TRUSTEE’S SALE

Whereas, by Deed of Trust dated July 14, 2006 David T. Trammell, Jr. and wife, Susan E. Trammell conveyed to the Title Guaranty and Trust Company of Chattanooga, Trustee the property hereinafter described, which said Deed of Trust was filed for record in the Register’s Office of Polk County, Tennessee, in Trust Book 339, Page 275; and,

Whereas, default having been made in the payment of said indebtedness described in said Deed of Trust, the owner and holder has demanded the foreclosure of said Deed of Trust for the purpose of payment of said debt.

Now, therefore, under and by virture of the authority vested in the undersigned by said Deed of Trust above referred to, the Trustee will, on October 15, 2008 starting at 11:00 A.M. EST at the Polk County Courthouse, expose for sale to the highest and best bidder for cash and in bar of all equities of redemption, homestead and dower and all other rights and exemptions of any kind, the following described real estate in Polk County, Tennessee:

IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:

BEGINNING at the Southwest corner with Donald Mantooth and County Road; thence East with line of Donald Mantooth to corner with T.J. Brackett; thence North with line of T.J. Brackett to County Road; thence West with County Road to corner with road going South; thence South with road to the beginning point. For prior title, see Deed recorded in Deed Book 245, Page 406, in the Register’s Office of Polk County, Tennessee. Address is 168 Old Fort Rd. Old Fort, TN 37362/

This conveyance is made subject to governmental zoning and subdivision ordinances, easements, restrictions, all taxes and assessments that are a lien, and any oral announcements made at the time of the sale. The Trustee makes no covenants of warranty or seizing, but will sell and convey as Trustee only.

This 15th day of September, 2008.

Title Guaranty and Trust Company of Chattanooga, Trustee

By: Jason L. Eslinger, Executive Vice President

Insertion Dates: September 17, 24, October 1, 2008.

 IN THE CHANCERY COURT OF

POLK COUNTY, TENNESSEE

Docket No. 7372

Office of Clerk and Master for Polk County, Tennessee, this the 2nd day of September, 2008.

IN RE: THE ADOPTION OF CARLA ALEXIS SHIPERS, D.O.B. 11/5/2006

JUSTIN KENDALL LYLE and

REBECCA JANE LYLE

VS.

ISAIAH JAMES SHIPERS, Respondent

PUBLICATION

PURSUANT TO ORDER FOR PUBLICATION

It appearing from the Petitioners in this cause, which is sworn to, that the Respondent, Isaiah James Shipers, is a non-resident of the State of Tennessee; and it further appearing that Petitioners have employed all reasonable means to determine Respondent’s whereabouts, but Respondent is not to be found whereas the ordinary process cannot be served upon him.

It is therefore ordered that said Respondent, Isaiah James Shipers will appear and make defense within thirty (30) days to the Complaint, or the same will be taken as confessed and set for hearing ex parte, and that a copy of this order be published for four (4) consecutive weeks in the Polk County News, a newspaper published in Polk County, Tennessee, and that publication shall also be made in the Cherokee Scout, a newspaper published in Cherokee, North Carolina.

Entered this 2nd day of September, 2008.

Kimberly A. Ingram, Clerk and Master

Attorney for Petitioners:

Laura M. Crawford

P.O. Box 930

Ducktown, TN 37326

To be ran: 9/10, 9/17, 9/24, 10/1

Default has been made in payment of the indebtedness owed to FSG Bank N.A.  described in the Deed of Trust executed by Melissa Murray on August 8, 2006 and recorded August 14, 2006, in Book TD340, page 436-440, in the Register’s Office of Polk County, Tennessee.

