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Date: Wednesday, May 22nd
ATHENS RECYCLING CENTER ROCKY MOUNT ROAD 423-744-2748. Accepting cardboard, paper, plastics 1 through 7, aluminum cans, tin cans, glass, cooking oil, motor oil, oil filters, electronics, rechargeable batteries, car batteries and antifreeze. Hours: Monday-Friday 8am-5pm, Saturday 8am-1pm. Need more information on recycling Call Keep McMinn Beautiful at 423-745-2086.
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
NOTICE OF FORECLOSURE AND SALE Default having been made in the payment of installments due on the note from JACKSON STREET WAREHOUSE, LLC payable to J&D MARCUS, LLC, which note is secured by a certain Deed of Trust referenced herein, dated the 27th day of October, 2011, executed by JACKSON STREET WAREHOUSE, LLC and of record in the Register's Office of McMinn County, Tennessee in Trust Book 996, Pages 355-361, 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 11:30 a.m. at the front door of the Courthouse for McMinn County, Tennessee, at Athens, Tennessee, the undersigned Substitute Trustee, on behalf of J&D Marcus, LLC, 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 (1st) Civil District of McMinn County, Tennessee, within the corporate limits of the City of Athens, Tennessee, and being a tract of property more particularly bounded and described as follows: BEGINNING at a ^ inch iron rod found on the Northwest right-of-way line of North Jackson Street, said iron rod being located South 44 degrees 13 minutes West 824.46 feet from a concrete monument marking the point of intersection of the Southerly right-of-way line of Redfern Drive with the Northwesterly right-of-way line of North Jackson Street, said iron rod also being located at coordinates N: 4115179.25 and E: 2384936.11, said iron rod also marking common corner to property now or formerly belonging to IAC Tax V, LLC (Warranty Book 18-K, Page 384); thence from said POINT OF BEGINNING, and with the Northwesterly and Westerly right-of-way line of North Jackson Street the following two (2) calls and distances: 1) with the arc of a curve to the left, said curve having a radius of 1,179.76 feet, an arc length of 901.54 feet, a delta of 43 degrees 47 minutes and a chord bearing and distance of South 21 degrees 10 minutes West 879.76 feet to an unmonumented point; 2) South 00 degrees 43 minutes East, 258.16 feet to a concrete monument found, said concrete monument being located at coordinates N: 414100.72 and E: 2384621.66; thence leaving the right-of-way line of North Jackson Street, and with properties now or formerly belonging to Marc Malone (Warranty Book 18-N, Page 321), Franky Lee Eaton (Warranty Book 7-J, Page 644), Alvin W. McDonald (Warranty Deed Book 15-W, Page 809), Sharon G. Kennedy (Warranty Book 16-E, Page 869) and Michael Wilson (Warranty Book 18-P, Page 751), South 88 degrees 36 minutes West, 1037.12 feet to an unmonumented point in the Easterly right-of-way line of the Southern Railway Railroad (Norfolk Southern), said point being located North 88 degrees 36 minutes East 10.74 feet from a ^ inch iron rod found inside said railroad right of way; thence with the Easterly and Southeasterly right-of-way line of the railroad, the following two (2) calls and distances: 1) with the arc of a curve to the right, said curve having a radius of 2,165.20 feet, an arc length of 520.46 feet, a delta of 13 degrees 46 minutes and a chord bearing and distance of North 23 degrees 03 minutes East, 519.21 feet to an unmonumented point; 2) North 30 degrees 01 minute East 1,088.25 feet to a ^ inch iron rod found, said iron rod marking common corner to property herein described and property now or formerly belonging to IAC Tax V, LLC (Warranty Book 18-K, Page 384); thence with the line of IAC the following twelve (12) calls and distances: 1) South 48 degrees 34 minutes East 338.67 feet to a ^ inch iron rod found; 2) South 82 degrees 16 minutes East 63.67 feet to a railroad spike found; 3) North 58 degrees 10 minutes East 26.36 feet to an unmonumented point; 4) North 62 degrees 24 minutes East 30.26 feet to an unmonumented point; 5) North 73 degrees 28 minutes East 16.15 feet to an unmonumented point; 6) North 84 degrees 01 minute East 18.88 feet to an unmonumented point; 7) South 88 degrees 27 minutes East 16.65 feet to an unmonumented point; 8) South 81 degrees 15 minutes East 14.19 feet to an unmonumented point; 9) South 74 degrees 24 minutes East 14.19 feet to an unmonumented point; 10) South 65 degrees 50 minutes East 21.10 feet to an unmonumented point; 11) South 57 degrees 36 