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NOTICE OF PROPOSED BANK MERGER

Notice is hereby given that First Volunteer Bank of Tennessee, Chattanooga, Tennessee, 37402, has made application to the Federal Deposit Insurance Corporation, Washington, D.C., 20429, and to the Tennessee Department of Financial Institutions, Nashville, Tennessee, 37243, for their written consent to merge with Benton Banking Company, Benton, Tennessee, 37307 and operate the merged institution as First Volunteer Bank of  Tennessee with its main office at 728 Broad Street, Chattanooga, Tennessee, 37402.

This notice is published pursuant to Section 18 (c) of the Federal Deposit Insurance Act and Tenn. Code Ann. Section 45-2-1305 (b).

Any person wishing to comment on this application may file his or her comments in writing with the Area Director of the Federal Deposit Insurance Corporation at its Regional Office at 5100 Poplar Avenue, Suite 1900, Memphis, Tennessee, 38137, not later than August 30, 2008.  The nonconfidential portions of the application are on file in the Regional Office and are available for public inspection during regular business hours.  Photocopies of information in the nonconfidential portion of the application will be made available upon request.

It is contemplated that all of the offices of the above-named institutions will continue to be operated.

Anyone wishing to comment on or protest this application or any person having information which may have a bearing on the fitness of any of the organizers or proponents of this application may file comments with the Commissioner of Financial Institutions, Suite 400, Nashville City Center, 511 Union Street, Nashville, Tennessee, 37219, or telephone the Department of Financial Institutions at 615-741-5018.  Written or telephonic notice must be made to the Commissioner within 15 days of the date of this publication.

July 30, 2008. First Volunteer Bank of Tennessee, 728 Broad Street, Chattanooga, Tennessee 37402.  Benton Banking Company, 219 Ward Street, Benton, Tennessee 37307.

The City of Ducktown is accepting bids for several surplus items and equipment. A complete list of items can be picked up at City Hall, 327 Main Street. All items and equipment are sold as is. Items will be available for view and inspection August 12th, 13th and 14th at City Hall from 9 a.m. to 3 p.m. Sealed bids must be received at City Hall no later than 4 p.m. on August 19, 2008. Bids will be opened at the scheduled Commission workshop, which starts at 6 p.m. For further information please contact the City Clerk at 423-496-3546. The City of Ducktown reserves the right to refuse any or all bids.

James Talley, Mayor

City of Ducktown

P.O. Box 506

Ducktown, TN

37326

423-496-3546

WHITE DEVELOPMENT, LLC.

BOBBY G. WHITE and ROBERT CHRISTOPHER WHITE

VS.

THE HEIRS OF BENJAMIN CALLOWAY

THOMAS H. CALLOWAY, JAMES CALLOWAY,

MAGGIE CALLOWAY, JOHN L. CALLOWAY,

ANNA B. CALLOWAY and FRANK E. CALLOWAY

TAKE NOTICE THAT A COMPLAINT FOR CLAIM OF ABANDONMENT OF MINERAL INTEREST was filed in the Chancery Court for Polk County, Tennessee in the above-styled case and said Complaint sets out that a reservation of mineral estate by the Defendants in a deed of record in Deed Book N, pages 163 and 164 dated January 5, 1880 and in Deed Book L, page 283 dated October 18, 1872  Register’s  Office of Polk County, Tennessee is believed to be abandoned.

The Plaintiff’s herein have asked the Court to declare said mineral interest abandoned and to reunite said mineral interest belonging to White Development, LLC and Robert Christopher white and Bobby G. White by deeds of record in Deed Book 239 , page 287, Deed Book 250, page 122, Deed Book 249, page 461 Register’s Office of Polk County, Tennessee.

TAKE NOTICE that if no claim is filed by the heirs or any heir of the Defendants within 60 days of the first publication of this Notice, then the Court shall declare said mineral interest to be abandoned. Any statement of claim filed must contain the name and address of the owner or owners of such mineral interest and shale cite tax map and parcel numbers for owners of the surface above the mineral estate. Said claim must be filed with the Clerk and Master of Polk County, Tennessee within the time set out herein.

