Legal & Public Notices For The Week Of 10/2716
I, Chris Mercer, have a 1966 McKormick Escape camper vin #ST3354826PLA in my possession. Anyone having a claim please contact Chris Mercer email: [email protected] 10-20-2tpd
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I, William Trusty, have vehicle in my possession, a 2003 Ford station wagon vin: 1FAFP58S93A196775. If anyone has interest in this vehicle call 615-683-5734. 10-20-2tpd
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NOTICE OF PUBLIC HEARING A public hearing will be held on Wednesday, November 16, 2016 at 10:00 a.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. Jimmy Wheeler South Carthage Mayor 10-27-16(2T)
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“AUCTION” Dale’s Towing & Recovery 158 Ashley Ave • Carthage, TN 37030 615-735-8600 November 3rd 10 am 2000 Honda Accord VIN#1HG0665YA009338 2001 Chevy Cavalier VIN#1GUC124517293154 1998 Ford F150 VIN#2FTRX27L7WCB06848 10-27-16(2T)
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AN ORDINANCE TO DECLARE ILLEGAL, CERTAIN DISRUPTIVE PRACTICES DURING HALLOWEEN, TO WIT: POSSESSION OF EGGS OR MISSILES WITH INTENT TO THROW SAME; DESTRUCTION OR ABUSE OF PERSONAL PROPERTY; ASSEMBLY FOR CREATING A DISTURBANCE; CONSUMPTION OF ALCOHOLIC BEVERAGES AND BEER; INTERFERING WITH CITY EMPLOYEES IN THEIR OFFICIAL DUTY, AND PROVIDING FOR A REASONABLE CURFEW AND PENALTIES. ORDINANCE NO. 195 Whereas, the day and night designated or known as Halloween has become a time for lawlessness, property destruction and breaches of peace, and, Whereas the citizens of this city, especially the small children the elderly and visitors have been unable to travel about the city on Halloween without fear of abuse to the person and property. Now therefore be it ordained by the City Councils of Carthage, South Carthage and Gordonsville, Tennessee that: SECTION I A. It shall be unlawful for any minor, under age of 18 years to be on the public streets, alleys, playgrounds and any other public places or private ground not owned by said minor, within the city limits of Carthage after 8:00 p.m. on October 31th or any day designated as to day to celebrate “Halloween”. B. Any persons found guilty of violating this ordinance shall be fined not less than $5.00 and no more than $50.00. C. This ordinance shall not affect the validity of any other curfew ordinance theretofore adopted and in effect within the corporate limits, but shall be exception of limitations to any ordinance. SECTION II A. It shall be unlawful for any person to possess in public, and on any street, highway, alley, public place or any property not belonging to said person within the city limits of Carthage, South Carthage and Gordonsville, Tennessee, between the hours of 6:00 p.m. and 6:00 a.m., eggs, with the intent to throw same at persons or property. B. There shall be a rebutable presumption that anyone who possesses any egg or eggs in public between the hours of 6:00 p.m. and 6:00 a.m. possesses said egg or eggs with the intent to throw said eggs at persons or property. C. Any person found guilty of possessing any egg or eggs shall be fined $10.00 per egg. D. Any person found guilty of throwing any egg or eggs shall be fined $50.00. SECTION III It shall be unlawful for any person to appear on or in any public way or place while wearing a mask, device, or hood whereby any portion of the face is hidden or covered as to conceal the identity of the wearer. The following are exempt from the provision of this section: (1) Children under the age of 14 years. (2) Workers, while engaged in work where a face covering is needed for health and or safety reasons. (3) Persons wearing gas masks in Civil Defense drills and exercises or emergencies. (4) Any person having a special permit issued by the city to wear a traditional holiday costume. Any person found guilty of violating this ordinance shall be fined not less than $5.00 and no more than $50.00. SECTION IV It shall be unlawful for any person or persons to maliciously throw any stone, stick, bottle, pumpkin or pumpkin parts, snowball, egg, or any other missile or object at any person, building or vehicle. SECTION V It shall be unlawful for any person to