CIRCUIT COURT SALE OF LAND TCA35-5-101(a) (Publication) In obedience to a Decree of the Circuit Court for Jefferson County, at Dandridge, Tennessee made in the case of Donald B. Kowalski vs. Carolyn V. Kowalski, case Number: 22,084-IV, I will on Saturday, April 10, 2010 at 10:30 O'clock A.M., on the site of the property located on Cosby Highway to be sold to the highest and best bidder. A description of the tract to be sold is found in Book 1200, Page 112 in the Register's Office for Cocke County, Tennessee, more particularly decribed as follows: SITUATE in the Fifth (5th) Civil District of Cocke County, Tennessee and being Lots 7 and 8 of the Myrtle Arrowood Estate as shown by plat of record in Map Cabinet D, Slide 98 in the Register's Office for Cocke County, Tennessee to which reference is here made for a more particular description: Subject to restrictions of record in Book 1199, Page 670, in the Register's Office for Cocke County, Tennessee. Subject to the notes, easements, restrictions, setback lines, utility and drainage easements, and any other notes which may appear on the plat of record in Map Cabinet D, Slide 98 in the Register's Office for Cocke County, Tennessee. BEING a portion of the same property conveyed to Ernest Arrowood and wife, Myrtle Arrowood by deed from Ernest Arrowood dated December 17, 1978 of record in WD Book 180, Page 75 in the Register's Office for Cocke County, Tennessee and by deed from Hardy L. McMahan, single, dated September 3, 1943 of record in WD Book 66, Page 244 in the Register's Office for Cocke County, Tennessee. Ernest Arrowood is deceased. Ernest Arrowood predeceased Myrtle L. Arrowood who died October 24, 2004, testate. Her Will was filed with the Chancery Court in Cocke County, Tennessee, November 30, 2004. Said Will directs her Executor L. Eugene Arrowood have full power of sale of both real and personal property. Myrtle Arrowood, Myrtle B. Arrowood and Myrtle L. Arrowood are one and same person. Said real property shall be sold to the highest and best bidder (that is qualified in the manner that Mark Jackson, Auctioneer, customarily requires) for cash, in bar of all rights of redemption. The terms of the sale shall be ten (10%) percent down on the day of the sale, with the remainder due at closing, with the closing to take place within 30 days of the date of sale. There will be a Buyer's Premium in the amount of ten (10%) percent of the total purchase price. Penny O. Murphy, Special Commissioner Publication Dates: March 14, 21, 28, 2010
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TRUSTEE'S NOTICE OF FORECLOSURE SALE WHEREAS, on the 28th day of April, 2004 and the 27th day of July, 2006, by deeds of trust recorded in Book 1163, at page 419 as modified in Book 1276, at page 294 and Book 1235, at page 249 as all of which were combined both as to collateral and principal indebtedness by modification of record in Book 1316, at page 103, all of record in the Register's Office for Cocke County, Tennessee, DONALD B. METZ and wife, FRANCES METZ, did convey in trust to the Trustee named in said deed of trust, the hereinafter described real estate to secure the payment of a note, and other obligations; said debts and obligations being more particularly described in said trust deed; and WHEREAS, default has been made in the payment of said indebtedness; the same being now past due and the entire amount thereof having been declared due and payable in accordance with the terms of said note and deed of trust. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that by virtue of the authority vested in me, I will on Thursday, April 22, 2010, at 11:00 o'clock a.m., EDT, offer for sale, and sell at the front door of the Cocke County Courthouse, 111 Court Avenue (at the entrance of the North front door) in Newport, Tennessee, to the last, highest and best bidder for cash in hand, the following described real estate, to-wit: SITUATE in the 8th Civil District of Cocke County, Tennessee, and being all of Lots 16, 23, and 25 of Eagle Mountain Estates, Section A (Phase 1), as the same appears on a plat of record in the Sevier County, Tennessee, Register's Office, in Plat Book 10, at page 21 (Plat Cabinet C, Slide 92), to which reference is here made for exact legal description. SUBJECT to the Protective and Restrictive Covenants of Eagle Mountain Estates, Section A, Phase One (1) of record in Book 1035, at page 608, Register's Office for Cocke County, Tennessee. SUBJECT to all building setback lines, all utility easements, and all other matters depicted on plat of record in Plat Book 10, at page 21 (Plat Cabinet C, Slide 92), Register's Office for Cocke County, Tennessee. SUBJECT to a Road Maintenance Agreement of record in Book 1135, at page 418, Register's Office for Cocke County, Tennessee. BEING the same property acquired by Donald B. Metz and wife, Frances Metz by deeds of record in Book 1053, at page 201, Book 1152, at page 349 and Book 1153, at page 84, all of record in the Register's Office for Cocke County, Tennessee. Cocke County Tax Records show the above described property to be located on Eagle Mountain Road (Lot 16), Greenwood Road (Lot 23) and 109 Greenwood Way (Lot 25) TAX MAP 094-052.29 (Lot 16), 052.25 (Lot 23) and 052.23 (Lot 25). OTHER INTERESTED PARTIES: (1)Wells Fargo Home Mortgage, Inc., 3601 Minnesota Drive, MAC X4701-022, Bloomington, MN 55435. Said sale will be free from the statutory right and equity of redemption, homestead, dower and all other exemptions; the same having been waived in said deed of trust. Said property will be sold subject to all unpaid real estate taxes, and any and all other prior liens and mortgages, if any. The right is reserved to adjourn the day of sale to another day certain, without further publication and in accordance with the law upon announcement of such adjournment on the day and at the time and place of sale set forth above. This is an attempt to collect a debt, and any information obtained will be used for that purpose. This Notice shall be published in THE NEWPORT PLAIN TALK on the 21st day of March, 2010; the 28th day of March, 2010; and, the 4th day of April, 2010. This 16th day of March, 2010. SYKES & WYNN, PLLC, TRUSTEE By: A. R. Sykes, Member A. Randolph Sykes Sykes & Wynn, PLLC 113 Joy Street Sevierville, Tn 37862 (865) 453-7118 Publication dates: March 21, 28, April 4, 2010
NOTICE OF TRUSTEE'S SALE WHEREAS, by Deed of Trust dated December 22, 2006, Benjamin Byrum and wife Christy Byrum, conveyed the following described premises to Arnold M. Weiss, Trustee(s), for Branch Banking and Trust Company to secure the indebtedness due therein, and said Deed of Trust being of record in Book 1247, page 864, in the Register's Office of Cocke County, Tennessee and WHEREAS, Branch Banking & Trust Company, the owner and holder of the indebtedness due therein, has appointed Allen J. Ware, Jr. as Substitute Trustee, which Appointment of Substitute Trustee is dated March 4, 2009, and is of record in Book 1305, page 796, in the Register's Office of Cocke County, Tennessee. THEREFORE, NOTICE is hereby given that default having been made in the payment of the indebtedness secured by said Deed of Trust and said default having existed for more than thirty (30) days, the undersigned Substitute Trustee, by virtue of the authority vested in him and having been requested so to do by the owner and holder of said indebtedness, will sell at the front doors of the Cocke County Courthouse in Newport, Tennessee, for cash to the highest bidder, in bar of all right and equity of redemption, at or about 11:00 A. M. ET on: FRIDAY, APRIL 30, 2010: SITUATED in Civil District No. Four (4) of Cocke County, Tennessee, and being a portion of the William H. Johnson lands and more particularly described as follows: Beginning at a new iron pin corner to remaining lands of Denton which beginning corner is North 84 deg. 00 min. 00 sec. West 177.55 from a new iron pin in the West margin of Johnson Street, thence with the remaining lands of Denton, South 03 deg 25 min. 05 sec. West 167.08 feet to a new iron pin corner