Legal & Public Notices For The Week Of 12/14/17

Legal & Public Notices For The Week Of 12/14/17

 

NOTICE TO FURNISHERS OF LABOR AND MATERIALS TO: Lu, Inc. PROJECT NO.: 98302-4101-04 CONTRACT NO.: CNQ151 COUNTY: Smith The Tennessee Department of Transportation is about to make final settlement with the contractor for construction of the above numbered project. All persons wishing to file claims pursuant to Section 54-5- 122, T.C.A. must file same with the Director of Construction, Tennessee Department of Transportation, Suite 700 James K. Polk Bldg., Nashville, Tennessee 37243-0326, on or before 01/19/18. 12-07-17(2T)

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NOTICE TO FURNISHERS OF LABOR AND MATERIALS TO: R.D. Construction, LLC PROJECT NO.: 98301-4166-04 CONTRACT NO.: CNQ150 COUNTY: Smith The Tennessee Department of Transportation is about to make final settlement with the contractor for construction of the above numbered project. All persons wishing to file claims pursuant to Section 54-5- 122, T.C.A. must file same with the Director of Construction, Tennessee Department of Transportation, Suite 700 James K. Polk Bldg., Nashville, Tennessee 37243-0326, on or before 01/19/18. 12-07-17(2T)

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The Smith County Board of Education will a work session regarding Facility locations on Monday, December 18, 2017 at 5:00 p.m. at the Smith County Board of Education, 126 S.C.M.S. Lane, Carthage, TN 37030. 12-14-17(1T)

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The Smith County Board of Education will have the monthly Board Meeting on Tuesday, December 19, 2017 at 5:00 p.m. at the Smith County Board of Education, 126 S.C.M.S. Lane, Carthage, Tennessee. 12-14-17(1T)

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Statement of Nondiscrimination DeKalb Telephone Cooperative, Inc. d/b/a DTC Communications is an equal opportunity provider and employer. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs}. Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr. usda.gov;complainLfiling_cust.html, and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; {2) fax: {202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. 12-14-17(1T)

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Notice of Collection of Bad Debt DeKalb Telephone Cooperative, Inc. d/b/a DTC Communications provides notice of its policy on the collection of unpaid and past due debts of former members. When a former member has a debt with DTC Communications that has gone unpaid, DTC Communications may review the former member’s capital credits accumulated and, if available, the capital credits will be applied to the debt owed to DTC Communications from the former member and credited toward the existing debt. If the debt is not fully resolved with the application of the capital credits, DTC Communications will continue to have all legal remedies available to it in the collection of the bad debt. Any capital credits accumulated by the former member that remain after the application to the debt will remain in the former member’s name with DTC Communications. 12-14-17(1T)

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NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, SMITH COUNTY WHEREAS, Kelli Napper executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for American Mortgage Service Company, Lender and Bellar & Winkler, Trustee(s), which was dated August 26, 2015 and recorded on August 27, 2015 in Book 295, Page 131, Smith County, Tennessee Register of Deeds. WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, Caliber Home Loans, Inc., (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on January 9, 2018, at 1:00PM at the usual and customary location at the Smith County Courthouse, Carthage, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Smith County, Tennessee, to wit: LYING AND BEING in the Town of Carthage, First (1st) Civil District of Smith County, Tennessee, and being bounded and described as follows, to-wit: BEING Lot Number Ten (10) in Turner Subdivision bearing date of June 8, 1966, and for a more particular description reference is made to plat of said subdivision of record in Plat Book 2, Page 3, Register’s Office, Smith County, Tennessee. AND BEING the same property conveyed to Kelli Napper, an unmarried person, by Warranty Deed from Joshua D. Kirby, dated August 26, 2015, of record in Record Book 295, Page 129, Register’s Office, Smith County, Tennessee. Parcel ID Number: 54B B 009.00 Address/Description: 746 Jackson Avenue, Carthage, TN 37030. Current Owner(s): Kelli Napper. Other Interested Party(ies): N/A The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and All right and equity of redemption, statutory or otherwise, homestead, and dower 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. This office is attempting to collect a debt. Any information obtained will be used for that purpose. Brock & Scott, PLLC, Substitute Trustee c/o Tennessee Foreclosure Department 4360 Chamblee Dunwoody Road, Ste 310 Atlanta, GA 30341 PH: 404-789-2661 FX: 404-294-0919 File No.: 16-08114 FC04 12-14-3t