The holder of the Note described therein having declared the entire balance of the indebtedness due and payable, the undersigned as Successor Trustee pursuant to an appointment at said Register’s office, will at 11:00 a.m. on Friday, October 17, 2008, sell at public auction to the highest and best bidder for cash, at the West door of the Polk County Courthouse in Benton Tennessee, in bar of the equities of redemption, homestead, dower, and all other rights and exemptions of every kind, the following real estate in Polk County, Tennessee, known as 4877 Highway 411, Benton, Tennessee 37307, to-wit

 IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:

TRACT ONE:

BEGINNING at an iron pin in the Northwest line of US 411 at the present Southeast corner of Wayne Cartwright, being the property acquired in the Deed Book 178, Page 106; thence along the new line of US Highway 411 South 17_ 22' 39" West, 106.90 feet; thence along a division line, North 72_ 36' 28" West, 149.38 feet; thence along the line of Hiwassee Land, North 17_ 25' 0" East, 106.90 feet; thence along the land of Cartwright, South 72_ 36' 28" East 149.31 feet to the beginning point.  Said tract shown by survey of Doyle A. McCracken, TRLS #745 styled “Roy and Linda Keith” dated 9-20-04.

For prior title, see Deed recorded in Deed Book 234, Page 204, in the Register’s Office of Polk County, Tennessee.

TRACT TWO:

BEGINNING at an iron pin in the Northwest line of US Highway 411 at its intersection with the Southwest line of property of McNeal, being the property acquired in Deed Book 107, Page 125, thence along a new right of way US Highway 411 South 17_ 25' 0" West, 85.0 feet; thence North 72_ 35' 0" West, 140.89 feet; thence along the line of Hiwassee Land Company, North 17_ 25' 0" East, 85.00 feet; thence along the line of McNeal, South 72_ 35' 0" East, 140.89 feet to the beginning point.

For prior title, see Deed recorded in Deed Book 234, Page 202, in the Register’s Officer of Polk County, Tennessee.

LESS AND EXCEPT that portion conveyed to the State of Tennessee for right of way purposes, as described in Deed Book 218, Page 493, in the Register’s Office of Polk County, Tennessee.

The above-described property is not the homestead property of the Grantor(s) herein.  

THIS CONVEYANCE MADE SUBJECT TO THE FOLLOWING:

Any governmental zoning and subdivision ordinances in effect thereon.

Any covenants, conditions, restrictions, reservations or easements of record.

South Central Bell Easement as set out in instrument recorded in Deed Book 151, Page 50, in the Register’s Office of Polk County, Tennessee.  

Map & Parcel 044-032.06

Interested Parties:     None

 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.

Said Deeds of Trust recite title to said real estate as unencumbered, except as aforesaid, but the sale will be made as Successor Trustee only, without covenants of warranty or seizin, and subject to any unpaid taxes or other liens, easements, or restrictions.

In the event the highest bidder does not honor the highest bid, the next highest bidder at the next highest bid will be deemed the successful bidder.

The Trustee reserves the right to adjourn the sale date to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above.

THOMAS L. N. KNIGHT

Successor Trustee

701 Market Street, Suite 700

Chattanooga, Tennessee 37402

(423) 267-1158; fax 265-8707

Publication dates: September 24, October 1 and 8, 2008.    

Laura Rivers, a/k/a Laura M. Rivers, a/k/a Laura M. J. Rivers (the “Borrower”) conveyed to the hereinafter named Trustees real property in Polk County, Tennessee by the following instruments, all of record in the Register’s Office of Polk County, Tennessee, to secure payment of the debts and obligations described in said instruments, to wit: (1)  Tennessee by Deed of Trust to Tri State Land Title, Trustee, dated September 29, 2006, recorded October 5, 2006 in Book TD344, page 215, and re-recorded on October 20, 2006 in Book TD345, page 85, (2) Deed of Trust, Security Agreement and Fixtures Filing to BB&T Collateral Service Corporation, a Tennessee corporation, Trustee, dated as of July 16, 2007, recorded September 4, 2007 in Book TD365, page 253, and (3) Deed of Trust, Security Agreement and Fixtures Filing to BB&T Collateral Service Corporation, a Tennessee corporation, Trustee, dated as of October 18, 2007, recorded November 5, 2007 in Book TD369, page 52, as affected by Deed of Trust Extension Agreement recorded December 27, 2007 in Book TD371, page 212 (collectively, the “Deeds of Trust”).

