Legal & Public Notices For The Week Of 05/25/17
Legal & Public Notices For The Week Of 05/25/17
INVITATION TO BID TOWN OF GORDONSVILLE CONSTRUCTION OF FIRE STATION This project consists of the construction of a new Fire Station to serve the Town of Gordonsville, Smith County, Tennessee. The proposed construction includes the following: 1. Construction of Fire Station: Includes all materials, roofing, demolition, building, concrete, erection, insulation, electrical, heating, lighting, HVAC, painting, and all other work incidental to completing the building construction as shown on the plans and included in the specifications. 2. Paving and Concrete Work: Includes all asphalt paving, concrete paving, and concrete side walk, and related work incidental to complete the work as shown on the site plans and included in the specifications. 3. Utility Work: Includes water lines, gas lines, sewer lines, storm drains, and all other work incidental to completing the utility work as shown on the plans and included in the specifications. 4. Site Work: As an Add Alternate, the bid will include all grading, stone and related site preparation work incidental to completing the site work as shown on the plans and included in the specifications. The construction and installation includes all materials, labor, equipment and all other items necessary to complete the work. Each Bidder shall note that any request for interpretation regarding the plans, specifications or other bidding documents shall be received at least five (5) days prior (Friday, June 2, 2017) to the date fixed for the opening of bids. Sealed bids will be received by the Town of Gordonsville, 63 East Main Street, Gordonsville, Tennessee 38563 until 2:00 p.m. local time, Thursday, June 8, 2017, and then will be publicly opened and read aloud. All bids must be made out on the Bid Form found in the Contract Documents. The instructions to Bidders, Form of Agreement, Specifications and other bidding instruments may be examined at the following locations: Town of Gordonsville Warren and Associates Engineering, PLLC 63 East Main Street 109 Pennsylvania Avenue Gordonsville, Tennessee 38563 Lebanon, Tennessee 37087 Questions concerning the plans or bidding documents should be directed to the attention of Jerry B. Warren, P.E. of Warren and Associates, Telephone: 615-444-2996, Fax: 615-444-2961. Copies of the bidding instruments may be obtained at the Engineer’s Office in Lebanon, Tennessee for the non-refundable fee of $200 per set. With bid, each Bidder must deposit security in the amount of five percent (5%) of the amount of the bid, subject to the conditions stated in the Instructions to Bidders. Performance and Labor and Material Bond each in the amount of one hundred percent (100%) of the contract sum will be required of the successful Contractor. Bids may not be withdrawn for a period of 60 days after bid opening. All Bidders must be licensed Contractors as required by Chapter 6 of Title 62 of the Tennessee Codes Annotated). In accordance with Tennessee Codes Annotated 62-6-119, no bid will be opened unless the outside of the sealed envelope containing the bid provides the following information: the Contractor’s license number, the date of the license’s expiration, and a quotation of that part of his classification applying to the bid. In the case of joint ventures, this information must be provided by each party submitting the bid. The successful Bidder must agree to fully complete the project within 180 consecutive calendar days from and including the day of issuance of the Notice to Proceed from the Town of Gordonsville. Bidder must agree to pay, as liquidated damages, the sum of $1,000.00 per each calendar day thereafter as hereinafter provided. The Town of Gordonsville reserves the right to reject any or all bids and to waive any informalities in bids, to evaluate bids and to accept any bid which, in the Owner’s opinion, may be in the best interest of the Owner. No contract is given or implied to the successful Bidder until the project is fully funded and a written contract is offered by the Town of Gordonsville and signed by all parties. 05-25-17(1T)
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The Smith County Election Commission will meet Thursday, June 1, 2017, at 6:30 pm at the Election Commission Office located at 122 Turner High Circle, Suite 105, Carthage, TN for the purpose of inspecting new registrations, reviewing appeals and such other business as may come before the body. 05-25-17(1T)
