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IN THE CHANCERY COURT OF POLK COUNTY, TENNESSEE
PROBATE DIVISION

NOTICE TO CREDITORS
ESTATE OF: Vicky Stephens (deceased) Docket No. 2014-PR-28

Notice is hereby given that on the 24th day of June, 2014, Letters Testamentary in respect of the estate of Vicky Stephens, deceased, who died May 17, 2014 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.

Keena Dalton
Executor/Administrator

Kimberly A. Ingram
Clerk

Andrew Morgan
Attorney


NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, by Deed of Trust dated November 22, 2005, CHARLES M. WOODY and PAUL MCCLARY did convey in trust to Title Insurance Company, Trustee certain tract of land to secure payment of a debt in the principal sum of $200,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 330, Page 572 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 June 16, 2014 in Miscellaneous Book 150, Page 429 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 1:50 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:  
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE
BEING Lot Two-A (2A) and Three-A (3A) of the Benton Manufacturing Co. Plat A as shown by plat of record in Plat Book 10, Page 111 et seq., in the Register’s Office of Polk County, Tennessee, to which reference is herein made.
BEING the same property conveyed to Charles Michael Woody and Paul McClary by deed from Lucille H. Humphrys dated November 22, 2005 recorded in Deed Book 241, Page 395 et seq., in the Register’s Office of Polk County, Tennessee.
SUBJECT TO drainage and utility easements and setback lines as set out on recorded plat.
SUBJECT TO ingress and egress easement shown on recorded plat.
SUBJECT TO sewer easement shown on recorded plat.
SUBJECT TO any governmental zoning and subdivision ordinances and regulations in effect thereon.
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 18, 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 18, 2014
           June 25, 2014
           July 2, 2014     
    
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

 NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on March 8, 1996, by Paula E. Green, unmarried, to David Seivers, Trustee, as same appears of record in the Register’s Office of Polk County, Tennessee in Book TD 190, Page 318, (“Deed of Trust”); and
WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture (“USDA”); and
WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed David Collett as Substitute Trustee by instrument filed for record in the Register’s Office of Polk County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and
NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and David Collett as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Tuesday, July 22, 2014, commencing at 10:00 A.M. at the West door of the Polk County Courthouse, Benton, Tennessee, proceed to sell at public outcry to the highest bidder either for cash in the form of a cashier’s check or 10 per cent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the First Civil District Polk County, Tennessee to wit:
LOT TWENTY (20) in CROWE HILLS SUBDIVISION, a Plat of which is recorded in the Register’s Office for said County in Plat Book 2, page 61.
Said LOT is more particularly described as BEGINNING in the Northwest line of Nancy Ward Lane, 410 feet Southwest from where said line of said Lane would intersect the Southwest line of George Bates Road, if said line of said Lane and Road were extended to their intersecting points, on the most Southerly corner of Lot 19, as shown on said Plat; and running thence with the Northeast line of said Lot 21, North 66° 39´ West, 200 feet to the most Southerly corner of Lot 28, as shown on said Plat; thence with the Southeast line of said Lot 28, North 23° 15´ East, 105 feet to the most Westerly corner of said Lot 19; thence with the Southwest line of said Lot 19, South 66° 39´ East, 200 feet to the BEGINNING, as shown by survey of Neal Sanders, dated 28 June 1977, Dwg. No. 2196-20.
Map 036B-B Parcel 007.00
PROPERTY ADDRESS: 235 Crowehill Cir, Benton, TN 37307
BEING the same real estate conveyed to me by Darrell Anderson & Associates, Inc. by deed dated 2/14/96 which is to be recorded in ROPCT in Deed Book 186, page 69. SUBJECT to Restrictions shown on above deed.
CURRENT OWNERS: William Green (by assumption agreement)
The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.
PARTIES INTERESTED:  First Volunteer Bank
                  LVNV Funding, LLC Assignee of Providian Financial

All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
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.
Publication Dates: June 25, July 2, and July 9, 2014.