willfully, maliciously and intentionally damage, deface, destroy, conceal, tamper with remove or withhold any real or personal property, which does not belong to him. SECTION VI It shall be unlawful for any two or more persons to assemble together for any unlawful purpose, or for the purpose of annoyance or disturbance of citizens or travelers, or to do violence to the property of the City or person or property of another against the peace and to the terror of others, or to make any move or preparation therefore, or being present at such meeting or assembly to fail to endeavor to prevent the commission of or perpetration of such unlawful acts. It shall be unlawful for groups to march on the streets or by motorcade without having a special permit or permission from the Mayor. Any person found guilty of violating this ordinance shall be fined not less than $5.00 and no more than $50.00. SECTION VII It shall be unlawful to commit the following violations within the City of Carthage, South Carthage or Gordonsville. (1) To drink or consume any beer or other alcoholic beverage in any public place, park, or any street, alley or public thoroughfare. (2) To possess any open can, bottle, or any other open container containing beer on any school property, library property, church property, public playgrounds, public parks or public buildings, or on any parking lot open to public use or on business property other than those business places which have a license for on the premises consumption of beer. SECTION VIII It shall be unlawful for any person to knowingly resist or in any way interfere with or attempt to interfere with any officer or employee of the City while such officer or employee is performing or attempting to perform his municipal duties. Any person found guilty of violating this offense shall be fined a maximum of $50.00. THESE ORDINANCES shall take effect from and after their passage, the public welfare requiring it. Towns of CARTHAGE Mayor, Donnie Dennis Police Chief, Brit Davis SOUTH CARTHAGE Mayor, Jimmy Wheeler Police Chief, David Long GORDONSVILLE Mayor, James Milton Gibbs Police Chief, Wayne Harris 10-27-16(1T)
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The Smith County Board of Education will have a Work Session regarding the Individual Geographic Growth Plan on Tuesday, November 1, 2016, at 5:00 p.m. at the Central Office at 126 Smith County Middle School Lane, Carthage, TN 37030. 10-20-16(2T)
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PUBLIC NOTICE THE TOWN COUNCIL OF GORDONSVILLE WILL HOLD A PUBLIC MEETING AT GORDONSVILLE CITY HALL ON MONDAY, NOVEMBER 14, 2016 AT 6:00 P.M. THE PURPOSE OF THE HEARING IS TO CONSIDER AMENDING BUDGET FY16-17. ALL INTERESTED CITIZENS ARE ENCOURAGED TO ATTEND. JAMES M. GIBBS MAYOR 10-27-16(1T)
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NOTICE TO CREDITORS ESTATE OF Mark Foster Andrews Notice is hereby given that on the 18th day of October, 2016, Letters Testamentary, in respect to the estate of Mark Foster Andrews, Deceased, who died on the 5th day of October, 2016, 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 18th day of October, 2016. Signed Pamela Sue Andrews, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 10-27-2t
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In the CHANCERY COURT for Smith County, Tennessee ASCEND FEDERAL CREDIT UNION, Plaintiff/Petitioner, v. CASE #: 8187 CAPRI LAWSON, also known as CAPRI RENEE LAWSON SMITH, and ALL OCCUPANTS OR PERSONS OR ENTITIES HAVING AN INTEREST IN REAL PROPERTY COMMONLY KNOWN AS 3 GIBBS CIRCLE CARTHAGE, SMITH COUNTY, TENNESSEE, Defendants/Respondents. ORDER OF PUBLICATION In this action it appearing to the satisfaction of the Clerk and Master from Plaintiff/Petitioner’s Complaint/Petition, which is sworn to, that Defendant/Respondents, CAPRI LAWSON, also known as CAPRI RENEE LAWSON SMITH, and ALL OCCUPANTS OR PERSONS OR ENTITIES HAVING AN INTEREST IN REAL PROPERTY COMMONLY KNOWN AS 3 GIBBS CIRCLE, CARTHAGE, SMITH COUNTY, TENNESSEE, names and residences are unknown and cannot be ascertained upon diligent inquiry so that the ordinary process of law cannot be served; it is, therefore, ordered that publication be made in the Carthage Courier, a