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NOTICE TO BID The Smith County Board of Education is accepting bids for SMART SBM680 77” Interactive Boards. A public bid opening will be conducted Friday, June 2, 2017, at 9:00 a.m. at the Central Office of the Smith County Board of Education, 126 S.C.M.S Lane, Carthage, TN 37030. No faxed bids will be accepted. The Smith County Board of Education reserves the right to reject any or all bids. 05-25-17(2T)
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LEGAL NOTICE The Smith County Board of Education – School Nutrition Program invites qualified bidders to bid on products and services for the 2017-2018 school year. Please contact the School Nutrition Office for more information at 615-735-2321 or come by the office at 126 SCMS Lane, Carthage, TN. 05-25-17(2T)
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NOTICE TO BID The Smith County Board of Education is accepting bids for Janitorial Supplies. Bid forms with specifications may be obtained at the Board of Education Building, 126 S.C.M.S. Lane, Carthage, TN 37030 during normal business hours. A public bid opening will be conducted on Thursday, June 8, 2017, at 10:00 a.m. at the Central Office of the Smith County Board of Education, 126 S.C.M.S. Lane, Carthage, TN 37030. All bids must be on bid forms provided. No faxed bids will be accepted. The Smith County Board of Education reserves the right to reject any or all bids. 05-25-17(3T)
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INVITATION FOR BIDS FOR PROFESSIONAL LANDSCAPING SERVICES PRJ-17-B-001 The Gallatin Housing Authority (GHA) will receive sealed bids for “Professional Landscaping Services at various properties located in Carthage, TN. Bid packets will be available on the Gallatin Housing Authority’s website www.gallatinha.org beginning May 24, 2017, or at the administrative building located at 114 Jordan Ave, Carthage, Tenn. Bids must be submitted in a sealed envelope, and clearly written on the outside of the sealed enveloped must be the firm/company’s name and address; contractor’s license, and the words, “Professional Landscaping Services” #PRJ-17-B-0001; DEADLINE: June 12, 2017 at 3:00 p.m.”. Bids will be opened and read in public. All forms required to be notarized must have a notary seal, dated and signed. 05-25-17(3T)
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1990 Chevrolet Cavalier Z24, VIN# 1G1JF14T3L7134129 This is a request to any and all parties holding an interest in the above mentioned vehicle; to contact Michael K Helwig, 68 Riddleton Circle, Riddleton, TN 37151 via certified mail within ten business days of the date of this publication. 05-25-17(2T)
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DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY Proposed Flood Hazard Determinations for the Unincorporated Areas of Smith County, Tennessee, and Case No. 16-04-7918P. The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) solicits technical information or comments on proposed flood hazard determinations for the Flood Insurance Rate Map (FIRM), and where applicable, the Flood Insurance Study (FIS) report for your community. These flood hazard determinations may include the addition or modification of Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries or zone designations, or the regulatory floodway. The FIRM and, if applicable, the FIS report have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with Title 44, Part 65 of the Code of Federal Regulations. These determinations are the basis for the floodplain management measures that your community is required to adopt or show evidence of having in effect to qualify or remain qualified for participation in the National Flood Insurance Program. For more information on the proposed flood hazard determinations and information on the statutory 90-day period provided for appeals, please visit FEMA’s website at www.fema.gov/plan/prevent/fhm/bfe, or call the FEMA Map Information eXchange (FMIX) toll free at 1-877-FEMA MAP (1-877-336-2627). 05-18-17(2T)
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NOTICE CUSTOMERS OF 25 UTILITY DISTRICT Water Quality Report will not be mailed. Will be published in The Courier June 8, 2017. 05-25-17(2T)
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NOTICE TO CREDITORS ESTATE OF Doris J. Trawick Notice is hereby given that on the 10th day of May, 2017, Letters of Administration, in respect to the estate of Doris J. Trawick, Deceased, who died on the 29th day of April, 2017, 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 May, 2017. Signed Randal Edward Douglas, Co-Personal Representative Rebecca Lee Green Co-Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 5-18-2t
