Legal & Public Notices For The Week Of 11/22/18
Legal & Public Notices For The Week Of 11/22/18
NOTICE OF SUBSTITUTE TRUSTEE’S SALE WHEREAS, Clifford Price and Nellie M. Price, Husband and Wife by Deed of Trust (the “Deed of Trust”), dated May 7, 2013 and of record in Deed Book 262, Page 699, Register’s Office of Smith County, Tennessee, conveyed to Lakeside Title & Escrow, LLC, Trustee, the hereinafter described real property to secure the payment of a certain Promissory Note (the “Note”) described in the Deed of Trust, which Note was payable to Mortgage Electronic Registration Systems, Inc.,(MERS), as nominee for SouthPoint Financial Services, Inc., as last transferred to Home Point Financial Corporation by assignment recorded in Deed Book 337 Page 631 in the Register’s Office of Smith County, Tennessee records, and WHEREAS, Mantenn, LLC has been duly appointed Substitute Trustee by the owner and holder of the Note by instrument recorded in Smith County, Tennessee record. WHEREAS, default has been made in the payment of the Note; and WHEREAS, the owner and holder of the Note has demanded that the hereinafter described real property be advertised and sold in satisfaction of the indebtedness and costs of foreclosure in accordance with the terms and provisions of the Note and Deed of Trust. The notice requirements of T.C.A. §35-5-117 have been satisfied. NOW, THEREFORE, notice is hereby given that an agent of Mantenn, LLC, Substitute Trustee, pursuant to the power, duty, and authority vested in and conferred by the Deed of Trust, will on December 4, 2018 at 2:00 p.m. at the Smith County Courthouse, 211 North Main Street, Carthage, Tennessee, be sold to the highest call bidder for cash free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Smith County, Tennessee, described as follows: The Land referred to herein below is situated in the County of Smith, State of Tennessee, and is described as follows: Property known as 406 1st Avenue E. Carthage, TN 37030, County of Smith Tract No. 1: Being a house and lot approximately 65 feet by 100 feet located in the Town of Carthage, and being designated as Lot No. 8, in the High Addition to Carthage, a plat of same being of record in Deed Book 36, Page 176-177, Register’s Office, Smith County, Tennessee. Said lot bounded generally as follows: North by High Street; East by Lot No. 9; South by Mrs. Josie Reynolds, West by Lot No. 7. Said lot fronts High Street a distance of 75 feet and runs back between parallel lines south to the property of Mrs. Josie Reynolds. Excluded from the foregoing description is a 10-foot conveyance dated April 23, 1963, from Effie Farmer, et al, conveying a portion of Lot No. 8. Tract No. 2: Being a portion of Lot No. 8 in the High Addition as platted in Book 36, Page 176, Register’s Office, Smith County, Tennessee. Beginning at a fence post on the south side of High Street and running south along the High property 210 feet to a fence post; thence westerly along a fence bordering the Reynolds property 75 feet to a fence post; thence running north 110 feet along a fence bordering the Hardcastle property to a stake; thence running east 65 feet to a stake; thence running north 100 feet to a stake on the south side of High Street; thence easterly 10 feet to the point of Beginning. Being the same property conveyed to Clifford Price and Nellie M. Price by Quitclaim Deed from Nellie M. Price dated April 30, 2013 filed of record in Book 262, Page 147, said Register’s Office. Also being the same property conveyed to Nellie M. Price, her heirs and assigns by Quitclaim Deed from Roy Lee Garcia and Sally Darlene Garcia dated March 2, 2004 filed of record in Book 102, Page 212, said Register’s Office. Tax Map and Parcel ID is as follows 54H-L-016.00 & 017.00 Tax Parcel Identification Number: 54H-L-016.00 & 017.00 The street address of the above described property is believed to be 406 First Avenue East, Carthage, TN 37030, but if such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. Owner of Property: Clifford Price and Nellie M. Price, Husband and Wife In addition, the following parties may claim an interest in the above-referenced property: D T McCall & Sons by lien at Book 309, Pag 205, Smith County, Tennessee records. 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. All right of equity of redemption, statutory and otherwise, and homestead 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. 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. Publication Dates: November 15, 22 and 29, 2018 . Mantenn, LLC, Substitute Trustee Richard B. Maner, P.C. 5775 Glenridge Dr., Bldg D, Ste 100 Atlanta, Georgia 30328 (404) 252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC18-196 11-15-3t
