SERVICE BY PUBLICATION NOTICE
TO: DONNA THOMAS MAXWELL
and PAYTON KEYL MAXWELL
EAST TENNESSEE ORAL SURGERY
Plaintiff
vs.
DONNA THOMAS MAXWELL and
PAYTON KEYL MAXWELL
Defendant(s)
DOCKET NO. 20398 H
IN THE GENERAL SESSIONS COURT OF
KNOX COUNTY, TENNESSEE
In this cause, it appearing from the Civil Warrant filed on sworn account against the Defendants, Donna Thomas Maxwell and Payton Keyl Maxwell, non-residents of the State of Tennessee, or whose whereabouts cannot be ascertained upon diligent search and inquiry, so that the ordinary process of law cannot be served upon them it is ordered Defendants file a Response on or before May 29, 2013 with the Clerk of the General Sessions Court of Knox County at Knoxville, Tennessee and with John TYLER ROPER, Plaintiff's Attorney 713 Market Square, Suite 120, Knoxville, Tennessee 37902 within thirty (30) days of the last date of publication or a judgment by default will be entered against you and the cause set for hearing ex parte before the General Sessions Court of Knox County, Tennessee. This notice will be published in The Advocate & Democrat, Sweetwater, Tennessee for four consecutive weeks. Catherine F. Quist, General Sessions Court Clerk Knox County, Tennessee 4/28, 5/5, 5/12, 5/19/2013
NOTICE OF FORECLOSURE AND SALE
Default having been made in the payment of installments due on the note from LISA MARIE CAMPBELL payable to Athens Federal Community Bank, which note is secured by a certain Deed of Trust referenced herein, dated the 28th day of December, 2005, executed by LISA MARIE CAMPBELL and of record in the Register's Office of Monroe County, Tennessee in Trust Book B-22, Pages 123-138, to which reference is hereby made, and the holder of the note in question having declared all debt, principal, interest, and attorney's fees, immediately due and payable, notice is hereby given that on the 11th day of June, 2013, at 10:15 a.m. at the front door of the Courthouse for Monroe County, Tennessee, at Madisonville, Tennessee, the undersigned Substitute Trustee, on behalf of Athens Federal Community Bank, the holder of the note in question, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises: SITUATED in the First Civil District of Monroe County, Tennessee, within the Corporate Limits of the City of Sweetwater, lying on the South side of South Oak Street and being more particularly described as follows: BEGINNING at a nail and cap set in the South side of South Oak Street where same is intersected by the centerline of a concrete driveway, said nail and cap being 418.2 feet West-Southwest of the intersection with Cullum Street, and marking the North corner of the lot herein conveyed; FROM SAID POINT OF BEGINNING with the Emma Lee Tennyson property (Deed Book 191, Page 682) South 21 degrees 48 minutes East 246.0 feet to a point in the centerline of Sweetwater Creek; thence up stream with the centerline of the creek South 62 degrees 15 minutes West 58.38 feet to a point; thence leaving the creek and running with the Marie Beamer property (Deed Book 189, Page 566) North 21 degrees 58 minutes West 252.4 feet to an iron pin set in the South side of Oak Street; thence with Oak Street North 58 degrees 32 minutes East 58.8 feet to the POINT OF BEGINNING. CONTAINING 0.33 ACRE, more or less, according to that Survey of William W. Roberts, TN RLS No. 510, Athens, Tennessee 37303, dated 2-18-93 and being Drawing No. 90-397-A. A copy of said survey is recorded in Deed Book 210, Pages 406-409. SUBJECT to any setback lines, drainage and/or utility easements and conditions and limitations depicted and/or noted on or attached to the plat of record in Plat Cabinet B, Slide 22, in the Register's Office for Monroe County, Tennessee, and/or the above referenced survey. THERE IS CONVEYED HEREWITH AND THIS CONVEYANCE IS SUBJECT to a perpetual joint use of the common driveway lying on both sides of the property line with Tennyson for purposes of ingress and egress to the respective lots of each; same being more fully set out in that unrecorded Joint Usage Driveway Agreement dated February 22, 1993, and described in prior deeds of record in Deed Book 198, Page 209 and Deed Book 164, Page 137, in the said Register's Office. Also, the survey recorded in Deed Book 210, Pages 406-409, in the said Register's Office, depicts a common driveway. BEING the same property conveyed to Lisa Campbell by Warranty Deed from Julie L. Walker and husband, Russell Robert Walker, same dated December 20, 2005 and recorded in Deed Book 308, Pages 432-433, Register's Office, Monroe County, Tennessee. PROPERTY ADDRESS: 309 S. Oak St., Sweetwater, TN 37874. SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable. OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable. No warranties are made as to the merchantability of title of said real property, which property is being sold, "where is, as is", subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not. The Substitute Trustee herein makes no representations or warranties as to status of title or description of this property. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute 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 Substitute Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property. The sale held pursuant to this Notice may be rescinded at the Substitute 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, from time to time, as needed at the sole discretion of the Substitute Trustee. This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt.