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Call Anthony Mayhugh at 615-602-6669 with any information concerning vin #2B4HB21T6FK299936 for a 1985 Dodge 2B4 van. 5-18-2tpd
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CHANCERY COURT LAND SALE DEWEY ALLISON PLAINTIFF, VS. BARNEY ALLISON, CAROLYN BUTLER, RITA HUNT, LEONARD ALLISON, BRENDA ALLISON, GYPSY BATES, JESSICA BATES, COREY MARKS, DUSTIN MARKS, KIMBERLY BATES, ERIC BATES, EUGENE HODGE, JANICE KOLBE, TERRY HODGE, PAULA MOONEYHAN, KAY BATES, ONA LEE TOMLINSON, SAMMIE HARRIS, RUBY PRUITTE, CHARLES TAYLOR, LINDA VAUGHN, ROBERT TAYLOR, DONNA BEADLE, JERRY TAYLOR, MILES EDWARD TAYLOR, JR., RICKY TAYLOR, DEON TAYLOR, JOHNNY ROY TAYLOR, and THEO TAYLOR, a minor, by and through TRENA ROBERTS, his mother/guardian, DEFENDANTS. NO. 8204, 8205 In obedience to a decree of the Chancery Court at Carthage made on April 7, 2017, in the above styled case, I will on Saturday, the 10th day of June, 2017, 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 Thirteenth (13th) Civil District of Smith County, Tennessee, and described as follows: Map: 063 PARCEL: 020.00 TRACT #1: BOUNDED on the North by Winfree and Hall and Oldham; East by M. C. Hix and Jr. Winfree; South by Dallas Underwood and Craddock; and West by Oldham and Teddy Allison and Smith, containing 60 acres, more or less. Map: 063 PARCEL: 020.00 TRACT #2: Being a certain tract of land situated in the Thirteenth (13th) Civil District of Smith County, Tennessee, and on the waters of Plunketts Creek, being bounded and described as follows: BOUNDED on the North by Harry Jenkins (formerly Bedford Litchford) and Luther Richardson; East by Harry Jenkins (formerly Bedford Litchford) and Leslie Dawson, and H.R. Enoch; South by Allison and Hicks, and West by Hicks and Bowman, containing 50 acres more or less. TERMS OF SALE Sale will be made for cash. This 7th day of April, 2017. Jacky O. Bellar, Attorney for Plaintiff Thomas S. Dillehay, Clerk and Master 5-18-3t
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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 November 10, 2014, and the Deed of Trust of even date securing the same, recorded November 13, 2014, in Book No. 283, at Page 559, in Office of the Register of Deeds for Smith County, Tennessee, executed by Phillip C Hewett, conveying certain property therein described to Arnold M. Weiss as Trustee for Wells Fargo Bank, N.A.; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Wells Fargo Bank, NA. 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 Wells Fargo Bank, NA, will, on July 25, 2017 on or about 1:00 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: A certain tract or parcel of land lying and being in the Eighteenth (18th) Civil District of Smith County, Tennessee and being bounded and described as follows, to-wit: MAP: 080 PARCEL: 033.43 BEING LOT NO. 25 on the plan of Round Lick Hills Subdivision, of record in Plat Cabinet B, Slide 150, Register’s Office for Smith County, Tennessee, to which reference is hereby made for a more complete and accurate description. INCLUDED in this conveyance is a 2001 Champion manufactured home, VIN 21-02-532-07181 A&B, which has become and is intended to affix such that the manufactured housing unit is an improvement to and made a pad of the real property. ALSO KNOWN AS: 24 Round Lick Hills Lane, Watertown, TN 37184 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: PHILLIP C HEWETT 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. 322126 DATED May 15, 2017 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM 5-25-3t
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NOTICE TO CREDITORS ESTATE OF Mary Oleda Gwaltney Bass Hill Notice is hereby given that on the 15th day of May, 2017, Letters Testamentary, in respect to the estate of Mary Oleda Gwaltney Bass Hill, Deceased, who died on the 26th day of April, 2017, 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 15th day of May, 2017. Signed Paul Daniel Bass, Personal Representative Thomas S. Dillehay, Clerk & Master James L. Bass, Attorney 5-18-2t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on June 8, 2017 at 11:30AM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Linda Hyland, to Recontrust Company, N.A., Trustee, as trustee for Mortgage Electronic Registrations Systems, Inc. as nominee for Bank of America, N.A. on