NON-DISCRIMINATION POLICY

It is the policy of the Polk County School System not to discriminate on the basis of sex, race, national origin, creed, age, marital status, or disability  its educational programs, activities, or employment policies as required by Title VI and VII of the 1964 Civil Rights Act. Title IX of the 1972 Educational Amendments and Section 504 of the Federal Rehabilitation Act of 1973.

The Individuals With Disabilities Education Act Amendments of 1997 (IDEA) were enacted into law in 1997. This law includes amendments that do have an effect on the special education services Local Education Agencies (LEA) provide for students whose parents have enrolled them in private or home school programs. As an LEA, the Polk County School System is still required under IDEA to include those students residing in our areas, who are attending private or home schools in their Child Find efforts an special Education services. The purpose of Child Find is to identify all students with disabilities who may be in need of special education and related services. It is important for Polk County Schools to determine the current group of eligible private and home school students so that decisions can be made as to the types and amounts of special education services available for these children. The meeting will be held at the Polk County Board of Education Central Office on May 27, 2008 at 3 p.m. Please RSVP to 338-4506 if you are planning attend.

Jean Bramlett

Federal Programs Administrator

If you have or know of any child suspected of having a disability between the age of 3-21 that resides in Polk County and needs special services from the school system, please contact the Special Education Supervisor for Polk County Schools.

POLK COUNTY 9-1-1 BOARD OF DIRECTORS

The Board of Directors of the Polk County 9-1-1 Communications District will meet at 3:00 p.m. on June 4 at the Polk County 911 District Office on Highway 64, or such other location as may be posted at this location, where and at which time the Board will consider any matter that may be properly presented. A public hearing will be held for the purpose of reviewing the budget proposed for the fiscal year that begins July 1. Meetings of the Board will be at the same time and location on the first Wednesday of the months of February, April, June, August, October and December, unless notice is otherwise published. The public is invited to all meetings.

Steven Lofty, Chairman

9-1-1 Board of Directors

NOTICE TO CREDITORS

Estate of: J.W. Brock

Notice is hereby given that on the 2nd day of May, 2008, Letters Testamentary in respect of the Estate of J.W. Brock, 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 said estate are required to file same with the Clerk of the above-named Court within four (4) months from the date of the first publication of this notice, otherwise their claims will be forever barred.

This 2nd day of May, 2008.

Signed: Betty Brock

Personal Representative for the Estate of J.W. Brock, Deceased.

Attorney: James F. Logan, Jr., BPR#000758

Logan, Thompson, Miller, Bilbo & Thompson, P.C.

Attorneys for Personal Representative

30 Second Street

P.O. Box 191

Cleveland, TN 37364-0191

(423) 476-2251

To be ran: 5/7, 5/14

PUBLIC NOTICE

The Books of Ephata International will be available for inspection by calling 828-494-5954.

PUBLIC MEETING NOTICE

The second quarter meeting of the Executive Committee of the Polk County Joint Economic and Community Development Board will be held on Friday, May 16, at 10:00 a.m. EDT, on the third floor of the County Courthouse in Benton. The full JECD Board will meet immediately following. The public is invited and encouraged to attend. Information regarding the meeting, agenda, or accessibility for the disabled should be addressed to the Office of the County Executive, 338-4527. TTY/TDD users please dial (800) 640-4636.

     WHEREAS, by Trust Deed dated the 10th day of January, 2007 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 350, Page 30;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned  Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 23rd day of May, 2008, at 10:40 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

BEGINNING at a point in the Southeast line of Pleasant Grove Road; and said point being located 150 feet in a Northeasterly direction from where the Northwest corner of Hale Property intersects the Southeast line of Pleasant Grove Road; thence North 26E 10' East, 127 feet along the Southeast line of Pleasant Grove Road to a point; thence South 72E 45' East, 289.5 feet to a point; thence South 24E 43' West 173 feet to a point; thence North 63E 35' West, 290.4 feet to the point of beginning.

SUBJECT to a 20' non-exclusive perpetual driveway easement as described in DB 119/312, ROPCT.