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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 06/20/2001, and the Deed of Trust of even date securing the same, recorded 06/25/2001, in Rec # 61878 BK 38 PG 141-147, in Office of the Register of Deeds for Smith County, Tennessee, executed by Wanda L. Peters, conveying certain property therein described to Mary Ruth Tackett, Davidson County as Trustee for USDA, as nominee for Rural Housing Service, U.S. Department of Agriculture, its successors and assigns; and the undersigned, The Sayer Law Group, P.C., having been appointed Successor Trustee by Mary Ruth Tackett, Davidson County, as trustee for Rural Housing Service, U.S. Department of Agriculture. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of The Sayer Law Group, P.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Mary Ruth Tackett, Davidson County, as trustee for Rural Housing Service, U.S. Department of Agriculture, will, on 12/11/2018 on or about 10:00 AM, at the Smith County Courthouse, Carthage, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Smith County, Tennessee, and being more particularly described as follows: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE SECOND (3RD) CIVIL DISTRICT OF SMITH COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOCATED IN THE 3RD CIVIL DISTRICT OF SMITH COUNTY, TENNESSEE, ON THE NORTH SIDE OF HACKETT HOLLOW ROAD, AND BEING A PORTION OF THE PROPERTY FOUND IN DEED BOOK 52, PAGE 347, REGISTER’S OFFICE OF SMITH COUNTY, TENNESSEE. SEE TAX MAP 26, PARCEL 22.00, TAX ASSESSOR’S OFFICE OF SMITH COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN THE NORTH MARGIN OF HACKETT HOLLOW ROAD, SAME BEING THE SOUTHWEST CORNER OF THIS TRACT AND THE SOUTHEAST CORNER OF TRACT #1 OF THE NESBITT ESTATE (22.2 ACRES AS PER SURVEY OF SAME DATE), ALSO BEING 67.29 FEET EAST OF THE SOUTHEAST CORNER OF JOHN G. FAHNER AS YOU MEASURE ALONG SAID MARGIN; THENCE LEAVING ROAD WITH LINE OF SAID TRACT #1 NORTH 10 DEGREES 49 MINUTES 44 SECONDS EAST 134.19 FEET TO AN IRON ROD; THENCE NORTH 05 DEGREES 48 MINUTES 08 SECONDS EAST 226.48 FEET TO A POINT IN THE CENTER OF THE BRANCH; THENCE CONTINUING WITH LINE OF SAID TRACT #1 AND CENTER OF THE BRANCH FOR THE NEXT TWO (2) CALLS; NORTH 49 DEGREES 56 MINUTES 53 SECONDS EAST 95.76 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 36 SECONDS EAST 34.14 FEET TO A POINT IN THE CENTER OF THE BRANCH; THENCE LEAVING BRANCH WITH LINE OF TRACT #3 OF THE NESBITT ESTATE (1.30 ACRES AS PER SURVEY OF SAME DATE) SOUTH 01 DEGREE 29 MINUTES 19 SECONDS EAST 362.64 FEET TO AN IRON ROD IN THE NORTH MARGIN OF HACKETT HOLLOW ROAD; THENCE WITH SAID MARGIN ALONG A CURVE PROCEEDING COUNTER-CLOCKWISE, HAVING A DEFLECTION ANGLE OF 11 DEGREES 41 MINUTES 30 SECONDS, A RADIUS OF 866.60 FEET, A TANGENT LENGTH OF 88.73 FEET, AND A CHORD OF SOUTH 66 DEGREES 54 MINUTES 36 SECONDS WEST 176.53 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 176.84 FEET TO THE POINT OF BEGINNING CONTAINING 1.04 ACRES MORE OR LESS BY SURVEY BY CARROLL DEAN CARMAN, REGISTERED. LAND SURVEYOR. SEE PLAT OF RECORD IN PLAT CABINET B, SLIDE 162, REGISTER’S OFFICE, SMITH COUNTY, TENNESSEE. BEING THE PROPERTY CONVEYED TO DOUG WEST AND CD. POINDEXTER BY DEED FROM REX NESBITT EX AL, DATED NOVEMBER 20, 2000, OF RECORD IN RECORD BOOK 2 5, PAGE 653, REGISTER’S OFFICE OF SMITH COUNTY, TENNESSEE. PARCEL ID: 022.03 000026 ALSO KNOWN AS: 101 Hackett Hollow Road, Carthage, TN 37145 Parcel ID: 026-022.03 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: Wanda L. Peters Spouse of Wanda L Peters Parties in Possession and Occupants Selene Finance LP 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. DATED October 30, 2018 THE SAYER LAW GROUP, P.C., AS SUCCESSOR TRUSTEE 11-15-3t
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CHANCERY COURT (PROBATE DIVISION) LAND SALE IN RE: THE ESTATE OF: CATHERINE PEARL MCGIBBONEY, DECEASED CINDY WILMORE, PERSONAL REPRESENTATIVE No. P-2257 In obedience to a decree of the Chancery Court (Probate Division) at Carthage made on November 16, 2018, in the above styled cause, I will on Saturday, the 15th day of December, 2018, at 10:00 o’clock A.M., on the premises, sell to the highest and best bidder the property in said decree described, being land located in the Fourteenth (14th) Civil District of Smith County, Tennessee, 125 Hailey Avenue, Carthage, and described as follows: MAP: 053C GROUP: B PARCEL: 06.00 BEING property located in the Town of South Carthage, 14th Civil District of Smith County, Tennessee and being described as follows: to wit: BEGINNING on the northwest corner of said lot; the same being the southwest corner of Thomas Lot, and running thence eastward to a stake in the Thomas McCall line; running thence southward with the line and the said Dave Manning McCall line to Jewell Clay Franklin and wife, Sue Agee Franklin northeast corner; thence with Jewell Clay Franklin and wife line westward to the east margin of Hailey Avenue; thence with the said east margin of said avenue northward 70 front fee to the BEGINNING, being a lot with a frontage of 70 feet and running eastward between parallel lines 70 feet apart. BEING the same property vested in Gordon Agee and wife, Catherine Agee, by deed from Hugh Hailey and wife Rhodalee Hailey, of record in Deed Book 79, Page 477, Register’s Office for Smith County, Tennessee. The said Gordon Agee predeceased Catherine Agee, who died January 2, 2018. Catherine Agee and Catherine Pearl McGibboney is one and the same person. Sale will be made for cash. This 15th day of December, 2018. David Bass Attorney for Estate of Catherine Pearl McGibboney Thomas S. Dillehay, Clerk and Master 11-22-4t