October 30, 2012 at Book 255, Page 247, Instrument No. 12002704; conducted by Shapiro & Ingle, LLP, 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: Carrington Mortgage Services, LLC, 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: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SMITH, STATE OF TENNESSEE AND IS DESCRIBED AS FOLLOWS: ALL THAT PARCEL OF LAND IN BRUSH CREEK, SMITH COUNTY, STATE OF TENNESSEE, ID# 080097J A 01902, BEING KNOWN AND DESIGNATED AS FOLLOWS: A CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE 19TH CIVIL DISTRICT OF SMITH COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING ON AN IRON PIN IN THE NORTHEAST CORNER OF SAID LOT, SAME BEING THE NORTHWEST CORNER OF ALBERT FOX LOT RUNNING THENCE WEST WITH THE SOUTH MARGIN OF SWITCHBOARD ROAD, ALSO KNOWN AS THE BRUSH CREEK-HOLMES GAP ROAD, 90 FEET, MORE OR LESS, TO AN IRON PIN ON THE NORTHEAST CORNER OF THE RAYMOND DARNELL LOT, 165 FEET, MORE OR LESS, TO AN IRON PIN; THENCE NORTHEAST WITH THE LINE OF RAMOND DARNELL, 90 FEET, MORE OR LESS, TO AN IRON PIN IN THE SOUTHWEST CORNER OF THE ALBERT FOX LOT; THENCE NORTH WITH THE ALBERT FOX WEST LINE 152 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 7 SWITCHBOARD RD. BRUSH CREEK, TN 38547 ID # 080097J A 01902 BY FEE SIMPLE DEED FROM DONNA M. HEARN F/K/A DONNA M. WINFREY AS SET FORTH IN BOOK 213 PAGE 337 DATED 09/25/2009 AND RECORDED 09/28/2009, SMITH COUNTY RECORDS, STATE OF TENNESSEE. Street Address: 7 Switchboard Rd, Brush Creek, Tennessee 38547 Parcel Number: 097J A 019.02 Current Owner(s) of Property: Linda Hyland The street address of the above described property is believed to be 7 Switchboard Rd, Brush Creek, Tennessee 38547, 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. Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of Linda Hyland, and those claiming through him/her/it/them. 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 Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 Phone: (704) 333-8107 Fax: (704) 333-8156 www.shapiro-ingle.com File No. 15-104304 5-11-3t
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IN THE CHANCERY COURT FOR SMITH COUNTY AT CARTHAGE, TENNESSEE ALTA MARIE CRAWFORD LEE, PLAINTIFF, VS TROY HAYES MOFIELD, DEFENDANT Case No. _______ ________________________ ORDER FOR SERVICE BY PUBLICATION IN LIEU OF PERSONAL SERVICE ________________________ Plaintiff, Alta Marie Crawford Lee, has requested an Order allowing service of process upon Defendant, Troy Hayes Mofield, allowing service of Defendant by publication in lieu of personal service. Plaintiff has demonstrated that the address of Defendant is unknown and cannot be ascertained upon diligent inquiry. IT IS THEREFORE ORDERED, that the Clerk of the Court shall: 1. Forthwith cause a copy of this Order to be published for four (4) consecutive weeks in the Carthage Courier, which newspaper is the newspaper of general circulation in Smith County, Tennessee. 2. The copy of this Order that is to be published shall include the names of the parties to this action, the name of this Court and the location at which this Court is held. 3. The copy of this Order that is published shall further notify Defendant that he must answer or otherwise respond to the petition, and if he does not answer within thirty (30) days of the last date of publication, a default judgement will issue before the Chancellor C.K. Smith. ENTERED this the ____ day of ________, 2017. C.K. SMITH, CHANCELLOR APPROVED FOR ENTRY: GLORIA JEAN EVINS, B.P.R. #14836 Attorney for Plaintiff 207 South College Street Lebanon, Tennessee 37087 (615)444-1199 5-11-4t
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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 August 21, 2012, and the Deed of Trust of even date securing the same, recorded September 20, 2012, in Book No. 253, at Page 68, in Office of the Register of Deeds for Smith County, Tennessee, executed by Jason A. Shipley and Susan G. Sutliff-Shipley, conveying certain property therein described to DeVan Ard as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Reliant Bank, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Lakeview 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 Lakeview Loan Servicing, LLC, will, on August 3, 2017 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: Located in the Eighth (8th) Civil District of Wilson County and the 12th Civil District of Smith County, Tennessee, being Tract 12 of the Boundary and Tract Survey of Garvey McKee Property, containing 25.72 acres, as shown on plat of record in Plat Book 20, Page 6, Register’s Office of Wilson County, Tennessee, and as shown on plat of record in Plat Book 3, Page 184, now Slide A148, Register’s Office of Smith County, Tennessee. Less and Except that portion of the property located in Wilson County, TN. ALSO KNOWN AS: 1714 Grant Road, Watertown, TN 37184 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: JASON A. SHIPLEY SUSAN G. SUTLIFF-SHIPLEY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR NEW SOUTH FEDERAL SAVINGS BANK FIRST TENNESSEE BANK NATIONAL ASSOCIATION 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. 