minutes East 27.44 feet to an unmonumented point; 12) South 52 degrees 49 minutes East 145.97 feet to the ^ inch iron rod found marking the POINT OF BEGINNING, as shown by survey of Christian M. Medders, Surveyor, Tennessee RLS No. 2493, dated September 26, 2011, bearing Job No. 11-151. Surveyor's Address: Medders Surveying & Mapping, P.O. Box 969, Athens, Tennessee 37371. TOGETHER with, but without warranty, all right, title and interest of First Party in and to any streets, alleyways, walkways, roadways, appurtenant easements for access and/or utilities and any strips or gores of land adjacent to, abutting or adjoining the property conveyed hereby on all sides thereof. AND BEING the same property conveyed to Jackson Street Warehouse, LLC by Warranty Deed dated October 26, 2011, from J&D Marcus, LLC, of record in Deed Book 19-H, Pages 22-27, in the Register's Office for McMinn County, Tennessee. SUBJECT to setback lines, drainage and/or utility easements and conditions and limitations, if any, as depicted on the survey by Christian M. Medders, dated September 26, 2011, and being Job No. 11-151. SUBJECT to Grant of Easement to the Board of Public Utilities recorded in Misc. Book 3, Page 134, in the Register's Office for McMinn County, Tennessee. SUBJECT to the Transmission Line Easement recorded in Deed Book 4-I, Page 335, in the said Register's Office. SUBJECT to Easements for power, water and natural gas as referenced in Deed Book 7-S, Page 748, Deed Book 10-Z, Page 578 and Deed Book 16-V, Page 324, in the said Register's Office. SUBJECT to the City of Athens Sewer Easement as recorded in Deed Book 16-V, Pages 324-327, in the said Register's Office. SUBJECT to the TVA Transmission Line Easement crossing the southeast portion of the property. SUBJECT to the rights of the railway company. SUBJECT to the Easement granted to the USA of record in the said Register's Office, in Misc. Book 2, Page 12. PROPERTY ADDRESS: 1930 N. Jackson St., Athens, TN 37303. SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Tennessee Department of Revenue, Tennessee Department of Revenue, Special Procedures Unit, Lien Desk 2, P.O. Box 190665, Nashville, TN 37219-0665; Notice of State Tax Lien against Jackson Street Warehouse, LLC, of record in Lien Book 26, Page 410. OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Current Tenants, 1930 N. Jackson St., Athens, TN 37303. 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 6th day of May, 2013 BRIDGET J. WILLHITE, Substitute Trustee Insert: May 9, 2013, May 16, 2013, May 23, 2013
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
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 February 23, 2006, and the Deed of Trust of even date securing the same, recorded March 9, 2006, at Book 828, Page 660 in Office of the Register of Deeds for McMinn County, Tennessee, executed by Sonny Robinette Lois Robinette Nick Robinette and Sonny Robinette, conveying certain property therein described to David Siklosi as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Market Street Mortgage Corporation, 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 10, 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: Situated in the First Civil District of McMinn County, Tennessee, within the Corporate Limits of the City of Athens and being more particularly described as follows: Beginning at an iron pin in the Southern line of Haley Street distant in a Westerly direction 1000 feet from the point of intersection of the Southern line of Haley Street with the Western line of Richardson Street; thence South 26 degrees 24 minutes East along Reed's Western line 165.8 feet to an iron pin; thence South 62 degrees 30 Minutes West along Sliger's Northern Line 74 feet to an iron pin; thence North 29 degrees 20 minutes West along Cate's Eastern Line 162.9 feet to an iron pin in the Southern line of Haley Street; thence with said line of said street North 60 degrees 40 minutes East 82.5 feet to an iron pin, the point of beginning as depicted on that survey by Morgan Watkins dated January 4, 1973. ALSO KNOWN AS: 703 Haley Street, Athens, Tennessee 37303 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: Sonny Robinette; Lois Robinette; Nick Robinette; Heirs of Nick Robinette, if any; Estate of Nick Robinette; Sonny Robinette 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 235348 DATED May 7, 2013 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee INSERTION DATES: May 16, 2013 May 23, 2013 May 30, 2013 DSaleNoticeTN-Shellie_asims_130507_1414 FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on June 