to Denton, thence North 84 deg. 54 min. 31 sec West 163.19 feet to an old iron pin corner to Hudson, thence with the Hudson line, North 05 deg. 07 min. 29 sec. East 171.06 feet to an old iron pin corner to remaining lands of Shoemaker, thence with the Shoemaker line, South 83 deg. 24 min. 23 sec. East 158.27 feet to the Beginning containing 0.624 acres more or less according to the survey prepared by Joseph M. Bible, Registered Land Surveyor No. 168, who has an office at 115 North Mims Avenue, Newport, Tennessee 37821, dated October 14, 2005 and entitled, Surveyed for Doug Shoemaker. ALSO herein conveyed is a 2006 Horton Echo Manufactured Home having a serial number H21513GLR, being manufactured in 10/2005 and being purchased and delivered 11/8/05. THIS CONVEYANCE is subject to all easements, restrictive covenants and conditions, and other matters of record in Register's Office, Cocke County, Tennessee. Also subject to easement right-of-way for road purposes 50 feet in width leading from the North margin of the above-described premises eastwardly across the lands conveyed to Douglas V. Shoemaker et ux by Thomas R. Denton et ux dated May 9, 2005 and of record in Official Records Book 1193, page 725 to the west margin of Johnson Street, in said Register's Office, Cocke County, Tennessee. BEING the same property conveyed to Christy Byrum and husband Benjamin Byrum from Douglas V. Shoemaker and wife Joyce Shoemaker, by Warranty Deed of record in Book 1208, page 83 in, Register's Office, Cocke County, Tennessee. (a/k/a 431 Johnson Street, Newport, TN 37821) Subordinate Lienholders or interested parties: Midland Funding, LLC, Assignee of Aspen Mastercard. Said sale will be in bar of all right homestead, equity of redemption, statutory right of redemption and all other rights and exemptions of every kind, which are waived and surrendered in said Deed of Trust, but subject to any unpaid taxes against the property and all applicable easements, restrictions, and all prior encumbrances. The right is reserved to adjourn the day of the sale to another day certain, without further publication and in accordance with the law, upon announcement of such adjournment on the day and at the time and place of sale set for the above. The proceeds derived from the sale of said property will be applied to the full amount due on the debt and note secured in said Deed of Trust, together with all costs and expenses incident to the sale and foreclosure. The balance if any will be paid to the parties legally entitled thereto. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Allen J. Ware, Jr. Allen J. Ware, Jr., Substitute Trustee ALLEN J. WARE, JR., ATTY. 603 W. Main Avenue, Suite 1004 Knoxville, TN 37902 (865) 523-0519 Publication date: March 18, 25, April 1, 2010
SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated MAY 24, 2005, executed by GERALDINE L PURCELL MARRIED AND CHARLES PURCELL (A/K/A CHARLES E. PURCELL), WIFE AND HUSBAND, to JOHN O. RHEA, Trustee, of record in BOOK 1195, PAGE 506, in the Register's Office for COCKE County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register's Office for COCKE County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on THURSDAY, APRIL 1, 2010, AT 10:00 A.M. (LOCAL TIME), AT THE FRONT DOOR OF THE COCKE COUNTY COURTHOUSE, NEWPORT, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in COCKE County, Tennessee, to wit: PROPERTY LOCATED IN THE COUNTY OF COCKE, TENNESSEE: SITUATE IN THE NINTH (9TH) CIVIL DISTRICT OF COCKE COUNTY, TENNESSEE, AND BEING ALL OF LOT 18 OF DREAM LAND SUBDIVISION, AS SHOWN OF SAME OF RECORD IN MAP BOOK 9, PAGE 21, (MAP CABINET C, SLIDE 47), IN THE REGISTER'S OFFICE FOR COCKE COUNTY, TENNESSEE, TO WHICH MAP SPECIFIC REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECT TO RESTRICTIONS, EASEMENTS, CONDITIONS, MAP NOTATIONS, AND ALL OTHER ISSUES OF RECORD, IN MISC. BOOK 52, PAGE 14, AND MAP BOOK 9, PAGE 21, (MAP CABINET C, SLIDE 47), AND AS ANY OF THE FOREGOING MAY HAVE BEEN AMENDED, CORRECTED OR SUPPLEMENTED, ALL IN THE REGISTER'S OFFICE FOR COCKE COUNTY, TENNESSEE. BEING THE SAME PROPERTY CONVEYED TO CHARLES E. PURCELL (A/K/A CHARLES PURCELL) AND WIFE, GERALDINE L. PURCELL, BY DEED DATED MAY 24, 2005, OF RECORD IN BOOK 1195, PAGE 504, IN THE REGISTER'S OFFICE OF COCKE COUNTY, TENNESSEE. THIS IS IMPROVED PROPERTY KNOWN AS 122 LAUREL TRAIL, COSBY, TENNESSEE 37722. MAP 127J GROUP C CONTROL MAP 127H PARCEL 001.00 THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY. THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433. 