newspaper published in the Town of Carthage, Tennessee, for four (4) consecutive weeks, commanding said Defendant/Respondents to serve upon , Shearon W. Hales, Plaintiff/Petitioner’s Attorney, whose address is P.O. Box 1210, Tullahoma, TN 37388, a copy of the answer to the Complaint/Petition on or before December 1, 2016, also file an answer to the Complaint/Petition with the Clerk and Master at his office in Carthage, Tennessee, according to law. If you fail to do so judgment by default will be taken against you for the relief demanded in the Complaint/Petition. The Motion for Default will be heard on December 16, 2016, at the Trousdale County Courthouse in Harstville, Tennessee, at 9:00 a.m., or as soon thereafter as possible. This the 26th day of September, 2016. Thomas S. Dillehay, Clerk and Master 10-06-4t
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IN THE CHANCERY COURT FOR SMITH COUNTY, TENNESSEE AT CARTHAGE DELINQUENT TAX LAND SALE SMITH COUNTY, TENNESSEE PLAINTIFF VS. DELINQUENT TAXPAYERS, DEFENDANTS Consolidated Civil Action No. 7881 In obedience to a decree of the Chancery Court at Carthage, Tennessee, made in the above styled cause, I will on Thursday, November 10, 2016 at 11:00 o’clock A.M. and continuing from day to day if necessary, at 322 Justice Drive, Suite 105 in Carthage, Tennessee sell to the highest and best bidder for cash, subject to the right to redemption as fixed by law, and to liens of subsequent tax years, the following parcels of real estate owned by the Defendants in the amount of judgment liens PLUS INTEREST, PENALTY, STATUTORY ATTORNEY’S FEES AND COSTS as provided by law, against their property in favor of Smith County, Tennessee for the taxes for years through 2016 as set forth opposite their names, to-wit: Christopher Ryan Beale Taxes through 2016: $8,370.36 DI 12, Map 34, Parcel 1.25 Deed Book 160, Page 705 Hobert Linnear, Jr. Taxes through 2016: $1,613.40 DI 19, Map 105, Parcel 46.04 Deed Book 195, Page 276 Wendell E. Sowers Taxes through 2016: $2,876.74 DI 5, Map 14, Parcel 1.02 Deed Book 121, Page 315 Craig S. Cook Etux Victoria Taxes through 2016: $4,184.40 DI 12, Map 50, Parcel 38.12 Deed Book 143, Page 198 Don Todd Taxes through 2016: $10,500.51 DI 15, Map 77, Parcel 1.20 Deed Book 16, Page 615 TERMS OF SALE Said sale shall be for cash in hand and shall be subject to the statutory right of redemption. The sale on the sale date shall be absolute and final. The Clerk and Master is not authorized to receive raises after the completion of the auction of each parcel. If redemption is proposed after the sale, the redeemer shall pay interest from and after the sale date of November 10, 2016. This October 14, 2016. THOMAS S. DILLEHAY, CLERK AND MASTER BRANDEN BELLAR, DELINQUENT TAX ATTORNEY 10-20-3t
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CHANCERY COURT LAND SALE ROZELL DRIVER, ET AL PLAINTIFF, VS. ADA SUE DUKE, ET AL DEFENDANT. No. 8176 In obedience to a decree of the Chancery Court at Carthage made on October 4, 2016, in the above styled case, I will on Saturday, the 12th day of November, 2016, at 10:00 o’clock A.M., on the premises, sell to the highest and best bidder the property in said decree described, being a tract of land located in the Eighth (8th) Civil District of Smith County, Tennessee, and described as follows: MAP: 072 PARCEL: 072.00 BEING BOUNDED on the North by property of Bradley Huddleston, et ux.; East by Chaffin Lane; South by Pea Ridge Road; and West by property of Gary Bush, and containing 1.8 acres, more or less, according to the Tax Map in the Property Assessor’s Office, Smith County, Tennessee. AND BEING the same property conveyed to Abe Shoemake by deed from Estelle White McCaleb by Warranty Deed dated September 25, 1046 of record in Deed Book 55, Page 199, Register’s Office, Smith County, Tennessee. Abe Shoemake died intestate on February 13, 1980, and his wife, Willie Maud Shoemake, died testate on June 19, 2003. TERMS OF SALE Sale will be made for cash. This 14th day of October, 2016. Jacky O. Bellar, Attorney for Plaintiff Thomas S. Dillehay, Clerk and Master 10-20-3t