321948 DATED May 1, 2017 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM 5-11-3t
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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 October 5, 2009, and the Deed of Trust of even date securing the same, recorded October 7, 2009, in Book No. 213, at Page 659, in Office of the Register of Deeds for Smith County, Tennessee, executed by Cynthia R Thomas and James Ray Thomas, conveying certain property therein described to Richard A. Northcutt as Trustee for Fifth Third Mortgage Company; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Fifth Third Mortgage Company. 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 Fifth Third Mortgage Company, will, on June 15, 2017 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: The following described real estate located in Smith County, Tennessee: Parcel No. 1: Being located in the 5th Civil District, Smith County, Tennessee, on the west side of Buffalo Road and being a portion of the property found in Deed Book 142, Page 554, Register’s Office, Smith County, Tennessee, and more particularly described as follows: Beginning at an iron rod in the west margin of Buffalo Road, same being the northeast corner of this tract and the southeast corner of Tract #2 of the Dixon property (5.01 acres as per survey of same date), also being 212.80 feet south of the southeast corner of Dale Dixon as you measure along said margin; thence with said margin South 5 degrees 43’ 09” West 210.11 feet to an iron rod in said margin; thence leaving road with line of Tract #4 of the Dixon property (5.04 acres as per survey of same dated) North 83 degrees 41’ 09” West 1156.45 feet to an iron rod; thence with line of Tract #5,of the Dixon property (13.20 acres as per survey of same date) North 6 deg. 18’ 51” East 202.77 feet to an iron rod; thence with the line of said Tract #2 South 84 degrees 02’ 59” East 1154.29 feet to the point of beginning containing 5.48 acres more or less by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Ford Road, Hartsville, Tennessee, 37074, dated February 6, 1977, and designated as Tract No. 3. Parcel No. 2: Being located in the 5th Civil District, Smith County, Tennessee, on the west side of Buffalo Road, and being a portion of the property found in Deed Book 142, Page 554, Register’s Office, Smith County, Tennessee, and more particularly described as follows: Beginning at an iron rod in the west margin of Buffalo Road, same being the northeast corner of this tract and the southeast corner of Tract #3 of the Dixon property (5.48 acres as per survey of same date), also being 422.91 feet south of the southeast corner of Dale Dixon as you measure along said margin; thence with said margin along a curve proceeding clockwise, having a deflection angle of 2 degrees 26’ 21”, a radius of 4463.60 feet, a tangent length of 95.03 feet, and a chord of South 6 degrees 56’ 20” West 190.03 feet to an iron rod in said margin; thence leaving road with line of Tract #5 of the Dixon property (13.20 acres as per survey of same date) North 83 degrees 41’ 09” West 1154.38 feet to an iron rod; thence Nor!h 6 degrees 18’ 51” East 190.00 feet to an iron rod; thence with the line of said Tract #3 South 83 degrees 41’ 09” East 1156.45 feet to the point of beginning containing 5.04 acres more or less by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Ford Road, Hartsville, Tennessee, 37074, dated February 6, 1977, and designated as Tract #4. Parcel No. 3 Being located in the 5th Civil District, Smith County, Tennessee, on the west side of Buffalo Road and being a portion of the property found in Deed book 142, Page 554, Register’s Office, Smith County, Tennessee, and more particularly described as follows: Beginning at an iron rod in the west margin of Buffalo Road, same being the eastern most northeast corner of this tract and the southeast corner of Tract #4 of the Dixon property (5.04 acres as per