18, 2013 at 12:00 PM local time, at the front door, McMinn County Courthouse, Athens, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Stephanie Jones and Bryan Jones, wife and husband, to FMLS, Inc., Trustee, on July 24, 2003 at Deed of Trust 722, Page 529; all of record in the McMinn County Register's Office. Holder: JPMorgan Chase Bank, National Association The following real estate located in McMinn 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 McMinn County, Tennessee, and being more particularly described in deed of record in Deed of Trust 722, Page 529; in the Register's Office of McMinn County, Tennessee Parcel Number: 081 050.00 Current Owner(s) of Property: Bryan Jones and wife, Stephanie Jones Other interested parties: AmSouth Bank The street address of the above described property is believed to be 113 County Road 44, Athens, Tennessee 37303, 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. 13-048980 Insertion dates: May 15, 22, & 29, 2013
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
TRUSTEE'S NOTICE OF SALE WHEREAS, SHALON JACKSON and KENNETH JACKSON, executed, acknowledged and delivered to Kenneth Clark Hood, Trustee, a certain Deed of Trust dated the 25th day of July, 2000, and of record in Deed Book 590, Page 574 in the Register's Office for McMinn County, Tennessee, to secure a certain indebtedness owing to Bank of Athens, now known as Capital Bank, N.A., and more fully described therein; and WHEREAS, default has been made in the payment of said indebtedness and the same has become due and payable after proper notice of default was given and the owner and holder of said indebtedness has declared the entire balance owing thereon due and payable, has given notice of acceleration, and has instructed the said Trustee to foreclose said Trust Deed and to advertise and sell the property therein and herein described, upon the terms and conditions set forth in said Trust Deed; NOW, THEREFORE, notice is hereby given that I will on the 17th day of June, 2013, at 10:40 a.m. prevailing standard time in McMinn County, Tennessee, at the main entrance of the McMinn County Courthouse in Athens, Tennessee, sell the following described real estate at public auction, for cash, to the highest bidder, and in bar of the equity of redemption, the statutory right of redemption, dower and homestead, but subject to all liens, encumbrances, easements, rights-of-way, set-back lines, restrictions, covenants, current and delinquent property taxes (ad valorem taxes), environmental claims, and the rights of any purchaser at a property tax sale or rights of redemption arising from a tax sale, affecting the subject property which are not extinguished by the foreclosure of the subject deed of trust. The property to be sold is described as follows: SITUATED in the Fourth Civil District of McMinn County, Tennessee, lying along the North side of County Road 802, and being more particularly described as follows: BEGINNING at an iron pin set in the North side of County Road 802, same marking the Southeast corner of the Frank M. Mixon property (Deed Book 14-D, Page 349), and the Southwest corner of the lot herein conveyed; FROM SAID POINT OF BEGINNING with the Frank M. Mixon property North 50 degrees 13 minutes 15 seconds East 102.04 feet to an iron pin corner, and North 88 degrees 45 minutes 59 seconds East 76.71 feet to an iron pin; thence with the Joe Bowers property (Deed Book 9-X, Page 626 as follows: along a common fence South 81 degrees 23 minutes 21 seconds East 190.48 feet to a fence post, South 18 degrees 01 minutes 46 seconds East 66.20 feet, South 46 degrees 06 minutes 26 seconds West 34.59 feet to an iron pin, and continuing South 46 degrees 06 minutes 26 seconds West 6.49 feet to the North side of County Road 802; thence with County Road 802 North 80 degrees 59 minutes 24 seconds West 338.51 feet to the POINT OF BEGINNING. CONTAINING 0.64 ACRE according to that Survey by William W. Roberts TN RLS No. 510, Athens, Tennessee, 37303, same dated 17 February 2000 and being Drawing No. 00-041, it being the basis for the foregoing description. BEING ALL of the property conveyed to Nineva Bremberry by Warranty Deed from J.O. Grisham and wife, Crazle Grisham, same dated March 10, 1951, and recorded in Deed Book 4-K, Page 420, Register's Office, McMinn County, Tennessee. THE DESCRIPTION CONTAINED HEREIN also includes all of that property heretofore conveyed to Kenneth Jackson, Sr. by Warranty Deed from the Heirs of Martin Louis Parris, same dated February 11, 1999 and recorded in Deed Book 14-V, Pages 167-169, Register's