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NOTICE OF SUCCESSOR TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust dated December 11, 2011, of record in Book TD 450, Page 180, Register’s Office for Polk County, Tennessee, (“ROPC”) from James C. Justice and wife, Lori L. Justice (“Borrower”) to Douglas N. Blackwell (“Trustee”) securing the indebtedness herein described, which indebtedness is now due and unpaid, and has been declared in default by the owner and holder thereof; and
WHEREAS, the undersigned, Douglas R. Johnson, Successor Trustee, having been appointed Successor Trustee of record in Book MS 150, Page 79, said Register=s Office, to serve in the place and stead of Douglas N. Blackwell, Trustee; and
NOW, THEREFORE, I, Douglas R. Johnson, Successor Trustee, pursuant to said Deed of Trust, having been requested by First Volunteer Bank fka First Volunteer Bank of Tennessee, 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 August 1, 2014 at 3:30 p.m., at the west door of the Polk County Courthouse in Benton, Polk 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 located in the First Civil District of Polk County, Tennessee:
BEGINNING at a point in the West line of Woody Road at its intersection with the Northeast line of Leonard Heath; thence North 23 degrees 30 minutes East along the West line of Woody Road, 140 feet to a point; thence Northwesterly 310 feet to a point; thence Southwesterly 160 feet to a point located in the Northeast line of Leonard Heath; thence South 66 degrees 59 minutes, East along the North line of Heath, 310 feet to the beginning point.
BEING the property conveyed to Grantors by deed recorded in Deed Book 243, Page 365, ROPC.
This property is commonly known as:  615 Lillard Road, Benton, Tennessee 37307
            Map & Parcel  027-014.07
Notice of the Trustee’s foreclosure sale has been provided to all interested parties.
This sale is subject to liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.
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 /Successor 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.
Dated: July 3, 2014     Douglas R. Johnson, Successor Trustee
Post Office Box 2188
Chattanooga, TN 37409
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION GATHERED WILL BE USED FOR THAT PURPOSE.


NOTICE TO CREDITORS

ESTATE OF MARIAN S. THOMAS (deceased) No. 2014-PR-31

Notice is hereby given that on the 1st day of July, 2014, Letters of Administration in respect of the estate of Marian S. Thomas, deceased, who died May 7, 2014, were issued to the undersigned by the Probate Court of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured and unmatured, against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred:
(1)    (A) Four months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of this notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or

(2)    Twelve (12) months from the decedent’s date of death.
Randall Thomas
Personal Representative
Kimberly A. Ingram
Clerk & Master
Ginger Wilson Buchanan
Attorney for the Estate of Marian S. Thomas
P.O. Box 1083
Vlaveland, Tennessee 37364-1083
423-614-4035
BPR No. 017620


NOTICE TO CREDITORS

ESTATE OF JO ANN NEWTON (deceased) Docket No. 2014-PR-32

Notice is hereby given that on the 3rd day of July, 2014, Letters Testamentary (or of Administration as the case may be) in respect of the estate of Jo Ann Newton, deceased, who died November 27, 2013, were issued to the undersigned by the Chancery Court (Probate Division) of Polk County, Tennessee. All persons, resident and non-resident, having claims, matured and unmatured, against the estate are required to file the same with the Clerk of the Chancery Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred:
(1)     (A) Four months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or
 (B) Sixty (60) days from the date the creditor received an actual copy of this notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (A); or
(2)    Twelve (12) months from the decedent’s date of death.
This 3rd day of July, 2014.
Jerry Gilliam
Executor/Administrator
Laura M. Crawford
Attorney for the Estate
337 Main Street, P.O. Box 930
Ducktown, TN 37326
Kimberly A. Ingram
Clerk