survey of the same date), also being 612.94 feet south of the southeast corner of Dale Dixon as you measure along said margin; thence with said margin along a curve proceeding clockwise, having a deflection angle of 2 degrees 10’ 03” a radius of 4463.60 feet, a tangent length of 84.44 feet, and a chord bearing South 9 degrees 14’ 32” West 168.86 feet; thence along said curve an arc length of 168.27 feet; thence South 10 deg. 19’ 34” West 21.42 feet to an iron rod in said margin; thence leaving road with line of Tract #6 (7.57 acres) and Tract #7 (10.85 acres) of the Dixon property North 83 deg. 41’ 09” West 1733.09 feet to an iron rod; thence with line of Bill Clay North 22 deg. 41’ 03” West 56.20 feet to an iron rod at an oak tree; thence North 28 deg. 40’ 56” West 75.50 feet to an iron rod at a 6 inch ash tree; thence North 30 deg. 57’ 24” West 150.53 feet to a 6 inch ash tree; thence North 34 deg. 15’ 53” West 106.77 feet to an iron rod at a large oak tree; thence with line of John Robert Herd, II North 74 deg. 49’ 25” East 185.09 feet to an iron rod at a 10 inch blackberry tree; thence North 71 deg. 12’ 33” East 194.35 feet to a 10 inch cedar tree; thence North 68 deg. 09’ 18” East, 251.57 feet to an iron rod at a post; thence with line of Tract #2 of the Dixon property (5.01 acres as per survey of same date) South 84 deg. 02’ 59” East 250.09 feet to an iron rod; thence with line of Tract #3 (5.48 acres) and said Tract #4 of the Dixon property South 6 deg, 18’ 51” West 392.77 feet to an iron rod; thence continuing with line of said Tract #4 South 83 deg. 41’ 09” East 1154.38 feet to the point of beginning containing 13.20 acres more or less by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Ford Road, Hartsville, Tennessee, 37074, dated February 6, 1977, and designated as Tract #5. Parcel No. 4: Being located in the 5th Civil District, Smith County, Tennessee, on the west side of Buffalo Road and being a portion of the property found in Deed Book 142, page 554, Register’s Office, Smith County, Tennessee, and more particularly described as follows: Beginning at an iron rod in the west margin of Buffalo Road, same being the northeast corner of this tract and the southeast corner of Tract #5 of the Dixon property (13.20 acres as per survey of same date), also being 803.23 feet south of the 10 deg. 19’ 34” West 115.58 feet to a point, same being point of curvature of a curve proceeding counter-clockwise, having a deflection angle of 9 deg. 44’ 56”, a radius of 1735.30 feet, a tangent length of 147.99 feet, and a chord of south 5 deg. 27’ 06” West 294.91 feet; thence along said curve an arc length of 295.26 feet to an iron rod in said margin; thence leaving road with line of Tract #7 of the Dixon property (10.85 acres as per survey of same date) North 83 deg.41’ 09” West 199.69 feet to an iron rod; thence North 24 deg. 34’ 28” West 177.10 feet to an iron rod; thence North 83 deg. 41’ 09” West 850.00 feet to an iron rod; thence North 6 deg. 18’ 51” East 258.19 feet to an Iron rod; thence with line of said Tract #5 South 83 deg. 41’ 09” East 1144.26 feet to the point of beginning containing 7.57 acres more or less by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Ford Road, Hartsville, Tennessee, 37074, dated February 6, 1977, and designated as Tract #6. Less & Except: Beginning on a steel rod on the west margin of the Buffalo Road a corner to Lanny Dixon., also a corner to tract six and seven, thence leaving the road and along the line of Dixon and tract six and seven North 83 deg. 41’ 09” West 199.69 feet to a steel rod; thence North 24 deg. 34’ 28” West 177.10 feet to a steel rod; thence North 83 deg. 41’ 09” West 416.41 feet to a 1/2” pipe thence leaving the line of Dixon and serving the land of Don Johnson and tract six North 6 deg. 18’ 51” East 258.19 feet to a 1/2” pipe in the line of tract five. Thence with the line of tract five and six and Don Johnson South 83 deg. 41’ 09” East 710.67 feet to a steel rod on the west margin of the Buffalo Road; thence with the west margin of the Buffalo Road, thence with the west margin of the road South 10 deg. 19’ 34” West 115.58 feet, thence with a leftward curve said curve having a delta angle of 09 deg. 44’ 56”, a radius of 1735.60 feet, and an arc length of 295.2617 feet to the point of beginning containing 5.0016 acres. As surveyed by Wiggins Land Surveying plat dated September 16, 1999. Also, less and Except: Beginning on an iron pin the northeast corner of the tract of land herein described, also a point in the boundary of a tract