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2008
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PUBLIC AUCTION

COURT ORDERED PROPERTY SALE

POLK COUNTY CHANCERY COURT


SATURDAY, OCTOBER 25, 2008 AT 10:00 A.M.

Sale location: On the premises in BENTON, TENNESSEE


The PROPERTY located at: 146 MINNIE LANE


In compliance with an Order of the Chancery Court of Polk County, Tennessee, Probate Division, entered August 8, 2008, in the case of The Estate of Minnie L. Jenkins, Docket No. P-787, the following tract of land located in the First Civil District of Polk County, Tennessee will be sold at PUBLIC AUCTION to the highest bidder.

Situated in the First District, being the Old Third District of Polk County, Tennessee, and being more particularly described as follows, to-wit:

Beginning in the Southeast corner of lands owned by Johnny Bramlett at a steel stake; thence in an easterly direction along and with the Taylor line a distance of 210 feet to another steel stake; thence in a northerly direction a distance of 420 feet to another steel stake corner; thence in a westerly direction a distance of 210 feet to another steel stake set in the east line of lands of Bramlett; thenc ein a southerly direction along and with the Bramlett line a distance of 420 feet to the point of beginning. Being a rectangular strip of land 210 feet wide and 420 feet long bounded on the west of lands of Bramlett, on the north and east of other lands of Jim Brock, and on the south by lands of Taylor, containing two acres.

For prior conveyance, see Deed fro Jim Brock to Minnie Lou Jenkins, dated January 6, 1973, and recorded in WD Book 77, Page 364, in the Register’s Office of Polk County, Tennessee.

Subject to any easements and restrictions of record.

Subject to any unpaid real property taxes.


TAX ID NO: Map 065 Parcel 043.01


The terms for the sale are ten (10%) percent of the purchase price to be paid the day of the sale by cash (certified check, cashier’s check, or personal check with bank letter or guaranty) with the balance to be paid in full upon confirmation of the sale by the Court and delivery of the Clerk and Master’s Deed. The ten (10%) percent deposit shall be retained as liquidated damages in the event the highest bidder is unable to comply with the terms of sale. In such event, the next highest bid will be accepted.

The final terms will be announced prior to the sale and all terms and conditions announced at the sale shall take preference over any prior representations.


This the 1st day of October, 2008


Kimberly A. Ingram

Special Commissioner


Barrett Painter, Attorney for the Estate

To Run: October 8, October 15 and October 22, 2008

TRUSTEE'S SALE


WHEREAS, by Trust Deed dated the 8th day of August, 2006, the 31st day of August, 2006 and the 22nd day of January 2007 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Notes duly incorporated in said Trust Deeds by reference and said Trust Deeds were duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 340, page 430; Trust Book 342, page 398 and Trust Book 350, page 407;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 7th day of November, 2008, at 10:20 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

TRACT ONE:

BEING LOT NINE (9), SAVANNAH PLACE as shown by plat of record in Plat Book 9, page 91 Register’s Office of Polk County, TN.

SUBJECT to restrictions in MB 109/115.

SUBJECT to easements and setbacks set out on recorded plat.

SUBJECT To conditional sewer easement in DB 151/144 and DB 162/335.

SUBJECT to Consent to Installation recorded in TB 275/158, if applicable.

Being the property conveyed to Jonathan McCann by deed of record in DB 246, Page 137, ROPCT.

TRACT TWO:

BEING LOT TEN (10), SAVANNAH PLACE as shown by plat of record in Plat Book 9, page 91 Register’s Office of Polk County, TN.

SUBJECT to restrictions in MB 109/115.

SUBJECT to easements and setbacks set out on recorded plat.

SUBJECT To conditional sewer easement in DB 151/144 and DB 162/335.

SUBJECT to Consent to Installation recorded in TB 275/158, if applicable.

Being the property conveyed to Jonathan McCann by deed of record in DB 246, page 137, ROPCT.

Being Tax Map Nos. 35N-B-24.09 and 35N-B-24.10.

The street addresses are believed to be  117 Benjamin Place, Benton, TN and 113 Benjamin Place, Benton, TN

OTHER INTERESTED PARTY(IES):  As to Lot 10, Benjamin Place, Benton, TN. Ace Refrigeration, LLC, 1600 Foust Street, Chattanooga, TN 37404.

The title to said real estate is believed good, but I will convey as 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 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.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.


WITNESS my hand this 3rd day of October, 2008.


DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141


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


To be Run on: 10/8/08; 10/15/08 and 10/22/08.