This 25th day of July, 2008.

Kim Ingram, Clerk & Master

This instrument prepared by:

David S. Humbered, Attorney

P.O. Box 957

Cleveland, TN 37364

423-479-6141

Publication Dates: 7/30/08, 8/06/08 and 8/13/08

TRUSTEE'S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated April 5, 2005, and the Deed of Trust of even date securing the same, recorded April 12, 2005, at Book TD319, Page 80 in Office of the Register of Deeds for Polk County, Tennessee, executed by Mark Hatheway and Renee Hatheway, conveying certain property therein described to Raymond E. Lacy as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Oak Street Mortgage LLC and Oak Street Mortgage LLC's successors and assigns; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on August 18, 2008 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:

All that tract or parcel of land lying and being in Part of Sections 20, 21, 28, and 29, Fractional Township 4 South, Range 5 West of Ocoee Basis Line in the Third Civil District of Polk County, Tennessee, and being Lot 14, of Hideaway Falls Subdivision Phase I, as shown by plat of record in Plat Book 9, Page 47, replatted in Plat Book 9, Page 100, Register’s Office for Polk County, Tennessee, to which plat reference is hereby made for a more complete legal description.  Being the same property conveyed to Mark Hatheway, married, by Warranty Deed from Keith Seagle, dated 4-5-05 recorded 4-12-05, in Book 237, Page 153-54, Polk County, Tennessee.

ALSO KNOWN AS:  154 Baylees View, Copperhill, Tennessee 37317

This sale is subject to all matters shown on any 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.  In addition, the following parties may claim an interest in the above-referenced property:  Mark Hatheway; Renee Hatheway; Oak Street Mortgage, LLC; Mortgage Electronic Registration Systems, Inc., as nominee for Oak Street Mortgage, LLC; HomeComings Financial, LLC

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time.  The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.  W&A No. 817-142108

DATED July 29, 2008.

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

Insertion Dates: July 23, July 30, August 6, 2008

 

TRUSTEE’S SALE

        

Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated NOVEMBER 15, 2007, executed by JOEL CURTIS, UNMARRIED, TO J. MICHAEL SHARP, Trustee, of record in BOOK TD370 PAGE 21, in the Register's Office for POLK County, Tennessee and to J. PHILLIP JONES, 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 U.S. BANK, N.A. as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in  me as  Substitute  Trustee, on FRIDAY SEPTEMBER 12, 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:

LOCATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:  SITUATED IN THE FIRST CIVIL DISTRICT OF POLK COUNTY, TENNESSEE, APPROXIMATELY ONE AND A HALF MILE NORTH OF THE CONASAUGA RIVER AND ON THE EAST SIDE OF US HIGHWAY 411, CONTAINING 2 ACRES, MORE OR LESS, BEGINNING AT THE NORTHWEST CORNER WITH LANDS OF DAVIS DUNN IN THE RIGHT OF WAY OF SAID US HIGHWAY 411; THENCE IN A SOUTHWARD DIRECTION WITH SAID HIGHWAY 144 FEET, TO AN ESTABLISHED CORNER; THENCE IN AN EASTERLY DIRECTION 300 FEET TO A CORNER; THENCE IN A NORTHERN DIRECTION 144 FEET, TO A POINT IN LINE OF DAVIS DUNN LANDS; THENCE IN A WESTERN DIRECTION, 362 FEET, WITH LINE OF SAID DAVIS DUNN TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO JOEL CURTIS, UNMARRIED BY DEED DATED NOVEMBER 15, 2007, RECORDED IN BOOK WD254, PAGE 208, IN THE REGISTER’S OFFICE OF POLK COUNTY, TENNESSEE.

THIS IS IMPROVED PROPERTY KNOWN AS 1120 HIGHWAY 411, OLD FORT, TN 37362.

MAP 108 PARCEL 074.00

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: NONE OF RECORD

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

WILL BE USED FOR THAT PURPOSE.