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TRUSTEE’S SALE WHEREAS, on the 25th day of August, 2008, by deed of trust of record in the Register’s Office of Smith County, Tennessee in Record Book 195, Page 478, JERRY GROVES, SR., conveyed to TOM WHITE, Trustee, the hereinafter described real estate to secure payment of a promissory note which is fully described in said deed of trust; and, WHEREAS, the holder of said note and renewal thereof has appointed JACKY 0. BELLAR, Substitute Trustee by instrument of record in Record Book 293, Page 662, in the Register’s Office of Smith County, Tennessee; and, WHEREAS, default has been made in the payment of said indebtedness and other provisions of the deed of trust have been violated and SMITH COUNTY BANK, Carthage, Tennessee, Branch of CITIZENS BANK, Lafayette, 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 1:15 P. M. prevailing time on Friday, November 11, 2016, in bar of the equity of redemption. The real estate to be sold is located in the Eighteenth (18th) Civil District of Smith County, Tennessee and being more particularly described as follows: MAP: 082 PARCEL: 028.02 BEGINNING at an iron pin on the western side of Opossum Hollow Road. This iron pin being approximately 113.87 feet North of where the West side of Opossum Hollow Road intersects with Pigeon Roost Road. From the beginning point proceeding in a southwesterly direction along the Western side of Opossum Hollow Road thence 113.87 feet to an iron pin; thence along Opossum Hollow Road S 79-26-04 W 158.65 feet to an iron pin; thence along Opossum Hollow Road S 69-55-49 W 100.79 feet to an iron pin; thence along Opossum Hollow Road S 53-01-00 W 325.08 feet to an iron pin at Tract #3; thence N 70-33-47 W 313.46 feet; thence N 84-04-10 W 200 feet to an iron pin; thence N 18-18-50 E 262.13 feet to an iron pin at Eastes line; thence S 84-03-47 E 400 feet to an iron pin; thence N 86-46-50 E 566.3 feet to the point of BEGINNING and being Tract #2 containing 5.11 acres, more or less, according to the survey conducted by Sam Denny, R.L.S. 1448 dated August 4, 1995. AND BEING the same property conveyed to Jerry Groves, Sr. by Warranty Deed from Charles R. Gray and wife, Bridgette J. Gray, dated October 19, 2001, of record in Record Book 44, Page 341, Register’s Office, Smith County, Tennessee. INCLUDED in this conveyance is a 1984 Clayton 2BR mobile home S/N 14X652FBR35017 and a 1990 Clayton LEV mobile home S/N CLS078716TN. The physical address of this property is: 272 Opossum Hollow Road, Watertown, Tennessee 37184. 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 October 20, 2016, October 27, 2016 and November 3, 2016. This the 4th day of October, 2016. JACKY O. BELLAR, SUBSTITUTE TRUSTEE BELLAR & WINKLER ATTORNEYS AT LAW P. O. BOX 332 CARTHAGE, TENNESSEE 37030 (615) 735-1684 10-20-3t
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NOTICE TO CREDITORS ESTATE OF Richard Elton Herman Notice is hereby given that on the 11th day of October, 2016, Letters Testamentary, in respect to the estate of Richard Elton Herman, Deceased, who died on the 29th day of September, 2016, 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 11th day of October, 2016. Signed James L. Bass, Personal Representative Thomas S. Dillehay, Clerk & Master James L. Bass, Attorney 10-20-2t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on November 22, 2016 at 2:00PM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Katherine A. Ksobiech and Michael Ksobiech, to Arnold M. Weiss, Esq., Trustee, as trustee for Wells Fargo Bank, N.A. on August 27, 2009 at Book 212, Page 311, Instrument No. 09002676; conducted by Shapiro & Ingle, LLP, a Tennessee limited liability partnership, having been appointed Substitute or Successor Trustee, all of record in the Smith County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable. Party Entitled to Enforce the Debt: Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, its successors and assigns. The following real estate located in Smith County, Tennessee, will be sold to the highest call bidder: Described property located at Smith County, Tennessee, to wit: BEING certain tracts or parcels of land located in the Second (2nd) Civil District of Smith County, Tennessee, and being more particularly described as follows: TRACT #1 – (7.910 