossing said railroad to the Hiwassee River; thence down the North Bank, at low water mark of said river to the POINT OF BEGINNING. 
THERE IS EXCEPTED from this conveyance all the right of said Louisville & Nashville Railroad.
AND BEING the same property conveyed to Paul R. Bleichner by deed of Edmond F. Jared, Jr., dated November 24, 1992, of recorded in the Register’s Office for Polk County, Tennessee, in Deed Book 161, Page 311.
There is also CONVEYED herewith the right of ingress and egress, over and across the existing roadway that leads from the County Road to the above-described property.  Said Right-of-way easement was conveyed to Dennis Burchfield by Joseph Hoyal Merrell and wife, Beulah Mae Merrell on November 6, 1985, and recorded in Deed Book 123, at Page 47, in the Register’s Office, Polk County, Tennessee, to which reference is here made.
There is, however, EXCEPTED herefrom that which was conveyed to Wayne Burchfield by Velma Hall by deed dated October 10, 1978, and recorded in Deed Book 94, at page 345, in the Register’s Office, Polk County, TN, to which reference is hereby made.
SUBJECT to the right of way of L&N Rairoad as shown on the tax map.
Commonly known as: 207 Ghorley Drive, but such is not included in the legal description herein.
OTHER INTERESTED PARTIES: Polk County Property Tax Office, Occupants, Paul and Lucinda Bleichner, Polk County Clerk and Master
The provisions of Tennessee Code Annotated, Sections 35-5-101 et seq. and 35-5-117 et seq., have been complied with, or they are not applicable.
The title to said real estate is believed good, but I will convey as substitute trustee only and subject to any unpaid taxes.
This sale is subject to all matters shown on applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory right 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.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply.
The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above.
This sale is subject to liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matter, which are prior in right to the lien of the aforesaid Deed of Trust.
WITNESS my hand this 20th  day of May, 2014.
/s/ Douglas N. Blackwell II
Douglas N. Blackwell II, Attorney
Blackwell Law Offices PLLC
P. O. Box 1455, Cleveland, TN  37364
(423) 472-3000
   
THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
   
To Be Run On: May 28, June 4 and 11, 2014.
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 December 3, 2002, of record in Book TD 281, Page 624, Register=s Office for Polk County, Tennessee, (“ROPC”) from Ricky Lee Waters and wife, Dawn Waters  (“Borrower”) to David S. Humberd  (“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 150, Page 243, said Register=s Office, to serve in the place and stead of David S. Humberd, Trustee; and
NOW, THEREFORE, I, Douglas R. Johnson, Successor Trustee, pursuant to said Deed of Trust, having been requested by First Volunteer Bank, as successor in interest to Benton Banking Company, 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 June 25, 2014 at 3:30 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 the First Civil District of Polk County, Tennessee:
BEING LOT NO. 2 in BLOCK “H” of the HIWASSEE RIVERIA ESTATES as shown on map or plat of record in Plat Book 2, Page 59 in the Register’s Office of Polk County, Tennessee and being more particularly described as BEGINNING at a point in the East line of East Central Avenue, which point is the Southwest corner of the herein conveyed lot and the Northwest corner of Lot No. 1 of said Block and which is located Northeast along the East line of East Central Avenue, 100 feet from the extension of said Avenue at its intersection with the extension of the North line of Woodbine Drive; and thence running along and with the East line of said East Central Avenue, in a Northeasterly direction, 100 feet to the South line of Lot No. 3 of said Block; thence running along and with the South line of said Lot No. 3 in an Eastern direction 200 feet to the Northwest line of Lot No. 8 of said Block; and thence along and with the Northwest line of Lots Nos. 8 and 7 in a Southwestern direction, 80 feet to the North line of Lot No. 1 of said Block; thence along and with the North line of said Lot No. 1 in a Western direction, 190 feet to the point of beginning.
SUBJECT to Restrictions recorded in Misc. Book 27, Page 176, ROPCT.
This property is commonly known as:  114 Central Avenue, Benton, TN 37307
                       Map & Parcel  018C-C-016.00

Additionally, the property is encumbered by a prior lien to Glen J. Hertzler, Jr., Trustee for Farmers Home Administration, PO Box 790301, St. Louis, MO 63179, by Deed of Trust dated April 3, 1981, of record in Book TB 86, Page 76 ROPC and Modified at TB 110, Page 329 ROPC.  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: June 2, 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 SUBSTITUTE TRUSTEE’S SALE


