001 Legals

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ELIZABETHTON STAR
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WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated December 18, 2001, and the Deed of Trust of even date securing the same, recorded January 10, 2002, at Book T608, Page 651 in Office of the Register of Deeds for Carter County, Tennessee, executed by Wendy Hambrick and Woodrow Richardson, conveying certain property therein described to Citco Title Co., Inc. as Trustee for Citizens Bank; and the undersigned, Shellie Wallace of 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 Shellie Wallace 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 September 10, 2010 on or about 2:15 P.M., at the Carter County Courthouse, Elizabethton, 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 Carter County, Tennessee, and being more particularly described as follows:

Situate in the ninth Ci vil District of Carter County, Tennessee and being particularly described as follows: being all of unit 3 of the east-brook Townhouse Development, as shown by plat of record in plat Cabinet A, Slide 380, of the Register's Office for Carter County, Tennessee, and also being a part of lots nos. one and two of the Mayfield subdivision, section A as shown on plat of said subdivision, of record in plat cabinet A, Slide 361, of the Register's Office for Carter County, Tennessee.

ALSO KNOWN AS: 103 Mayfield Drive number 3, Elizabethton, Tennessee 37643

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: Wendy Hambrick; Woodrow Richardson; Cavalry Portfolio Services LLC as assignee of Mitsubishi

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. 700-130192

DATED August 16, 2010.

WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
By:
Shellie Wallace

DSaleNoticeTN-Shellie_msanders_100816_1311


FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
8/20, 8/27, 9/3

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Notice is hereby given that on the 1st day of September, 2010, Letters of Testamentary in respect to the Estate of Clifton M. Shell, who died August 2, 2010 were issued to the undersigned by the Probate Court, of Carter County Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured, against the Estate of Clifton M. Shell are required to file the same with the Clerk and Master of the above Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedents date of death, otherwise, their claims will be forever barred.

This the 1st day of September, 2010.

Marsha Shepherd
Executrix

Deceased:
Clifton M. Shell

Thomas R. Banks
Attorney

MELISSA MORELAND
Clerk and Master
9/3, 9/10

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Notice is hereby given that on the 1st day of September, 2010, Letters of Testamentary in respect to the Estate of Helen J. Neptune, who died July 31, 2010 were issued to the undersigned by the Probate Court, of Carter County Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured, against the Estate of Helen J. Neptune are required to file the same with the Clerk and Master of the above Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedents date of death, otherwise, their claims will be forever barred.

This the 1st day of September, 2010.

Steven M. Bouchery
Executor

Deceased:
Helen J. Neptune

Keith Bowers, Jr.
Attorney

MELISSA MORELAND
Clerk and Master
9/3, 9/10

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WHEREAS, Smokey Mountain Holdings, LLC (“Grantor”), by that certain Deed of Trust dated July 25, 2005, recorded in Book T744, Page 330, in the Register's Office of Carter County, Tennessee (the “Register's Office”), (the “Deed of Trust”), conveyed to D. Michael Tranum, Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by SunTrust Bank, a Georgia banking corporation (the “Lender”); and

WHEREAS, default has occurred by Grantor's failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and

WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and

WHEREAS, the undersigned, Ronald G. Steen, Jr. (the “Successor Trustee”), has been duly appointed as Successor Trustee in the place and stead of D. Michael Tranum, Trustee, by appointment recorded in Book 63, Page 406, Register's Office.

NOW, THEREFORE, notice is hereby given that I, Ronald G. Steen, Jr., Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, on Friday, September 17, 2010, at 1:00 p.m. prevailing eastern time, at the Carter County Courthouse, 801 Elk Avenue, Elizabethton, TN 37643, in the manner further described herein, will offer the Property, as such term is hereafter defined, for sale to the highest bidder for cash, and free from equity of redemption, dower, homestead, and all other exemptions of every kind, all of which are expressly waived in the Deed of Trust. The term “Property” as used herein shall mean all of Grantor's right, title and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances located in Carter County, Tennessee, described as follows:

SITUATED in the 9th Civil District of Carter County, Tennessee, and being more particularly described as follows:

BEGINNING on a P.K. Nail set in the westerly right of way of Rondy Morre Drive and being the southeast corner of the Industrial Development Board of Carter County (DB 445, PG 200); thence with said right of way, South 04 degrees 04 minutes 23 seconds West 268.08 feet to an iron rod in the line of Carter County (DB 458, PG 71); thence leaving said right of way, South 68 degrees 17 minutes 30 seconds West 460.98 feet to an iron rod in the line of J. W. Window Components, Inc. (DB 407, PG 781); thence with said line, North 84 degrees 16 minutes 06 seconds West 229.43 feet to an iron rod in the line of the Industrial Development Board of Carter County (DB 441, PG 691)(DB 445, PG 200); thence with the Industrial Development Board of Carter County, the following two calls: North 05 degrees 42 minutes 35 seconds East 480.39 feet to an iron rod; thence South 84 degrees 16 minutes 06 seconds East 630.97 feet to the point of BEGINNING, according to survey of Daryl W. Perdue, RLS # 1848.

BEING the same property conveyed to Carter County, Tennessee, a body politic of the State of Tennessee by Deeds recorded in Book 414, page 31 and recorded in Book 401, page 367 both in the Register's Office for Carter County, Tennessee. Being the same property conveyed to Smokey Mountain Holdings, LLC by deed of Record in Book 496, page 151, in the aforesaid Register's Office.