David Collett
Substitute Trustee
103 Cherokee Blvd, Suite 2A
Chattanooga, TN 37405
http//www.resales.usda.gov

PUBLIC NOTICE

A-10
Final Notice and Public Explanation 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 under CFR 24 Part 58 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 a Community Development Block Grant under GG-12-38391-00. The proposed project is located at 2177-2199 Parksville Road in Benton, TN, Polk County.  The proposed project, Water Source Development Project, includes minor system improvements that 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’s water supply. This action is required to comply with TDEC regulations.  Less than one acre of floodplain is involved. 
The Town of Benton has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values:   The proposed action must take place in a floodplain to prevent future waterline failures and bring the Town of Benton into compliance with TDEC regulations. The actions will not affect beneficial floodplain attributes, and it represents an improvement in the area’s water supply, water safety, and property value.  A no action alternative was considered and rejected because of the TDEC regulations that Benton is currently in violation of.  The propose activity conforms to all applicable State floodplain protection standards. State ARAP permits will be secured as needed prior to construction and erosion and sediment control procedures will be followed.
The Town of Benton has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative.  Environmental files that document compliance with steps 3 through 6 of Executive Order 11988 and/or 11990, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments. This activity will have no significant impact on the environment for the following reasons:
Work will be completed during dry periods to prevent run off of sediment. The city will also take an active role in monitoring the construction process to ensure no unnecessary impacts occur nor unnecessary risks are taken.  No new occupancy will take place in the floodplain as a result of this project.
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 the Town of Benton at the following address on or before July 10, 2014:  The Town of Benton, PO Box 687, Benton, TN 37307 and 423-338-5733, Attention:  Jerry Stephens, Mayor.  Comments may also be submitted or further information can be requested via email at rjohnson@sedev.org.  A full description of the project may also be reviewed from 9a.m.-4p.m. Monday – Friday at 6496 Highway 411, Benton, TN 37307.

Date: July 2, 2014

Name of Certifying Officer:   Jerry Stephens

Title of Certifying Officer:     Mayor


NOTICE TO CREDITORS

ESTATE OF: Mildred Marie Newman (deceased) Docket No. 2014-PR-14

Notice is hereby given that on the 25th day of June, 2014, Letters Testamentary in respect of the estate of Mildred Marie Newman, deceased, who died July 30, 2013 were issued to the undersigned by the Chancery Court (Probate Division) 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 25th day of June, 2014.

Carol Faye Hughes
Administrator

G. William Little
Attorney for the Estate

Kimberly A. Ingram
Clerk & Master

NOTICE OF SUBSTITUTE TRUSTEE’S SALE


WHEREAS, by Deed of Trust dated May 1, 2006, CHARLES MICHAEL WOODY and PAUL MCCLARY did convey in trust to Title Insurance Company, Trustee certain tract of land to secure payment of a debt in the principal sum of $70,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 335, Page 467 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 June 16, 2014 in Miscellaneous Book 150, Page 427 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 1:30 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: 
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE
Lots Two-A (2-A) and Three-A (3-A) Benton Manufacturing Co. Plat A as shown by plat of record in Plat Book 10, page 111 in the Register’s Office of Polk County, Tennessee.
Being the same real estate conveyed to Charles Michael Woody and Paul McClary by Warranty Deed from Lucille Humphrys dated November 22, 2005 and recorded in Deed Book 241, page 395 in the Register’s Office of Polk County, Tennessee.
SUBJECT TO Any governmental zoning and/or subdivision ordinance or regulation in effect thereon.
SUBJECT TO Deed of Trust dated November 22, 2005 and recorded January 10, 2006 in Trust Book 330, page 572 in the Register’s Office of Polk County, Tennessee; executed by Charles Michael Woody and Paul McClary to secure First Bank of Tennessee in the original amount of $200, 000.
SUBJECT TO Twenty (20) foot drainage and utility easement on lot lines abutting public roads as noted on recorded plat.
SUBJECT TO Ten (10) foot drainage and utility easement on exterior lot lines as noted on recorded plat.
SUBJECT TO Five (5) foot drainage and utility easement on interior lot lines as noted on recorded plat.
SUBJECT TO Building setback lines as shown on recorded plat.
SUBJECT TO Ingress and egress easements as shown on recorded plat.
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 18, 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
85 2nd Avenue, Suite 1
Dayton, Tennessee 37321
(423) 570-0506