This day, July 28, 2008.  This is improved property known as 1120 HIGHWAY 411, OLD FORT, TN 37362.

J. PHILLIP JONES Substitute Trustee

J. PHILLIP JONES, SUBSTITUTE TRUSTEE

SUITE C-205, NASHVILLE HOUSE

ONE VANTAGE WAY

NASHVILLE, TN 37228

(615) 254-4430

To be ran: 7/30/08, 8/06/08, 8/13/08

OF THE BOARD OF MAYOR AND COMMISSIONERS

OF BENTON, TENNESSEE

NOTICE IS HEREBY GIVEN to all members of the Board of Mayor and Commissioners of Benton, Tennessee (the "City") and all residents of said City and to all persons interested, that an open public and regular meeting of the Board of Mayor and Commissioners of the City will be held at Benton Municipal Building, Tennessee at 5:00 p.m., local time, on Monday, August 4, 2008, for the purpose of considering all matters as may be properly presented to the Board of Mayor and Commissioners of the City, including without limitation the consideration of resolutions authorizing the issuance of a $350,000 General Obligation Bond, the proceeds of which will be used to finance street improvements for the City.  

This notice is given pursuant to the provisions of Sections 8-44-101 to 8-44-106, inclusive, Tennessee Code Annotated.

Deborah Swigert, Recorder

6934301.1

The City of Ducktown will be accepting sealed bids for a vacant building located at 329 Main Street, Ducktown TN 37326. Sealed bids must be received at Ducktown City Hall 327 Main Street no later than 4pm on August 13, 2008. Bids will be opened August 13, 2008 at City Hall at 6 pm.

The City of Ducktown reserves all rights to refuse any or all bids on this property.

James Talley,

Mayor

TRUSTEE'S SALE

     

WHEREAS, by Trust Deed dated the 30TH day of June, 1999 JAMES CARROLL and wife, BRENDA CARROLL did convey in trust certain land therein described to secure a Promissory Note duly incorporated in said Trust Deed to BENTON BANKING COMPANY by reference and said Trust Deed was duly recorded in the Register's Office of Polk County, Tennessee, in Trust Book 240, page 291;              

 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 21st day of August, 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:

BEGINNING at a stake in the Benton-Parksville Road at the extreme Southeast corner of the one and one-half acre of land owned by J.D. Woody; thence Westward with the Woody-Shelton line, 140 feet to a stake in the Woody-Shelton line; thence Northwardly and parallel with the right of way of the Benton-Parksville Road, 70 feet to a stake; thence Eastward and parallel with the Woody-Shelton line, 140 feet to the right of way of the Benton-Parksville Road; thence Southward with the right of way of the Benton-Parksville Road, 70 feet to the beginning.

Being the real estate conveyed to James Carroll and wife, Brenda Carroll  by deed of record in DB 210, page 9, ROPCT.

Being Tax Map No. 55 Parcel 7.00

The street address is believed to be 1401 Welcome Valley Road, Benton, TN 37307.

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 21stday of July, 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:  7/30/08; 8/6/08 and 8/13/08.

In accordance with federal law, The Polk County School system is informing parents of former special education students of the intent to destroy old records for students who exited school before 2004.

Records may include test results, evaluations, IEP documents, correspondence, due process hearing transcripts, IEP meeting minutes, teacher-produced records and a variety of other tangible items.

Federal regulations at 34 C.F.R. 300.624 provide that local education agencies must inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational serves to the child. The regulation further provides that information must be destroyed at the request of the parents. However, a permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained by the local education agency without time limitation. 34 C.F.R. 300.611 (a) defines destruction as physical destruction or removal of personal identifiers information so that information is no longer personally identifiable. Therefore, local education agencies may, and should, retain in perpetuity, a permanent record of the student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed even if the parents request that the entire student record be destroyed.