NOTICE OF FORECLOSURE

WHEREAS, on October 9, 2001, FERRIS MALOOF and wife, ANN MALOOF, (together, the “Grantor”), executed an Open-End Deed of Trust recorded in Trust Book 265, Page 105, as modified by Amendments to Deed of Trust of record in Trust Book 277, Page 691, Trust Book 284, Page 31, and Trust Book 346, Page 6, Register’s Office for Polk County, Tennessee (“Register’s Office”) (collectively, “Deed of Trust”), to Billy D. Baliles, Trustee, for the beneficial interest of COMMUNITY & SOUTHERN BANK, assignee  of Appalachian Community Bank, to secure the payment of obligations as described in the Deed of Trust; and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and
WHEREAS, Erika R. Barnes was duly appointed as Successor Trustee in the place of Billy D. Baliles and Ronald G. Steen,  Jr., and any and all prior Trustees or Substitute/Successor Trustees, by appointment recorded in Miscellaneous Book 150, Page 141, Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Erika R. Barnes, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Friday, August 1, 2014 at 12:00 Noon, prevailing Eastern time, at the front door of the Polk County Courthouse, 6239 Hwy 411, Benton, TN 37307 in the manner further described herein, offer the Real Property for sale to the highest bidder for cash, all rights to homestead, curtesy and dower, appraisement, and the marshaling of liens and assets relating to the Property, and all other exemptions, all of which are expressly waived in the Deed of Trust. The term “Property” as used herein shall mean all of Grantor’s right, title and interest in and to the following described real property, together all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to such property, including without limitation all minerals, oil, gas, geothermal and similar matters:
A certain tract of land situated in Section 36 Fractional Township 3 South Range 5 East of the Ocoee Basis line in the Third Civil District of Polk County, Tennessee and being more particularly described as follows:
BEGINNING at an iron pin located South 08º 11 West 1149.27 feet from a 1 1/4” steel rod, said point of beginning being a corner common to the Northeast corner of the property herein conveyed, other Stilley property and the Shell property, said point of beginning being located on the state line dividing Tennessee and North Carolina; from said point of beginning along with said state line, South 08º 11 West a distance of 926.72 feet to an iron pin and corner common to the Southeast corner of the property herein conveyed, an old fence line, said Stilley property and the Moran property; thence leaving said state line and along with Moran property line, also along with old fence line, North 87º 38’ West a distance of 789.57 feet to an iron pin and corner common to the property herein conveyed, said Moran property and the Wunderly property; thence leaving fence line and Moran property and along with Wunderly property, North 61º 40’ West a distance of 225.74 feet to an iron pin; thence North 38 54’ West 249.46 feet to an iron pin; thence North 28 42’ East a distance of 102.08 feet to an iron pin; thence North 60º 44’ West a distance of 182.24 feet to an iron pin; thence North 60º 44’ West a distance of 10.0 feet to the centerline of a branch; thence leaving said centerline and along with Dillard property line, North 60º 52’ West a distance of 386.19 feet to an iron pin at a gravel drive being a corner common to said driveway, the Dillard property and the Green property; thence leaving Dillard property line and crossing said driveway and along with Green property line, North 24º 58’ East a distance of 43.85 feet to an iron pin; thence North 24º 58’ East a distance of 911.18 feet to an iron pin and corner common to the Northwest corner of the property herein conveyed, said Green property and the Shell property; thence leaving Green and along with Shell property line, South 63º 48’ East a distance of 1481.30 feet to the point of BEGINNING, containing 39.45 acres, more or less as surveyed by Phillip G. Allen, Registered Land Surveyor, Tennessee Number 1530, HCR 64 Box 412, Farmer, Tennessee, 37333. Said plat recorded in Plat Book 5, Page 108, in the Register of Deeds Office, Polk County, Tennessee. Said recorded survey plat made a part of this deed for a more complete description and hereby incorporated by reference.
BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO Teresa Stilley, H.K. Stilley, III, and Melvin Stilley by deed recorded in Book 141, page 1 in the Register of Deeds Office, Polk County, Tennessee. Teresa Stilley is now known as Teresa Miller. The within described property was acquired by Will of H.K. Stilley. The Estate of H.K. Stilley was probated in Polk County Chancery Court, Probate No. P-170.
Also conveyed herewith is the non-exclusive right of ingress and egress across a road that leads to the North Carolina property. Said road is approximately 40 feet wide.
BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED TO William A. Pearson and wife Susan K. Pearson by warranty deed from Teresa Stilley Miller and husband Mark Miller, H.K. Stilley, III and Melvin Stilley recorded on 3/23/93 in deed book 163, page 283 in the Register of Deeds Office, Polk County, Tennessee.