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NOTICE TO CREDITORS ESTATE OF Billy Eastes Notice is hereby given that on the 9th day of November, 2018, Letters Testamentary, in respect to the estate of Billy Eastes, Deceased, who died on the 29th day of October, 2018, were issued to the undersigned by the Probate Court of Smith 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 on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) 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 the 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 the 9th day of November, 2018. Signed Margaret Eastes Scott, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 11-15-2t
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Trustee’s Sale WHEREAS, on the 28th day of October, 2013, by Deed of Trust of record in the Register’s Office of Smith County, Tennessee in Record Book 269, Page 752, DLT ENTERPRISES, LLC conveyed to SAMUEL L. MOORE, Trustee, the hereinafter described real estate to secure payment of a promissory note which is fully described in said Deed of Trust; and, WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and HALL INVESTMENTS, L.P., Cookeville, Tennessee, the holder of said indebtedness has declared the entire amount due and payable as provided in said Deed of Trust, and the Trustee has been directed to foreclose the Deed of Trust in accordance with the terms thereof, the public is hereby notified that the undersigned Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand, at the front door of the old Smith County Courthouse located at 211 Main Street North, Carthage, Tennessee 37030, at 1:00 P.M. prevailing time on Friday, December 7, 2018, in bar of the equity of redemption. The real estate to be sold is located in the Town of Carthage, First (1st) Civil District of Smith County, Tennessee and being more particularly described as follows, to-wit: MAP: 046M GROUP: B PARCEL: 001.00 BEING located in the 1st Civil District, Smith County, Tennessee, on the north side of Industrial Drive in the Town of Carthage, and being the property of record in Record Book 126, Page 319, Register’s Office, Smith County, Tennessee. See Tax Map 46-M, Parcel B-1.00, Tax Assessor’s Office, Smith County, Tennessee, and more particularly described as follows: BEGINNING at an iron rod in the north margin of Industrial Drive, same being the southeast corner of this tract and the southwest corner of the Carthage Tennessee, LLC property (RB 200, PG 782, ROSCT); thence with said margin South 53 degrees 32 minutes 57 seconds West 127.54 feet to a railroad spike in said margin; thence leaving road with line of Melvin Grace (DB 107, PG 639, ROSCT) South 52 degrees 38 minutes 14 seconds West 432.33 feet to a point in center of branch (passing a pipe at a metal post at 395.46 feet); thence with center of branch and line of Phillip L. Upchurch (RB 11, PG 780, ROSCT) for the next six (6) calls: North 49 degrees 36 minutes 58 seconds West 46.13 feet; thence North 67 degrees 55 minutes 49 seconds West 38.84 feet; thence North 09 degrees 51 minutes 31 seconds West 68.67 feet; thence North 65 degrees 39 minutes 32 seconds West 27.00 feet to a point in branch, same being South 58 degrees 33 minutes 54 seconds West 19.51 feet from a witness iron rod at a forked boxelder tree; thence continuing with center of branch South 75 degrees 33 minutes 30 seconds West 92.97 feet; thence North 69 degrees 42 minutes 30 seconds West 93.58 feet to a point in the center of branch at the east bank of the Cumberland River, same being South 01 degree 37 minutes 00 seconds East 20.00 feet from a witness iron rod at a 10-inch hackberry tree; thence with the east bank of the Cumberland River North 25 degrees 10 minutes 37 seconds West 229.48 feet to an iron rod at a double maple tree; thence North 23 degrees 25 minutes 41 seconds West 272.27 feet to a point on the east bank of the Cumberland River; thence leaving river with line of Wayne Pryor (RB 234, PG 615, ROSCT) North 73 degrees 23 minutes 17 seconds East 609.58 feet to an iron rod (passing a concrete monument at 22.37 feet); thence South 89 degrees 43 minutes 00 seconds East 96.70 feet to an iron rod; thence with line of the Carthage Tennessee, LLC property South 23 degrees 36 minutes 37 seconds East 337.72 feet to an iron rod; thence South 46 degrees 13 minutes 03 seconds East 168.00 feet