Federal regulations at 34 C.F.R. 80.42 (b) provide that local education agencies receiving federal funds are required to retain for three years records necessary to show compliance with federal and state mandates. Therefore, upon expiration of three years after last expending federal funds on behalf of a child with a disability, local education agencies may begin the destruction of personally identifiable information prior to the expiration of the three year period by removing any reference which makes the information personally identifiable and still be in compliance with federal regulations.

All inquiries should be directed to the Polk County Board of Education Central Office.

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 22, 2005, and the Deed of Trust of even date securing the same, recorded August 2, 2005, at Book 323, Page 357 in Office of the Register of Deeds for Polk County, Tennessee, executed by Diane Stiles, conveying certain property therein described to C. Thomas Cates as Trustee for America's Moneyline Inc.; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on August 18, 2008 on or about 1:00 P.M., at the Polk County Courthouse, Benton, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Polk County, Tennessee, and being more particularly described as follows:

A certain tract of land, situated in Sections 15 and 22, Fractional Township 3, South Range Five, east of the Ocoee Basis Line in the Third Civil District of Polk County, City of Turtletown and State of Tennessee, being located on Stansbury Road and being more particularly described as follows:  Beginning at a point located on the northwest corner of the property herein conveyed, said point of beginning being a corner common to the south right of way of 18 foot asphalt road, known as Stansbury Road said right of way being 30 feet from the centerline, and the east right of way of 12 foot gravel road, said right of way being 30 feet mentioned (15 feet from the centerline) said point of beginning being located south 74 degrees 27 minutes 50 seconds east a distance of 61.96 feet from the southeast corner of concrete box culvert, from said point of beginning, leaving with of way of said gravel road and along with the south right of way of Stansbury Road, south 86 degrees 10 minutes 08 seconds east a distance of 135.02 feet to an iron pin and corner common to the property herein conveyed, said right of way and other property of Ray Hughes, thence leaving said right of way and along with Hughes property, south 13 degrees 43 minutes 52 seconds east a distance of 290.19 feet to an iron pin, thence north 78 degrees 30 minutes 16 seconds west a distance of 189.12 feet to an iron pin located on the aforementioned east right of way of 12 foot gravel road, thence leaving Hughes property line and along with said right of way the following two calls and distances:  North 08 degrees 44 minutes 22 seconds west a distance of 150.30 feet, thence north 02 degrees 29 minutes 30 seconds east a distance of 104.76 feet to the point of beginning, containing 1.0 acres, more or less as surveyed by Phillip G. Allen, Registered Land Surveyor, Tennessee No. 1530, and shown on Plat of Survey dated September, 1988 a copy of which is attached to said Deed for a more complete description and hereby incorporated by reference.  Bounded on the north by south right of way of Stansbury Road, on the east and south by Ray Hughes and on the west by right of way of 12 foot gravel road.  Tax ID# 094-008.01

ALSO KNOWN AS:  113 Hughes Hollow Road, Turtletown, Tennessee 37391

This sale is subject to all matters shown on any 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.  In addition, the following parties may claim an interest in the above-referenced property:  Diane Stiles

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time.  The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.  W&A No. 942-142254

DATED July 22, 2008.

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

Insertion Dates: July 23, July 30, August 6, 2008

                

By:    Shellie Wallace

 

The third quarter meeting of the Executive Committee of the Polk County Joint Economic and Community Development Board will be held on Friday, August 8, 2008 at 10:00 a.m. EDT, at Ducktown city Hall on Main Street. 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 (423) 640-4636.

To be ran: 7/23

Default having been made in the payment of the debts and obligations secured to be paid in a certain Deed of Trust executed on August 18, 2006, by Douglas Harold Ledford, to Equity Title, Trustee, as the same appears of record in the Office of the Register of Polk County, Tennessee, as Book TD341, page 461, (the "Deed of Trust"); and

WHEREAS, the Original Trustee has been replaced by E. Franklin Childress, Jr., Blair B. Evans and K. David Waddell as Substitute Trustees, as recorded in Book MS128, page 383 in said Register's Office, any one of whom is empowered to serve with all the title, powers, and duties of the Original Trustee named in said Deed of Trust described above; and