BEING AND INTENDED TO BE THAT SAME PROPERTY CONVEYED UNTO Ferris Maloof and David H. Scott, a Tennessee General Partnership formed March 10, 1994 by Warranty Deed from William Pearson and wife Susan Pearson recorded on 3/30/94 in Deed Book 171 page 198 in the Register of Deeds Office, Polk County, Tennessee.
BEING AND INTENDED TO BE A PART OF THAT SAME PROPERTY CONVEYED UNTO Ferris Maloof by Warranty Deed from Ferris Maloof and David H. Scott, a Tennessee General Partnership recorded on 2/26/97 in Deed Book 194, Page 115 in the Register of Deeds Office, Polk County, Tennessee.
Subject to existing easements and right of ways for public roads, if any. Also subject to Polk County, Tennessee subdivision regulations.
EXCEPTED FROM THE ABOVE DESCRIBED PROPERTY IS LOT #1 BEING 0.57 ACRES, LOT #2 BEING 0.54 ACRES, AND LOT #3 BEING 0.55 ACRES BEING DESCRIBED AS FOLLOWS:
A certain tract or parcel of land lying and being in Section No. 36 of Fractional Township 4 South, Range 5 East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee and being more particularly described as follows:
Beginning at an iron pin set at the centerline of a 50’ easement and running along said centerline the following four (4) calls and distances: South 87º 10’ 16” East a distance of 28.92 to an iron pin set; North 88º 52’00” East a distance of 115.51 feet to an iron pin set; North 74º 14’08” East a distance of 189.14 feet to an iron pin set; and North 79º 49’31” East a distance of 51.12 feet to an iron pin set. Thence, leaving said centerline south 14º 37’28” East a distance of 199.08 feet to an iron pin set. Thence, South 75º 00’00” West a distance of 170.00 feet to an iron pin set. Thence, South 45º 24’10” West a distance of 50.00 feet to an iron pin set. Thence, North 60º 49’ 11” West a distance of 288.43 feet to an iron pin set. Thence North 19º 26’39” East a distance of 47.97 feet to an iron pin set. Thence, North 19º 26’39” East a distance of 26.09 feet to the point of beginning, containing three (3) tracts as shown on preliminary plat of survey for Eagle Ranch dated April, 2001 by Phillip G. Allen, Tennessee Registered Land Surveyor No. 1530, a copy of which is incorporated herein and made a part of this Exhibit A as page 2 for a more complete description of the property.
LESS AND EXCEPT,  a certain tract or parcel of land lying and being in Section 36, Fractional Township 3 South, Range 5 East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, consisting of 3 lots containing a total acreage of 3.27 acres (Tract 1=1.11 acres; Tract 2=1.11 acres; Tract 3=1.05 acres) as shown on plat of survey titled “Ice Mountain Subdivision” prepared by Phillip G. Allen, T.R.L.S. #1530, Allen Surveying, 1400 East Pine Ridge Road, Murphy, NC 28906, said plat being recorded in Plat Book 12, page 46 in the Register of Deeds Office, Polk County, Tennessee which is incorporated herein by reference for a more complete metes and bounds description of the property herein conveyed.
Also conveyed herewith is the non-exclusive right of ingress and egress along a 50’ wide easement which begins at Eagle Ranch Road and runs to the subject property as shown on the above referenced survey plat.
Subject to existing easements and right of ways for public roads and utilities of record or as shown on the above referenced survey plat. Also subject to any and all governmental zoning and subdivision regulations.
Being a portion of that property conveyed to Ferris Maloof and David Scott by Warranty Deed recorded in Warranty Deed Book 222, page 544 in the Register of Deeds Office, Polk County, Tennessee.
T-457A(#213)
Common description:  Map 105 Parcel 42.  
Street address is:  375 Eagle Ranch Road, Copperhill, TN 37317.
A review of the records at the Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure:  
Any and all unpaid ad valorem taxes payable to Polk County Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
Deed of Trust from Ferris Maloof and David Scott for the benefit of Appalachian Community Bank of record in Trust Book 368, Page 243, Register’s Office.
Judgment against David H. Scott in favor of Asset Acceptance, LLC of record in Lien Book 12, Page 321, Register’s Office.
Deed of Trust from Ferris Maloof for the benefit of Eagle Adventure Co., Inc. of record in Trust Book 434, Page 425, Register’s Office.
Tennessee Department of Revenue Lien against David Scott of record in Lien Book 14, page 236, Register’s Office.
Subject to 40-foot right of way for overhead utilities.
Subject to branch running across the property.
Matters shown on Plat Book 12, page 46, Register’s Office.
LESS AND EXCEPT that property set out on preliminary plat of survey for Eagle Ranch dated April 2001 by Philip G. Allen attached to Deed of Trust of record in Trust Book 265, page 105, Register’s Office, specifically page 107.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
The sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, the property is to be sold without any implied warranties of merchantability or fitness for a particular use or purpose. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee’s Deed as Successor Trustee only.
The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above, to sell the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
This 3rd day of July, 2014.
/s/ Erika R. Barnes                    
Erika R. Barnes, Successor Trustee
STITES & HARBISON PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219
publication dates:
JULY 9, 2014
JULY 16, 2014
JULY 23, 2014