SUBJECT to Volunteer Co-Op easements as shown on survey of Richmond Surveying Co., dated 6-27-90.

SUBJECT to any governmental zoning and subdivision ordinances or regulations in effect thereon.

Being the property conveyed to Jonathan McCann by deed of record in DB 249, page 27, ROPCT.

Being Tax Map Nos. 36 Parcel 26.04..

The street addresses are believed to be : 210 McClure Rd, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as Trustee only and subject to any unpaid taxes.

This sale is subject to all matters shown on applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

     WITNESS my hand this 24th day of April, 2008.

DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

To be Run on: 4/30/08; 5/7/08 and 5/14/08.

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated AUGUST 20, 2002, executed by PAUL H FLORY, A MARRIED MAN AND WIFE REBECCA FLORY, TO EQUITITLE, INC., Trustee, of record in TD BOOK 278 PAGE 205, in the Register's Office for POLK County, Tennessee and to J. PHILLIP JONES OR I. DYKE TATUM, EITHER OF WHOM MAY ACT, appointed as Substitute Trustee in an instrument of record in the Register's Office for POLK County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY as provided in said Deed of Trust, I, J. PHILLIP JONES OR I. DYKE TATUM, EITHER OF WHOM MAY ACT, will by virtue of the power and authority vested in  me as  Substitute  Trustee, on FRIDAY MAY 23, 2008 AT 11:00 A.M. (LOCAL TIME) AT THE WEST DOOR OF THE POLK COUNTY COURTHOUSE IN BENTON, POLK COUNTY, 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 POLK County, Tennessee, to wit:

PROPERTY LOCATED IN THE COUNTY OF POLK, TENNESSEE:

FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, TO-WIT:

BEGINNING AT AN IRON PIN MARKING THE SOUTHWEST CORNER OF WILCOX, BEING THE PROPERTY ACQUIRED IN THE DEED BOOK 101, PAGE 99, AND THE NORTHWEST CORNER OF STEWART, BEING THE PROPERTY ACQUIRED IN DEED BOOK 73, PAGE 295, AND BEING THE SOUTHEAST CORNER OF DANNY ROGERS AT A SET STONE; THENCE ALONG THE LINE OF STEWART, LEWIS, AND BURNS, SOUTH 22 DEG. 19 MIN. 55 SEC. WEST, 899.33 FEET TO AN IRON PIPE; THENCE SOUTH 22 DEG. 2 MIN. 40 SEC. WEST, 255.50 FEET ALONG THE LINE OF DISNEY; THENCE ALONG THE LINE OF SMITH AND BRAMLETT, SOUTH 25 DEG. 12 MIN. 3 SEC. WEST, 575.61 FEET TO AN IRON PIN; THENCE NORTH 44 DEG. 13 MIN. 33 SEC. WEST, 179.33 FEET TO AN IRON POST; THENCE ALONG THE LINE OF HIWASSEE LAND COMPANY, THE FOLLOWING COURSES AND DISTANCES:  NORTH 36 DEG. 53 MIN. 33 SEC. WEST 767.61 FEET; NORTH 19 DEG. 52 MIN. 53 SEC. WEST, 122.97 FEET; NORTH 10 DEG. 23 MIN. 11 SEC. WEST, 157.73 FEET; NORTH 7 DEG. 49 MIN. 56 SEC. WEST, 229.98 FEET; NORTH 15 DEG. 36 MIN. 58 SEC. WEST, 226.54 FEET; NORTH 40 DEG. 21 MIN. 33 SEC. WEST, 594.75 FEET TO A POINT; THENCE ALONG THE LINE OF BRYANT, NORTH 79 DEG. 2 MIN. 6 SEC. EAST, 478.33 FEET; THENCE NORTH 61 DEG. 10 MIN. 32 SEC. EAST, 87.64 FEET; THENCE NORTH 31 DEG. 17 MIN. 50 SEC. EAST, 60.23 FEET; THENCE NORTH 54 DEG. 18 MIN. 46 SEC. EAST 194.26 FEET; THENCE NORTH 40 DEG. 8 MIN. 5 SEC. EAST, 163.37 FEET; THENCE ALONG THE LINE OF ROGERS, SOUTH 44 DEG. 52 MIN. 33 SEC. EAST, 764.52 FEET; THENCE SOUTH 64 DEG. 55 MIN. 36 SEC. EAST, 481.52 FEET TO THE BEGINNING POINT.  SAID TRACT CONTAINING 46.11 ACRES, MORE OR LESS, BEING SHOWN BY SURVEY OF JIMMY L. RICHMOND, CLEVELAND, TENNESSEE, TN LICENSE NO. 917, DATED 2/20/93 AND STYLED “PROPERTY OF JACK E. WATKINS”.