acres): BEGINNING at a 1/2-inch rebar (new) in the South margin of Nixon Hollow Road, said rebar being 645.91 feet from the northwest corner of Tracey Timbs, also being a corner of Butler, as measured along the South margin of said road; thence leaving the South margin of Nixon Hollow Road and severing the land of Butler South 03 degrees 07 minutes 06 seconds West 1097.98 feet to a point; thence South 80 degrees 03 minutes 14 seconds West 73.79 feet to a 1/2-inch rebar (new) at a 10-inch sassafras; thence North 20 degrees 22 minutes 36 seconds West 234.57 feet to a 1/2-inch rebar (new) at an 8-inch elm; thence North 22 degrees 10 minutes 39 seconds West 195.99 feet to a 1/2-inch rebar (new) at a steel post (old); thence North 40 degrees 35 minutes 24 seconds West 180.81 feet to a 1/2 inch rebar (new) at a steel post (old); thence continuing to sever the land of Butler North 40 degrees 35 minutes 24 seconds West 180.81 feet to a 1/2-inch rebar (new) at a steel post (old); thence North 03 degrees 24 minutes 21 seconds East 316.16 feet to a 1/2 inch rebar (new) at a steel post (old); thence North 05 degrees 56 minutes 59 seconds West 154.55 feet to a 1/2-inch rebar (new) at a steel post (old); thence North 19 degrees 59 minutes 30 seconds West 145.57 feet to a 1/2-inch rebar (new) in the South margin of Nixon Hollow Road; thence with the South margin of said road North 77 degrees 59 minutes 10 seconds East 72.97 feet to a point; thence around a curve to the right an arc distance of 190.27 feet (Radius-371.10 feet, Chord-188.19 feet, Chord Bearing – South 89 degrees 57 minutes 43 seconds East) to a point; thence South 75 degrees 16 minutes 28 seconds East 199.70 feet to the point of BEGINNING, containing 7.910 acres, more or less, as surveyed by Allen Maples, Jr. R.L.S. #2171, Bartlett Surveying, 214 East Stevens Street, Cookeville, TN 38501, on May 31, 2005. TRACT #2 – (13.454 acres): BEGINNING at a 1/2-inch rebar (old) in the South margin of Nixon Hollow Road, being the northwest corner of Tracey Timbs, also being a corner of Butler; thence leaving the South margin of Nixon Hollow Road and with the West line of Tracey Timbs South 03 degrees 03 minutes 46 seconds West 56.09 feet to a 1/2-inch rebar (old) at a triple hackberry; thence South 06 degrees 13 minutes 40 seconds West 172.15 feet to a 1/2-inch rebar (old) at a large hackberry, being the southwest corner of Tracey Timbs, also being the northwest corner of Jerry Nixon; thence with the West line of Jerry Nixon South 19 degrees 32 minutes 11 seconds West 86.20 feet to a 10-inch hackberry; thence South 21 degrees 18 minutes 55 seconds West 73.37 feet to a 1/2-inch rebar (old) at an 18-inch cedar; thence South 10 degrees 38 minutes 32 seconds West 37.36 feet to a 1/2-inch rebar (old) at an 18-inch hackberry; thence South 00 degrees 19 minutes 54 seconds West 73.56 feet to a 1/2-inch rebar (old) at a 10-inch sassafras; thence South 01 degree 25 minutes 28 seconds West 90.92 feet to a 1/2-inch rebar (old) at a 14-inch hickory; thence South 10 degrees 29 minutes 08 seconds West 25.70 feet to a 1/2-inch rebar (old) at a 12-inch ash; thence South 04 degrees 20 minutes 52 seconds West 113.13 feet to a 1/2-inch rebar (old) at a 26-inch ash; thence continuing with the West line of Jerry Nixon South 09 degrees 59 minutes 51 seconds East 52.12 feet to a 1/2-inch rebar (new) at a 25-inch ash; thence South 18 degrees 14 minutes 24 seconds East 79.09 feet to a 1/2-inch rebar (new); thence leaving the West line of Jerry Nixon and severing the land of Butler South 82 degrees 33 minutes 38 seconds West 266.50 feet to a 1/2-inch rebar (new) at a 6-inch redbud; thence South 80 degrees 03 minutes 14 seconds West 357.65 feet to a point; thence continuing to sever the land of Butler North 03 degrees 07 minutes 06 seconds East 1097.98 feet to a 1/2-inch rebar (new) in the South margin of Nixon Hollow Road; thence with the South margin of said road around a curve to the left an arc distance of 156.34 feet (Radius – 848.00 feet, Chord – 156.12 feet, Chord Bearing South 80 degrees 33 minutes 22 seconds East) to a point; thence around a curve to the right an arc distance of 316.05 feet (Radius – 876.30 feet, Chord – 314.34 feet, Chord Bearing – South 