PUBLIC MEETING NOTICE

The Ocoee Utility District Board of Commissioners will meet at the Ocoee Utility District office located at 5631 Waterlevel HWY, Cleveland, TN 37323 at 12:00 noon on July 23rd to consider the consulting engineer’s recommendation for award of the 2013 Polk County Community Development Block Grant project extending water lines in south Polk County. Any questions regarding the project or the meeting may be directed to the Ocoee Utility District office at (423)559-8505.

NOTICE OF FORECLOSURE

WHEREAS, on September 19, 2007, FERRIS MALOOF and DAVID SCOTT, (together, the “Grantor”), executed an Deed of Trust recorded in Trust Book 368, Page 243, Register’s Office for Polk County, Tennessee (“Register’s Office”) (“Deed of Trust”), to Laura M. Crawford, Trustee, for the beneficial interest of COMMUNITY & SOUTHERN BANK, assignee of Appalachian Community Bank, to secure the payment of obligations as described in the Deed of Trust; and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and
WHEREAS, Erika R. Barnes was duly appointed as Successor Trustee in the place of Laura M. Crawford and Ronald G. Steen, Jr., and any and all prior Trustees or Substitute/Successor Trustees, by appointment recorded in Miscellaneous Book 150, Page 143, Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Erika R. Barnes, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Friday, August 1, 2014 at 12:30 p.m., prevailing Eastern time, at the front door of the Polk County Courthouse, 6239 Hwy 411, Benton, TN 37307 in the manner further described herein, offer the Real Property for sale to the highest bidder for cash, all rights of homestead, equity of redemption and relinquishes all other rights and exemptions of every kind, including, but not limited to, a statutory right to an elective share in the Property, and all other exemptions, all of which are expressly waived in the Deed of Trust. The term “Property” as used herein shall mean all of Grantor’s right, title and interest in and to the following described real property, together all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to such property, including without limitation all minerals, oil, gas, geothermal and similar matters:
A certain tract or parcel of land lying and being in Section 36, Fractional Township 3 South, Range 5 East of the Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, consisting of 3 lots containing a total acreage of 3.27 acres (Tract 1=1.11 acres; Tract 2=1.11 acres; Tract 3=1.05 acres) as shown on plat of survey titled “Ice Mountain Subdivision” prepared by Phillip G. Allen, T.R.L.S. #1530, Allen Surveying, 1400 East Pine Ridge Road, Murphy, NC 28906, said plat being recorded in Plat Book 12, page 46 in the Register of Deeds Office, Polk County, Tennessee which is incorporated herein by reference for a more complete metes and bounds description of the property herein conveyed.
Also conveyed herewith is the non-exclusive right of ingress and egress along a 50’ wide easement which begins at Eagle Ranch Road and runs to the subject property as shown on the above referenced survey plat.
Subject to existing easements and right of ways for public roads and utilities of record or as shown on the above referenced survey plat. Also subject to any and all governmental zoning and subdivision regulations.

Being a portion of that property conveyed to Ferris Maloof and David Scott by Warranty Deed recorded in Warranty Deed Book 222, page 544 in the Register of Deeds Office, Polk County, Tennessee.
T-457A(#213)
Common description:  Map 105 Parcels 42.01, 42.02 and 42.03 
Street address is:  394 Eagle Ranch Road, Copperhill, TN 37317.
A review of the records at the Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure: 
Any and all unpaid ad valorem taxes payable to Polk County Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
Open-End Deed of Trust from Ferris Maloof and Ann Maloof recorded in Trust Book 265, Page 105, as modified by Amendments to Deed of Trust of record in Trust Book 277, Page 691, Trust Book 284, Page 31, and Trust Book 346, Page 6, Register’s Office
Judgment against David H. Scott in favor of Asset Acceptance, LLC of record in Lien Book 12, Page 321, Register’s Office.
Deed of Trust from Ferris Maloof for the benefit of Eagle Adventure Co., Inc. of record in Trust Book 434, Page 425, Register’s Office.
Tennessee Department of Revenue Lien against David Scott of record in Lien Book 14, page 236, Register’s Office.
Subject to 40-foot right of way for overhead utilities.
Subject to branch running across the property.
Matters shown on Plat Book 12, page 46, Register’s Office.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.

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

The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, the property is to be sold without any implied warranties of merchantability or fitness for a particular use or purpose. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee’s Deed as Successor Trustee only.

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

This 3rd day of July, 2014.
/s/ Erika R. Barnes                   
Erika R. Barnes, Successor Trustee
STITES & HARBISON PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219
publication dates:
JULY 9, 2014
JULY 16, 2014
JULY 23, 2014



Untitled Document
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Public Notices - 5/14/14
 


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Polk County News | P.O. Box 129 | 3 Main Street | Benton TN 37307
phone: 423-338-2818 | fax: 423-338-4574 | email

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