BRIDGET J. WILLHITE, Substitute Trustee
Carter, Harrod & Willhite, PLLC
P.O. Box 885
Athens, TN 37371-0885
5/19, 5/26, 6/2/2013
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed the 20th day of November, 2006 by Charles E. Jones, Sr. And Peggy J. Jones, husband and wife, and Charles Rondale Jones, single, to Judy H. Mills, Trustee, as same appears of record in the office of the Register of Deeds for Jefferson County, Tennessee in Book L-24, Page 388, the undersigned having been appointed Substitute Trustee, and the lawful owner of the debt secured, Foothills Federal Credit Union, having requested the undersigned to advertise and sell the property described and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will on the 7th of June, 2013 commencing at Ten O'Clock (10:00 a.m.) at the front steps of the Monroe County Courthouse, 105 College St., Madisonville, Monroe County, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, to be paid in full by certified funds within Twenty-Four Hours of the time of the sale, the following described property: SITUATED in the First (1st) Civil District of Monroe County, Tennessee, and being Lot 2 of the Final Plat of Charles Jones Raby Road Property and containing 1.00 acre, being more particularly described as shown on plat recorded in Small Plat Book 6 at Page 521 in the Register's Office for Monroe County, Tennessee, to which plat specific reference is heremade. Property is improved with a 1994 Horton H10 mobile home bearing serial #H1040426. Being the same property conveyed to Charles E. Jones, Sr. and wife, Peggy J. Jones and Charles Rondale Jones by quitclaim deed from Charles E. Jones and wife, Peggy J. Jones of record in Deed Book 317, Page 668, Register's Office for Monroe County, Tennessee. Tax Map 008 Parcel 029 Property address: 519 Raby Road, Sweetwater, TN 37874. This conveyance is made subject to applicable restrictions, building setback lines and all existing easements of record. Subject to the rights, if any, of any tenants or other occupants in possession of this property. Subject to unpaid taxes, any prior liens or encumbrances, leases, easements and all other matters which take priority over the deed of trust under which this foreclosure sale is conducted, including, but not limited to, the priority of any fixture filing. All right and equity of redemption, homestead and dower are waived in said Deed of Trust and the undersigned will sell and convey only as Substitute Trustee. This sale is without warranty of any kind and is further subject to the right of any tenants or other parties or entities in possession of the property. The right is reserved to adjourn 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 Substitute Trustee reserves the right to rescind the sale for any reason. OTHER INTERESTED PARTIES: Monroe County Trustee, Monroe County Clerk and Master, University Anesthesia, Christy Jones
TODD J. MOODY
Substitute Trustee
900 South Gay St, Ste 2100
Knoxville, TN 37902 5/5, 5/12, 5/19/2013
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
WHEREAS, by Deed of Trust dated November 2, 2005, filed for record in Book U-21, page 103, in the Monroe County Register of Deeds Office (the "Deed of Trust"), John A. Eichenberger and Theresa A. Eichenberger, husband and wife, did convey in trust to T. Mike Estes, Trustee for Farm Credit Services of Mid-America, FLCA, certain real estate hereinafter described, to secure the payment of the principal sum of $106,250.00, evidenced by a certain Promissory Note, said instruments being incorporated herein by reference; and WHEREAS, by instrument recorded in Book M231, page 43, in the Monroe County Register of Deeds Office, Farm Credit Services of Mid-America, FLCA, the owner and holder of said indebtedness, appointed James E. Bondurant, Jr., as Substitute Trustee; and WHEREAS, Farm Credit Services of Mid-America, FLCA changed its name to Farm Credit Mid-America, FLCA, effective on January 31, 2013; and WHEREAS, default has been made in the Deed of Trust and Farm Credit Mid-America, FLCA the owner and holder of the Note has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose the Deed of Trust in accordance with its terms and provisions. NOW, THEREFORE, by the authority vested in me as Substitute Trustee under the Deed of Trust, I will on the 23rd day of May, 2013, at 11:00 a.m. EST at the main front entrance of the Monroe County Courthouse, located in Madisonville, Tennessee, offer for sale and sell at public auction to the highest bidder for cash, and in bar of the statutory right of redemption, the equity of redemption and in bar of all homestead and dower rights, all of which are waived in said Deed of Trust, the property therein conveyed, which is more particularly described as follows: LYING AND BEING in the Fourth Civil District of Monroe County, Tennessee, and as shown on plat drawing by Paul Lingerfelt, Registered Land Surveyor, No. 771, 109 County Road 325, Sweetwater, TN 37874. Said plat being Drawing No. 98088 dated 4-28-98, survey made for Jason Campbell and wife, Jennifer Campbell and recorded in Cabinet D, Slide 20 in the Register's Office for