Published:                     
    The Polk County News
           June 18, 2014
           June 25, 2014
           July 2, 2014    
   
NOTICE OF SUBSTITUTE TRUSTEE’S SALE


WHEREAS, by Deed of Trust dated September 14, 2006, CHARLES M. WOODY and PAUL MCCLARY did convey in trust to Title Insurance Company, Trustee certain tract of land to secure payment of a debt in the principal sum of $76,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 343, Page 173 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 Note was modified as more particularly set forth in that Modification Agreement dated March 1, 2011 and recorded November 14, 2011 in Trust Book 426, Page 402 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; and
WHEREAS, by instrument recorded June 16, 2014 in Miscellaneous Book  150, Page 430 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 1:20 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: 
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE
BEING LOTS One (1) containing 5.37 acres; TWO (2) containing 5.33 acres; THREE (3) containing 6.86 acres; and NINETEEN (19) containing 5.82 acres of the Jimmy F. Mayfield property as shown by plat of record in Plat Book 11, Page 68 et seq., in the Register’s Office of Polk County, Tennessee to which reference is herein made.
SUBJECT TO the following restrictive covenants which shall run with the land:
1.    No single wide mobile homes are allowed
2.    Double wide mobile homes are allowed with a minimum of 1,200 square feet and shall be on a foundation.
3.    No junk yards of any kind are permitted.
4.    Only one livestock per one acre is permitted.
Being the same property conveyed to Grantors by Deed Recorded in Deed Book 246, Page 490 et seq., in the Register’s Office of Polk County, Tennessee
SUBJECT to any governmental zoning and/or subdivision ordinance or regulation in effect thereon.
SUBJECT to easement to the State of Tennessee as set out in that instrument of record in Deed Book 187, page 303 in the Register’s Office of Polk County, Tennessee.
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 18, 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.
ndrew 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 18, 2014
           June 25, 2014
           July 2, 2014    
   
NOTICE OF SUBSTITUTE TRUSTEE’S SALE


WHEREAS, by Deed of Trust dated December 22, 2006, CHARLES M. WOODY and PAUL MCCLARY did convey in trust to Title Insurance Company, Trustee certain tract of land to secure payment of a debt in the principal sum of $130,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 350, Page 60 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 June 16, 2014 in Miscellaneous Book  150, Page 428  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 1:40 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: 
LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE
Lot One (1) Burgess Mull Road Property as shown by plat of record in Plat Book 11, Page 96 et seq., in the Register’s Office of Polk County, Tennessee.
TOGETHER WITH fifty (50) foot Access and Utility Easement as shown on recorded plat.
BEING part of the same real estate conveyed to David Burgess by Warranty Deed from Benton Manufacturing Company, Inc. dated November 22, 2005 and recorded in Deed Book 241, Page 204 et seq., in the Register’s Office of Polk County, Tennessee.
SUBJECT TO any governmental zoning and or subdivision ordinance or regulation in effect thereon.
SUBJECT TO twenty (20) foot drainage and utility easement on street lot lines as noted on recorded plat.
SUBJECT TO ten (10) foot drainage and utility easement on exterior lot lines as noted on recorded plat.
SUBJECT TO five (5) foot drainage and utility easement on interior lot lines as noted on recorded plat.
SUBJECT TO building setback lines as shown on recorded plat.
SUBJECT TO all notes, drainage and or utility easements, and building setback lines as set out on recorded plat.   
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 18, 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.
ndrew 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 18, 2014
           June 25, 2014
           July 2, 2014    
   