WHEREAS, by Deed of Trust dated November 4, 2011, LINDA J. WOODY did convey in trust to Title Insurance Company a/k/a TIC, Trustee certain tract of land to secure payment of a debt in the principal sum of $145,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 415, Page 413 et seq., of the Register’s Office of Polk County, Tennessee. Said Deed of Trust (the “Original Deed of Trust”) is incorporated herein by reference; and
WHEREAS, the Original Deed of Trust was modified by those Modification Agreement recorded in Trust Book 423, Page 143 et seq., in the Register’s Office of Polk County, Tennessee; and
WHEREAS, First Bank of Tennessee is the true and lawful owner and holder of the Note, secured by the Deed of Trust, as modified; and
WHEREAS, by instrument recorded April 25, 2014 in Deed Book 150, Page 246 et seq., Register’s Office of Polk County, Tennessee, First Bank of Tennessee exercising its authority as such owner and holder appointed Andrew F. Tucker as Substitute Trustee; and
WHEREAS, default has been made in the payment of debts and obligations secured by said Deed of Trust, as modified, and the owner and holder of the Note has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with its terms and provisions.
NOW THEREFORE, by authority vested in me as Substitute Trustee under said instrument, I will, on July 8, 2014  at 1:00 p.m. EDST at the West door, of the Polk County Courthouse, Benton, Tennessee, offer for sale at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed which is situated in the State of Tennessee, Polk County and is  described as follows: 
Tax Map and Parcel Number
008-017.03 & SI-001