to the point of BEGINNING, containing 9.75 acres (424,646 square feet), more or less, by survey by Carroll Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Fork Road, Hartsville, Tennessee 37074, dated October 16, 2013. AND BEING the same property conveyed to DLT Enterprises, LLC by Warranty Deed from Hall Investments, L.P., dated October 28, 2013, of record in Record Book 269, Page 749, Register’s Office, Smith County, Tennessee. The physical address of this property is 557 Industrial Drive, Carthage, Tennessee 37030. This sale is made subject to any and all unpaid real estate taxes, restrictive covenants, easements, and set back lines, and any and all redemptions and rights of any government agency, state or federal, and any and all other prior liens or encumbrances against said property, if any. 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. OTHER INTERESTED PARTIES: NONE This notice will be published in the CARTHAGE COURIER on November 15, 2018, November 22, 2018, and November 29, 2018. This the 7th day of November, 2018. SAMUEL L. MOORE, TRUSTEE BELLAR & WINKLER ATTORNEYS AT LAW 212 MAIN STREET NORTH P. O. BOX 332 CARTHAGE, TENNESSEE 37030 (615) 735-1684 11-15-3t
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NOTICE TO CREDITORS ESTATE OF Alton D. Camplin Notice is hereby given that on the 9th day of November, 2018, Letters of Administration, in respect to the estate of Alton D. Camplin, Deceased, who died on the 25th day of October, 2018, were issued to the undersigned by the Probate Court of Smith 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 on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) 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 the 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 the 9th day of November, 2018. Signed Lee Camplin, Personal Representative Thomas S. Dillehay, Clerk & Master David Bass, Attorney 11-15-2t
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Grand Jury 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 Tennessee Code Annotated, 40-12-105. The foreperson in this county is presently Andrea Waggoner, 22 Stewart Hollow Lane, Elmwood, TN 38560.” The Grand Jury will next meet on Monday, December 3, 2018 at 9:00 a.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.” Tommy Turner Smith County Circuit Court Clerk 322 Justice Drive Carthage, Tennessee 37030 11-22-18(2T)
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I have in my possession a Homestead Trailer VIN#5HABE1210HN056089. If anyone has info regarding the item contact me at 615-418-6370. 11-22-18(2T)
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The Smith County Board of Education will have the Building Committee Meeting on Monday, November 26, 2018 at 6:00 p.m. at the Smith County Board of Education, 126 S.C.M.S. Lane, Carthage, Tennessee. 11-22-18(1T)
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PUBLIC NOTICE The Carthage Town Council will meet in a Special Called meeting on November 28, 2018 at 5:00 p.m. This meeting will be held at City Hall. The purpose of this meeting is to discuss the following: Resignation letter from Vice-Mayor Randy Dennis. Consideration of appointment to fill the unexpired term. All interested citizens are invited to attend. Sarah Marie Smith, Mayor-Elect 11-22-18(1T)
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NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 6, 2018 at 6:45 p.m. South Carthage City Hall in South Carthage, Tennessee. The purpose of said meeting is to discuss the possibility of applying for a Community Development Block Grant through the Tennessee Department of Economic and Community Development. The hearing is open to the public and active participation is highly encouraged. No person in the United States should, on the grounds of race, religion, color, or national origin be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance. If special need accommodations are required, you may contact the South Carthage City Hall at 615-735-2727. Hollis Mullinax, South Carthage Mayor 11-22-18(2T)
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NOTICE OF PUBLIC HEARING A public hearing will be held on Monday, December 3, 2018, at 4:00 p.m. at the Smith County Mayor’s Office Conference Room, 122 Turner High Circle, Carthage, TN 37030. The purpose of said meeting is to discuss the possibility of applying for a Community Development Block Grant through the Tennessee Department of Economic and Community Development. The hearing is open to the public and active participation is highly encouraged. No person in the United States should, on the grounds of race, religion, color, or national origin be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance. If special need accommodations are required, you may contact the County Mayor’s office at (615) 735-2294. Jeff Mason County Mayor 11-15-18(2T)
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