NOTICE OF SUBSTITUTE TRUSTEE’S SALE


WHEREAS, by Deed of Trust dated January 2, 2009, CHARLES M. WOODY and PAUL MCCLARY did convey in trust to Title Insurance Company, Trustee certain tract of land to secure payment of a debt in the principal sum of $225,000.00 (the “Original Note”), payable to FIRST BANK OF TENNESSEE, of record in Trust Book 349, Page 348 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 June 16, 2014 in Miscellaneous Book 150, Page 431 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 1:10 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
045-028.16/028.17/028.18
TRACT ONE:
BEGINNING at an iron pin located in the Southeast line of US Highway 411 at the original Northernmost point of the property conveyed to Woody in DB 212, Page 659; THENCE South 65 degrees 27 minutes 35 seconds East, 458.53 feet; THENCE South 31 degrees 45 minutes 18 seconds West, 150.59 feet; THENCE North 61 degrees 36 minutes 10 seconds West, 491.32 feet; THENCE along the line of US Highway 411, North 48 degrees 2 minutes 17 seconds East, 126.87 feet to an iron pin, the point of Beginning.
TRACT TWO:
BEGINNING at an iron pin marking the intersection with the Southeast line of US Highway 411 with the Southeast line of Welcome Valley Road; THENCE along the line of US Highway 411 North 48 degrees 2 minutes 17 seconds East 27.17 feet to an iron pin; THENCE along the line of Tract One above described, South 61 degrees 36 minutes 10 seconds East, 491.32 feet; THENCE South 31 degrees 45 minutes 18 seconds, 150.59 feet to an iron pin; THENCE North 58 degrees 23 minutes 51 seconds West, 475.03 feet to an iron pin; THENCE along the line of Welcome Valley Road, North 18 degrees 23 minutes 00 seconds East, 99.70 feet to the beginning point.
TRACT THREE:
BEGINNING at an iron pin marking the original Southwest corner of property conveyed to Woody in DB 212, Page 659, said point being in the Southeast line of Welcome Valley Road; THENCE along the line of Welcome Valley Road, North 18 degrees 23 minutes 00 seconds East, 126.87 feet to an iron pin; Thence along the line of Tract 2 above described, South 58 degrees 23 minutes 51 seconds East, 475.03 feet to an iron pin, THENCE South 31 degrees 45 minutes 18 seconds West, 150.59 feet to an iron pin; THENCE North 54 degrees 55 minutes 11 seconds West, 446.44 feet to the BEGINNING POINT.
THERE IS ALSO CONVEYED a 50 foot access easement beginning at the Southwest corner of Tract 3 herein conveyed: THENCE South 54 degrees 55 minutes 11 seconds East, 52.20 feet to an iron pin; THENCE South 18 degrees 23 minutes 0 seconds West, 144.69 feet; THENCE North 56 degrees 26 minutes 44 seconds West, 51.81 feet, to the line of Welcome Valley Road; THENCE along the line of Welcome Valley Road, North 18 degrees 23 minutes 0 seconds East, 146.13 feet to the beginning point. All tracts being shown by survey of Jimmy L. Richmond, TRLS #917 styled “Welcome Valley Crossing” dated 4/17/2001.
Being the same property conveyed to Massengill Tire Company, Inc. by Warranty Deed from Linda J. Woody and husband, Michael Woody and Oakley Woody and wife, Sue Woody dated June 18, 2001 and recorded in Deed Book 218, page 88 in the Register’s Office of Polk County, Tennessee.
SUBJECT to any governmental zoning and/or subdivision ordinance or regulation in effect thereon.
SUBJECT to easement to the State of Tennessee as set out in that instrument of record in Deed Book 187, page 303 in the Register’s Office of Polk County, Tennessee.
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 18, 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 18, 2014
           June 25, 2014
           July 2, 2014    
   
IN THE PROBATE DIVISION OF THE CHANCERY COURT
FOR POLK COUNTY, TENNESSEE

IN THE MATTER OF THE ESTATE OF:
MARIE E. WILLIAMS (deceased) No.: 2014-PR-27

NOTICE TO CREDITORS

Notice is hereby given that on the 16th day of June, 2014, Letters Testamentary in respect of the estate of Marie E. Williams, deceased, who died October 22, 2013, were issued to the undersigned by the Chancery Court (Probate Division) 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 Chancery 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.

Mildred Groves
Petitioner

Douglas N. Blackwell, BPR #19298
623 Broad Stree, PO Box 1455
Cleveland, TN 37362
(423) 472-3000 / (423) 472-4533 (fax)

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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
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