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I, Johnny Cooper, am in possession of a 1998 Dodge Dakota vin #1B7FL26X4WS745462. If anybody has any interest in this truck call 615-774-3335. 12-07-2tpd

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I, Michael Gay (J&M AUTO Repair), am in the possession of a 2002 Chrysler PT Cruiser with the VIN #3C8FY68B32T280979. If you have any information on this vehicle, please contact me at (615)418-4099 or (615)897-5811. 12-07-2t

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TRUSTEE’S SALE WHEREAS, on the 18th day of May, 2010, by deed of trust of record in the Register’s Office of Smith County, Tennessee in Record Book 222, Page 387, JOSEPH DAYTON and wife, SUSAN DAYTON, conveyed to WALTER. G. BIRDWELL, JR., 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 O. BELLAR, Substitute Trustee by instrument of record in Record Book 328, Page 524, 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 CITIZENS BANK, CARTHAGE, 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, 211 Main Street North, Carthage, Tennessee, at 1:00 P.M. prevailing time on Friday, December 22, 2017, in bar of the equity of redemption. The real estate to be sold is located in the Seventeenth (17th) Civil District of Smith County, Tennessee and being more particularly described as follows: MAP: 094 PARCEL: 001.02 BEGINNING at a ” rebar (old) in the west margin of Old Fuller Hill Road, being the southeast corner of Paschall (120-408), also being a corner of Maynard (144-292); thence with the west margin of Old Fuller Hill Road around a cuve to the left an arc distance of 327.43’ (Radius-1133.59’, Chord-326.29’, Chord Bearing-S03°21’19”W) to a steel post (old), being the northeast corner of Davis (17-132), also being a corner of Maynard (144-292); thence leaving the west margin of Old Fuller Hill Road and with the line of Davis (17-132) N86°02’21”W 674.42’ to a 1/2” rebar (new); thence leaving the north line of Davis (17-132) and severing the land of Maynard (144-292) N06°43’45”W 106.09’ to a ” rebar (new); thence continuing to sever the land of Maynard (144-292) N15°53’30”W 245.12’ to a ” rebar (new) in the south line of Paschall (120-408); thence with south line of Paschall (120-408) S85°21’49”E 723.06’ to the point of BEGINNING, containing 5.00 acres, more or less, as surveyed by Alfred M. Bartlett, R.L.S.#762, Bartlett Surveying, 214 East Stevens Street, Cookeville, TN 38501, on September 15, 2005. ALSO CONVEYED herein is 1998 Clayton VIN# CAP004081TNAB mobile home situated thereon and permanently affixed to the land described herein and made a part of the real property. See Affidavit of Affixation of record in Record Book 155, Page 351, Register’s Office, Smith County, Tennessee; and, ALSO CONVEYED herein is a 1999 Fleetwood VIN# TNFLW27A51817SR12 mobile home situated thereon and permanently affixed to the land described herein and made a part of the real property. See Affidavit of Affixation of record in Record Book 155, Page 347, Register’s Office, Smith County, Tennessee. AND BEING the same property conveyed to Joseph Dayton and wife, Susan Dayton, by Warranty Deed from Citizens Bank, Carthage, Tennessee, dated May 18, 2010, of record in Record Book 222, Page 384, Register’s Office, Smith County, Tennessee. The physical address of this property is 38 and 42 Old Fuller Hollow Road, Brush Creek, Tennessee 38547. 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 30, 2017, December 7, 2017 and December 14, 2017. This the 14th day of November, 2017.JACKY O. BELLAR, SUBSTITUTE TRUSTEE BELLAR & WINKLER ATTORNEYS AT LAW P. O. BOX 332 CARTHAGE, TENNESSEE 37030 (615) 735-1684 11-30-3t