Branch Banking and Trust Company (the “Bank”) is the owner and holder of the debts and obligations secured by and the beneficiary of the Tennessee Deed of Trust named first above as successor by merger to The Home Bank, the beneficiary named therein, and is the owner and holder of the debts and obligations secured by and the beneficiary of the Deeds of Trust named second and third above as the named beneficiary in said instruments.

By instruments recorded in Book MS129, page 120, in Book MS129, page 122, and in Book MS 129, page 119 in said Register’s Office, the Bank, as such owner, holder and beneficiary, appointed Richard B. Gossett, as Substitute Trustee.

Default has been made in the payment of debts and obligations secured by the Deeds of Trust.  The Bank, as owner and holder of the debts and obligations secured by the Deeds of Trust, has declared the entire balance due and payable and has instructed the Substitute Trustee to foreclose the Deeds of Trust in accordance with its terms and provisions.

NOW, THEREFORE, the Substitute Trustee, on Friday, October 17, 2008, commencing at      11:00 a.m. at the main entrance of the Polk County Courthouse in Benton, Tennessee, will offer for sale and sell at public auction to the highest and best bidder for cash the property therein conveyed and described as follows:

PARCEL 1:  All that certain tract or parcel of land lying and being in Sections 1, 2, and 12, Fractional Township 4 South, Range 5 East of the Ocoee Basis Line, Third Civil District of Polk County, Tennessee, containing 17.84 acres more or less according to plat of survey by Lane S. Bishop and Associates, Lane S. Bishop, Tennessee Registered Land Surveyor No. 1324 entitled “Dale K. Snyder” dated June 1, 2006 and from said plat of survey is more particularly described as follows: BEGINNING at an iron pin set on the South side of the right of way easement corridor for the eastbound lane of U.S. Highway 64, said beginning point being the Northwest corner of the property herein described, corner common to now or formerly Sisson (Deed Book 200 Page 358).  From said point of beginning, along with the aforementioned right of way in a curve to the left a distance of 120.72 feet subtended by a chord North 74 deg 02’ 54” East a distance of 120.69 feet, radius = 1582.76 feet to a right of way monument found; thence North 68 deg 49’ 36” East a distance of 839.54 feet to a right of way monument found; thence South 86 deg 02’34” East a distance of 349.49 feet to a point being the Northeast corner of the property herein described, corner common to now or formerly TN Mountain Developers (Deed Book 207 Page 39).  Thence leaving the aforementioned right of way easement corridor and along a line common to now or formerly TN Mountain Developers South 57 deg 33’ 53” West a distance of 50.95 feet to an iron rod found placed by a previous surveyor; thence continuing South 57 deg 33’ 53” West a distance of 355.69 feet to an iron rod set; thence South 51 deg 53’ 59” West a distance of 401.91 feet to an iron rod set; thence South 01 deg 24’ 01” East a distance of 255.39 feet to an iron rod set; thence South 62 deg 16’ 50” East a distance of 332.62 feet to an iron rod set; thence South 38 deg 58’ 21” East a distance of 626.10 feet to an iron rod set; thence South 62 deg 52’ 30” East a distance of 246.20 feet to an iron rod set at or near the West side of a 16-foot gravel roadway having a 50-foot easement corridor, 25-feet on each side of the centerline thereof.  Thence along with the West side of said roadway in a curve to the left a distance of 79.39 feet subtended by a chord South 02 deg 00’ 42” East a distance of 79.34 feet to an iron rod set on the West side of said roadway, said point being the Southeast corner of the property herein described, corner common to now or formerly Mt. View Developers.  Thence leaving said roadway North 80 deg. 31’ 59” West a distance of 662.58 feet to an iron pin set at a corner common to now or formerly TN Mountain Developers and now or formerly Snyder (Deed Book 216 Page 148).  Thence leaving the line common to TN Mountain Developers along a line common to now or formerly Snyder North 18 deg 35’ 06” West a distance of 387.07 feet to an iron pin found; thence North 63 deg 09’ 17” West a distance of 560.76 feet to an iron pin found 3” pipe filled w/concrete with a _ inch rebar in its center, said point being located at the intersection of Sections 1, 2, 11 and 12, said point being a corner common to now or formerly Snyder and Sisson (Deed Book 133 Page 286).  Thence leaving the line common to now or formerly Snyder and along a line common to now or formerly Sisson North 54 deg 09’ 14” West a distance of 144.94 feet to an iron pin found at a corner common to now or formerly Sisson (Deed Book 133 Page 286) and now or formerly Sisson (Deed Book 200 Page 358).  Thence North 14 deg 22’ 19” West a distance of 442.05 feet to the point and place of BEGINNING.  Containing 17.84 acres more or less according to the aforementioned survey plat.  Should there be a discrepancy between the aforementioned survey plat and the above metes and bounds description, the survey plat shall prevail.