75 degrees 30 minutes 21 seconds East to a point; thence around a curve to the left an arc distance of 173.52 feet (Radius – 723.50 feet, Chord – 173.10 feet, Chord Bearing – South 72 degrees 02 minutes 40 seconds East) to the point of BEGINNING, containing 13.454 acres, more or less, as surveyed by Allen Maples, Jr., R.L.S. #2171, Bartlett Surveying, 214 East Stevens Street, Cookeville, TN 38501, on May 31, 2005. BEING the same property vested in Michael S. Ksobiech and wife, Katherine A. Ksobiech by deed from Earl L. Short and wife, Cathy M. Short, of record in Record Book 212, Page 308, Register’s Office for Smith County, Tennessee. Street Address: 91 Nixon Hollow Ln, Pleasant Shade, Tennessee 37145 Parcel Number: 026-028.00 Current Owner(s) of Property: Katherine Ann (Leach) Ksobiech The street address of the above described property is believed to be 91 Nixon Hollow Ln, Pleasant Shade, Tennessee 37145, but 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. This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose. The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: Any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None. Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of 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. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Ingle, LLP, a Tennessee limited liability partnership Substitute Trustee www.shapiro-ingle.com File No. 13-053781 10-27-3t
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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 September 29, 2015, and the Deed of Trust of even date securing the same, recorded October 2, 2015, in Book No. 296, at Page 315, in Office of the Register of Deeds for Smith County, Tennessee, executed by Odes D. Newton and Kimberly Newton, conveying certain property therein described to Charles E. Tonkin, II as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Group, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Pingora Loan Servicing, LLC. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent 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, by Pingora Loan Servicing, LLC, will, on December 1, 2016 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: Being a certain tract or parcel of land lying and being in the 16th Civil District of Smith County, Tennessee, and being more particularly described as follows: Tract 1: Beginning at a ” Rebar (new) set this survey, said Rebar being located in the western right-of-way of Horseshoe Bend Lane (50’ right-of-way), being the Southeast corner of Michael Lynn & Janet Shumake (DB.153/P.431), and being the northeast corner of the herein described tract; thence, leaving the southern line of said Shumake and with the western right-of-way of said Horseshoe Bend Lane, South 04 degrees 35 minutes 07 seconds West, 148.84’ to a ” Rebar (New) set this survey, said Rebar being northeast corner of Colby M. Dedmon (DB.272/P.203 – Tract 2), and being the southeast corner of the herein described tract; thence, leaving the western right-of-way of said Horseshoe Bend Lane and with the northern line of said Dedmon, North 79 degrees 07 minutes 55 seconds West 157.02’ to a ” Rebar (New) set this survey, said Rebar being located in the eastern line of Marie R. Wiser (DB.27/P.22), and being the southwest corner of the herein described tract; thence, leaving the northern line of said Dedmon, with the eastern line of said Wiser and generally with a fence, North 06 degrees 22 minutes 15 seconds East 148.92’ to a half inch rebar (Old), said Rebar being located in the southern line of said Shumake, and being the northwest corner of the herein described tract; thence, leaving the eastern line of said Wiser and with the southern line of said Shumake, South 78 degrees 56 minutes 27 seconds East, 152.41’ to the point of beginning, containing 22,925 Square Feet or 0.53 Acres by survey. Actual field survey performed under the direct personal supervision of Taylor L. Dillehay, R.L.S # 2597, Whittenburg Land Surveying, LLC, 214 East Stevens Street, Cookeville, Tennessee, on September 25, 2015. Tract 2: Commencing at a ” Rebar (New) set this survey, said Rebar being located in the western right-of-way of Horseshoe Bend