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May 21, 2012 Page 11 - The BUZZ
lEGAl NOTICES lEGAl NOTICES lEGAl NOTICES lEGAl NOTICES
NOTICE OF
SUCCESSOR
TRUSTEE'S SAlE
WHereaS, default has occurred
in the performance of the
covenants, terms, conditions,
and payments provided for in
that certain Deed of Trust dated
January 8, 2008, of record in the
Office of the register of Deeds
of monroe County, Tennessee, in
Book B-26, Page 371, executed
by arthur J. van Note, Jr., Tony
Papa and llF Concepts, Inc., by
mario Coryell, President, conveying
certain property therein
described to Gary D. Keith,
Trustee, to secure the indebtedness
therein described, which
entire indebtedness has now
been declared due, unpaid and
in default by the lawful owner
and holder thereof, Chattanooga
agricultural Credit association;
and
WHereaS, the undersigned,
John W. Cleveland, Sr., was appointed
Successor Trustee on
april 23, 2012, of record in misc.
Book 225, Page 523, in said
register's Office, to serve in the
place and stead of Gary D. Keith,
Trustee; now
THereFOre, I, John W. Cleveland,
Sr., Successor Trustee,
pursuant to said Deed of Trust,
having been requested by the
owner and holder of said indebtedness
so to do, and by virtue of
the authority and power vested
in me by said Deed of Trust will,
on May 30, 2012, at 11:00 a.m.,
at the College Street Entrance
to the Monroe County Courthouse,
in Madisonville, Monroe
County, Tennessee, 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), free
from the equity of redemption,
the statutory right of redemption,
homestead, dower, elective
share, and all other exemptions
of Borrower of every kind, all of
which have been expressly
waived by Borrower, the following-described
property in monroe,
County, Tennessee:
lYING aND BeING in the Third
(3rd) and Fourth (4th) Civil Districts
of monroe County, Tennessee,
as shown on the
Preliminary Plat of Private road
System For Sunset logging
Company dated December 21,
2006, Job No. 06-0264, for Sunset
logging Company by Christian
m. medders, Tennessee
registered land Surveyor No.
2493, meDDerS SUrveYING
& maPPING, P.C., 307 Keith
lane, athens, Tennessee
37303, and being more particularly
described as follows:
BeING that certain 200.132-
ACRE TRACT of land lying on
the southern side of red river
road as shown on said plat of
record in the Office of the register
of Deeds of monroe County,
NOTICE
Monroe County Board of Education
The Monroe County Board of Education will
meet on June 14, 2012 for their regular
monthly meeting in the Boardroom at the
Director of Schools’ Office at 7 p.m. The
first item of business will be to discuss the
Director of Schools’ Performance Review
and consider extending the contract of the
Director of Schools.
Dr. Larry Stein, Chairman
Monroe County Board of Education
Tennessee, in PLAT CABINET
F, PAGE 381, including all terms,
conditions, setback lines, easements
and restrictions that appear
on said plat.
BeING the same property conveyed
to Tony Papa, arthur van
Note, Jr. and llF Concepts, Inc.
from Sunset logging Co., Inc. by
Warranty Deed dated January 8,
2008, of record in the Office of
the register of Deeds of monroe
County, Tennessee, in Warranty
Deed Book 326, Page 739.
SUBJeCT to all prior easements,
rights of way and restrictions,
visible or otherwise.
PROPERTY ADDRESS:
Bent Creek Trail, Englewood,
Tennessee
maP 124, ParT OF ParCel
034.01
The street address of the
property is believed to be off Bent
Creek Trail, monroe County,
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.
This property is sold aS IS,
WHere IS aND WITH all
FaUlTS, and without any 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,
CONDITION OR FITNESS
FOR A PARTICULAR USE OR
PURPOSE.
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 is 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.
This sale is subject to all matters
shown on any applicable
recorded plat, any unpaid taxes,
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any property owner’s association
dues, 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 or
examination of the title to the
property could disclose.
Other interests in the property
or matters affecting title include
the following:
1. Taxes for the year 2009 in
the amount of $3,045.98 have
not been paid. Taxes for the year
2010 in the amount of $2,686.70
have not been paid. Taxes for
the year 2011 in the amount of
$2,574.00 have not been paid.
The exact amount owing can be
obtained from the local taxing
authorities.
2. The property may be subject
to subdivision and/or 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.
The undersigned Substitute
Trustee makes no representation
regarding title to the property
described hereinabove, and all
potential bidders are advised to
have title to said property examined
by a reputable title attorney
prior to sale because the undersigned
will sell and convey said
property only as Substitute
Trustee, without covenants of
seizin or warranties of title.
The proceeds derived from
the sale of said property will be
lEGAl NOTICES
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.
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
hereinabove.
Should the highest bidder fail
to comply with the terms of the
bid at the public sale within
twenty-four (24) hours of the
sale, then the Substitute Trustee
shall have the option of accepting
the second highest bid, or the
next highest bid with which a
buyer is able to comply, who will
be deemed the successful bidder.
SUBOrDINaTe lIeN-
HOlDerS: NONe.
OTHer INTereSTeD
ParTIeS: monroe County Clerk
& master, monroe County
Trustee.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
This 2nd day of may, 2012.
John W. Cleveland, Sr.,
Successor Trustee
ClevelaND & ClevelaND, P.C.
120 W. morris Street
Sweetwater, Tennessee 37874
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