WHEREAS, CitiMortgage, Inc., the owner by assignment of the debt secured by said Deed of Trust, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of the debt and obligations secured, at the option of the owner, after being authorized to proceed with a sale under the aforesaid Deed of Trust in the event of a default thereunder, this is to give notice that the undersigned will on Thursday, August 7, 2008, commencing at one o'clock (1:00 p.m.), at the main entrance of the Courthouse, Benton, Polk County, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Polk County, Tennessee, to wit:

TO FIND THE POINT OF BEGINNING COMMENCE AT THE NORHTWEST CORNER OF THE MILEN PROPERTY AS DESCRIBED IN DEED BOOK 64, PAGE 462, IN THE REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE; GO THENCE NORTH 61º 03' WEST, 229.5 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 28º 57' WEST, 200 FEET TO AN IRON PIN; THENCE SOUTH 39º 72' WEST, 368.2 FEET TO AN IRON PIN; THENCE NORTH 72º 23' WEST, 214 FEET; THENCE NORTH 45º 28' WEST, 47.1 FEET TO THE SOUTHWEST CORNER OF THE LAND HEREIN CONVEYED, BEING IN THE CENTER OF A BRANCH; THENCE WITH THE CENTER OF THE BRANCH THE FOLLOWING COURSES AND DISTANCES: NORTH 84º 35' EAST, 29.1 FEET; NORTH 22º 51' EAST, 26.9 FEET; NORTH 65º 20' EAST, 50.7 FEET; NORTH 30º 06' EAST, 47.9 FEET; NORTH 3º 15' EAST, 17.7 FEET; NORTH 46º 32' EAST, 95.3 FEET; NORTH 31º 19' EAST, 90.9 FEET; NORTH 10º 39' WEST, 15.9 FEET; NORTH 42º 39' EAST, 51 FEET; NORTH 18º 58' EAST, 40.6 FEET; NORTH 59º 22' EAST, 41.7 FEET; NORTH 1º 00' EAST, 17 FEET; NORTH 44º 28' EAST, 41.3 FEET; THENCE LEAVING THE CENTER OF THE BRANCH AND GOING NORTH 16º 10' EAST, 71.4 FEET TO A POINT IN THE SOUTH LINE OF HIWASSEE LAND COMPANY PROPERTY AS DESCRIBED IN DEED BOOK 97, PAGE 232, IN THE REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND HEREIN CONVEYED; THENCE WITH THE SOUTH LINE OF HIWASSEE LAND COMPANY PROPERTY SOUTH 61º 03' EAST, 240.3 FEET TO THE PLACE OF BEGINNING. AS SHOWN BY PLAT OF SURVEY BY BARRY SAVAGE DATED 1/14/97. ALSO CONVEYED IS A 20 FOOT EASEMENT FOR INGRESS AND EGRESS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THE LAND HEREIN CONVEYED; THENCE SOUTH 61º 03' EAST, 200 FEET TO A POINT; THENCE SOUTH 28º 57' WEST, 20 FEET TO A POINT; THENCE NORTH 61º 03' EAST, 200 FEET TO A POINT IN THE EAST LINE OF THE LAND DESCRIBED ABOVE; THENCE WITH THE EAST LINE OF THE LAND DESCRIBED ABOVE NORTH 28º 57' EAST, 20 FEET TO THE PLACE OF BEGINNING.BEING THE SAME PROPERTY CONVEYED TO DOUGLAS HAROLD LEDFORD BY DEED FROM HAROLD C. LEDFORD AND WIFE, RUTH LEDFORD, RECORDED ON THE 29TH DAY OF AUGUST, 1997 IN BOOK 197, PAGE 230, IN THE REGISTER'S OFFICE OF POLK COUNTY, TENNESSEE.    

Property address:    290 Bill Milen Lane, Oldfort, TN 37362

The street address of the above described property is believed to be290 Bill Milen Lane, Oldfort, TN 37362, but such address is not a part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

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.