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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER. OTHER INTERESTED PARTIES: CHARLES E. PURCELL (A/K/A CHARLES PURCELL) THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This day, February 28, 2010. This is improved property known as 122 LAUREL TRAIL, COSBY, TENNESSEE 37722. J. PHILLIP JONES, Substitute Trustee J. PHILLIP JONES, SUBSTITUTE TRUSTEE SUITE C-205, NASHVILLE HOUSE ONE VANTAGE WAY, NASHVILLE, TN 37228 (615) 254-4430 Publication date: March 4, 22, 18, 2010
HVAC (HEAT PUMP) SEALED BIDS The Newport Housing Authority is accepting sealed bids for 93 HVAC (heat pump) units until 12:00 noon, Wednesday, 4-14-10, at 440 Lennon Circle, Newport, TN 37821. The bids are for equipment only, no installation, FOB delivered. Specifications may be obtained at this address or by calling (423) 623-1575 (ext. 19). The bid will be awarded to the lowest responsible and responsive bidder that meets the requirements of the invitation for bids. We are an equal opportunity agency. We reserve the right to reject any or all bids.
SALE OF REAL ESTATE WHEREAS, by deed of trust dated April 10, 2008, and of record in the Register's Office of Cocke County, Tennessee in Record Book 1284, at page 446, DANIEL WAYNE RICKS, did convey in trust to Keith A. Ketterman, Trustee, the tract of land hereinafter described to secure the payment of a promissory note described therein; and WHEREAS, said promissory note provides that in the event of default in the payment of any portion of said indebtedness, the entire unpaid indebtedness may, at the option of the holder and owner thereof, be declared immediately due and payable; and WHEREAS, default has been made in the payment of certain installments of said indebtedness and the holder and owner thereof has declared the entire unpaid balance now due and payable and has instructed the undersigned trustee to foreclose said deed of trust. NOW, THEREFORE, by virtue of the authority in me vested as trustee under said deed of trust, I will on the 9th day of April, 2010, at the north front door of the Courthouse in Newport, Tennessee at 11:00 o'clock a.m., offer for sale and sell to the highest, best and last bidder for cash in hand, in bar of all rights of statutory or equitable redemption and subject to unpaid property taxes and prior liens, if any, the following described tract of land: TRACT NO. ONE (1): SITUATE in Civil District No. FOUR (4) of Cocke County, Tennessee, and more particularly described as follows: BEGINNING on an iron pin in the southwest margin of Evans Valley Road and a corner to Barnett; thence with the margin of said road, South 51 deg. 01 min. 41 sec. East 101.25 feet to an iron pin corner to remaining lands of Shoemaker; thence with Shoemaker, South 47 deg. 58 min. 24 sec. West 101.25 feet to an iron pin in the northeast margin of a 50 foot right of way now known as Hance Way; thence with the margin of same, North 49 deg. 58 min. 27 sec. West 47.65 feet to an iron pin; thence a curve to the right having a radius of 20.00 feet and a chord of North 25 deg. 48 min. 37 sec. West 16.77 feet, an arc distance of 17.30 feet to an iron pin; thence a curve to the left having a radius of 50.00 feet and a chord of North 23 deg. 46 min. 56 sec. West 38.65 feet, an arc distance of 39.69 feet to an iron pin corner to Barnett; thence with the Barnett line, North 47 deg. 58 min. 24 sec. East 75.09 feet to the BEGINNING, containing 0.21 acres, more or less, according to the survey prepared by Michael A. Ivy, Registered