BEING also described as all that tract or parcel of land lying and being in the Third Civil District of Polk County, Tennessee, containing 17.90 acres, more or less, and being more particularly described as follows: BEGINNING at an iron pin set on the Western edge of a 50 foot right of way for Country Club Lane, a 25 foot private road, said iron pin being located on the Southeast corner of the property herein described, corner common to Tennessee Mountain Developers (DB 208 P 39) Fairway #10.  Thence leaving the aforementioned right of way and along a line common to Fairway #10, North 82 deg 27’ 40” West a distance of 662.58 feet to a _ inch rebar, corner common to Fairway #10 and Sheridan Snyder (DB 216 P 148).  Thence leaving the line common to Fairway #10 and along a line common to Snyder North 20 deg 30’ 18” West a distance of 387.01 feet to a _ inch rebar, corner common to Snyder and Sisson (DB 200 P 358 and DB 133 P 286).  Thence leaving the line common to Snyder and along a line common to Sisson, North 65 deg 05’ 50” West a distance of 560.66 feet to TCC Monument No. 125 located at the corner of Section 2, Section 1, Section 11 and Section 12.  Thence continuing North 56 deg 02’ 06” West a distance of 145.13 feet to a _ inch rebar found on the corner of the property herein described, corner common to Sisson and Carr (DB 135 P 88).  Thence leaving the line common to Sisson North 16 deg 18’ 00” West a distance of 442.03 feet to a point on the right of way for TN Highway No. 64.  Thence leaving the line common to Carr and along a line common to right of way for TN Hwy No. 64, thence in a curve to the left 121.73 feet subtended by a chord North 72 deg 17’ 24” East a distance of 121.70 feet, radius equals 1482.76 feet; thence North 66 deg 30’ 40” East a distance of 836.87 feet to a right of way marker; thence South 81 deg 42’ 45” East a distance of 314.10 feet to an iron pin set, corner common to aforementioned right of way and Fairway #8.  Thence leaving the aforementioned right of way and along a line common to Fairway #8, South 55 deg. 38’ 12” West a distance of 355.69 feet; thence South 49 deg 58’ 18” West a distance of 401.91 feet; thence South 03 deg 19’ 42” East a distance of 255.39 feet; thence South 64 deg 12’ 31” East a distance of 332.62 feet to an iron pin set.  Thence leaving the line common to Fairway #8 and along a line common to Fairway #9, South 40 deg 54’ 02” East a distance of 626.10 feet; thence South 64 deg 48’ 11” East a distance of 246.20 feet to an iron pin set on the eastern right of way for Country Club Lane.  Thence leaving the line common to Fairway #9 and along the aforementioned right of way, in a curve to the left 79.39 feet subtended by a chord South 03 deg 56’ 23” East a distance of 79.34 feet, radius equals 626.02 feet to the point of BEGINNING, containing 17.90 acres, more or less according to a plat for Tennessee Mountain Developers dated January 2001 by Phillip G. Allen, R.L.S. #1530, 1400 East Pine Ridge Rd., Murphy, NC 28906.  Said plat is incorporated herein by reference for a more complete metes and bounds description of the property herein described.  Should there be a discrepancy between the legal description herein and the aforementioned survey plat, the survey plat shall prevail.

Subject to existing easements and rights of way for public roads, if any.  Also subject to Polk County, Tennessee Subdivision regulations, Mobile Home regulations and any zoning or other ordinances, if any.

Together with right of ingress, egress and utility service along existing roads to the subject property.