The sale of the above described property shall be subject to unpaid property taxes, assessments, subdivision restrictions, building lines, easements, and all prior liens and encumbrances of record superior in right to the Deed of Trust.

All right and equity of redemption, statutory or otherwise, homestead and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

E. Franklin Childress, Jr.

Blair B. Evans

K. David Waddell

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

To be ran: 7/16, 7/23, 7/30/08

WHEREAS, by Deed of Trust dated July 27, 2005, and recorded on September 29, 2005, in Book 326, Page 249 in the Register's Office of Polk County, Tennessee ("Register's Office"), as modified by a Modification of Deed of Trust dated May 31, 2006, and recorded on December 11, 2006, in Book 348, Page 3, in said Register's Office, and the Modification and Extension of Deed of Trust dated March 8, 2007, and recorded on April 9, 2007, in Book 355, Page 386, in said Register’s Office (collectively as amended the "Deed of Trust"), Claude C. Hughes, a/k/a Christopher Hughes conveyed to Laura Crawford, Trustee, the property herein described to secure payment of a Promissory Note dated July 27, 2005, in the original principal amount of Seventy-Three Thousand Nine Hundred Thirty and 15/100 Dollars ($73,930.15), as modified, extended, increased and replaced by Promissory Note dated May 31, 2006, in the original principal amount of Eighty-Three Thousand One Hundred Fifty-Three and 60/100 Dollars ($83,153.60), as further modified, extended, increased and replaced by a Commercial Fixed Rate Note dated March 8, 2007, in the original principal amount of Ninety-Nine Thousand Six Hundred Thirty-Three and 68/100 Dollars ($99,633.68) (the "Note"), payable to Cadence Bank, N.A. by Claude C. Hughes.

WHEREAS, Bruce C. Bailey, was appointed successor Substitute Trustee under the terms of the Appointment of Substitute Trustee executed by Cadence Bank, N.A. on July 2, 2008, and recorded on July 8, 2008, in Book MS128, Page 427, in said Register's Office, with all the rights, powers and privileges of the original Trustee named in the Deed of Trust; and

WHEREAS, default having been made in the payment of the Note secured by the Deed of Trust and in the performance of covenants contained in the Deed of Trust to which reference is made for recital of terms and conditions, and wherefore Cadence Bank, N.A., the lawful owner and holder of the Note and Deed of Trust, has declared the entire balance thereon due and payable;

NOW, THEREFORE, pursuant to the authority vested in me as Substitute Trustee, I shall, at the request of the owner of the Note, at 10:00 o'clock a.m. EST on Wednesday, August 6, 2008, offer for sale at public outcry to the highest and best bidder for cash, at the courthouse steps of the Polk County Courthouse in the City of Benton, Polk County, Tennessee, in bar of all statutory and common law equities of redemption, dower and homestead and all other rights and exemptions of every kind, the following described real estate located in Copperhill, Polk County, Tennessee and commonly known as 577 Bethlehem Road, Copperhill, Tennessee 37317 to-wit:

Tract I:

A certain tract of land lying and being in Section 35, Fractional Township 3, South Range 5 East of the Ocoee Basis Line, and being more particularly described as follows:

BEGINNING at a #4 rebar set on the western right-of-way of Burgertown Road and running along said right-of-way of Burgertown Road South 16° 48' 38" East a distance of 72.78 feet to a point at the center of a 10' gravel drive; thence, leaving said right-of-way and running along the northern right of way of Bethlehem Road, South 70° 00' 17" West a distance of 221.73 feet; thence, in a right hand curve, South 70° 42' 55" West a chord distance of 64.79 feet, _=6° 07' 17", R=606.73', L=64.82' to a 4# rebar set; thence, leaving said right-of-way of Bethlehem Road, North 40° 45' 36" West a distance of 198.03 feet to a #4 rebar set; thence, North 34° 33' 23" East a distance of 123.62 feet to TCC monument #207, a 2" open top found with cap; thence North 78° 03' 06" East a distance of 124.64 feet to a 15" and 18" twin pine; thence, South 59° 11' 41" East a distance of 2.74 feet to an 1" iron rod; thence, South 59° 11' 41" East a distance of 216.21 feet to the point of beginning, containing 1.56 acres, and shown as Tract 10A on plat of survey for Chris Hughes, dated April 18, 2005 and prepared by Lewis R. Shelton, T.R.L.S. #2525, Hayes, James & Associates, 1009 N. Tennessee Street, Cartersville, Georgia, which said plat is incorporated herewith by reference for a more complete description of the subject property.