Monroe County, Tennessee, and being more particularly described as follows: BEGINNING at a metal fence post on the Northern side of County Road No. 708, corner with Ray Best being 0.5 miles to County Road 709; thence running from said metal post and with County Road 708, the following calls and distances: South 45 degrees 50 minutes West 87.4 feet; South 50 degrees 20 minutes West 63.7 feet; South 52 degrees 35 minutes West 64 feet; South 53 degrees 44 minutes West 64.3 feet; South 54 degrees 44 minutes West 62.5 feet; South 56 degrees 07 minutes West 75.8 feet; South 54 degrees 06 minutes West 58.7 feet; South 52 degrees 19 minutes West 55.5 feet South 51 degrees 05 minutes West 68.9 feet; South 51 degrees 05 minutes West 96.4 feet; South 54 degrees 08 minutes West 56.7 feet; South 54 degrees 75 minutes West 47.9 feet; South 50 degrees 38 minutes West 59 feet; South 48 degrees 03 minutes West 100.1 feet to a set iron 1/2 inch rebar in the edge of County Road 708; thence leaving County Road and running with the line of Eugene Best the following calls and distances: North 12 degrees 30 minutes East 140.5 feet to the center of a branch; thence running the center of the branch the following calls and distances: South 75 degrees 09 minutes West 39.4 feet; North 44 degrees 44 minutes West 13.7 feet; South 61 degrees 49 minutes West 18 feet; South 14 degrees 35 minutes West 38.4 feet; North 68 degrees 22 minutes West 24.1 feet; South 33 degrees 55 minutes West 42.9 feet; North 58 degrees 55 minutes West 36.3 feet; North 78 degrees 37 minutes West 23.2 feet; South 55 degrees 06 minutes West 24.5 feet; South 22 degrees 22 minutes West 27.7 feet; North 41 degrees 51 minutes West 22.9 feet; South 88 degrees 20 minutes West 100.4 feet; South 42 degrees 36 minutes West 21.7 feet; North 49 degrees 42 minutes West 30.9 feet; South 21 degrees 36 minutes West 43.3 feet; South 87 degrees 45 minutes West 20.4 feet; South 39 degrees 25 minutes West 16 feet; South 79 degrees 12 minutes West 24.1 feet; South 28 degrees 37 minutes West 69.6 feet; South 55 degrees 56 minutes West 54.3 feet; South 08 degrees 16 minutes West 65.2 feet; South 76 degrees 26 minutes West 45.7 feet; South 35 degrees 12 minutes West 11.8 feet to a point in the center of the creek; thence leaving the center of the creek and running with the line of Frederick Davis the following calls and distances: North 36 degrees 06 minutes West 311 feet to a six inch pine; thence North 37 degrees 21 minutes West 254.4 feet to a metal fence post; thence North 33 degrees 39 minutes West 174.3 feet to a twelve inch pine; thence North 03 degrees 00 minutes East 122 feet to a sixteen inch chestnut oak; thence North 13 degrees 59 minutes East 85.5 feet to a ten inch oak; thence North 11 degrees 49 minutes East 78.9 feet to a set iron pin; thence North 85 degrees 41 minutes East 35.4 feet to a found iron pin; thence North 85 degrees 41 minutes East 35.4 feet to a found iron pin; thence North 81 degrees 19 minutes East 398 feet to a found iron pin; thence North 80 degrees 05 minutes East 201.8 feet to an eight inch oak; thence North 54 degrees 26 minutes East 385.9 feet to a point; thence North 66 degrees 53 minutes East 274.4 feet to a found iron pin; thence North 78 degrees 33 minutes East 141.6 feet to a four inch hickory; thence North 69 degrees 52 minutes East 69.4 feet to a set iron pin, corner with Luedemann, Ray Best and Flying E. Estates; thence running from set iron pin and with the line of Ray Best, South 25 degrees 12 minutes East 663.8 feet to a metal fence post on the Western edge of County Road 708, and being the point of beginning, said property containing 28.98 acres. Said property subject to any and all rights of way, easements and/or other restrictions that may exist, specifically including the right of way for County Road 708. BEING the same property conveyed to Jon A. Eichenberger and wife, Theresa A. Eichenberger by Warranty Deed from Jason D. Cambell and wife, Jennifer Campbell dated November 2, 2005, and recorded in Book 306, page 829 in the Monroe County Register of Deeds Office. The address of the above described property is on or about 650 Ballplay School Road, Tellico Plains, Tennessee 37385; this property is further identified as CLT#106-016.01. The above-described property will be sold subject to any and all unpaid taxes, restrictions, easements and building setback lines, and to any prior or superior liens, judgments or Deeds of Trust. The proceeds of the sale will be applied in accordance with the terms and provisions of the above-named Deed of Trust. Said sale is being made upon the request of Farm Credit Mid-America, FLCA, the owner and holder of the indebtedness secured by said Deed of Trust, due to the failure of the makers to comply with all provisions of the Deed of Trust. Other parties interested as defined by Tennessee statutes and to whom the Substitute Trustee has given notice of the sale include the following: John A. Eichenberger, aka Jon A. Eichenberger and Theresa A. Eichenberger. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute 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.