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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on January 9, 2018 at 1:00PM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Sheila S. Farrell, to Kerry Webb, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Acopia, LLC on March 15, 2011 at Book 233, Page 559, Instrument No. 11000640; 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: Nationstar Mortgage LLC d/b/a Mr. Cooper, 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: Beginning at a iron pin on the easterly right-of-way of Short Street, said pin being the southwest corner of said tract, said pin being the northwest corner of Snider Property Parcel 7.00 Group “A” on Tax Map 480, thence with the easterly right-of-way of Short Street North 06 degrees 40 minutes 46 seconds East 137.31 feet to a point, said point being the northwest corner of said tract, said point being on the southerly right-of-way of Dr. James Fisher Circle, thence with said right-of-way South 87 degrees 24 minutes 09 seconds East 13 3 .28 feet to a point, said point being the northeast corner of said tract, said point being located at the end of an old rock wall, said point being the northwest corner of Bush Property Parcel 5.00 Group “A” on Tax Map 480, thence with Bush South 01 degrees 04 minutes 55 seconds East 131.29 feet in line with a Chestnut tree to a point, said point being the southeast corner of said tract, said point being the southwest corner of Bush Property, said point being on the northerly property line Owens Property Parcel 6.00 Group “A” on Tax Map 480, thence with Ownens North 88 degrees 07 minutes 31 seconds West 31.82 feet to an old iron pipe, said pipe being the northwest corner of Bush, said pipe being the northeast corner of the afore-mentioned Snider Property, thence with Snider South 89 degrees 56 minutes 37 seconds West 119.79 feet to the point of beginning, containing 0.44 acres more or less by survey by Steven B. Finley, TN RLS No. 1697 conducted February 21, 2011. Being the same property conveyed to Sheila S. Farrell, unmarried, by deed of record in Book 233, page 557, Register’s Office of Smith County, Tennessee. Street Address: 17 Dr. James Fisher Cir, Carthage, Tennessee 37030 Parcel Number: 048O A 008.00 Current Owner(s) of Property: Sheila S Farrell, unmarried The street address of the above described property is believed to be 17 Dr. James Fisher Cir, Carthage, Tennessee 37030, 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 Sheila S. Farrell, 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.auction.com File No. 17-113703 12-14-3t

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NOTICE TO CREDITORS ESTATE OF Robert Lee Gentry Notice is hereby given that on the 5th day of December, 2017, Letters Testamentary, in respect to the estate of Robert Lee Gentry, Deceased, who died on the 1st day of December, 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 5th day of December, 2017. Signed Carol Gibson, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 12-14-2t

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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on January 9, 2018 at 1:00PM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Steve E. Hudgins and Nancy G. Hudgins, to Accurate Title & Escrow, Inc., Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for First Magnus Financial Corporation on May 31, 2007 at Book 173, Page 27; 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: Nationstar Mortgage LLC d/b/a Mr. Cooper, 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: A certain house and Lot located and being in the Town of Brush Creek, 19th (5th as now constituted) Civil District of Smith County, Tennessee, and being bounded and described as follows, to-wit: North by a street; South by the property of L&N Railroad (formally Tennessee Central Railroad); East by a public road leading from the Sykes Road to the Gordon Gill property; West by the property of H.L. Winfree, containing 2 1/2 acres, more or less. Being the same property acquired by the Grantor, Fred A. Winfree, by deed of C. M. Winfree, et al, bearing date of September 3, 1942 which is of record in Deed Book 52, Pages 35-36, R.O.S.C.T. and by deed of C. M. Winfree, et al, bearing date of May 5, 1955, which is of record in Deed Book 61, Pages 333-334, R.O.S.C.T. Being the same property conveyed to Steve Hudgins and wife, Nancy G Hudgins by deed of even date, which deed is being recorded simultaneously herewith as Instrument Number 07002405 or Book 173, Page 25 in the Register’s Office for said County. Street Address: 6 Civil War Dr, Brush Creek, Tennessee 38547 Parcel Number: 97G A 39.00 Current Owner(s) of Property: Steve Hudgins and Nancy Hudgins, husband and wife, and Chad Hudgins, a single person The street address of the above described property is believed to be 6 Civil War Dr, 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 Steve E. Hudgins and Nancy G. Hudgins, 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.auction.com File No. 16-107912 11-30-3t

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NOTICE TO CREDITORS ESTATE OF Joe Allen Marks Notice is hereby given that on the 5th day of December, 2017, Letters Testamentary, in respect to the estate of Joe Allen Marks, Deceased, who died on the 1st day of December, 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 5th day of December, 2017. Signed Joe Allen Marks, Jr, Co-Personal Representative Signed Ann Marks Thompson, Co-Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 12-14-2t

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Smith County Election Commission

Polling Locations Notice

Click HERE To View

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Smith County Election Commission

Official Ballot Notice

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DTC

LIFELINE Notice

Click HERE To View

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