To find the Point of BEGINNING begin at the intersection of the Northeast line of Chestuee Road with the dividing line between Tracts 19 and 20 of the property of Billy R. Locke as shown by survey of Jimmy L. Richmond, TRLS #917 dated October 9, 1993; THENCE along the Northeast line of Chestuee Road, South 21 degrees 26 minutes 49 seconds East, 155.1 feet to a point; THENCE South 22 degrees 21 minutes 47 seconds East 80.00 feet to a point in the Northwest corner of the property herein conveyed, the True Point of BEGINNING; THENCE South 51 degrees 12 minutes 36 seconds West, 1,066.25 feet to a point; THENCE South 38 degrees 47 minutes 24 seconds East, 396.74 feet to a point; THENCE North 35 degrees 31 minutes 21 seconds East 762.37 feet to a point; THENCE along the center line of Chestuee Creek the following courses and distanced: South 58 degrees 32 minutes 38 seconds East 380.32 feet; South 63 degrees 14 minutes 04 seconds East, 130.23 feet; South 66 degrees 51 minutes 48 seconds East, 143.23 feet; South 61 degrees 50 minutes 17 seconds East, 179.763 feet; South 40 degrees 32 minutes 38 seconds East, 212.58 feet; South 40 degrees 32 minutes 39 seconds East, 240.00 feet; South 28 degrees 50 minutes 49 seconds East, 198.82; South 39 degrees 49 minutes 39 seconds East, 87.61 feet; South 47 degrees 35 minutes 25 seconds East, 142.89 feet; South 41 degrees 34 minutes 21 seconds East, 124.48 feet; South 31 degrees 44 minutes 48 seconds East, 77.03 feet; South 04 degrees 11 minutes 14 seconds East, 133.85 feet; South 06 degrees 50 minutes 53 seconds West, 134.44 feet; South 32 degrees 03 minutes 08 seconds West, 112.33 feet; South 23 degrees 35 minutes 54 seconds west, 191.71 feet; South 51 degrees 17 minutes 38 seconds West, 78.09 feet; North 72 degrees 40 minutes 49 seconds West, 60.16 feet; North 51 degrees 48 minutes 44 (erroneously referred to as 344 in DB 223, PG 254, ROPCT), seconds West, 90.15 feet; North 37 degrees 43 minutes 29 seconds West, 230.41 feet; South 80 degrees 27 minutes 17 seconds West, 66.42 feet; South 34 degrees 50 minutes 20 seconds West 68.94 feet; South 10 degrees 27 minutes 18 seconds West, 330.20 feet; South 09 degrees 39 minutes 40 seconds East, 354.29 feet; South 69 degrees 32 minutes 21 seconds East, 352.74 feet; South 32 degrees 41 minutes 45 seconds East, 74.14 feet; South 25 degrees 56 minutes 28 seconds West, 74.43 feet; South 50 degrees 51 minutes 34 seconds West, 309.63 feet; South 35 degrees 28 minutes 32 seconds West, 424.56 feet; South 36 degrees 13 minutes 08 seconds West, 208.83 feet; South 51 degrees 50 minutes 20 seconds West, 220.24 feet; South 07 degrees 45 minutes 43 seconds East, 101.79 feet; South 45 degrees 01 minutes 15 seconds East, 67.18 feet; South 70 degrees 12 minutes 44 seconds East, 180.19 feet; South 78 degrees 13 minutes 52 seconds East, 356.39 feet; South 34 degrees 06 minutes 38 seconds East, 72.39 feet; South 40 degrees 07 minutes 19 seconds West, 156.06 feet; South 88 degrees 32 minutes 52 seconds West, 213.94 feet; North 51 degrees 53 minutes 34 seconds West, 264.56 feet; North 46 degrees 03 minutes 39 seconds West, 388.98 feet; North 43 degrees 26 minutes 23 seconds West, 155.04 feet; North 73 degrees 23 minutes 03 seconds West, 105.46 feet; THENCE leaving the center line of Chestuee Creek and along the Northeast line of Chestuee Road the following courses and distances: North 04 degrees 46 minutes 08 seconds East, 54.21 feet; North 00 degrees 53 minutes 12 seconds East, 59.65 feet; North 37 degrees 11 minutes 26 seconds West, 46.00 feet; North 53 degrees 48 minutes 24 seconds West, 218.58 feet; North 68 degrees 12 minutes 19 seconds West, 108.53 feet; North 50 degrees 59 minutes 22 seconds West, 64.01 feet; North 33 degrees 41 minutes 53 seconds West, 71.84 feet; North 25 degrees 10 minutes 56 seconds West, 60.59 feet; North 17 degrees 42 minutes 15 seconds, West 188.33 feet; North 17 degrees 42 minutes 14 seconds West, 170.00 feet; North 23 degrees 03 minutes 52 seconds west, 73.36 feet; North 30 degrees 03 minutes 47 seconds West, 54.97 feet; North 35 degrees 01 minutes 46 seconds West, 50.00 feet; North 35 degrees 01 minutes 46 seconds West, 62.71 feet; North 36 degrees 38 minutes 56 seconds West, 191.34 feet; North 30 degrees 59 minutes 40 seconds West, 201.51 feet; North 27 degrees 02 minutes 55 seconds West, 111.29 feet; North 22 degrees 21 minutes 47 seconds West, 274.43 feet to the Point of BEGINNING, all shown by survey of Richmond Surveying Co., RLS #917 dated July 25, 2002.    
LESS AND EXCEPT that portion of land conveyed in Deed Book 249, Page 172, et seq., in the Register’s Office of Polk County, Tennessee.
LESS AND EXCEPT that portion of land conveyed in Deed Book 241, Page 162, et seq., in the Register’s Office of Polk County, Tennessee.
LESS AND EXCEPT that portion of land conveyed in Deed Book 261, Page 497, et seq., in the Register’s Office of Polk County, Tennessee.
SUBJECT TO any governmental zoning and subdivision ordinances and regulations in effect thereon. 
SUBJECT TO fifty (50) foot Access and Utility Easement as shown on Survey of Jimmy L. Richmond, TRLS No. 917, dated November 15, 2002 and styled Survey of Chestuee Crossing.
SUBJECT TO twenty (20) foot Utility Easement along Chestueee Road per said survey.
SUBJECT TO fifty (50) foot Access Easement for construction and maintenance of utilities as per said survey.
SUBJECT TO five (5) foot drainage and utility easement on all other lot lines per said survey.
Being a portion of the same property conveyed to Michael L. Woody and wife, Linda J. Woody by Warranty Deed from Alvin Calhoun dated October 16, 2002 and recorded October 30, 2002, in Deed Book 223, Page 254, in the Register’s Office of Polk County, Tennessee.
Commonly known as: 143 Chestuee Crossing Road, Delano, Tennessee 37325.  In the event of a discrepancy between the street address and the legal description, the legal description of the Deed of Trust shall control.
Said sale shall be made for cash in bar of all right and equity of redemption,  homestead, dower, and all other rights of exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:
Any unpaid taxes against the property; and
Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property and;
Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and
Any prior or superior liens, judgment, deeds of trust or other interests of record.
Mortgagee has complied with the notice provisions of 26 U.S.C. § 7425(b) and Reg. §§ 301.7425-1 and, Tenn. Code Ann. § 67-1-1433(b)(2), if applicable.
The failure of any high bidder to pay the purchase price and close this sale shall, at the option of First Bank of Tennessee, cause for rejection of the bid, and if the bid is rejected, First Bank of Tennessee shall have the option of making the sale to the next highest bidder who is capable, and willing 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 and are made a part hereof as if set forth verbatim herein.  Title is believed to be good, but will be sold as Substitute Trustee only.
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.
This notice of Sale has been posted and published accordance with Tenn. Code Ann. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning June 11, 2014.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR.  THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
                    Andrew F. Tucker, Substitute Trustee
                            Law Office of Andrew F. Tucker
                385 2nd Avenue, Suite 1
                Dayton, Tennessee 37321
                (423) 570-0506