THERE IS ALSO CONVEYED TWO EASEMENTS, THE FIRST EASEMENT BEING SET OUT IN DEED BOOK 16, PAGE 91; AND THE SECOND EASEMENT BEING SET OUT IN DEED BOOK 125, PAGE 74, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

BEING THE SAME PROPERTY CONVEYED TO PAUL H. FLORY AND WIFE, REBECCA J. FLORY BY DEED DATED APRIL 7, 1995, RECORDED IN BOOK WD179, PAGE 221, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 220 DISNEY LANE, BENTON, TN 37307.

MAP 055 PARCEL 016.00

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: SAFECO/AMERICAN STATES INSURANCE

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED

WILL BE USED FOR THAT PURPOSE.

This day, APRIL 28, 2008.  This is improved property known as 220 DISNEY LANE, BENTON, TN 37307.

J. PHILLIP JONES/I. DYKE TATUM Substitute Trustee

J. PHILLIP JONES, ATTORNEY FOR SUBSTITUTE TRUSTEE

SUITE C-205, NASHVILLE HOUSE

ONE VANTAGE WAY

NASHVILLE, TN 37228

(615) 254-4430

TRUSTEE'S SALE

 WHEREAS, by Trust Deed dated the 23rd day of August, 2006 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 341, Page 311;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned  Trustee to foreclose said Trust Deed.

 NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 23rd day of May, 2008, at 10:50 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

BEGINNING at an iron pin located in the South line of Bowman and Beard and being located North 72E 45' East 489.5 feet from the East line of Old Etowah Road; thence from the beginning point, South 79E 21' East, 235.8 feet to an existing iron pin located in the center line of a ditch; thence Southerly along the center line of said ditch 286 feet more or less to a point; thence North 63E 35' West, 203 feet, more or less to an existing iron pin; thence North 24E 43' East 323 feet to the beginning point. Said tract being a portion of the real estate shown by survey of Neal Sanders, TRLS #28 dwg no. 5460 and dated February 1985.

Also conveyed herewith is the right to use a 20' improved driveway easement crossing the property of Gary Waters Northwesterly to Pleasant Grove Road.  Grantee shall share pro rata in the maintenance and upkeep of said easement.

Being the property conveyed to Jonathan McCann by deed of record in DB 246, page 270, ROPCT.

Being Tax Map Nos. 36 Parcel 26.00

The street addresses are believed to be : 190 McClure Rd, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as Trustee only and subject to any unpaid taxes.

This sale is subject to all matters shown on applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

WITNESS my hand this 24th day of April, 2008.

DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

To be Run on: 4/30/08; 5/7/08 and 5/14/08.

WHEREAS, by Trust Deed dated the 26th day of January, 2007 JONATHAN McCANN did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 351, Page 104;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned  Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 23rd day of May, 2008, at 10:30 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

TRACT ONE:

BEING LOT THIRTY-SEVEN (37), SAVANNAH PLACE as shown by plat of record in Plat Book 9, page 91 Register’s Office of Polk County, TN.

SUBJECT to restrictions in MB 109/115.

SUBJECT to easements and setbacks set out on recorded plat.

SUBJECT To conditional sewer easement in DB 151/144 and DB 162/335.

SUBJECT to Consent to Installation recorded in TB 275/158, if applicable.