PARCEL 2:  All that tract or parcel of land lying and being in the Third Civil District of Polk County, Tennessee containing 10.09 acres, more or less, and being more particularly described as follows: BEGINNING at a point located on the Northwest corner of the property herein described, said point being located on the East side of 50 foot right of way for Airport Road, a 16 foot paved county road, corner common to Davila.  From said point of beginning, along a line common to Davila, thence South 36 deg 29’ 25” East a distance of 461.90 feet to an iron pin; thence North 26 deg 24’ 39” West a distance of 245.26 feet to an iron pin found, corner common to Davila and Sisson.  Thence leaving the line common to Davila and along a line common to Sisson, North 76 deg 50’ 16” East a distance of 322.31 feet; thence North 31 deg 42’ 19” East a distance of 719.93 feet to an iron pin found, said iron pin being located on the Northeast corner of the property herein conveyed, corner common to Sisson and Tennessee Mountain Developers.  Thence leaving the line common to Sisson and along a line common to Tennessee Mountain Developers, South 20 deg 30’ 18” East a distance of 387.01 feet; thence South 31 deg 24’ 30” West a distance of 643.01 feet; thence South 56 deg 04’ 35” West a distance of 183.17 feet; thence South 79 deg 44’ 57” West a distance of 498.74 feet to an iron pin set.  Said iron pin being located on the Southwest corner of the property herein described and being located on the East side of aforementioned right of way for Airport Road.  Thence leaving the line common to Tennessee Mountain Developers and along the East edge of the right of way for Airport Road the following seven (7) calls and distances: North 05 deg 26’ 18” West a distance of 80.00 feet; thence North 04 deg 10’ 45” West a distance of 104.44 feet; thence North 01 deg 22’ 41” West a distance of 87.50 feet; thence North 01 deg 09’ 21” East a distance of 79.64 feet; thence North 00 deg 30’ 18” East a distance of 67.54 feet; thence North 00 deg 32’ 13” West a distance of 84.15 feet; thence North 00 deg 20’ 19” East a distance of 65.49 feet to the point of BEGINNING, containing 10.09 acres, more or less according to plat for Tennessee Mountain Developers dated October 2000, by Phillip G. Allen, R.L.S. #1530, 1400 East Pine Ridge Rd., Murphy, NC 28906.  Said plat is incorporated herein by reference for a more complete metes and bounds description of the property herein described.  Should there be a discrepancy between the legal description herein and the aforementioned survey plat, the survey plat shall prevail.

Together with right of ingress, egress and utility service along existing roads to the subject property.  Subject to existing easements and rights of way for public roads, if any.  Also subject to Polk County, Tennessee Subdivision regulations.

PARCEL 3:  (Lot 29)  All that tract or parcel situate, lying and being in the Third Civil District of Polk County, Tennessee, and being part of Sections 5 and 32 in Fractional Township 3 and 2, South Range 5 East of the Ocoee Basis Line, being located in Turtle Creek Acres Subdivision off Highway 68 in the Turtle Town area and being more particularly described as follows:  BEGINNING at a point located on the West right of way of a 20 foot graveled road known as Turtle Run Road, said point of beginning being a corner common to the Northeastern corner of the property herein described, said right of way and the Northern corner of Lot 28 (property of Bryant Lot 28); from said beginning leaving Bryant property and along and with said right of way in a left hand curve a distance of 192.39 feet subtended by a chord South 33 deg 57’ 09” a distance of 192.09 feet radius equals 986.06 feet; thence in a right hand curve a distance of 179.70 feet subtended by a chord South 35 deg 09’ 18” West a distance of 179.30 feet radius equals 777.02 feet to an iron pin; thence leaving said right of way North 41 deg 59’ 31” West a distance of 689.24 feet to a point; thence North 87 deg 21’ 57” East a distance of 564.81 feet to an iron pin and being corner common to the Northwest corner of the aforementioned Lot 28; thence along with Lot 28 South 14 deg 37’ 02” East a distance of 162.11 feet to an iron pin; thence South 41 deg 24’ 50” East a distance of 100.56 feet to the point of beginning, containing 4.29 acres, more or less, as surveyed by Lane S. Bishop, T.R.L.S. No. 1324, being Lot 29 as on said plat of survey.  Said plat recorded in Plat Book 8, page 232 in the Register of Deeds Office, Polk County, Tennessee.  Bounded on North by Hampton, East by Bryant, Southeast by right of way of Turtle Run Road, and Southwest by Lot 30.