JAMES E. BONDURANT,JR.
SUBSTITUTE TRUSTEE
CROLEY, DAVIDSON & HUIE, PLLC
800 S. Gay Street, Suite 1700
Knoxville, TN 37929
(865) 523-0209
(130129) 5/1, 5/8, 5/15/2013
NOTICE OF FORECLOSURE AND SALE
Default having been made in the payment of installments due on the note from TERRY D. ARWOOD and wife, CATHERINE ARWOOD, payable to CITIZENS NATIONAL BANK, which note is secured by a certain Deed of Trust referenced herein, dated the 25th day of October, 2008, executed by TERRY D. ARWOOD and wife, CATHERINE ARWOOD, and of record in the Register's Office of Monroe County, Tennessee in Trust Book A-27, Pages 399-405, which Deed of Trust was modified by a Modification Agreement of record in the said Register's Office in Trust Book Z-27, Pages 378-379, to which reference is hereby made, and the holder of the note in question having declared all debt, principal, interest, and attorney's fees, immediately due and payable, notice is hereby given that on the 23rd day of May, 2013, at 12:15 p.m. at the front door of the Courthouse for Monroe County,Tennessee, at Madisonville, Tennessee, the undersigned Substitute Trustee, on behalf of Citizens National Bank, the holder of the note in question, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises:SITUATED in the Third Civil District of Monroe County, Tennessee, BEING APPROXIMATELY 6.71 ACRES lying off the East side of County Road 321 (Hull Road) and connected thereto by a 50' wide Right-of-Way Easement, both as depicted on that Survey recorded in Plat Cabinet G, Slide 87, in the Register's Office, Monroe County Tennessee. The 6.71 acres is more particularly described as follows:TO FIND THE POINT OF BEGINNING, START at an iron rod in the East side of County Road 321, same marking the Southwest corner of Lot 1, and the Northwest corner of Lot 2 of the James Hargett Property (Cab. E, Slide 170), and also marking the Northwest corner of the Easement for the property conveyed herein; thence proceed along Lot 1 North 89 degrees 22 minutes 04 seconds East 235.81 feet to an iron rod interior corner. and North 00 degrees 46 minutes 01 second West 100.00 feet to an axle; thence with property of George Arwood (Deed Book 143, Page 761) as follows: North 00 degrees 00 minutes 00 seconds East 15.00 feet to an iron rod corner, North 89 degrees 47 minutes 00 seconds East 215.75 feet to an iron rod corner, South 55 degrees 58 minutes 00 seconds East 333.82 feet to an iron rod corner, and North 77 degrees 38 minutes 00 seconds East 198.83 feet to an iron rod marking the Southwest corner of the 6.71 acres conveyed herein; FROM SAID POINT OF BEGINNING continuing with the George Arwood property (Deed Book 143, Page 761) as follows: crossing the 50' Easement North 26 degrees 19 minutes 00 seconds East 72.55 feet, continuing North 26 degrees 19 minutes 00 seconds East 332.58 feet to a 14 inch cedar corner, North 87 degrees 53 minutes 00 seconds East 319.60 feet to a 24 inch oak, and North 35 degrees 10 minutes 07 seconds East 515.08 feet to an iron rod corner; thence with the Darlene Harris property (Deed Book 325, Page 547) South 02 degrees 52 minutes 20 seconds East 148.02 feet to a stone; thence with the Mark Ward property (Deed Book 103, Page 116) South 01 degree 41 minutes 40 seconds West 392.47 feet to an iron rod corner, thence along a severance line with a 9.1 acre Tract South 73 degrees 31 minutes 47 seconds West 502.41 feet to a 42" hickory; thence with the Doran Arwood property (Plat Cab. D, Slide 22) South 69 degrees 53 minutes 00 seconds West 329 80 feet to the POINT OF BEGINNING.THIS PROPERTY CONTAINS 6.71 ACRES according to the recorded Plat in Plat Cabinet G, Slide 87. SUBJECT to any setback lines drainage and/or utility easements, conditions and limitations, if any, all as shown on the plat of record in the Register's Office for Monroe County, Tennessee, in Plat Cabinet G, Slide 87, and the prior plats of record in Plat Cabinet G, Slide 50 and Plat Cabinet D, Slide 22. THERE IS CONVEYED HEREWITH, AND THIS CONVEYANCE IS SUBJECT TO, THE JOINT USE OF THE 50' RIGHT-OF-WAY for ingress and egress across the Doran Arwood property (Plat Cab. D, Slide 22) and the George Arwood property (Deed Book 143 Page 761). This 50' Easement is more particularly described as follows:BEGINNING at an iron rod marking the Southeast corner of Lot 1 and the Northeast corner of Lot 2 of the James Hargett property (Plat Cab. E, Slide 170), said iron pin also marking the