Being the property conveyed to Jonathan McCann by deed of record in DB 249, page 147, ROPCT.

TRACT TWO:

BEING LOT FIVE (5), SAVANNAH PLACE as shown by plat of record in Plat Book 9, page 91 Register’s Office of Polk County, TN.

SUBJECT to restrictions in MB 109/115.

SUBJECT to easements and setbacks set out on recorded plat.

SUBJECT To conditional sewer easement in DB 151/144 and DB 162/335.

SUBJECT to Consent to Installation recorded in TB 275/158, if applicable.

Being the property conveyed to Jonathan McCann by deed of record in DB 249, page 149, ROPCT.

Being Tax Map Nos. 35N-B-24.05 and 35N-B-24.37.

The street addresses are believed to be  133 Benjamin Place, Benton, TN and 182 Claire Street, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as Trustee only and subject to any unpaid taxes

This sale is subject to all matters shown on applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

WITNESS my hand this 24th day of April, 2008.

DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

To be Run on: 4/30/08; 5/7/08 and 5/14/08.

TRUSTEE'S SALE

WHEREAS, by Trust Deed dated the 28th day of December, 2005 PARIGON RESORT, LLC a Florida Limited Liability Company did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 330, page 271;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned  Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 23rd day of May, 2008, at 10:00 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

TRACT ONE:

BEGINNING at a right of way marker set in the  Southwest side of Kimsey Highway, same marking the North corner of Tract 1 conveyed herein; FROM SAID POINT OF BEGINNING along the Southwest side of Kimsey Highway as follows: South 51° 13’ East, 150.42 feet to a right of way marker; North 59° 56’ East, 10.25 feet to a right of way marker; South 54° 57’ East, 633.43 feet; South 49° 19’ East, 103.88 feet; South 47° 48’ East, 113.20 feet; South 45° 30’ East, 112.03 feet; South 37° 55’ East, 107.42 feet; South 22° 29’ East, 75.40 feet; South 11° 25’ East, 100.00 feet; South 02° 26’ East, 119.74 feet; and South 01° 43’ West, 316.67 feet to the centerline of a creek; thence with the centerline of the creek, South 75° 09’ West, 121.20 feet and North 57° 48’ West, 46.00 feet; thence South 27° 39’ West 15 feet to a tree; thence along a common fence with the Ramsey property (DB 145/142) as follows: North 50° 03’ West, 237.57 feet to a 12 inch poplar; North 37° 26’ West, 181.33 feet to a 10 inch white pine, North 47° 35’ West 101.68 feet to an 8 inch maple; North 21° 20’ West, 106.76 feet to a 12 inch maple; North 22° 58’ West, 127.32 feet to a 15 inch oak; North 12° 26’ West, 160.30 feet to a 15 inch white pine; North 03° 39’ East, 130.72 feet; North 10° 30’ West, 387.14 feet to a dogwood; North 20° 41’ West, 301.30 feet to an 18inch oak; and North 12° 18; West, 223.38 feet to a 20 inch oak; thence North 49° 03’ East, 157.43 feet to the point of beginning.

Containing 26.2 acres according to that survey by Troy Richard Slack, TRLS# 680, Englewood, TN 37303, same dated 8-26-1994 and being dwg. No. 94-121.  A reduced photocopy of said Survey is attached herewith, it being the basis for the foregoing description.

SUBJECT to restrictions of record in DB 242, page 87, ROPCT.

TRACT TWO:

BEGINNING at an iron pin in the West line of Kimsey Mountain Highway at the present Southeast line of Scoggins, being the property acquired in Deed Book 208, page 54; thence along the line of Kimsey Mountain Road, South 1E 43' West, 200.0 feet; thence  South 1E 22' West, 319.5 feet; thence leaving the line of said road, North 85E 32' West, 396.2 feet; thence North 27E 34' East, 543.2 feet; thence along the line of Greasy Creek, South 59E 1' East, 46.7 feet; thence North 75E 9' East, 121.2 feet to the beginning point. Said tract containing 3.16 acres, more or less being shown by survey of Charles P. Lawson, TRLS #2211 project no. 2K4-63.