Office, McMinn County, Tennessee. AND ALSO BEING the same property conveyed to Kenneth Jackson, Sr., by Warranty Deed from the heirs of Martin Louis Parris, same dated February 22, 2000 and recorded in Deed Book 15G, Page 309, Register's Office, McMinn County, Tennessee. The subject property is located at 250 County Road 802, Etowah, Tennessee, 37331. (Control No. 018-106.00) It will be the responsibility of the successful bidder to obtain possession of the property at his expense. The successful bidder shall be responsible for any damage, vandalism, theft, destruction, etc., to the property. This sale may be subject to valid filed or unfiled mechanic's and materialmen's liens. No representations are made as to the validity or enforceability of any memorandum of mechanic's liens or any suit to enforce the same. Interests in the property other than the Deed of Trust being foreclosed or matters affecting title known to the undersigned include the following: 1. Trust Deed From Shalon Jackson and Kenneth Jackson to Kenneth Clark Hood, Trustee, dated March 15, 2000, and recorded in Trust Book 578, Page 101, securing the original amount of $61,000.00 to the Bank of Niota. 2. No marital status is given for either Shalon Jackson and Kenneth Jackson in either of the above Trust Deeds, nor did a spouse join in the execution of the Trust Deeds. 3. This property may be subject to fees, dues and assessments of a Homeowners^^ Association. The actual existence of an association and the imposition of fees, dues and assessments are not typically of record in the Register of Deeds Office and you should ascertain from your seller/borrower whether a Homeowners^^ Association has actually been formed and whether there are any unpaid fees, dues or assessments. We can make no certification as to this item. 4. The survey attached to and made a part of the Quit Claim Deed recorded in Deed Book 15G, Page 309, shows a branch along the Eastern line of the subject property and a "wet area", inside the Eastern and Southeastern portion of the property. If the branch crosses the subject property at any point, then the property would be subject to rights of upper and lower riparian owners in and to the use of and the continued uninterrupted flow of the branch through the property. 5. Taxes for the year 2013 are not yet due and payable but constitute a lien on the premises. Property taxes have been paid through the year 2007. Property taxes are delinquent for the year 2008, 2009, 2010, 2011, and 2012 in the amount of $970.00, but interest and penalties continue to accrue on this amount. The exact amount can be obtained from the local taxing authorities. 6. All property is subject to zoning ordinances which control the uses which may be made of the property. The undersigned makes no representation as to the uses which can be made of the premises in compliance with the applicable zoning ordinances. 7. Rights of parties in possession, if any. The sale will be made as Trustee only, without covenants of seizen or warranties of title, and subject to all liens, encumbrances, easements, rights-of-way, set-back lines, restrictions, covenants, current and delinquent property taxes (ad valorem taxes), environmental claims, and the rights of any purchaser at a property tax sale and/or rights of redemption arising from a property tax sale affecting the subject property which are not extinguished by the foreclosure of the subject deed of trust. The proceeds derived from the sale of said property will be applied to the payment first to the expenses of this sale, including attorney's fees, then to the payment in full of the indebtedness including interest secured by said Trust Deed, and the balance, if any, to be paid to the parties legally entitled thereto. This sale may be postponed or adjourned from time to time without readvertising the sale, and the sale may be dismissed and not conducted. The acting Trustee or any Substitute Trustee is authorized to appoint an agent or an auctioneer to conduct the sale, and any sale so made shall have the same validity as if made by the original Trustee. The sale shall be for cash, to the highest bidder. Dated this the 17th day of May, 2013. KENNETH CLARK HOOD , Trustee Insertion dates: May 22, 29, June 5, 2013 L:ForeclosureCBJackson Kenneth & Shalon 13-40094Notice (6-17-13)
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