TRUSTEE'S SALE


WHEREAS, by Trust Deed dated the 26th day of January, 2007 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 351, Page 104;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 7th day of November, 2008, at 10:30 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

TRACT ONE:

BEING LOT THIRTY-SEVEN (37), SAVANNAH PLACE as shown by plat of record in Plat Book 9, page 91 Register’s Office of Polk County, TN.

SUBJECT to restrictions in MB 109/115.

SUBJECT to easements and setbacks set out on recorded plat.

SUBJECT To conditional sewer easement in DB 151/144 and DB 162/335.

SUBJECT to Consent to Installation recorded in TB 275/158, if applicable.

Being the property conveyed to Jonathan McCann by deed of record in DB 249, page 147, ROPCT.

TRACT TWO:

BEING LOT FIVE (5), SAVANNAH PLACE as shown by plat of record in Plat Book 9, page 91 Register’s Office of Polk County, TN.

SUBJECT to restrictions in MB 109/115.

SUBJECT to easements and setbacks set out on recorded plat.

SUBJECT To conditional sewer easement in DB 151/144 and DB 162/335.

SUBJECT to Consent to Installation recorded in TB 275/158, if applicable.

Being the property conveyed to Jonathan McCann by deed of record in DB 249, page 149, ROPCT.

Being Tax Map Nos. 35N-B-24.05 and 35N-B-24.37.

The street addresses are believed to be  133 Benjamin Place, Benton, TN and 182 Claire Street, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as 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 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.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.


WITNESS my hand this 3rd day of Octber, 2008.


DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

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


To be Run on: 10/8/08; 10/15/08 and 10/22/08.


TRUSTEE'S SALE


WHEREAS, by Trust Deed dated the 10th day of January, 2007 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 350, Page 30;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned  Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 7th day of November, 2008, at 10:10 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

BEGINNING at a point in the Southeast line of Pleasant Grove Road; and said point being located 150 feet in a Northeasterly direction from where the Northwest corner of Hale Property intersects the Southeast line of Pleasant Grove Road; thence North 26E 10' East, 127 feet along the Southeast line of Pleasant Grove Road to a point; thence South 72E 45' East, 289.5 feet to a point; thence South 24E 43' West 173 feet to a point; thence North 63E 35' West, 290.4 feet to the point of beginning.

SUBJECT to a 20' non-exclusive perpetual driveway easement as described in DB 119/312, ROPCT.

SUBJECT to Volunteer Co-Op easements as shown on survey of Richmond Surveying Co., dated 6-27-90.

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

Being the property conveyed to Jonathan McCann by deed of record in DB 249, page 27, ROPCT.

Being Tax Map Nos. 36 Parcel 26.04..

The street addresses are believed to be : 210 McClure Rd, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as 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 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.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

WITNESS my hand this 3rd day of October, 2008.


DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

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

To be Run on: 10/8/08; 10/15/08 and 10/22/08.


TRUSTEE'S SALE


WHEREAS, by Trust Deed dated the 23rd day of August, 2006 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 341, Page 311;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 7th day of November, 2008, at 10:00 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit

BEGINNING at an iron pin located in the South line of Bowman and Beard and being located North 72E 45' East 489.5 feet from the East line of Old Etowah Road; thence from the beginning point, South 79E 21' East, 235.8 feet to an existing iron pin located in the center line of a ditch; thence Southerly along the center line of said ditch 286 feet more or less to a point; thence North 63E 35' West, 203 feet, more or less to an existing iron pin; thence North 24E 43' East 323 feet to the beginning point. Said tract being a portion of the real estate shown by survey of Neal Sanders, TRLS #28 dwg no. 5460 and dated February 1985.

Also conveyed herewith is the right to use a 20' improved driveway easement crossing the property of Gary Waters Northwesterly to Pleasant Grove Road.  Grantee shall share pro rata in the maintenance and upkeep of said easement.

Being the property conveyed to Jonathan McCann by deed of record in DB 246, page 270, ROPCT.

Being Tax Map Nos. 36 Parcel 26.00

The street addresses are believed to be : 190 McClure Rd, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as 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 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.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

WITNESS my hand this 3rd day of October, 2008.


DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141


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


To be Run on: 10/8/08; 10/15/08 and 10/22/08.


BID NOTICE


The Polk County Sheriff’s Department is accepting sealed bids for leasing two patrol cars. Contact Joe Price at 338-8215, for specifications. Bids must be received at the Polk County Executive’s office by Noon October 16, 2008. We reserve the right to reject any and all bids.


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 Benton Courthouse on Monday, the 27th  day of October, 2008 at 9:00 A.M. and at the Ducktown Courthouse on the 27th day of October, 2008 at 1:00 P.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 Steve Harbison, and the foreman for the Ducktown area is David Beckler.


CONNIE CLARK

CLERK OF COURTS




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