NOTICE OF TRUSTEE'S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated December 28, 2007, and the Deed of Trust of even date securing the same, recorded January 3, 2008, at Book TD372, Page 1 in Office of the Register of Deeds for Polk County, Tennessee, executed by James Shelton and Robetta Shelton, conveying certain property therein described to Secure Title of Cleveland as Trustee for Mortgage Electronic Registration Systems Inc., as a separate corporation that is acting solely as a nominee for Primary Residential Mortgage, Inc. and Primary Residential Mortgage, Inc.'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 February 22, 2010 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 the First Civil District of Polk County, Tennessee, the same being Lot Forty-eight (48), in the community of Delano, according to the map or plat thereof of record in Plat Book 2, Page 80, in the Register’s Office of Polk County, Tennessee, to which reference is here made. Said lot lies at the Northwest corner of the intersection of Alabama Street and Georgia Avenue and extends back from the center of the intersection of said streets, 175 feet along Georgia Avenue and 120 feet along Alabama Street.

This conveyance is made subject to the following:

Any governmental zoning and subdivision ordinances or regulations in effect thereon.

This conveyance is made subject to Easements, Restrictions, Covenants and Conditions of record, including matters shown on recorded plats.

Subject to requirements as set out in the Legend of Round the Clock Subdivision, as recorded in Plat Book 2, Page 80, in the Register’s Office of Polk County, Tennessee.

Subject to the street easement of Alabama Street and Georgia Avenue.

ALSO KNOWN AS:  129 Alabama Street, Delano, Tennessee 37325-7006

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:  James Shelton; Robetta Shelton

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. 817‑167132

DATED February 2, 2010.

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

Successor Trustee

Insertion Dates: January 27, 2010, February 3, 2010, February 10, 2010

NOTICE OF FORECLOSURE SALE

Clark Properties & Investments, L.L.C., a Georgia limited liability company (the “Borrower”), conveyed to BB&T Collateral Service Corporation, a Tennessee corporation, as Trustee, real property in Polk County, Tennessee by Tennessee Deed of Trust, Security Agreement and Fixtures Filing dated as of May 26, 2006, recorded June 16, 2006 in Book TD337, page 335 in the Register’s Office of Polk County, Tennessee (the “Deed of Trust”) to secure payment and performance of the debt described in the Deed of Trust.

Branch Banking and Trust Company, a North Carolina banking corporation (the “Bank”), is the owner and holder of the debt secured by and the beneficiary of the Deed of Trust.

The Bank, as such owner, holder and beneficiary, appointed Richard B. Gossett as Substitute Trustee by instrument recorded in Book MS136, page 52 in said Register’s Office.
Default has been made in the payment of the debt secured by the Deed of Trust.  The Bank has declared the entire balance due and payable and has instructed the Substitute Trustee to foreclose the Deed of Trust in accordance with its terms.
NOW, THEREFORE, the Substitute Trustee, on Thursday, March 4, 2010, commencing at 11:00 a.m. at the main entrance of the Polk County Courthouse in Benton, Polk County, Tennessee, will offer for sale and sell at public auction to the highest and best bidder for cash the property therein conveyed, located on Ducks Nest Road, and described as follows:

A certain tract of land situated in the Third Civil District of Polk County, Tennessee, being located in Section 22 and 23, Fractional Township 3 South, Range 5, East of the Ocoee Basis Line, and designated as the tract containing 35.0 acres, as shown on the plat of survey for James Sluder, made by Phillip G. Allen, T.R.L.S. No. 1530, dated June 1994, recorded in Plat Book 6, page 49 in the Register of Deeds Office, Polk County, Tennessee, which reference is made for the purpose of incorporating the same as a part herein, and also shown on survey for Ricky L. Eubank and Hiroko Furtak dated May 23, 2005, prepared by Lane S. Bishop, T.R.L.S. No. 1324.  Subject to the existing 8-foot dirt road encroaching from Lot 6 as shown on said Eubank and Furtak plat.  Subject to the existing 12-foot gravel drive encroaching from Lot 6 as shown on said Eubank and Furtak plat.  Together with and subject to all rights-of-way and easements of record and as shown on the above referenced plat.  Subject to any oil, gas or mineral interest of record which have not otherwise been extinguished by law, and subject to any and all restrictions, reservations and utility easements.  Subject to existing easements and rights of way for public roads, if any.  Subject to Polk County, Tennessee subdivision regulations, mobile home regulations, and any zoning or other ordinances, if any.  Together with right of ingress, egress and utility service along existing roads to the subject property.  Being the same property conveyed to Clark Properties & Investments, LLC by Warranty Deed recorded in Deed Book WD245, page 114 in the Office of the Register of Deeds of Polk County, Tennessee.

The sale shall be in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in the Deed of Trust, but subject to the following:  (a) unpaid taxes against the property; (b) recorded easements, restrictions, conditions, covenants, rights-of-way or subdivision plats affecting the property; (c) dedication of roads affecting the property and applicable governmental zoning and subdivision ordinances and regulations, (d) prior or superior liens, judgments, deeds of trust or other interests of record; and (e) matters that an accurate survey of the property might disclose.
Notice has been given pursuant to the provisions of 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, and T.C.A. §§ 50-7-404(i)(2)(B) and 67-1-1433(b)(2) and Rule 1320-2-1-.35, if applicable.
The Property Is To Be Sold Without Covenants Or Warranties, Whether Express Or Implied, Including Without Limitation, Warranties Of Merchantability Or Fitness For A Particular Use Or Purpose.

Substitute Trustee, at his sole discretion, at the time and place appointed above for the sale, to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances, reserves the right to do any or all of the following:
1.  Postpone the sale of all or any portion of the property by public announcement at such time and place of sale, and from time to time thereafter postpone such sale by public announcement at the time fixed by the preceding postponement or subsequently noticed sale, and, without further notice, make such sale at the time and place fixed by the last postponement, or in his discretion, give a new notice of sale.
2.  Appoint an agent to sell the property in accordance with the power of sale contained in the Deed of Trust and to take other action which the Substitute Trustee may take thereunder.
3.  Elect to delay the sale for a reasonable time during regular business hours on the same day to be continued at the same place at the announced time in order to enable any bonafide bidder to determine and submit a bid, so long as no potential purchaser is thereby precluded from placing a bid.

4.  Elect to sell the property in any other manner or manners as may accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances.
The failure of the high bidder to close this sale shall be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is capable and willing to comply with the terms thereof.  The proceeds of the sale will be applied as provided in the Deed of Trust.
/s/ Richard B. Gossett, 633 Chestnut Street, Suite 1800, Chattanooga, Tennessee 37450, (423) 756-2010.

PUBLIC NOTICE

It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of TCA, Section 40-12-104.

The Grand Jury will next meet at the Benton Courthouse on Monday, the 1st day of March, 2009 at 9:00 A.M. and at the Ducktown Courthouse on the 1^st day of March, 2009 at 1:00 P.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question.

The foreman for the Benton area is Steve Harbison, and the foreman for the Ducktown area is Roger Thomasson.

CONNIE CLARK

CLERK OF COURTS