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8-K - CORNERSTONE BANCSHARES, INC. 8-K - SMARTFINANCIAL INC.a6242388.txt
EX-10.2 - EXHIBIT 10.2 - SMARTFINANCIAL INC.a6242388ex10_2.txt

                                                                    Exhibit 10.1

                     FEDERAL DESPOSIT INSURANCE CORPORATION
                                WASHINGTON D.C.

--------------------------------
In the Matter of                )                        STIPULATION
                                )                   TO THE ISSUANCE OF A
CORNERSTONE COMMUNITY BANK      )                       CONSENT ORDER
CHATTANOOGA, TENNESSEE          )
                                )
                                )                        FDIC-10-037b
(INSURED STATE NOVEMBER BANK)   )
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     Subject  to  the  acceptance  of this STIPULATION THE ISSUANCE OF A CONSENT
ORDER  ("STIPULATION") by the Federal Deposit Insurance Corporation ("FDIC"), it
is  hereboy  stipulated  and agreed by and between a representative of the Legal
Division  of  the  FDIC  and Cornerstone Community Bank, Chattanooga, Tennessee,
("Bank")  as  follows:

     1.  The Bank has been advised of its right to the issuance and service of a
NOTICE  OF  CHARGES  AND  OF  HEARING  detailing  the  unsafe or unsound banking
practices  and  violations  of  law  and/or  regulations  alleged  to  have been
committed by the Bank and of its right to a hearing on the alleged charges under
section  8(b)  of  the  Federal  Deposit  Insurance  Act  ("Act"), 12 U.S.C. ss.
1818(b),  and  the  Bank  has  waved  those  rights.

     2.  The  Bank,  solely  for  the  purpose  of  this  proceeding and without
admitting  or denying any of the charges unsafe or unsound banking practices and
violations of law and/or regulations, hereby consents and agrees to the issuance
of a CONSENT ORDER ("ORDER") by the FDIC. The Bank further stipulates and agrees
that  such  ORDER  shall be deemed to be a final ORDER and that said ORDER shall
become effective upon its issuance by the FDIC and shall be fully enforceable by
the  FDIC  pursuant  to the provisions of section 8(i) of the Act, 12 U.S.C. ss.
1818(i),  subject  only  to  the  conditions  set  forth  in paragraph 3 of this
STIPULATION.


3. In the event the FDIC accepts the STIPULATION and issues the ORDER, it is agreed that no action will be taken by the FDIC to enforce said ORDER in a United States District Court unless the Bank or any institution-affiliated party has violated or is about to violate any provision of the ORDER. 4. Solely for the purpose of this proceeding, the Bank hereby waives: (a) The issuance and service of a NOTICE OF CHARGES AND OF HEARING; (b) All defenses to the alleged charges in the NOTICE OF CHARGES AND OF HEARING; (c) A hearing for the purpose of taking evidence on such alleged charges; (d) The filing of PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; (e) A RECOMMENDED DECISION of an Administrative Law Judge; (f) The filing of exceptions with respect to such RECOMMENDED DECISION; and (g) Review of the ORDER by any Federal court. Dated this____day of____, 2010. FEDERAL DESPOSIT INSURANCE CORPORATION LEGAL DIVISION BY: ------------------ Michael R. Tregle Counsel
CORNERSTONE COMMUNITY BANK CHATTANOOGA, TENNESSEE BY: /s/ Frank Hughes ------------------ Frank Hughes BY: /s/ Wesley M. Welborn --------------------- Wesley M. Welbor