SUBJECT TO a non-exclusive easement along a 10' gravel drive which begins at Bethlehem Road and runs along the southwest corner of the property herein conveyed to Tract 10B as shown on the above referenced survey plat.  Said easement was granted in warranty deed to Christopher C. Hughes recorded in Warranty Deed Book 238, Page 23 in said Register's Office.

BEING AND INTENDED TO BE A PART OF THE SAME PROPERTY CONVEYED TO Christopher C. Hughes, unmarried, by Warranty Deed recorded in Warranty Deed Book 238, Pages 25-26 in said Register's Office.

Tract II:

A certain tract of land lying and being in Section 35, Fractional Township 3, South Range 5 East of the Ocoee Basis Line, and being more particularly described as follows:

BEGINNING at a #4 rebar set on the northern right-of-way of Bethlehem Road and running along the said right-of-way of Bethlehem Road in a right hand curve, South 85° 30' 18" West a chord distance of 246.67 feet, _ = 23° 27' 27", R=606.73', L=248.40' to a #4 rebar set; thence, leaving the said right-of-way of Bethlehem Road, North 34° 33' 23" East a distance of 205.60 feet to a #4 rebar set; thence, South 40° 45' 36" East a distance of 198.03 feet to the point of beginning, containing 0.50 acres, and shown as Tract 10B on plat of survey for Chris Hughes, dated April 18, 2005 and prepared by Lewis R. Shelton, T.R.L.S. #2525, Hayes, James & Associates, 1009 N. Tennessee Street, Cartersville, Georgia, which said plat is incorporated herewith by reference for a more complete description of the subject property.

Also conveyed herewith is a non-exclusive easement along a 10' gravel drive which begins at Bethlehem Road and runs along the southwest corner of Tract 10A to Tract 10B as shown on the above reference survey plat.  Said easement is for the purpose of ingress, egress and utility service and for the benefit of the Grantees, his successors, heirs and assigns and shall be a burden running with the land.

BOTH TRACTS ARE SUBJECT TO:  hydrocarbon estate reserved by Tennessee Chemical Company in warranty deed to B.M. Hughes and B.M. Hughes, Jr. recorded in Warranty Deed Book 116, Page 91 in said Register's Office.

BOTH TRACTS ARE SUBJECT TO:  any and all governmental zoning and subdivision regulations.

Located on Tract I and Tract II are power lines, power poles, meter poles, and telephone boxes as shown on the above referenced survey plat, and is therefore subject to any and all easements pertaining to these utilities.

BEING AND INTENDED TO BE A PART OF THE SAME PROPERTY CONVEYED TO Christopher C. Hughes, unmarried, by Warranty Deed recorded in Warranty Deed Book 238, Pages 23-24 in said Register's Office.

Taxes for the year 2006 are delinquent and are now due and payable in the amount of $607.40 (amount good through July 31, 2008).

Taxes for the year 2007 are delinquent and are now due and payable in the amount of $586.00 (amount good through July 31, 2008).

Tax Parcel No. 105-031.06.

The sale will be made subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist, including, without limitation, any unpaid ad valorem taxes or other taxes, and also subject to any right to redemption that may otherwise exist.    The Substitute Trustee makes no covenant of warranty or seizing, but will sell and convey as Substitute Trustee only.

The sale will be made for the purpose of paying the indebtedness secured by the Deed of Trust and the proceeds thereof will be applied as provided by the terms of the Deed of Trust.

This 11th day of July, 2008.

Bruce C. Bailey

Substitute Trustee

To be ran: 7/16, 7/23, 7/30/08