TRACT THREE:

BEGINNING at an iron pin in the Southwest line of Greasy Creek Road at the Northeast corner of the property of Joseph Goforth, being the property acquired in Deed Book 209, page 120; thence Southwesterly along the line of Joseph Goforth, 300 feet, more or less to an iron pin marking the Southern most point of Joseph Goforth, the Northwestern corner of Elbert Owens and the Northeastern corner of Ralph Powell; thence Southeasterly along the line of Elbert Owens, 450 feet, more or less to an iron pin; thence Northeasterly, 300 feet, more or less to the line of Greasy Creek Road; thence Northwesterly along the line of Greasy Creek Road, 450 feet, more or less to the beginning point.

SUBJECT to a perpetual non-exclusive road right-of-way easement granted to Joseph Goforth in Deed book 209, page 120, being a uniform width of 20'.

TRACT FOUR:

BEGINNING at the Southeast corner of the land herein conveyed in the West line of Asbury McGlamery property as shown by deed recorded in Deed Book 185, page 136, in the Register’s Office of Polk County, Tennessee and in the North line of Elmer Goins property as described in Deed Book 83, page 149 in the Register’s Office of Polk County, Tennessee, said beginning point being in the center of a creek; thence North 76E 16' 12" West along the North line of Goins property, 319.70 feet to the southwest corner of the land herein conveyed and being in the East line of other property of Grantors; thence North 3E 53' 15" East along the East line of Grantors= property, 258.56 feet to a point; thence continuing with Grantors’ East line, North 0E 26' 48" West, 215.51 feet; thence continuing with Grantors’ property line North 50E 27' 03" East, 146.20 feet to a point marking the Northeast corner of the land herein conveyed; thence South 12E 18' East with McGlamery’s line, 223,38 feet to an 18-inch oak tree; thence South 20E 41' East with McGlamery’s line, 301.30 feet to a 6 inch dogwood; thence South 10E 30' East with McGlamery’s line, 95 feet to the place of beginning, all as shown by plat of survey by Doyle A. McCracken a copy of which is recorded in Plat book 8, page 99, ROPCT.

BEING the property conveyed to Parigon Resort, LLC by deed of record in DB 242, page 87, ROPCT.

LESS AND EXCEPT that property conveyed to Adam M. Withrow and Jennifer A. Guthrie by deed of record in DB 253, page 104, ROPCT. (approximately .90acre)

Being Tax Map Nos. Map 58 Parcel 49.02; Map 58 Parcel 51.04; Map 58 Parcel 52.02 and Map 58 parcel 54.

The street addresses are believed to be 384 Kimsey Mountain Road; 230 Kimsey Mountain Road, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as Trustee only and subject to any unpaid taxes.

This sale is subject to all matters shown on applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

WITNESS my hand this 23rd day of April, 2008.

DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

To be Run on: 4/30/08; 5/7/08 and 5/14/08.

TRUSTEE'S SALE

WHEREAS, by Trust Deed dated the 6th day of October, 2006 JENNIFER L. CROSS did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 344, Page 266;

WHEREAS, said Trust Deed provides that in the event of the default in the payment of any installment of said Note for a period of thirty (30) days, the entire indebtedness shall, at the option of the owner and holder thereof, become due and payable; and

WHEREAS, default has been made in the payment thereof and the owner and holder of said Note has declared the entire balance thereof due and payable and has instructed the undersigned  Trustee to foreclose said Trust Deed.