Lane (50’ right-of-way), being the southeast corner of Michael Lynn & Janet Shumake (DB.153/P.431), and being the northeast corner of Colby M. Dedmon (DB.272/P.203 – Tract 1); thence, leaving the southern line of said Shumake and with the western right-of-way of said Horseshoe Bend Lane, South 04 degrees 35 minutes 07 seconds West 148.84’ to a ” Rebar (New) set this survey, said Rebar being the northeast corner of said Dedmon (Tract 2), and being the True Point of Beginning; thence, leaving the southern line of said Dedmon (Tract 1) and continuing with the western right-of-way of said Horseshoe Bend Lane, South 06 degrees 12 minutes 45 seconds West 198.50’ to a 1/2” Rebar (New) set this survey, said Rebar being the northeast corner of Linda Stout (DB.191/P.708), and being the southeast corner of the herein described tract; thence, leaving the western right-of-way of said Horseshoe Bend Lane and with the northern line of said Stout, North 79 degrees 08 minutes 23 seconds West 158.55’ to a ” Rebar (New) set this survey, said Rebar being located in the eastern line of said Wiser, and being the southwest corner of the herein described tract; thence leaving the northern line of said Stout, with the eastern line of said Wiser, and generally with a fence for the following two (2) calls: 1) North 07 degrees 04 minutes 13 seconds East 79.84 feet to a wooden fence post, and 2) North 06 degrees 22 minutes 15 seconds East 118.56’ to a ” Rebar (New) set this survey, said rebar being the southwest corner of said Dedmon (Tract 1), and being the northwest corner of the herein described tract; thence leaving the eastern line of said Wiser and with the southern line of said Dedmon (Tract 1), South 79 degrees 07 minutes 55 seconds East 157.02’ to the point of beginning, containing 31,160 Square Feet or 0.72 Acres by Survey. Actual field survey performed under the direct personal supervision of Taylor L. Dillehay, R.L.S No. 2597, Whittenburg Land Surveying, LLC, 214 East Stevens Street, Cookeville, Tennessee, on September 25, 2015. ALSO KNOWN AS: 75 Horseshoe Bend Lane, Elmwood, TN 38560 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: ODES D. NEWTON KIMBERLY NEWTON 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. 317125 DATED October 3, 2016 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM 10-13-3t
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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 July 31, 2014, and the Deed of Trust of even date securing the same, recorded July 31, 2014, in Book No. 279, at Page 622, in Office of the Register of Deeds for Smith County, Tennessee, executed by Carlos A Restrepo, Jr. and Elizabeth S Restrepo, conveying certain property therein described to Randall Clemons as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Wilson Bank & Trust, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by U.S. Bank National Association. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent 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, by U.S. Bank National Association, will, on December 13, 2016 on or about 2:00 PM, 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: BEING located in the 2nd Civil District, Smith County, Tennessee, on the north side of Nixon Hollow Road, and being the property of record in Record Book 226, Page 15 and Record Book 279, Page 421, Register’s Office, Smith County, Tennessee, more particularly described as follows: BEGINNING at an iron rod in the north margin of Nixon Hollow Road, same being the southernmost southeast corner of this tract and the southwest corner of Phillip Tomlinson (RB 223, PG 787, ROSCT); thence with said margin North 75 degrees 16 minutes 28 seconds West 145.00 feet to an iron rod in said margin; thence leaving road with line of Dianne Mae Bamford et al (DB 136, PG 529 and RB 279, PG 417, ROSCT) and Sean Bamford (RB 279, PG 419, ROSCT) North 00 degrees 41 minutes 34 seconds East 87.76 feet to an iron rod at a metal post; thence North 12 degrees 30 minutes 21 seconds East 139.18 feet to an iron rod at a metal post; thence North 83 degrees 18 minutes 12 seconds East 44.95 feet to an iron rod at a metal post; thence North 77 degrees 30 minutes 15 seconds East 55.05 feet to