Published:                     
           The Polk County News
           June 11, 2014
           June 18, 2014
           June 25, 2014    

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 January 23, 2004, and the Deed of Trust of even date securing the same, recorded January 29, 2004, at Book TD300, Page 547 in Office of the Register of Deeds for Polk County, Tennessee, executed by Claudette Taylor and Nathaniel Taylor, conveying certain property therein described to Laura M. Crawford as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for First American Equity Corp., 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 June 30, 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:
A certain tract of land situated in the Third Civil District, near Turtletown, Polk County, Tennessee, and more particularly described as follows:
Beginning at an iron peg and white oak tree on the Gaddis line and running approximately 400 feet in a Northwesterly direction to an iron peg and white oak tree in the cove; thence in a southwest direction approximately 380 feet to a white oak and iron peg at the Byrd line; thence in a Southern direction with the Byrd line approximately 200 feet to the old county road thence in an easterly direction with the said county road to an iron peg at the Gaddis Line; thence in a Northerly direction with the Gaddis line approximately 280 feet to the point of beginning.
ALSO KNOWN AS:  4961 Highway 68, Turtletown, Tennessee 37391
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:  Claudette Taylor; Nathaniel Taylor; Estate of Nathaniel Taylor; Heir(s) if any, of Nathaniel Taylor
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. 780‑245746
DATED May 22, 2014

INSERTION DATES:    WILSON & ASSOCIATES, P.L.L.C.,
              Successor Trustee
    June 4, 2014
    June 11, 2014
    June 18, 2014
            FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM



SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on July 8, 2014 at 12:00 PM local time, at the west door, Polk County Courthouse, 6239 Highway 411, Benton, Tennessee, pursuant to Deed of Trust executed by Jimmie Sedgwick and wife, J. Marie Sedgwick, to Barbara Dill, Trustee, on May 14, 2007 at Book TD358, Page 15, Instrument No. 07001720; all of record in the Polk County Register’s Office.
Party entitled to enforce security interest: CitiFinancial Servicing LLC, 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:
All that certain parcel of land in the First Civil District, Polk County, State of TN, as more fully described in Book WD237, Page 109 ID#108I-002.01, being known and designated as Lot No 6, Casson Heights filed in Plat Book 2 at Page 21.
Street Address: 4666 Ladd Springs Road, Cleveland, Tennessee 37362
Secondary Property Address: 4666 Ladd Springs Road, Old Fort, TN 37362
Parcel Number: 108I-A-002.01
Current Owner(s) of Property: Jimmie Sedgwick and wife, J. Marie Sedgwick
The street address of the above described property is believed to be 4666 Ladd Springs Road, Cleveland, 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
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690
www.kirschattorneys.com


File No. 14-056173
NOTICE OF SUBSTITUTE TRUSTEE’S SALE


WHEREAS, by Deed of Trust dated February 6, 2009, CHARLES M. WOODY did convey in trust to David Humberd, Trustee certain tract of land to secure payment of a debt in the principal sum of $100,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 390, Page 409 et seq., of the Register’s Office of Polk County, Tennessee. Said Deed of Trust (the “Original Deed of Trust”) is incorporated herein by reference; and
WHEREAS, First Bank of Tennessee is the true and lawful owner and holder of the Note, secured by the Deed of Trust; and
WHEREAS, by instrument recorded April 25, 2014 in Trust Book 150, Page 247 et seq., Register’s Office of Polk County, Tennessee, First Bank of Tennessee exercising its authority as such owner and holder appointed Andrew F. Tucker as Substitute Trustee; and
WHEREAS, default has been made in the payment of debts and obligations secured by said Deed of Trust and the owner and holder of the Note has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with its terms and provisions.
NOW THEREFORE, by authority vested in me as Trustee under said instrument, I will, on July 8, 2014 at 1:00 p.m. at the West door of the Polk County Courthouse, Benton, Tennessee, offer for sale at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed which is situated in the State of Tennessee, Polk County and is  described as follows: 
Tax Map and Parcel Number:
25-06.02

LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:

BEING Lots 6B-1, 6B-2, 6C-1, being shown by survey of Jimmy L. Richmond, TRLS #917 dated 3-19-03 revised 1-6-04 and BEGINNING at an iron pin the North line of 50 foot right-of-way easement at its intersection with the dividing line between Lots 6A-2 and 6B-1; THENCE along the line of Lot 6A-2, North 72 degrees 35 minutes 16 seconds East, 403.01 feeto to a point in the line of the Hiwassee River; THENCE along the line of the Hiwassee River the following courses and distances; South 46 degrees 17 minutes East, 175.0 feet; THENCE South 48 degrees 2 minutes 49 seconds East, 213.82 feet; THENCE South 25 degrees 29 minutes 15 seconds East, 256.33 feet; THENCE along the line of Lot 6C-2, North 36 degrees 11 minutes 15 seconds West, 649.38 feet; THENCE South 54 degrees 33 minutes 28 seconds West, 379.11 feet; THENCE North 35 degrees 26 minutes 32 seconds West, 760.42 feet to an iron pin in the line of said 50 foot right of way easement for ingress and egress; THENCE along the line of said easement, North 29 degrees 39 minutes 15 seconds East, 136.21 feet; THENCE on a right-handed curve, Delta equals 109 degrees 57 minutes 35 seconds, radius equals 100 feet, a distance of 191.92 feet to a point; THENCE crossing said 50 foot easement, North 49 degrees 36 minutes 50 seconds East, 50.0 feet; THENCE South 40 degrees 24 minutes 11 seconds East, 30.05 feet to the beginning point. Said tract containing a total of 15.0 acres, more or less.
Being the property conveyed to Charles Michael Woody by deed of record in Deed Book 261, Page 139, Register’s Office Polk County, Tennessee.
There is also conveyed the right to use a 50 foot right of way easement including the right to place utilities thereupon. Said easement being shown in its entirety on the plat of Hiwassee River Landing. The grantee herein shall share pro rata in the maintenance of said right of way of easement. Said easement shall not be maintained by Polk County, Tennessee and shall be the sole responsibility of property owners of Hiwassee River Landing.         
SUBJECT TO Any governmental zoning and/or subdivision ordinances or regulations in effect thereon.
Commonly known as: 143 Chestuee Street, Delano, Tennessee.  In the event of a discrepancy between the street address and the legal description, the legal description of the Deed of Trust shall control.
Said sale shall be made for cash in bar of all right and equity of redemption,  homestead, dower, and all other rights of exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:
Any unpaid taxes against the property; and
Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property and;
Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and
Any prior or superior liens, judgment, deeds of trust or other interests of record.
Mortgagee has complied with the notice provisions of 26 U.S.C. § 7245(c) and Reg. §§ 301.7425-1 and, Tenn. Code Ann. §  67-1-1433(b)(2), if applicable.
The failure of any high bidder to pay the purchase price and close this sale shall, at the option of First Bank of Tennessee, cause for rejection of the bid, and if the bid is rejected, First Bank of Tennessee shall have the option of making the sale to the next highest bidder who is capable, and willing 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 and are made a part hereof as if set forth verbatim herein.  Title is believed to be good, but will be sold as Substitute Trustee only.
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.
This notice of Sale has been posted and published accordance with Tenn. Code Ann. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning June 11, 2014.