Miscellaneous Book 70, page 731 and Miscellaneous Book 75, page 435 both in the aforesaid Register's Office record restrictive covenants applicable to the subject premises.

The street address of the Property is believed to be 200 Smokey Mountain Place, Elizabethton, Tennessee, but such address is not part of the legal description of the Property. In the event of any discrepancy, the legal description herein shall control.

A review of the records at the Register's Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure:

1. Any and all unpaid ad valorem taxes payable to Carter County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
2. Any and all unpaid taxes payable to the City of Elizabethton, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
3. Rights and claims of parties in possession.
4. Any facts, rights, interests or claims which could be ascertained by an inspection of the Property or by making inquiry of the person(s) in possession of the Property.
5. Any mechanics' and materialmen's liens, filed or unfiled, which take priority over the Deed of Trust upon which this foreclosure sale is had.
6. Any discrepancies, conflicts, easements, boundary line disputes, encroachments or protrusions, or overlapping of improvements which would be disclosed by an inspection and accurate survey of the subject Property.
7. Liens for any unpaid assessments and/or special assessments.
8. Deed for Easements dated November 13, 2006, as amended, to the City of Elizabethton, Tennessee, a municipal corporation, of record in Misc. Book 122, page 281, in the Register's Office for Carter County, Tennessee.

The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.

The sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose.

The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee's Deed as Successor Trustee only.

The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above, to sell the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.

This 24th day of August, 2010.
/s/ Ronald G. Steen, Jr.
Ronald G. Steen, Jr., Successor Trustee
STITES & HARBISON, PLLC
401 Commerce Street
Suite 800
Nashville, TN 37219-2376
Telephone: (615) 782-2200
8/27,9/3, 9/10

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WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated September 13, 2007, and the Deed of Trust of even date securing the same, recorded September 21, 2007, at Book T812, Page 837 in Office of the Register of Deeds for Carter County, Tennessee, executed by David G. Silver, conveying certain property therein described to Preferred Escrow and Title LLC as Trustee for Fifth Third Mortgage Company; and the undersigned, Shellie Wallace of 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 Shellie Wallace 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 September 24, 2010 on or about 2:15 P.M., at the Carter County Courthouse, Elizabethton, 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 Carter County, Tennessee, and being more particularly described as follows:

Situate, lying and being in the Sixth (6th) Civil District of Carter County, Tennessee, and being more particularly described as follows, to-wit;

To find the point of Beginning, being at a post located in the northwesterly margin of Carville road, and being corner to Torres; thence leaving the northwesterly margin of Carville Road, and with the line of Torres, North 46 deg. 21 min. 00 sec. West, a distance of 200.10 feet to an iron pin, this being the point of beginning; thence North 46 deg. 21 min. 00 sec, west, a distance of 212.39 feet to an iron pin in the line of Bailey; thence with the line of Bailey and Edwards, South 46 deg. 35 min. 21 sec. West, a distance of 315.56 feet to an iron pin, corner to Crumley; thence with the line of Crumley, South 45 deg. 37 min. 53 sec. East, a distance of 217.80 feet to an iron pin in the line of Crumley; thence leaving the line of Crumley, and with the line of Silver, North 48 deg. 09 min. 53 sec. East, a distance of 98,31 feet to an iron pin; thence South 45 deg. 02 min. 48 sec. East, a distance of 13.95 feet to an iron pin; thence North 49 deg. 35 min. 51 sec. East, a distance of 45.15 feet to an iron pin in the line of the cemetery; thence with the line of the cemetery the following courses and distances: South 85 deg. 10 min. 10 sec. West, a distance of 58.93 feet to an iron pin; North 17 deg. 58 min. 08 sec. West, a distance of 88.00 feet to an iron pin; North 76 deg. 15 min. 14 sec. East, a distance ofc108.98 feet to an iron pin; South 35 deg. 27 min. 16 sec. East, a distance of 67.00 feet to an iron pin in the easterly margin of a 20 foot public lane; thence with the easterly margin of the 20 foot public lane, South 45 deg. 40 min. 00 sec. East, a distance of 25.00 feet to an iron pin located in the divisional line between Lots 1 and 2; thence with the divisional line between Lots 1 and 2, North 17 deg. 26 min. 02 sec. East, a distance of 110.06 feet to an iron pin, this being the point of Beginning and containing 1.4518 acres, more or less, and being all of Lot Two (2) of the subdivision of the Glenn and Betty Silver Property, according the to a survey dated April 10, 1996, by William J. Huffman, Tennessee Registered Land Surveyor No. 1754, to which map or plat reference is here had and made; a copy of said plat being attached hereto.

However, there is a 7.5 setback line around the perimeters of this lot and a 15 foot setback line around the cemetery as shown by a copy of the plat attached hereto.

This conveyance is subject to any and all restrictions, easements, setback lines, conditions, plat of record, and encumbrances of record in the Register's Office for the aforesaid County.

ALSO KNOWN AS: 143 Carrville Avenue, Johnson City, Tennessee 37601

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: David G. Silver

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. 949-194196

DATED August 23, 2010.

WILSON & ASSOCIATES, P.L.L.C.
Successor Trustee

By:
Shellie Wallace

DSaleNoticeTN-Shellie_gwooten_100823_1246


FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
8/27, 9/3, 9/10

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