Land Surveyor No. 1834, dated Marcy 27, 2008 and entitled, "Survey of a Portion of the Property of Douglas and Joyce Shoemaker." This conveyance is subject to an easement or right of way for an underground water line running from the water meter and as shown on said plat which, within a reasonable time, Grantors will remove and thus terminate the reserve easement. There is also conveyed a non-exclusive temporary easement for the maintenance of a septic tank and field line on the lands of the Grantors lying to the southeast of the above described premises which easement will terminate as soon as public sewer is installed and is available to the above premises. BEING the same premises conveyed to Daniel Wayne Ricks, Single, by Warranty Deed of Douglas Shoemaker and wife, Joyce Shoemaker, dated April 8, 2008, and of record in the Register's Office of Cocke County, Tennessee in Record Book 1284, at page 444. There is also the 2007 year model Clayton Worthington Mobile Home, Serial No. CLH032247TNAB, now located on the above described property. TRACT NO. TWO (2): SITUATE in Civil District No. TWO (2) of Cocke County, Tennessee, and more particularly described as follows: BEGINNING at the point of intersection of the centerline of Scott Pond Road and the eastern margin of a right of way of undetermined width; thence continuing along the eastern margin of said right of way, South 15 deg. 24' West 150.00 feet, South 32 deg. 30' West 118.00 feet to a point in the centerline of a 50 foot right of way, corner to Randy Spann and Roger Holt, said point being the TRUE POINT OF BEGINNING; thence continuing along the centerline of said 50 foot right of way the following courses: South 45 deg. 11' 00" West 4.65 feet; South 45 deg. 11' 00" West 114.00 feet; South 38 deg. 03' 00" West 288.47 feet; and South 36 deg. 12' 00" West 258.54 feet to a point, corner to a 5.01 acre tract; thence leaving said right of way centerline with the boundary line common with said 5.01 acre tract, South 53 deg. 48' 00" East 173.15 feet to a point; thence North 81 deg. 44' 46" East 410.27 feet to a point, corner to Jack Gregg and Roger Holt; thence with the Roger Holt line, North 01 deg. 48' 00" East 340.14 feet to a point; thence North 40 deg. 56' 00" West 236.33 feet to a point on the eastern margin of the aforesaid 50 foot right of way; thence with said right of way margin, North 36 deg. 40' 00" East 33.92 feet to a point; thence North 22 deg. 51' 00" West 18.52 feet to a point in the centerline of the aforesaid 50 foot right of way, the TRUE POINT OF BEGINNING, containing 4.64 acres, more or less, as shown on plat of survey by Joseph M. Bible, Tennessee RLS No. 168, dated January 14, 1994. There is also conveyed a permanent, non-exclusive right of ingress and egress for and on behalf of the grantees and adjacent property owners along the right of ways leading from Scott Pond Road to and along the northwestern boundary of the above described premises. Said premises are conveyed to subject to one-half of that portion of the 50 foot right of way the centerline of which runs with its northwestern boundary as described hereinabove and as shown on the aforesaid plat. Said premises are conveyed subject to the following conditions and restrictions which shall run with the land: 1. There shall be no trailers and/or mobile homes placed on the property. 2. The owners shall not keep hogs and/or hog lots on the premises. 3. There shall be no abandoned cars, junk cars, or car parts stored or left on the premises. BEING the same premises conveyed to Daniel Wayne Ricks, by Warranty Deed of MJS Land Sales, LLC, dated September 15, 2006, and of record in the Register's Office of Cocke County, Tennessee in Record Book 1242, at page 43. SUBJECT to Oil and Gas Lease of record in Miscellaneous Book 27, at page 279; Assigned to Amco Production Company in Miscellaneous Book 28, at page 338, and Miscellaneous Book 29, at page 45. SUBJECT to the right of way of Scott Pond Road. The parties interested, as defined by T.C.A. 35-5-104, are: (a). Kenneth Ricks, 345 Old Sevierville Highway, Newport, Tennessee 37821. The address of Tract No. One (1) is believed to be 118 Hance Way, Newport, Tennessee 37821. The address of Tract No. Two (2) is believed to be Yore Road, Newport, Tennessee 37821. The right is reserved to adjourn the day of the sale to another day and time certain, without further publication and in accordance with law, upon announcement of such adjournment on the day and at the time and place of sale as set forth above. Dated at Newport, Tennessee on this 16th of March, 2010. J. WILLIAM MYERS, ATTORNEY KEITH A. KETTERMAN, TRUSTEE Publication Dates: March 18, 25, April 1, 2010
SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, AMANTHA HELMS and MICHAEL K. DEWITTE delivered to T. Mike Estes, Trustee, a certain Deed of Trust dated November 20, 2006, found of record in Book No. 1245, page 50, Register's Office for Cocke County, Tennessee, to secure a certain indebtedness fully described therein; and WHEREAS, the owner and holder of the secured indebtedness and the beneficial interest under the Deed of Trust is Farm Credit Services of Mid-America, FLCA; WHEREAS, on January 21, 2010, the holder of the note securing the indebtedness, Farm Credit Services of Mid-America, FLCA executed an Appointment of Substitute Trustee, nominating and appointing A. KEITH LIVINGSTON as Substitute Trustee, instead of the said T. Mike Estes, same being found of record in Book No. 1324, page 861, Register's Office for Cocke County, Tennessee; WHEREAS, default has been made in the payment of said indebtedness and the same has become due and payable, and the owner and holder of said indebtedness has instructed the said Trustee to foreclose said Deed of Trust and to advertise and sell the property herein described upon the terms and conditions set forth in said Deed of Trust; and NOW, THEREFORE, notice is hereby given that I will, on the 7th day of April, 2010, at 10:01 a.m., prevailing standard time, at the Courthouse door in Cocke County, Tennessee, sell at public auction, for cash, to the highest bidder, and in bar of the equitable and statutory rights of redemption, and subject to any and all taxes and any and all assessments, any and all prior encumbrances, if any, the following described real estate as set forth in said Deed of Trust, to-wit: SITUATE in the 5th Civil District of Cocke County, Tennessee, and being more particularly bounded and described as follows: BEING Lot No. 26 of the Allen Hills Subdivision, as shown by map or plat prepared by R. T. Felknor, Civil Engineer, dated September 10, 1966, and of record in Map Book 2, page 61, in the Register's Office for Cocke County, Tennessee. BEING the same property conveyed to Amantha Helms, Unmarried and Michael K. Dewitte, Unmarried by deed from Vondle James and Wilma Arwood, dated November 20, 2006, of record in Instrument Book 1245, page 48, Register's Office for Cocke County, Tennessee. SUBJECT to the conditions and restrictions contained in Decree of Court, of record in Minute Book 21, page 79, Chancery Court, Cocke County, Tennessee. SUBJECT to all matters shown on plat of record in Map Book 2, page 61, Register's Office, Cocke County, Tennessee, including, but not limited to roadways, rights of way, easements, setbacks, utilities, health department limitations and regulations, restrictions, etc. The proceeds derived from the sale of said property will be applied toward payment of the indebtedness, including interest and attorney's fees secured by said Deed of Trust, and the balance, if any, to be paid to the parties legally entitled. 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. Dated this 9th day of March, 2010. A. KEITH LIVINGSTON Substitute Trustee 114 South Main St., Greeneville, TN 37743 The subject property is believed to be located on: Skyline Drive (Lot 26 of the Allen Hills Subdivision; Map 83-C-A, Parcel 8.00). In case of discrepancy between the address and the legal description, the legal description shall control. PUBLICATION DATES: MARCH 11, 18, 25, 2010