ADVERTISEMENT FOR LEASE PROPOSAL Cleveland State Community College Search for Property Cleveland State Community College is soliciting proposals for supplemental educational space to lease in Athens. The space will be composed of offices, an open lab (math, reading and writing) and restroom facilities. Preferred space will offer students safe, easy access to the Athens Site located at 2580 Ingleside Avenue, Athens, TN 37303. Space for lease must be within the western area of Athens, on the east side of Congress Parkway and no further than one (1) mile in proximity of the existing Athens site, including contiguous lots with easy access to boundary roads. A contiguous net useable space of a minimum of 2200 square feet and a maximum of 3300 square feet is needed to provide additional space to enhance our Athens off-campus teaching site. The space must be suitable for an educational environment, meet ADA and plumbing code requirements. The facility must meet all fire, safety and mechanical code regulations, and must provide a lighted parking area for a minimum of 29 vehicles. Basic utilities are required, and a separate utility meter must be provided. The space must be one story or located on the ground floor. Term of lease will be three (3) years. To provide a proposal or obtain additional information, contact the Cleveland State Community College Purchasing and Contracts Office, 3535 Adkisson Drive, TN 37312, telephone number 423-614-8701. Deadline for the submission of proposals will be 2:00 pm EST on June 4, 2013. Cleveland State Community College Susan Birdwell, Director of Purchasing and Contracts Inserted: May 22, 2013
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
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 May 11, 2001, and the Deed of Trust of even date securing the same, recorded May 22, 2001, at Book 620, Page 750 in Office of the Register of Deeds for McMinn County, Tennessee, executed by Dorothy Bradley, conveying certain property therein described to NO TRUSTEE ON DEED OF TRUST as Trustee for Hamilton Financial Services, A Georgia Corporation; 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 July 1, 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: A certain tract or parcel of land in McMinn County, State of Tennessee, as follows: Tract 1: Situated in the New 3rd Civil District of McMinn County, Tennessee: the same being a part or portion of Lots Numbers 7 and 8 as shown by Plat of the B.F. Brakebill Farm of record in the Register's Office of McMinn County, Tennessee in Plat Book Number 1 Page 15 to which reference is heremade, and more particularly described as follows: Beginning at the Northwest corner of the lot here conveyed on the North side of a 30 foot street, corner with Alonzo Smith; thence in a Northwest direction 85 feet with a 30 foot street to a corner; thence in a Northeast direction 100 feet to a corner; thence in a Southeast direction 85 feet to a corner; thence in a Southwest direction 100 feet to the beginning corner. ALSO KNOWN AS: 816 Ivory Road, Athens, Tennessee 37303 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: Dorothy Bradley 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 213122 DATED April 29, 2013 INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C., Successor Trustee May 8, 2013 May 15, 2013 May 22, 2013 FHA No. 481-2235172 DSaleNoticeTN-Shellie_asims_130429_ 701 FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Wednesday, May 22nd
TRUSTEE'S NOTICE OF SALE WHEREAS, JIMMY D. RUSSELL and wife, DONNA RUSSELL, of McMinn County, Tennessee, executed, acknowledged and delivered to Kenneth Clark Hood, Trustee, a certain Deed of Trust dated the 18th day of November, 2009, and of record in Deed Book 956, Pages 140-149 in the Register's Office for McMinn County, Tennessee, to secure a certain indebtedness owing to GreenBank, now known as Capital Bank, N.A., and more fully described therein; and WHEREAS, default has been made in the payment of said indebtedness and the same has become due and payable after proper notice of default was given and the owner and holder of said indebtedness has declared the entire balance owing thereon due and payable, has given notice of acceleration, and has instructed the said Trustee to foreclose said Trust Deed and to advertise and sell the property therein and herein described, upon the terms and conditions set forth in said Trust Deed; NOW, THEREFORE, notice is hereby given that I will on the 17th day of June, 2013, at 10:30 a.m. prevailing standard time in McMinn County, Tennessee, at the main entrance of the McMinn County Courthouse in Athens, Tennessee, sell the following described real estate at public auction, for cash, to the highest bidder, and in bar of the equity of redemption, the statutory right of