NOW, THEREFORE, by virtue of the authority in me vested as  Trustee under the terms of said instrument, I, the undersigned, will on the 23rd day of May, 2008, at 10:10 o'clock A.M., in front of the West  Door of the Courthouse in Polk County, Tennessee, offer for sale and sell to the last, highest and best bidder, for cash in hand, and in bar of the equities of redemption, dower and homestead, the following described real estate, lying and being in the 1st Civil District of Polk County, Tennessee, to-wit:

TRACT ONE:

BEGINNING at an iron pin marking the Southwest corner of Tract Twenty-Six Riverstone Subdivision; thence along the line of Tract 26, North 28E 50' 0" East, 165.00 feet; thence North 61E 7' 0" West, 431.51 feet to the center line of a 50' right-of-way; thence along the center line of said right-of-way, South 17E 32' 0" West, 52.67 feet; thence South 57E 20' 0" East, 25.90 feet; thence South 45E 21' 0" East, 410.91 feet to the beginning point. Said tract containing 1.0 acres, more or less and being part of Tract 34 of the Robert Banks Farm shown by plat recorded in Plat Book 8, page 136, ROPCT.

TRACT TWO:

BEING TRACT TWENTY-SIX of RIVERSTONE SUBDIVISION as shown by plat of record in Plat Book 8, page 130 Register=s Office of Polk County, Tennessee to which reference is herein made.

Being the property conveyed to Jennifer L. Cross by deed recorded in DB 247, page 236, ROPCT.    

Both tracts are SUBJECT to restrictions for RIVERSTONE SUBDIVISION and ROBERT E. BANKS FARM as set out in Misc. Book 90, page 259, ROPCT.  Further subject to building setback lines, drainage and utility easements described in the aforementioned plat and subdivision restrictions.

Being Tax Map Nos. Map 45 Parcel 70.26 and Map 35 Parcel 70.51.

The street addresses are believed to be 160 Terry Lane and 160 Banks Drive, Benton, TN

OTHER INTERESTED PARTY(IES):  None of record.

The title to said real estate is believed good, but I will convey as Trustee only and subject to any unpaid taxes. This sale is subject to all matters shown on applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.

The sale held pursuant to this Notice may be rescinded at the Trustee/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.

WITNESS my hand this 23rd day of April, 2008.

DAVID S. HUMBERD

P.O. Box 957

Cleveland, TN 37364-0957

423-479-6141

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

To be Run on: 4/30/08; 5/7/08 and 5/14/08.

All words and phrases herein which have the first letters herein which have the first letters thereof capitalized are defined on the attached Identifying Data of Mortgage or Deed of Trust, consisting of one page.

Beneficiary has appointed the substitute trustee prior to the first notice of publication as required by T.C.A. 35-5-101 and ratifies and confirms all actions taken by the substitute trustee subsequent to said date of substitution  and prior to the recording of this substitution.

The Real Estate to be Sold will be sold at public auction to the highest bidder, in lawful money of the United States at the following date, time and place: May 22, 2008, 10:00 a.m. at the front steps of the Polk County Courthouse, Hwy. 411 South, Benton, TN

Philip M. Kleinsmith, Attorney for Present Mortgagee(s) and/or Substitute Trustee, Tennessee Attorney, Registration No. 016987 6035 Erin Park Drive, Ste. 203 Colorado Springs, CO 80918 1-800-842-8417.

Identifying Data of Debt, the Collateral and Collateral Instrument The Debt: Dated: 7/31/2007 Original Principal Blance: $96,300.00: Original Borrower (s): Steven Newby and Carlettia Newby

Present Borrower (s): Steven Newby and Carlettia Newby

Original Creditor (s): Mortgage Electronic Registration Systems Inc. acting solely as Nominee for Countrywide Home Loans Inc.

Present Creditor (s): Bank of New York as Trustee for the Certificateholders of CWABS Inc. Asset-Backed Certificates Series 2007-13

Defaults Causing Foreclosure: Non-Payment of Periodic Payments since: 10/1/2007

Present Principal Balance: (i.e. as of 10/1/2007) $96,194.41

Daily Interest after same date: $24.04

Estimated Total Costs $1,800.00

Attorney Fees for Completed Default Foreclosure $550.00

Present Value of Collateral Unknown

The Collateral:

Real Estate  (Mortgaged Property or Trust Property or Property):

Assessor’s Tax Parcel #:036BC002.00

Common Description: 226 George Bates Road Benton, TN 37307

Legal Description: Being all of Lot No. Thirty-Two (32) of Crowe Hills Subdivision as shown by plat of record in Plat Book 2, Page 61, in the Register’s Office of Polk County, Tennessee.