THIS COMMUNICATION IS FROM A DEBT COLLECTOR.  THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Andrew F. Tucker
Law Office of Andrew F. Tucker
385 2nd Avenue, Suite 1
Dayton, Tennessee 37321
(423) 570-0506
Published:                     
The Polk County News
  June 11, 2014
  June 18, 2014
   June 25, 2014    
   
 TRUSTEE’S NOTICE OF SALE
OF REAL ESTATE AND AFFIXED MANUFACTURED HOME

ANTHONY R. STEELE, Trustee of a Deed of Trust executed on May 21, 2010, by JOSHUA T. NEWBY and MIRANDA NEWBY, husband and wife, which appears of record in the Register’s Office of Polk County, Tennessee, at Book TD410, Page 247, as modified by Agreement at Book MS137, Page 15 (“Deed of Trust”) will sell for cash at a foreclosure sale requested by the current holder of the Deed of Trust and underlying indebtedness, Vanderbilt Mortgage and Finance, Inc., the property described below.  Pursuant to T.C.A. §47-9-604 this sale shall also include the affixed manufactured home (referenced in Affidavit of Affixation at Book WD266, Page 373) described as one (1) 2010 CMH SP Mountaineer Manufactured Home bearing Serial Number CAP024706TNAB.
Sale Date and Location:  July 7, 2014, at 10:00 a.m. at the front door of the Courthouse in Benton, Polk County, Tennessee.     
Property Description:  Abbreviated description per TCA 35-5-104(a)(2) is the property referenced and described fully at Book WD266, Page 371 and commonly known as Lot 1, Final Plat of Dan Grundy Property, Plat Book, 13, Page 82.
Property Address:   1474 Benton Station Rd., Benton, Polk County, TN
Tax Map Identification No.:  035-076.14 (However, the property description shall control in the event of any inconsistencies between the description and address or tax identification number).
Parties Interested:  None known.
All sales of Property, both real and personal, are “AS IS” and “WHERE IS” without representation or warranty as to merchantability or fitness for a particular purpose or of any kind, except as to title and authority to convey.
The sale of the described property is subject to all matters shown on any recorded plan; any unpaid taxes, any restrictive covenants, easements, set-back lines, prior liens, encumbrances, if any, and any other priority as may appear in the public records. Title to the manufactured home may be transferred by Bill of Sale or Certificate of Title, as the case may require.   
The right is preserved 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 PURPOSE OF THIS COMMUNICATION IS TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED AS A RESULT WILL BE USED FOR THAT EXPRESS PURPOSE ONLY.  THIS COMMUNICATION IS FROM A DEBT COLLECTOR.

    This the 2nd day of June, 2014.
Anthony R. Steele, Trustee

Winchester, Sellers, Foster & Steele, P.C.
P. O. Box 2428
Knoxville, TN 37901
(865) 637-1980

Publication Dates:     June 11, June 18 and June 25, 2014.

NOTICE OF INTENT

The City of Ducktown is in the process of applying for financial assistance with USDA / Rural Development for the purpose of replacing an existing traffic signal. Any questions or comments may be made to James Talley, Mayor at 423-496-3546.

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 7th day of July, 2014 at 1 p.m. and at the Ducktown Courthouse on the 7th day of July, 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

Early Notice and Public Review of a Proposed
Activity in a 100-Year Floodplain

To:  All interested Agencies - Federal, State, and Local - Groups and Individuals

This is to give notice that The Town of Benton has conducted an evaluation as required by Executive Order 11988 and/or 11990, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for Water Source Development Project under GG-12-38391-00.  Due to lack of success with a well near Camp Agape and the anticipated additional costs needed to develop a well with adequate yield and quality, TDEC recently approved an interconnection with Etowah Utilities (EU) as an alternative to a second well in order for the Town to become compliant with TDEC rule requiring the second well. The minor system improvements would replace a section of asbestos cement waterline which has experienced numerous breaks in the past. This waterline crosses under a small streambed and approximately 100 feet of undeveloped floodplain along the road right-of-way of Parksville Road between the Campbell Road loop. State ARAP permits will be secured as needed prior to construction and erosion and sediment control procedures will be followed. The proposed action will not affect beneficial floodplain attributes, and it represents an improvement in the area’ water supply.  Less than one acre of floodplain is involved.  The proposed project(s) is located at 2177-2199 Parksville Rd in Benton, TN, Polk County.
There are three primary purposes for this notice.  First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas.  Second, an adequate public notice program can be an important public educational tool. The dissemination of information about floodplains can facilitate and enhance Federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains, it must inform those who may be put at greater or continued risk.
Written comments must be received by Town of Benton at the following address on or before June, 26, 2014. A minimum 15 calendar day comment period will begin the day after the publication and end on the 16th day after the publication:  Town of Benton, PO Box 687, Benton, TN 37307 and 423-338-5733, Attention:  Jerry Stephens, Mayor, during the hours of 9:00 AM to 5:00 PM.  Comments may also be submitted via email at rjohnson@sedev.org.
Date: June 11, 2014



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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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