redemption, dower and homestead, but subject to all liens, encumbrances, easements, rights-of-way, set-back lines, restrictions, covenants, current and delinquent property taxes (ad valorem taxes), environmental claims, and the rights of any purchaser at a property tax sale or rights of redemption arising from a tax sale, affecting the subject property which are not extinguished by the foreclosure of the subject deed of trust. The property to be sold is described as follows: Lying and being in the City of Athens, Third (formerly Second) Civil District of McMinn County, Tennessee, and being more particularly described as follows: Beginning at a railroad spike located in South right of way line of Elizabeth Street, 531.5 feet from West right of way line of South White Street; thence South 32 deg. 20 min. East, 294.7 feet to an iron pin; thence South 57 deg. 40 min. West, 200.0 feet to an iron pin; thence North 32 deg. 20 min. West, 307.1 feet to an iron pin located in South right of way line of Elizabeth Street; thence with right of way line of said street the following calls: North 61 deg. 58 min. East, 146.00 feet to a point; thence North 61 deg. 28 min. East, 34.6 feet to a point; thence North 55 deg. 05 min. East 20.0 feet to the point of Beginning, according to that survey by Paul Ronald Lingerfelt, TN RLS No. 771, Sweetwater, TN 37874, same dated 10-16-1995 and being Drawing No. 95238. Being the same property conveyed to Jimmy Russell, d/b/a, American Cinema and wife, Donna Russell by Warranty Deed from Pearl White, by and through her power of attorney, James H. White, and James H. White, individually, dated June 21, 1996 and recorded June 28, 1996 in Deed Book 13-R, Page 144, in the Register^^s Office for McMinn County, Tennessee. SUBJECT to the Right-of-way of Elizabeth Street as set out in Deed Book 7-E, Page 90. SUBJECT to all notes, drainage and/or utility easements, and building setback lines as noted or shown on the survey recorded in Deed Book 13-R, Page 147. SUBJECT to the Sewer easement to the City of Athens as set out in Misc. Book 6, Page 427. SUBJECT to the Waterline easement to A.U.B. as set out in Misc. Book 6, Page 385; Deed Book 6-H, Page 209 and Deed Book 6-H, Page 283. SUBJECT to Declaration of Easements as set out in Deed Book 13-R, Page 148. SUBJECT to any governmental zoning and/or subdivision ordinances or regulations in effect thereon. The subject property is located at 111 Elizabeth Street, Athens, Tennessee, 37303. (American Cinema) (Control 065-142.00 and 064-142.00P) It will be the responsibility of the successful bidder to obtain possession of the property at his expense. The successful bidder shall be responsible for any damage, vandalism, theft, destruction, etc., to the property. This sale may be subject to valid filed or unfiled mechanic's and materialmen's liens. No representations are made as to the validity or enforceability of any memorandum of mechanic's liens or any suit to enforce the same. Interests in the property other than the Deed of Trust being foreclosed or matters affecting title known to the undersigned include the following: 1. Survey recorded in Deed Book 13-R, Page 147 shows a minimum set-back lines of: Front 50 feet; Sides 30 feet; Rear 30 feet. 2. This property may be subject to fees, dues and assessments of a Homeowners^^ Association. The actual existence of an association and the imposition of fees, dues and assessments are not typically of record in the Register of Deeds Office and you should ascertain from your seller/borrower whether a Homeowners^^ Association has actually been formed and whether there are any unpaid fees, dues or assessments. We can make no certification as to this item. 3. According to Order Establishing Muniment of Title, Probate File No. 2011-PR-146, Chancery Court for McMinn County, Tennessee, with regard to other property, Donna Sue Russell, a/k/a Donna Russell, died testate July 9, 2010, leaving Jimmy Dean Russell as her surviving tenant by the entirety. An Order was not necessary with regard to the subject property inasmuch as they took title and husband and wife, however, there is a TennCare Release attached to the aforesaid Order. 4. Right of Way of Elizabeth Street, as set out in Deed Book 7-E, Page 90. 5. All notes, drainage and/or utility easements, and building set-back lines as noted on the survey recorded in Deed Book 13-R, Page 147. 6. Sewer Easement to the City of Athens as set out in Misc. Book 6, Page 427. 7. Waterline easement to Athens Utility Board, as set out in Misc. Book 6, Page 385; Deed Book 6-H, Page 209, and Deed Book 6-H, Page 283. 