Subject to 60 foot utility easement along interior road right of way as shown on aforementioned recorded survey plat.  Subject to setback lines, 35 feet along roads, 10 feet along side property line, and 15 feet along rear property lines, as described on aforementioned recorded survey plat.

Lot 29 is approved by the Polk County Health Department.  Polk County Health Department should be contacted before grading.

Excepted from the above described property is 0.22 acre, more or less, to John C. Rivers and wife, Laura J. Rivers, for a family cemetery.

Hydrocarbon estate, gas, oil and helium etc. rights and rights of ingress and egress heretofore reserved by Cities Service Company in Book 108, pages 289-327 recorded in the Register of Deeds Office, Polk County Tennessee.

For source of title on mineral rights see Deed Book 207, page 390 recorded on November 20, 1998 in the Register of Deeds Office, Polk County, Tennessee.  However, gas, oil and helium rights etc. are reserved by Cities Service Company.

PARCEL 4:  (Lot 30)  All that tract or parcel of land lying in the Third Civil District of Polk County, Tennessee, and being part of Section 5 in Fractional Township 3 South, Range 5 East of the Ocoee Basis Line and being more particularly described as follows: BEGINNING at an iron pin located on the West right of way of a 20 foot gravel road known as Turtle Run Road, said right of way being 60 feet in width, said point of beginning also a corner common to the most Eastern corner of the property herein described and the most Southern point of Subdivision Lot No. 29 (Rivers property) from said point of beginning, also with said right of way in a right hand curve 121.29 feet subtended by a chord South 46 deg 15’ 10” West 121.17 feet, radius equals 777.02 feet; thence in a left hand curve a distance of 167.67 feet subtended by a chord South 39 deg 43’ 34” West a distance of 166.93 feet, radius equals 514.91 feet to a point being a corner common to the most Southern point of the property herein described and the most Eastern point of Lot No. 31; thence leaving said right of way and along with Lot No. 31; North 41 deg 26’ 34” East 580.40 feet to an iron pin at an existing fence (corner) being corner common to Loudermilk; thence leaving Lot No 31 and along with Loudermilk property line North 11 deg 42’ 13” West 313.37 feet to a point in the centerline of a stream; thence along with said centerline the following 2 calls and distances: North 45 deg 45’ 05” East 158.85 feet; thence North 24 deg 43’ 11” East 41.76 feet; thence leaving centerline South 64 deg 21’ 5” East 111.0 feet to TCC Monument No. 286, said Monument located on the line dividing Section 32 Fractional Township 2 and Section 5 Fractional Township 3; thence leaving Fractional Township line South 23 deg 07’ 42” West 128.55 feet to an iron pin and corner common to the property herein described and Lot No. 29; thence along and with Lot 29 South 41 deg 59’ 31” East a distance of 689.24 feet to the point of BEGINNING, containing 5.18 acres, more or less as surveyed by Lane S. Bishop, T.R.L.S. No. 1324, being subdivision Lot No. 30 on said plat.  Said Plat Book 4, pages 32-35 in the Register of Deeds Office, Polk County, Tennessee.  Bounded on the North by Rivers, East by right of way of Turtle Run Road, South by Lot 31, Northwest by Loudermilk.

PARCEL 5: (Lot 31)  All that tract or parcel of land lying in the Third Civil District of Polk County, Tennessee, and being part of Section 5 in Fractional Township 3 South, Range 5 East of the Ocoee Basis Line and being more particularly described as follows:  BEGINNING at an iron pin located on the most Eastern point of the property herein described, at a corner common to the most Southern point of Lot 30, said point of beginning being located on the West right of way of a 20 foot gravel road known as Turtle Run Road, said right of way being 60 feet in total width; from said point of beginning leaving property line of Lot 30 and along with said right of way the following 2 calls and distances: South 32 deg 12’ 08” West 242.48 feet; thence South 36 deg 52’ 0” West 248.48 feet to an iron pin; thence leaving said right of way North 27 deg 30’ 20” West 854.61 feet to an iron pin at an existing fence line; thence along with said fence line North 74 deg 19’ 32” East a distance of 300.0 feet to a fence corner at the property line of Lot 30; thence along with Lot 30 property line South 41 deg 26’ 34” East a distance of 580.40 feet to the point of beginning, containing 6.10 acres, more or less, as surveyed by Lane S. Bishop, T.R.L.S. No. 1324, said plat recorded in Plat Book 4, pages 32-35 in the Register of Deeds Office, Polk County, Tennessee.  Bounded on the Northwest by Loudermilk, Northeast by Lot 30, East by right of way of Turtle Run Road.

Subject to the 60 foot utility easement along interior road rights of way as shown on aforementioned recorded survey plat.

Subject to setback lines, 35 feet along road, 10 feet along side property lines, and 15 feet along rear property lines as shown on aforementioned recorded survey plat.

Subject to existing easements and rights of way for public roads, if any.  Also subject to Polk County, Tennessee Subdivision regulations, Mobile Home regulations and any zoning or other ordinances, if any.  Also subject to City of Copperhill zoning regulations.

Together with right of ingress, egress and utility service along existing roads to the subject property.

PARCEL 6:  (Lot 9) A certain tract of land situated in Section 5, Fractional Township Three, South Range Five, East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee and being Lot 9 of Turtle Creek Acres as shown on survey and plat by Lane S. Bishop, Registered Land Surveyor No. 1324.  Said Plat recorded on September 18, 1987, in Plat Book 4, Pages 32-35 in the Register of Deeds Office, Polk County, Tennessee and said Lot 9 being more particularly described as follows:  BEGINNING at an iron pin located on the East right of way of Turtle Run Road, said right of way being 50 feet in total width, said point of beginning being the Northwest corner of the property herein described; from said point of beginning leaving said right of way South 78 deg 53’ 23” East a distance of 210.0 feet to an iron pin; thence South 0 deg 11’ 40” East a distance of 192.44 feet to an iron pin; thence North 85 deg 58’ 42” West a distance of 190.0 feet to an iron pin located on the aforementioned right of way of Turtle Run Road; thence along with said right of way in a right hand curve a distance of 251.50 feet subtended by a chord North 04 deg 28’ 30” West a distance of 220.25 feet, radius equals 142.85 feet to the point of beginning, containing 1.11 acres, more or less as shown on above described plat.  Said plat made a part of this description and hereby incorporated by reference.  Bounded on the West by right of way of Turtle Run Road, on the North by Lot 10, on the East by Lot 11 and on the South by Lot 6 of said Turtle Creek Acres Subdivision.

Subject to hydrocarbon estate, gas and oil rights heretofore reserved by Cities Service Company.

Subject to existing easements and rights of way for public roads, if any.  Also subject to Polk County, Tennessee Subdivision regulations and Mobile Home regulations.

Together with the non-exclusive right of ingress, egress and utility service along existing roads to the subject property.

Subject to existing easement in favor of Tri State Electric Membership Corporation recorded in Deed Book 131, page 235; Deed Book 127, page 348 in the Office of the Register of Deeds, Polk County, Tennessee.

Subject to 35 feet setback along road frontage and 10 feet setback on all other property lines as described on plat.

PARCEL 7:  (Lot 16) All that tract or parcel situated in Section Five, Fractional Township Three, South Range Five, East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee being Lot 16 of Turtle Creek Acres, according to Plat by Lane S. Bishop, Registered Land Surveyor, Tennessee No. 1324.  Said plat recorded on September 18, 1987 in Plat Book 4, pages 32-35 in the Register of Deeds Office, Polk County, Tennessee.

Subject to existing easements and rights of way for public roads, if any.  Also subject to Polk County, Tennessee Subdivision regulations, Mobile Home regulations and any zoning or other ordinances, if any.  Also subject to City of Copperhill zoning regulations.