an iron rod at a metal post; thence North 67 degrees 13 minutes 16 seconds East 44.37 feet to an iron rod at a metal post; thence North 77 degrees 30 minutes 53 seconds East 52.30 feet to an iron rod; thence South 80 degrees 20 minutes 22 seconds East 365.84 feet to an iron rod; thence North 09 degrees 39 minutes 38 seconds East 176.75 feet to an iron rod; thence with line of Sean Bamford (DB 154, PG 461, ROSCT) South 86 degrees 48 minutes 34 seconds East 257.37 feet to an iron rod at a 12-inch ash tree; thence with line of B&T Family Property (RB 31, PG 582, ROSCT) South 05 degrees 17 minutes 35 seconds West 99.64 feet to a 12-inch cedar tree; thence South 03 degrees 29 minutes 12 seconds West 144.07 feet to an iron rod at a post; thence with line of Jerry A. Nixon (RB 24, PG 342, ROSCT) South 05 degrees 07 minutes 14 seconds West 75.30 feet to an iron rod; thence South 89 degrees 11 minutes 28 seconds West 118.86 feet to an iron rod at a 5-inch walnut tree; thence South 09 degrees 02 minutes 54 seconds West 78.88 feet to an iron rod at a metal post; thence with line of Phillip Tomlinson North 81 degrees 14 minutes 02 seconds West 308.74 feet to an iron rod at a metal post; thence North 38 degrees 21 minutes 13 seconds West 24.58 feet to an iron rod at a metal post; thence North 04 degrees 48 minutes 01 second East 21.14 feet to an iron rod; thence North 73 degrees 09 minutes 27 seconds West 36.42 feet to an iron rod at a metal post; thence South 35 degrees 03 minutes 58 seconds West 9.41 feet to an iron rod at a metal post; thence North 73 degrees 37 minutes 17 seconds West 58.48 feet to an iron rod at a metal post; thence North 85 degrees 40 minutes 37 seconds West 121.90 feet to an iron rod at a metal post; thence South 55 degrees 08 minutes 47 seconds West 8.58 feet to an iron rod at a metal post; thence South 06 degrees 29 minutes 17 seconds West 63.28 feet to an iron rod at a metal post; thence South 21 degrees 41 minutes 36 seconds West 59.41 feet to the point of BEGINNING, containing 5.01 acres, more or less, by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Fork Road, Hartsville. Tennessee 37074, dated July 9, 2014. ALSO KNOWN AS: 90 Nixon Hollow Road, Pleasant Shade, TN 37145 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: CARLOS A RESTREPO, JR. ELIZABETH S RESTREPO 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. 317060 DATED October 6, 2016 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM 10-13-3t
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NOTICE TO CREDITORS ESTATE OF Cora Rigsby Notice is hereby given that on the 10th day of October, 2016, Letters Testamentary, in respect to the estate of Cora Rigsby, Deceased, who died on the 1st day of October, 2016, 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 10th day of October, 2016. Signed Wanda Brown, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 10-20-2t
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IN THE JUVENILE COURT OF SMITH COUNTY, TENNESSEE ROBERT S. WILSON and wife JENNIFER M. WILSON PETITIONERS, VS. ELEXUS MAY WILSON, and THE UNKNOWN FATHER OF ZOEY DAWN WILSON, RESPONDENTS. CASE NO.2016-JV-266 ORDER OF PUBLICATION In this action, it appearing to the satisfaction of the Circuit Court Clerk, from the Order filed by the Petitioner, the residence of the Respondent, Unknown Father cannot be ascertained upon diligent inquiry, so that the ordinary process of law cannot be served : it is, therefore, ORDERED that the publication be made in the Carthage Courier, a newspaper published in the Town of Carthage, Tennessee, for four (4) consecutive weeks, commanding said non-resident to serve upon Gloria Jean Evins, petitioners attorney, whose address is 207 South College St., Lebanon, TN 37087, a copy of an answer to the petition on or before DECEMBER 10 and also file an answer to the petition with the Circuit Court Clerks office in Smith County TN, according to the law. If you fail to do so, a judgment by default will be heard on December 13th 2016 at 10 am or as soon thereafter as possible. This 17th day of October. Tommy Turner Smith County Court Clerk Gloria Jean Evins Attourney for Petitioner 10-20-4t
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