8. Declaration of Easements as set out in Deed Book 13-R, Page 148. 9. City and county property taxes for the year 2013 are not yet due and payable but constitute a lien on the premises. City and county property taxes have been paid through the year 2011. Property taxes are delinquent for the year 2012 in the amount of $3,007.71, but interest and penalties continue to accrue on this amount. The exact amount owing can be obtained from the local taxing authorities. 10. All property is subject to zoning ordinances which control the uses which may be made of the property. The undersigned makes no representation as to the uses which can be made of the premises in compliance with the applicable zoning ordinances. 11. Rights of parties in possession, if any. The sale will be made as Trustee only, without covenants of seizen or warranties of title, and subject to all liens, encumbrances, easements, rights-of-way, set-back lines, restrictions, covenants, current and delinquent property taxes (ad valorem taxes), environmental claims, and the rights of any purchaser at a property tax sale and/or rights of redemption arising from a property tax sale affecting the subject property which are not extinguished by the foreclosure of the subject deed of trust. The proceeds derived from the sale of said property will be applied to the payment first to the expenses of this sale, including attorney's fees, then to the payment in full of the indebtedness including interest secured by said Trust Deed, and the balance, if any, to be paid to the parties legally entitled thereto. This sale may be postponed or adjourned from time to time without readvertising the sale, and the sale may be dismissed and not conducted. The acting Trustee or any Substitute Trustee is authorized to appoint an agent or an auctioneer to conduct the sale, and any sale so made shall have the same validity as if made by the original Trustee. The sale shall be for cash, to the highest bidder. Dated this the 17th day of May, 2013. KENNETH CLARK HOOD , Trustee Insertion dates: May 22 & 29, June 5, 2013 L:ForeclosureCBRussell Jimmy & Donna 13-40085Notice (6-17-13)
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, May 21st
Notice to Bid Network switches for two schools The Athens City Schools is seeking bids for network switches to be placed in two schools. For bid packet and specifications, please call 423-745-4095. Bid opening will be at 2:30 p.m. on Friday, May 31, 2013, at Athens City Schools, 943 Crestway Drive, Athens, TN 37303. Inserted: May 21,2013
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, May 21st
SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on June 18, 2013 at 12:00 PM local time, at the front door, McMinn County Courthouse, Athens, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Kimberly DeSherlia and husband, Doug DeSherlia, and William H. Holder, an unmarried man, to David Siklosi, Trustee, on November 14, 2008 at Deed of Trust 926, Page 394, Instrument No. 119492; all of record in the McMinn County Register's Office. Owner of Debt: JPMorgan Chase Bank, National Association The following real estate located in McMinn County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: SITUATED in the Fourth (formerly First) Civil District of McMinn County, Tennessee, within the Corporate Limits of the City of Etowah, BEING LOT TWELVE (12), LOT THIRTEEN (13) AND LOT FOURTEEN (14) in Block 67 as depicted on the LOUISVILLE PROPERTY COMPANY Plat recorded in Deed Book SS, Page 136, in the Register's Office, McMinn County, Tennessee. Said lots collectively front 150 feet on the East side of Georgia Avenue, 110.45 feet on the South side of Second Street, and 150 feet on the North side of Lot 11. LOCATED UPON THE ABOVE-DESCRIBED PROPERTY is a 1999 MIRA manufactured home, Serial Number H85549GLR. Street Address: 215 Georgia Avenue, Etowah, Tennessee 37331 Parcel Number: 107O-A-058.00 Current Owner(s) of Property: Kimberly DeSherlia and William H. Holder, tenants in common with the express right of survivorship The street address of the above described property is believed to be 215 Georgia Avenue, Etowah, Tennessee 37331, 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. SUBJECT TO A 1999 MIRA MANUFACTURED HOME, SERIAL NUMBER H85549GLR, IS BELIEVED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY. IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN THE TITLE TO SAID MOBILE HOME. 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. 13-048051 Insertion dates: May 21, 28, June 4, 2013
Source: The Daily Post Athenian
Location: Athens, TN