Northwest comer of the 50' Easement described herein; FROM SAID POINT OF BEGINNING through the Doran Arwood property (Plat Cab. D, Slide 22) North 22 degrees 54 minutes 14 seconds East 125.03 feet; thence through the George Arwood property (Deed Book 143, Page 761) as follows: continuing North 22 degrees 54 minutes 14 seconds East 54.37 feet to an iron rod corner, North 89 degrees 47 minutes 00 seconds East 159.81 feet to an iron rod corner, South 55 degrees 58 minutes 00 seconds East 342.68 feet to an iron rod interior corner, North 77 degrees 38 minutes 00 seconds East 174.01 feet to an iron rod, and North 69 degrees 53 minutes 00 seconds East 49.18 feet to the West side of the 6.71 acre Tract; thence with the 6.71 acre Tract, South 26 degrees 19 minutes 00 seconds West 72.55 feet to an iron rod comer; thence with Doran Arwood properties (Plat Cab. E, Slide 22) as follows: South 77 degrees 38 minutes 00 seconds West 198.83 feet to an iron rod corner, North 55 degrees 58 minutes 00 seconds West 333.82 feet to an iron rod corner, South 89 degrees 47 minutes 00 seconds West 111.38 feet to an iron rod interior corner, South 22 degrees 54 minutes 14 seconds West 179.16 feet to an iron rod corner, and South 89 degrees 21 minutes 51 seconds West 32.47 feet to the East side of Lot 2 (Cab. E, Slide 170); thence with the East side of Lot 2 North 00 degrees 46 minutes 01 second West 50 feet to the POINT OF BEGINNING. BEING THE EASEMENT created by the Declaration of Right of Way Agreement recorded in Misc. Book 195, Pages 803-805 (Note:This Declaration provides for ingress and egress only; it does not provide for utility lines). THERE IS FURTHER CONVEYED HEREWITH A 50' RIGHT-OF-WAY over, under and upon the North Half of Lot 2 of the James Hargett Property (Plat Cab. E, Slide 170), which North Half of Lot 2 was conveyed to Terry D. Arwood by Partition Deed with Doran L. Arwood, same dated August 29, 2008, and recorded in Deed Book 331, Pages 684-685. SUBJECT to the Well Agreement between Terry Arwood and wife, Catherine A. Arwood and Doran Arwood and wife, Princess K. Arwood, of record in the said Register's Office in Misc. Book 229, Pages 422-423. SUBJECT to the right-of-way conveyed to Terry D. Arwood in Deed Book 319, Pages 251-252, in the said Register's Office. SUBJECT to the right-of-way set out in the instrument of record in Deed Book 128, Page 479, in the said Register's Office. SUBJECT to restrictions recorded in Misc. Book 181, Page 748, and amended in Misc. Book 191, Page 173, in the said Register's Office.SUBJECT to the Driveway Agreement by and between George Arwood and wife, Charlotte Arwood; Terry Arwood and wife, Catherine A. Arwood; and Doran Arwood and wife, Princess K. Arwood, recorded in Misc. Book 195, Pages 806-808, in the said Register's Office. BEING PART of the property conveyed to Doran L. Arwood and Terry D. Arwood by Warranty Deed from Paulette Waters Arwood, same dated August 28, 1995, and recorded in Deed Book 226, Pages 74-76; AND INCLUDING THE NORTHERN PART of the property in which Doran Arwood and wife, Linda K. Arwood, conveyed their interest to Terry D. Arwood by Quitclaim Deed dated January 31, 2005, and recorded in Deed Book 303, Pages 218-219; both in the Register's Office, Monroe County, Tennessee. Also see the Release of Life Estate Interest of Paulette Waters Arwood from Deed Book 226, Page 74 is of record in the said Register's Office in Misc. Book 181, Page 567. PROPERTY ADDRESS: 6.71 acres located at 172 Hull Road, Madisonville, TN 37354. SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable. OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable. No warranties are made as to the merchantability of title of said real property, which property is being sold, "where is, as is", subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not. The Substitute Trustee herein makes no representations or warranties as to status of title or description of this property. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute 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 Substitute Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property. The sale held pursuant to this Notice may be rescinded at the Substitute 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, from time to time, as needed at the sole discretion of the Substitute Trustee. This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt. This the 26th day of April, 2013.
BRIDGET J. WILLHITE, Substitute Trustee 5/1, 5/8, 5/15/2013
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions and payment of the debts and obligations secured by a certain Deed of Trust dated 21 April 2006, executed by LARRY MASSENGILL and VIVIAN MASSENGILL, to Crossland Title, Inc. as Trustee for Mortgage Electronic Registration Systems Inc. as nominee for Decision One Mortgage Company, LLC ("DOMC"), of record in the Office of the Register of Monroe County, Tennessee, in Book M-22, Page 531; said Trust Deed, debts and obligations having been assigned by DOMC to HSBC Mortgage Services, Inc., by instrument recorded in said Register's Office in Book M223, Page 709, Instrument No. 12000653; and Richard J. Myers having been appointed as Substitute Trustee in an instrument of record in the aforesaid Register's office in Book M232, Page 448, Instrument No. 13001472, and the owner of the debt secured by said Deed of Trust, HSBC Mortgage Services, Inc., having required the undersigned to advertise and sell the property described therein conveyed, the entire indebtedness having been declared due and payable as provided in said Deed of Trust, the undersigned, RICHARD J. MYERS, will by virtue of the power and authority vested in him as Substitute Trustee, on Wednesday, 22 May 2013, commencing at TWELVE O'CLOCK NOON, on the front steps of the Monroe County Courthouse, 105 College Street, Madisonville, Tennessee, sell at public outcry to the highest and best bidder for cash, the following described property in Monroe County, Tennessee, to wit: LYING AND BEING IN THE FIRST CIVIL DISTRICT OF ROANE COUNTY, TENNESSEE NEAR THE TOWN OF SWEETWATER, THE SAME BEING LOT #14, IN FOREST HILLS, ACCORDING TO THE MAP OR PLAT OF SAID SUBDIVISION IN PLAT BOOK 1, PAGE 111, IN THE REGISTERS OFFICE FOR MONROE COUNTY, TENNESSEE TO WHICH REFERENCE IS HERE MADE. SUBJECT TO THE RESTRICTIVE COVENANTS AS ARE RECORDED IN MISC BOOK 36, PAGE 275 IN THE REGISTERS OFFICE FOR MONROE COUNTY, TENNESSEE TO WHICH REFERENCE IS HERE MADE. BEING THE SAME PROPERTY CONVEYED TO LARRY MASSENGILL AND WIFE, VIVIAN MASSENGILL FROM DICK R. MILLER AND WIFE, NINA F. MILLER BY WARR*ANTY DEED DATED APRIL 21, 2006, AND OF RECORD IN DEED BOOK 311, PAGE 713, IN THE REGISTERS OFFICE FOR MONROE COUNTY, TENNESSEE. Property Address: 352 Mahala Rd., Sweetwater,TN 37874 Interested Party: University of Tennessee Medical Center. At the time of this publication, 1) the ^ 35-5-117 notice of the right to foreclose was timely forwarded and 2) a search of the public records reveals no lien filed by the United States or the State of Tennessee which affects the above described property. The sale of the property described in said Deed of Trust shall be subject to any and all instrument of record, prior liens, encumbrances, deeds of trust, easements, restrictions, building lines, unpaid taxes, assessments, penalties and interest, if any. All right and equity of redemption, homestead, dower and all other exceptions are expressly waived in said Deed of Trust, and the title is believed to be good, but the Substitute Trustee will convey and sell only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day or time certain without further publication, upon announcement at the time for the above. Richard J. Myers, Substitute Trustee
Date: April 25, 2013
APPERSON CRUMP, PLC
6070 Poplar Avenue, Suite 600
Memphis, Tennessee 38119
(901) 756-6300 5/1, 5/8, 5/15/2013
NOTICE OF FORECLOSURE AND SALE
Default having been made in the payment of installments due on the note from DON HENRY payable to CITIZENS NATIONAL BANK, which note is secured by a certain Deed of Trust referenced herein, dated the 10th day of August, 2007, executed by DONALD L. HENRY, individually and DONALD L. HENRY, Trustee of the Donald L. Henry Trust Dated January 2, 2004, and of record in the Register's Office of Monroe County, Tennessee in Trust Book P-25, Pages 58-62, to which reference is hereby made, and the holder of the note in question having declared all debt, principal, interest, and attorney's fees, immediately due and payable, and Notice of the Right to Foreclose, if required, was given to the Borrowers pursuant to T.C.A. § 35-5-117, notice is hereby given that on the 23rd day of May, 2013, at 12:30 a.m. at the front door of the Courthouse for Monroe County, Tennessee, at Madisonville, Tennessee, the undersigned Substitute Trustee, on behalf of Citizens National Bank, the holder of the note in question, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises: SITUATED in the Second Civil District of Monroe County,Tennessee, BEING LOT 105, RARITY BAY SUBDIVISION, PHASE ONE, SECTION TWO, as depicted on plat of record in Plat Cabinet C, Slides 88 & 89, Register's Office, Monroe County, Tennessee. SUBJECT to any setback lines, drainage and/or utility easements and conditions and limitations depicted and/or noted on or attached to the plat of record in the Register's Office for Monroe County, Tennessee, in Plat Cabinet C, Slides 88 and 89. SUBJECT to Master Declaration of Covenants, Conditions and Restrictions for Rarity Bay Subdivision, Ph. I, Sec. 1, 2, 3 of record in Misc. Book 91, Pages 58-82, and Supplemental Restrictions of record in Misc. Book 94, Pages 438-439 and Misc. Book 98, Page 151, Register's Office, Monroe County, Tennessee. SUBJECT to By-Laws of Rarity Bay Community Association, Inc. of record in Misc. Book 192, Pages 481-521, and amended in Misc. Book 208, Pages 715-718; Misc. Book 210, Pages 631-633; Misc. Book 225, Pages 78-81, and Misc. Book 228, Pages 448-457. SUBJECT to Restrictions, Conditions, Easements and Limitations as contained in Deed to Tellico Lake Properties, L.P. from the Tellico Reservoir Development Agency in Deed Book 218, Pages 529-543, and prior deed between USA and TRDA of record in Deed Book 163, Page 461, in the said Register's Office. SUBJECT to Terms and Conditions of Contract No. TV-60000A between TRDA and TVA as recorded in Misc. Book 57, Page 366, and amended in Misc. Book 62, Page 521 and Misc. Book 91, Page 51, in the said Register's Office. SUBJECT to the Recreational Easement in Deed Book 218, Page 544, and corrected in Deed Book 219, Page 414 and Deed Book 270, Pages 544-556, in the said Register's Office. SUBJECT to Homeowner's Association Dues and Fees or Club Memberships that may apply. BEING the same property conveyed to Donald L. Henry, Trustee of the Donald L. Henry Trust dated January 2, 2004, by Warranty Deed from Christopher Shane Greenway, same dated August 2, 2007, and recorded in Deed Book 323, Pages 785-786, Register's Office, Monroe County, Tennessee. PROPERTY ADDRESS: 111 Warbler Court, Vonore, Tennessee 37885. SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: None. OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Current Tenants, 111 Warbler Court, Vonore, Tennessee 37885. No warranties are made as to the merchantability of title of said real property, which property is being sold, "where is, as is", subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not. The Substitute Trustee herein makes no representations or warranties as to status of title or description of this property.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute 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 Substitute Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property. The sale held pursuant to this Notice may be rescinded at the Substitute 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, from time to time, as needed at the sole discretion of the Substitute Trustee. This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt. Bridget J. Willhite 5/1, 5/8, 5/15/2013
NOTICE OF FORECLOSURE SALE
MONROE COUNTY, STATE OF TENNESSEE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Default has been made in the terms, conditions and payments provided for in that certain Deed of Trust dated September 29, 2006, of record in Deed Book/Page Number F-24 / 102, Register's Office for Monroe County, Tennessee, from Bradley W. Harrill and Veronica Harrill (Borrower) to JOHN M. CARSON, III (Trustee) for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR SOUTHSTAR FUNDING, LLC (Lender), securing the Note/indebtedness therein described, the entire Note/indebtedness having been declared in default and immediately due and payable by the lawful owner and holder thereof. U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2007, GSAMP TRUST 2007-HE1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE1 (Holder), now being the present owner/holder of said indebtedness, has now requested that foreclosure proceedings be instituted, and said Holder has appointed the firm listed below as Successor Trustee under said Deed of Trust, by an instrument duly recorded in the aforesaid records, to serve in the place and stead of the aforementioned Trustee. Notice of the Right to Foreclose was sent to the Borrower by letter dated October 09, 2012. NOW, THEREFORE, said Successor Trustee, or agent thereof, pursuant to said Deed of Trust, having been requested by the Holder so to do, and by virtue of the authority and power vested in said Successor Trustee by said Deed of Trust, will on June 04, 2013 at 1:00 p.m., at the usual and customary location at the Monroe County, Tennessee, Courthouse, 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), the following-described property: SITUATED IN THE THIRD CIVIL DISTRICT OF MONROE COUNTY, TENNESSEE AND SOUTHWEST OF THE TOWN OF MADISONVILLE, AND BEING LOT NO. 8 IN BLOCK "A" OF THE BRADLEY ADDITION TO THE TOWN OF MADISONVILLE, TENNESSEE, AS THE SAME APPEARS UPON THE PLAT OR MAP OF SAID ADDITION OF RECORD IN THE REGISTER'S OFFICE FOR MONROE COUNTY, TENNESSEE IN PLAT BOOK 1, PAGE 138 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF BRADLEY DRIVE, AT A CORNER WITH LOT NO. 7 BEING THE MOST SOUTHERLY CORNER OF LOT NO. 7, SOUTH 88 DEG. 17 MINUTES WEST 195.6 FEET, MORE OR LESS, TO A CORNER WITH LOT NO. 3 IN THE DITCH LINE; THENCE FOLLOWING THE DITCH LINE AND THE LINES OF LOTS NOS. 3 AND 2; AND RUNNING IN A SOUTHERLY DIRECTION 90 FEET, MORE OR LESS, TO AN IRON PIN CORNER WITH LOT NO. 9; THENCE RUNNING WITH THE LINE OF LOT NO. 9, NORTH 88 DEG. 17 MINUTES EAST 213.49 FEET TO AN IRON PIN CORNER AT THE EDGE OF BRADLEY DRIVE; THENCE WITH THE EDGE OF BRADLEY DRIVE, NORTH 3 DEG. 55 MINUTES WEST 89.58 FEET TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED IN WARRANTY DEED BOOK 316 PAGES 325, 326, REGISTER'S OFFICE OF MONROE COUNTY, TENNESSEE, SUBJECT TO THE SUBDIVISION RESTRICTIONS AND REGULATIONS EXECUTED BY REBA B. HICKS, ET ALS, OF RECORD IN THE REGISTER'S OFFICE FOR MONROE COUNTY, TENNESSEE, IN MISC. BOOK 30, PAGE 382, ALL OF WHICH SHALL APPLY TO THE PROPERTY HEREIN CONVEYED AS FULLY AS IF SAID RESTRICTIONS WERE HEREIN SET OUT. For informational purposes only, this property is commonly known as 125 Bradley Dr, Madisonville, TN 37354, Parcel ID 067N A 00400 000. The property shall be free from all right and equity of redemption, statutory or otherwise, homestead, dower, courtesy, elective share, and all other exemptions that are expressly waived in said Deed of Trust, and the title is believed to be good, but the Successor Trustee will sell and convey only as Successor Trustee, "as is" and "where is" and without covenants of seizing or warranties of title. Listing of Subordinate Lien holders: N/A Listing of Other Interested Parties: N/A This sale is subject to liens; easements; encumbrances; property taxes; rights of redemption of taxing entities; all matters shown on any recorded plan(s) or plat(s); 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; any matter that an accurate survey of the premises might disclose; and other matters which are prior in right to the lien of the aforesaid Deed of Trust. If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder. 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 sale to another day, time and/or place certain without further publication, upon announcement at the time and place for the sale set forth above, or at any date and time fixed by a preceding postponement. Alternatively, at its option, Successor Trustee may give a new notice of sale.
Weissman Nowack Curry & Wilco, PC
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
(866) 960-8298
File#015497 5/8, 5/15, 5/22/2013
PUBLIC NOTICE
The Rhea County Finance Committee will accept sealed bids on Wednesday, May 29, 2013 until 10:00 a.m. in the Phil Swafford Bldg conference room, 375 Church St., Dayton, TN for the following:
WRESTLING MATS & EQUIPMENT
For additional information, please call Jodi Pendergrass at 775-7803 ext 319.
Insertion Date: May 19, 2013
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on June 4, 2013 at 12:00PM local time, at the east door, Rhea County Courthouse, Dayton, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by James A. Legg, a married man, to Larry N. Westbrook, Esq., Trustee, on May 16, 2011 at Book T500, Page 828; all of record in the Rhea County Register's Office.
Owner of Debt: PHH Mortgage Corporation
The following real estate located in Rhea County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in Rhea County, Tennessee, and being more particularly described in deed of record in Book T500, Page 828; in the Register's Office of Rhea County, Tennessee
Parcel Number: 024-016.04
Current Owner(s) of Property: James A. Legg
The street address of the above described property is believed to be 181 Haskel Lane, Spring City, Tennessee 37381, 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.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
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 the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690
File No. 13-046022
Insertion Dates: May 5, 12 & 19, 2013