of land belonging to Eddie and Janet Anderson (Deed Book 151, Page 759), also a point in the boundary of a tract of land belonging to Richard F. & Alberta J. Nowhitney (Record Book 187, Page 358) and being further a point in the outer perimeter of the parent tract; thence leaving Anderson’s boundary and with Nowhitney’s South 5 deg. 43’09” West 206.12 feet to an iron pin, being the southeast corner of the tract of land herein described; thence leaving Nowhitney’s boundary and severing the parent North 83 deg. 41’ 09” West 212.04 feet to a new iron pin and North 5 deg. 43’ 09” East 204.77 feet to a new iron pin in the south boundary of the aforementioned tract of land now belonging to Eddie and Janet Anderson, being also a point in the outer perimeter of the parent tract; thence with Anderson’s boundary south 84 deg. 02’ 59” East 212.03 feet to the point of beginning, containing 1.00 acre as surveyed by Carlen J. Wiggins, Jr., R.L.S. 2323, plat dated December 24, 2008, and being a portion of lands contained in Deed Book 154, Page 21, in the Register’s Office of Smith County, Tennessee. Also, Less and Except: Beginning on an iron pin at the west margin of Buffalo Road, the northeast corner of the tract of land herein described, also the southeast corner of a tract of land belonging to Eddie and Janet Anderson (Deed Book 151, Page 759) and being further the northeast corner of the parent tract; Thence leaving Johnson’s boundary and with the west margin of the road, South 5 deg. 43’ 09” West 210.11 feet to an iron pin, the southeast corner of the tract herein described, Thence leaving the road and severing the parent tract, North 83 deg. 41’ 09” West 627.96 feet to a new iron pin, thence southwest corner of the tract of land herein described; Thence further severing the parent tract North 5 deg. 43’ 09” East 209.12 feet to a new iron pin in the south boundary of the aforementioned tract of land belonging to Anderson, being the northwest corner of the tract of land herein described, and a point in the outer perimeter of the parent tract; thence with Anderson’s south boundary line, South 84 deg. 02’59” East 627.93 feet to the point of beginning containing 3.00 acres as surveyed by Carlen J. Wiggins, R.L.S. 70, plat dated November 15, 2004, Register’s Office for Smith County, Tennessee. And being a portion of Tract No. 3 of Survey by Carroll Carman dated February 6, 1997, and same being a portion of Parcel No. 1 of the property conveyed to Donald W. Johnson and wife, Linda L. Johnson, by deed from Phyllis Dixon, dated April 8, 1999, of record in Deed Book 154, page 121, Register’s Office for Smith County, Tennessee. Less & Except: Beginning at a steel rod on the west margin of the Buffalo Road, the southeast corner of the tract of land herein described, a point in the boundary of a tract of land belonging to Richard Berg, and the southeast corner of the parent tract; thence leaving the road and with Berg’s north boundary, north 83 deg. 41’ 09” West 710.67 feet to a 1/2” pipe being a point in the boundary of a tract of land belonging to Dan Johnson, thence leaving Berg, and severing the parent tract, then following calls: North 6 deg. 18’ 51” East, 115.99 feet to a new 1/2” pipe. South 83 deg. 41’ 09” East 230.79 feet to a new 1/2” pipe; South 6 deg. 18’ 51” West 45.87 feet to a new 1/2” pipe, South 83 deg. 41’ 09” East 175.00 feet to a new 1/2” pipe, and North 6 deg. 18’ 51” East 120.00 feet to a new 1/2” pipe, being a point in the boundary of Tract 4 and a point in the outer perimeter of the parent tract; thence with the south boundary of Tract 4, 83 deg. 41’ 09” East 315.00 feet to a new 1/2” pipe at the west margin of Buffalo Road, the northeast corner of the tract of land herein described; thence leaving the boundary of Tract 4 and with a rightward curve of the road, having a delta angle of 2 deg. 10’ 03”, a radius of 4463.6 feet and a length of 168.86 feet; thence continuing with the west margin of the road, South 10 deg. 19’ 32” West 21.42 feet to the point of beginning, containing 2.250 acres as surveyed by Carlen J. Wiggins, R.L.S. 70 plat dated May 17, 2004, and being a portion of Tract 5 of a subdivision of the former lands of Phyllis Dixon. ALSO KNOWN AS: 40 Hidden Ridge Lane, Carthage, TN 37030 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: CYNTHIA R THOMAS JAMES RAY THOMAS 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. 321946 DATED May 12, 2017 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM 5-25-3t
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