And being the same property conveyed to grantor by deed recorded simultaneously herewith.

Being the same property conveyed to Carlettia Weathers by deed from Issac H. Bramblett and wife Nora F. Bramblett filed for record in Book 224, Page 444, Register’s office for Polk County Tennessee, dated 1/22/03.

Property address known as: 226 George Bates Road, Benton, Tennessee 37307, Polk County.

Collateral Instrument: (Mortgage, Deed of Trust, or Trust Indenture or Security Agreement Being Foreclosed Per Real Estate Records of County Where Real Estate is Located or other records where Collateral Instrument filed):

Dated: 7/31/2007

Recording Data:Bk TD363 Pg. 302

Original Trustee: Arnold M. Weiss

Original Borrower (s), Mortgagor (s), Grantor (s), or Trustor (s): Steven Newby & Carlettia Newby

226 George Bates Rd

Benton, TN 37307

Date Recorded or Filed: 8/9/07

Original Principal Balance:$ see above

Original Mortgagee (s), Beneficiary (ies), or Secured Party (ies): Mortgage Electronic Registration Systems Inc. acting solely as Nominee for Countrywide Home Loans Inc.

Present Mortgagee(s), Beneficiary (ies) or Secured Party (ies): Bank of New York as Trustee for the Certificateholders of CWABS Inc Asset-Backed Certificates Series 2007-13

Present Owner(s) of Collateral Names and Address(es)

Steven Newby & Carlettia Newby

226 George Bates Rd.

Benton, TN 37307

TRUSTEE’S SALE

Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust to The CIT Group/Consumer Finance, Inc., dated October 18, 2002 and recorded on December 12, 2002 in Book 282, Page 217, Register’s Office for Polk County, Tennessee from William Hill and Kathryn Hill, (“Borrower”) to Ernest B. Willams IV, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and

The undersigned, Trustee Management Company, Successor Trustee, having been appointed Successor Trustee in instrument dated April 4, 2006 of record in Instrument No. 06001113, said Register’s Office, to serve in the place and stead of Ernest B. Willams IV, Trustee;

NOW, THEREFORE, I, Trustee Management Company, Successor Trustee, pursuant to said Deed of Trust, having been requested by The CIT Group/Consumer Finance, Inc., 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 13, 2008 at 10:00 a.m., at the Polk County Courthouse, in 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 in Polk County, Tennessee:

Situated in the First Civil District of Polk County, Tennessee, and being more particularly described as follows:

Being Lot 15 of the Billy R. Locke Property, being shown by survey of Jimmy L. Richmond, TN License No. 917, Cleveland, Tennessee, dated 10/9/93 and being more particularly described as beginning at an iron pin located in the Northeast line of Chestuee Road at its intersection with the dividing line between Lots 14 and 15; thence along said dividing line, North 33 deg. 6 min. 48 sec. East, 1,657.86 feet to a point in the center line of Chestuee Creek; thence along the center line of Chestuee Creek, South 51 deg. 54 min. 8 sec. East, 200.76 feet to a point; thence along the dividing line between Lots 15 and 16, South 33 deg. 6 min. 48 sec. West, 1,651.33 feet to an iron pin; thence along the line of Chestuee Road, North 53 deg. 45 min. 47 sec. West, 200.30 feet to the beginning point, said tract containing 7.6 acres, more or less.

Parcel No.: 008-006.15

More commonly known as: 433 Chestuee Road, Calhoun, TN 37309

The property is encumbered by none liens or claims of lien filed by the United States Internal Revenue Service in the Register’s Office of Polk County, Tennessee.

This property is encumbered by None liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Polk County, Tennessee.

Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply.

The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above.

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.

KNOWN INTERESTED PARTIES:

Polk County Trustee

P.O. Box 910

Linden, TN 37096

Trustee Management Company

Successor Trustee

10500 Barkley, Suite 100

Overland Park, KS 66212

This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.  Pursuant to the Fair Debt Practices Collections Act no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction.