NOTICE OF SUBSTITUTE TRUSTEE'S SALE
WHEREAS, by Deed of Trust dated December 20, 2002, of record in
McMinn County Register of Deeds Office, in Book 693, Page 447, (the "Deed of
Trust"); as modified by Deed of Trust Modification Agreement of record in
McMinn County Register of Deeds Office, in Book 821, Pages 890-891; as
modified by Deed of Trust Modification Agreement of record in McMinn County
Register of Deeds Office, in Book 928, Pages 825-826, Mark D. Dingess and
Brenda K. Sullivan did convey in trust to Kenneth Clark Hood, Atty., (the
"Trustee"), a certain tract of land to secure payment of the principal sum of
$32,000.00, and all future advances payable to the order of Bank of Athens
Greene Co. Bank Office Greeneville TN, the Deed of Trust being incorporated
herein by reference;
WHEREAS, by instrument recorded in the McMinn County Register of
Deed's Office, Capital Bank f/k/a GreenBank f/k/a Bank of Athens Greene Co.
Bank Office Greeneville TN (hereafter "Capital Bank"), exercising its authority as
such owner and holder, appointed James A. Fields as SUBSTITUTE TRUSTEE;
and
WHEREAS, default has been made in the payment of debts and
obligations secured by the Deed of Trust and Capital Bank, 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, James A. Fields, Substitute Trustee, or my designate
will on the 24th day of May, 2013 at 11:00a.m., at the McMinn County Courthouse
offer for sale and sell 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 the Deed of Trust, the property therein conveyed which is described as
follows:
SITUATED in the new Third Civil District of McMinn County, Tennessee,
within the town of Athens, and
BEGINNING at an iron pipe in the South line of Frankford Street, which
pipe is located by starting at the intersection of the North line of Frankford
Street where it intersects the East line of Adams Street and proceeding in
a straight line, North 88 degrees 45 minutes 22 seconds East 172.35 feet
from said point of beginning, continue with the South line of Frankford
Street, North 83 degrees 14 minutes 14 seconds East, a distance of 90.75
feet to a new iron rod at a cedar post marking the Northeast corner of the
lot herein described and the Northwest corner of Richard Rutledge (See
Book 13-D, Page 51); thence with Rutledge, South 03 degrees 15 minutes
45 seconds West, a distance of 90.87 feet to an old iron pipe marking the
Southeast corner of the herein described lot and the Northeast corner of
Earnest Moore (see Book 5-O, Page 313); thence with Moore, South 82
degrees 52 minutes 03 seconds West, a distance of 50 feet to a new iron
rod marking the Southwest corner of the herein described lot and the
Southeast corner of Ronnie Miller (see Book12-J, Page 334); thence with
Miller, North 22 degrees 16 minutes 54 seconds West, a distance of 93.21
feet to a new iron pipe at the Northwest corner of Miller, the point of
beginning. The description taken from a plat of survey by J. M. Norwood,
Tennessee Registered Surveyor, dated 02-10-00.
REFERENCE is made for prior title to Special Warranty Deed recorded in
Deed Book 16C, Page 194, and Warranty Deed in Deed Book 11R, Page
484, both in the Register's Office of McMinn County, Tennessee.
The address of the above described property is 207 Frankfort Street,
Athens, Tennessee.
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 Deed of Trust. The
sale is being made upon the request of Capital Bank, the owner and holder of the
indebtedness secured by the Deed of Trust due to the failure of the maker to
comply with all provisions of Deed of Trust. The sale is being made as Substitute
Trustee without covenants of seizin or warranties of title.
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 reject all bids as insufficient. The right is also
reserved to adjourn the sale to another day certain without further publication,
upon announcement before or during the sale.
Fields & Moss
1200 Mountain Creek Road
Suite 260
Chattanooga, TN 37405
(423) 266-2999
Other Interested Parties:
Publish: May 1, May 8 and May 15, 2013.
NOTICE OF TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 4, 2006, and the Deed of Trust of even date securing the same, recorded August 10, 2006, at Book 846, Page 790 in Office of the Register of Deeds for McMinn County, Tennessee, executed by Clifford G. Drumright and Karen G. Drumright, conveying certain property therein described to Affiliated Title Insurance as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for First Franklin a Division of National City Bank, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on June 3, 2013 on or about 12:00 P.M., at the McMinn County Courthouse, Athens, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in McMinn County, Tennessee, and being more particularly described as follows:
Located in the 5th Civil District of McMinn County, Tennessee:
Beginning at a point on the South line of Hillsview Road, 405 feet West of the East line of Joseph Frank Smith, same being the West line of Reed Smith; thence South 25 degrees 30 minutes West, 210 feet to a point; thence North 64 degrees 30 minutes West, 210 feet to a point; thence North 25 degrees 30 minutes East, 210 feet to a point in the South line of Hillsview Road; thence with said road South 64 degrees 30 minutes East, 210 feet to the point of beginning.
ALSO KNOWN AS: 1670 County Road 50, Riceville, Tennessee 37370-5012
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Clifford G. Drumright; Karen G. Drumright; The Tennessee Department of Environment & Conservation
The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 845 181451
DATED April 25, 2013
INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
May 1, 2013
May 8, 2013
May 15, 2013
DSaleNoticeTN-Shellie_rwatkins_130425_ 852
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on June 11, 2013 at 12:00PM local time, at the front door, McMinn County Courthouse, Athens, Tennessee pursuant to Deed of Trust executed by Anna L. Smith, a single person, to Arnold M. Weiss, Esq., Trustee, as trustee for Wells Fargo Bank, N.A. on November 30, 2007 at Deed of Trust 898, Page 129, Instrument No. 108963; conducted by Shapiro & Kirsch, LLP having been appointed Substitute or Successor Trustee, all of record in the McMinn County Register's Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Owner of Debt: Wells Fargo Bank, NA
The following real estate located in McMinn County, Tennessee, will be sold to the highest call bidder:
Described property located at McMinn County, Tennessee, to wit:
Lying and being in the Fifth Civil District of McMinn County, Tennessee, more particularly described as follows:
Beginning at a found iron pin where the common line of the tract herein conveyed and the Albritton line (Deed Book 11R, Page 353) intersect with the Northeastern right of way of Highway 163; thence from the point of beginning and with the right of way of Highway 163 North 53 degrees minutes West 219.14 feet to a set pin; thence turning with remaining lands of Sherwood North 55 degrees 50 minutes East 70.61 feet to a point; thence North 52 degrees 37 minutes East 168.99 feet to a set pin; thence turning South 22 degrees 22 minutes East 93.40 feet to a point; thence South 03 minutes 45 seconds West 91.04 feet to a set pin; thence South 17 degrees 48 minutes West 56.20 feet to a set pin; thence South 34 degrees 41 minutes West 51.12 feet to the point of beginning and containing .75 acres as surveyed by Charles P. Lawson, P.L.S. #2211, 5899 Bates Pike, Cleveland, TN 37323, and dated June 11, 2007, and being Drawing Number 2K7-112.
This conveyance is subject to the following restrictions: no poultry or livestock, no disabled vehicles, and no mobile dwellings shall be kept on said property.
This conveyance is subject to all prior easements, rights of ways, and restrictions, visible or otherwise, and any prior use as an open dump, sanitary landfill, solid waste management, transportation or disposal of any hazardous waste, hazardous substance, pollutants, contaminants, toxic substance, nuclear waste, solid waste or sludge, as defined by the Comprehensive Environmental Response, Compensation and Liability ("CERCLA"), 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6901 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., The Toxic Substances Control Act ("TSCA"), 15 U.S.C. 2601 et seq., or similar federal or state statutes, whether or not such substances(s) is identified in, listed in or regulated by regulations promulgated pursuant to the authority granted by CERCLA, RCRA, the Clean Air Act, TSCA or similar federal of state laws, and whether or not regulation of such substance(s) is deemed warranted within agency discretion allowed by said statutes. If the real property is unimproved, or no disclosure statement was given in accordance with the Tennessee Residential Property Condition Disclosure Act, T.C.A. 66-5-201 et seq., this property is sold without warranty "AS IS".
Street Address: 1729 Highway 163, Calhoun, Tennessee 37309
Parcel Number: 123-153.01
Current Owner(s) of Property: Anna Louray Smith, unmarried
The street address of the above described property is believed to be 1729 Highway 163, Calhoun, Tennessee 37309, 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 herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the HB 3588 letter mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
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.
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. 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 by the Substitute Trustee at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
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
Insertion Dates: May 1, 8 & 15, 2013
File No. 11-017235
LEGAL NOTICE
REQUEST FOR BID
Pursuant to T.C.A. ^ 5-21-118, bids will be accepted in the Office of the Director of Finance; McMinn County Courthouse; 6 East Madison Avenue; Athens, TN 37303 until 2:00 P.M. May 24, 2013 at which time the bids will be publicly opened and announced for the following:
FURNISH ALL LABOR, TOOLS, MATERIALS AND EQUIPMENT TO
REPAIR ROOFS AT NIOTA ELEMENTARY SCHOOL
IF The Submitted Bid Exceeds $25,000.00
1. All bidders will be required to provide a Bid Security in the amount of 5% of the Lump Sum Bid Price with their bid. The successful bidder shall provide a Performance Bond for 100% and Payment Bond for 100% of the bid price. Bond may be in the form of cash, cashier's check, certified check, construction surety bond, or irrevocable letter of credit.
2. Bidders must be licensed general contractors in compliance with the provisions of Tennessee Code Annotated ^ 62-6-et. seq. The license holder shall be identified by the name in which such license has been issued. The name of the Licensee, the License Number, License Expiration date, License Limitation, Classification, Name of the Project, Date of the Bid Opening, and the Opening Time must be placed on the outside of the envelope containing the Contractor's bid. Bid envelopes that do not contain such required information will not be opened nor considered. If applicable, the Contractor must also list each of its major subcontractors (i.e., Plumbing, Mechanical and Electrical) Names and License Numbers, License Limitation and Classification on the bid envelope using the form provided. Otherwise, such bid will not be considered. All bids must be submitted in one sealed envelope.
3. Proof as to the contractor's qualifications may be required to be submitted to the Owner's Representative prior to bid approval.
THE FOLLOWING THREE (3) FORMS SHALL ALSO BE ENCLOSED IN THE SEALED ENVELOPE WITH THE BID:
Bidders will be required to submit a Drug Free Workplace Affidavit as required under the provisions of T.C.A ^ 50-9-113. The affidavit states that employers with five (5) or more employees who contract with either the State or a local government to provide construction services are required to submit an affidavit stating that they have a drug free workplace program that complies with Title 50, Chapter 9.
In addition, bidders will be required to submit a affidavit that they are in compliance with Public Charter 587.
It is the policy of the Government of McMinn County Tennessee not to discriminate on the basis of race, color, national origin, sex or disability in it's hiring and employment practices, or in admission to, access to, or operation of it's programs, services, and activities. All contractors, and subcontractors will be required to sign a Title VI Contract Assurance Form stating that their company complies with this policy.
All bidders must comply with the insurance and other requirements listed in the construction documents.
No bidder will be permitted to withdraw his bid for a period of ninety (90) days following the date of the opening.
NOTE: A MANDATORY pre-bid conference will be held in the
Office of the Director of Finance at the McMinn County Courthouse
located at 6 East Madison Avenue, Athens, TN 37303 on
Thursday, May 16, 2013 at 10:00 A.M.
Detailed construction documents and bid forms may be picked up on or after May 13, 2013 at the Office of the Director Finance, McMinn County Courthouse, 6 East Madison Avenue, Athens, TN 37303 for a charge of $100.00. The full amount of the deposit will be returned to all contractors submitting a bona fide bid, except the apparent low bidder, upon return of all documents in good condition within ten (10) days after the date of opening of bid. The apparent low bidder's deposit will be retained for payment of the cost of bidding documents and will not be returned. CHECKS SHOULD BE MADE PAYABLE TO THE MCMINN COUNTY TRUSTEE.
McMinn County reserves the right to reject any and all bids and/or to accept the bid, or any portion thereof, that in it's judgment will be for the best interest of McMinn County.
Jason D. Luallen, Director of Finance
Inserted: May 14, 2013
NOTICE TO CREDITORS
ESTATE OF DENNIS H. TALLENT, SR. (deceased)
Docket NO. 2013-PR-45
Notice is hereby given that on the 30th day of April, 2013, Letters Testamentary (or of Administration as the case may be) in respect of the estate of Dennis H. Tallent, Sr., deceased, who died June 6, 2012 were issued to the undersigned by the Chancery Court (Probate Division) of McMinn County, Tennessee. All persons, resident and non-resident, having claims, matured or un-matured, 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 (4) months from the date of the first publication (or posting, as the case may be) of this notice of 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 decedent's date of death.
This 30th day of April, 2013.
Joseph Franklin Tallent
Personal Representative
Biddle & Trew, LLP ATTORNEYS
Attorney for the Estate
P.O. BOX 10
Athens, TN 37371-0010
Patty S. Gaines, Clerk & Master
Kimberly Ervin, Deputy Clerk
Inserted: May 7 & 14, 2013
NEWS-HERALD
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201 Simpson Road, Lenoir City, TN 37771 (865) 986-6581