Subject to hydrocarbon estate, gas and oil rights heretofore reserved by Cities Service Company recorded in Deed Book 133, page 129 in the Office of the Register of Deeds of Polk County, Tennessee.

Subject to a 35 feet setback along road frontage and 10 feet setback on other property lines as shown on plat, recorded in Deed Book 133, page 129 in the Office of the Register of Deeds Office, Polk County, Tennessee.

Together with right of ingress, egress and utility service along existing roads to the subject property.

    The sale shall be 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 Deeds of Trust, but subject to the following:  (a) unpaid taxes against the property; (b) recorded easements, restrictions, conditions, covenants, rights-of-way or subdivision plats affecting the property; (c) dedication of roads affecting the property and applicable governmental zoning and subdivision ordinances and regulations, (d) prior or superior liens, judgments, deeds of trust or other interests of record; and (e) matters that an accurate survey of the property might disclose.

    Notice has been given pursuant to the provisions of 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, and T.C.A. §§ 50-7-404(i)(2)(B) and 67-1-1433(b)(2) and Rule 1320-2-1-.35, if applicable.

    The Property Is To Be Sold Without Covenants Or Warranties, Whether Express Or Implied, Including Without Limitation, Warranties Of Merchantability Or Fitness For A Particular Use Or Purpose.

The following items, recorded in said Register’s Office, may be adversely affected by the foreclosure sale:  None.

Substitute Trustee, at his sole discretion, at the time and place appointed above for the sale, to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances, reserves the right to do any or all of the following:

1.  Postpone the sale of all or any portion of the property by public announcement at such time and place of sale, and from time to time thereafter postpone such sale by public announcement at the time fixed by the preceding postponement or subsequently noticed sale, and, without further notice, make such sale at the time and place fixed by the last postponement, or in his discretion, give a new notice of sale.

2.  Appoint an agent to sell the property in accordance with the power of sale contained in the Deed of Trust and to take other action which the Substitute Trustee may take thereunder.

3.  Elect to delay the sale for a reasonable time during regular business hours on the same day to be continued at the same place at the announced time in order to enable any bonafide bidder to determine and submit a bid, so long as no potential purchaser is thereby precluded from placing a bid.

4.  Elect to sell the property in any other manner or manners as may accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances.

The failure of the high bidder to close this sale shall be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is capable and willing to comply with the terms thereof.  The proceeds of the sale will be applied as provided in the Deed of Trust.

/s/ Richard B. Gossett, 633 Chestnut St., Ste. 1800, Chattanooga, Tennessee 37450, (423) 756-2010.

Joshua J. Hoefgen,

Plaintiff

Vs.

Trish E. Hoefgen,

Defendant

State of Tennessee

County of Polk:

In this cause, it appearing from the complaint, which is sworn to, that the defendant, Trish E. Hoefgen, is a non-resident of the State of Tennessee; and it further appearing that his/her whereabouts cannot be ascertained after diligent inquiry, so that ordinary process cannot be served upon him/her.

It is, therefore, ORDERED, that said defendant file an answer with the Polk County Clerk of Courts, P.O. Box 256, 161 Industrial Access Park, Benton, Tennessee 37307 within thirty (30) days of the last date of publication, or judgment by default may be entered and the cause set for hearing ex parte. This notice will be published in the Polk County News for four (4) consecutive weeks.

This 8th day of February, 2008.

Connie H. Clark

Clerk of Courts

NOTICE TO CREDITORS

Estate of Betty Frances Moorhouse (Deceased)

Notice is hereby given that on the 4th day of September, 2008, Letters Testamentary in respect of the estate of Betty Frances Moorhouse, deceased, were issued to the undersigned by the Probate Court of Polk County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against her estate are required to file same with the Clerk of the Chancery Court within four (4) months from the date of the first publication of this notice, otherwise their claims will be forever barred.

This 4th day of September, 2008.

Signed, Deborah Anne Bishop Davis

Executor/Administrator

Estate of Betty Frances Moorhouse,

Deceased

Attorney: Denny E. Mobbs

P.O. Box 12

Cleveland, TN 37364-0012

To be ran: 9/24, 10/1