Legal & Public Notices For The Week Of 04/26/18
Legal & Public Notices For The Week Of 04/26/18
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 31, 2003, and the Deed of Trust of even date securing the same, recorded November 12, 2003, in Book No. 96, at Page 119, in Office of the Register of Deeds for Smith County, Tennessee, executed by John Watson and Martha Watson, conveying certain property therein described to Swafford and Hays Settlement as Trustee for Homeowners Loan Corporation; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. 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, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, will, on May 10, 2018 on or about 9:00 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: Situated in the City of Pleasant Shade, Smith County, State of Tennessee, and being more particularly described as follows: Beginning at an iron pin in the SE corner of this tract same being a corner to the remainder of the Watson and Kelley property also being North 47 deg 10 min 5 sec W 220.96 ft from a post at or near the NE corner of a cemetery thence N 11 deg 15 min 00 sec W 431.82 ft to an iron pin thence S 82 deg 34 min 55 sec E 200.36 ft to an iron pin at a 36” Elm tree thence S 19 deg 40 min 5 sec E 379.25 ft to an iron pin thence S 80 deg 29 min 45 sec W 245.45 ft to the point of beginning containing 1.993 acres more or less by survey of Carol Carman Registered Land Surveyor TN # 910 Address Rt 1, Box 35 A, Hartsville TN, 37074 dated 1-15-91 access to the above tract is provided by right of engress and ingress over the joining Watson and Kelley property leading from Sloan Branch Road over existing drive to the S boundary of the above described tract center of said drive is more particularly described as follows: Beginning at a point in the South boundary of the above described tract being N 80 deg 29 min 45 sec E 124.45 ft from the SW corner of the above described tract thence with the center of drive S 7 deg 30 min 55 sec E 78.18 ft thence S 20 deg 55 min 30 sec E 90.66 ft thence S 26 deg 37 min 00 sec E 26.28 ft thence S 38 deg 7 min 50 sec E 72.64 ft thence S 39 deg 59 min 5 sec W 156.93 ft to a point in the intersection of center of drive in center of Sloan Branch Road. ALSO KNOWN AS: 27 Sloan Branch 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: JOHN WATSON MARTHA WATSON MARILYN WATSON CLAIBORNE 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 323887 DATED April 6, 2018 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 4-19-3t
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NOTICE TO CREDITORS ESTATE OF Johnny Lee Thomas Notice is hereby given that on the 16th day of April, 2018, Letters of Administration, in respect to the estate of Johnny Lee Thomas, Deceased, who died on the 28th day of September, 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 16th day of April, 2018. Signed Donald Ray Thomas, Personal Representative Thomas S. Dillehay, Clerk & Master Robin Moore, Attorney 4-26-2t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on May 16, 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 Orra Lee Stewart and Mattie Pauline Stewart, to Jonathon R. Vinson, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for F&M Bank on January 9, 2009 at Book 201, Page 59, Instrument No. 09000184; 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: All that certain parcel of land situated in the Seventh (7th) Civil District of the County of Smith and State of Tennessee, being bounded and described as follows: BEGINNING at a 1/2 inch rebar (old) in the west margin of Temperance Hall Highway, being the northeast corner of Grady Ellis, Jr. also being a corner of Woodard; thence leaving the west margin of Temperance Hall Highway and with the north line of Grady Ellis, Jr., and the north line of Grady Ellis and a fence North 81 degrees 23 minutes 23 seconds West 543.92 feet to a 1/2 inch rebar (new); thence leaving the north line of Grady Ellis and severing the land of Woodard with a fence North 17 degrees 27 minutes 11 seconds East 291.53 feet to a 1/2 inch rebar (new) at a double hackberry; thence South 86 degrees 31 minutes 12 seconds East 166.99 feet to a steel post (old); thence South 84 degrees 57 minutes 10 seconds East 165.62 feet to a steel post (old); thence continuing to sever the land of Woodard with a fence South 83 degrees 37 minutes 38 seconds East 219.88 feet to a 112 inch rebar (new) in the west margin of Temperance Hall Highway; thence with the west margin of Temperance Hall Highway South 17 degrees 49 minutes 32 seconds West 326.08 feet to the point of BEGINNING. Containing 3.855 acres, more or less, as surveyed by Bartlett Surveying, 214 East Stevens Street, Cookeville, Tennessee 38501, Allen Maples, Jr., and RLS #2171, on December 30,2004. Being the same property as conveyed from Shellie Wallace, Successor Trustee to Federal Home Loan Mortgage Corporation, as described in Deed Book 198 Page 433, Dated 08/18/2008, Recorded 11/13/2008 in SMITH County Records. Street Address: 242 Temperance Hall Hwy, Alexandria, Tennessee 37012 Parcel Number: 099 020.03 Current Owner(s) of Property: All persons claiming by, through, or under Orra Lee Stewart, single and Mattie Pauline Stewart, single, both Deceased The street address of the above described property is believed to be 242 Temperance Hall Hwy, Alexandria, Tennessee 37012, 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 Orra Lee Stewart and Mattie Pauline Stewart, 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. 18-115102 4-12-3t
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IN THE CHANCERY COURT, FOR SMITH COUNTY AT CARTHAGE CANDICE ALEXIS SIANO-GAGEN PLAINTIFF VS. FILE NO. 8290 PATRICK MICHAEL GAGEN DEFENDANT ORDER FOR PUBLICATION Plaintiff, CANDICE ALEXIS SIANO-GAGEN, has requested an Order allowing service of process upon, Defendant, PATRICK MICHAEL GAGEN, allowing service of Defendant by publication in lieu of personal service. The address of the 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 in 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 of 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 date of publication, a default judgment will issue before the Chancellor C.K. Smith ENTER this the 20th day of April, 2018. CHANCELLOR C.K. SMITH CANDICE ALEXIS SIANO-GAGEN 4-26-4t
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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 May 16, 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 4-19-3t
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NOTICE TO CREDITORS ESTATE OF Juanita Lankford Notice is hereby given that on the 20th day of April, 2018, Letters of Testamentary, in respect to the estate of Juanita Lankford, Deceased, who died on the 17th day of April, 2018, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 20th day of April 2018. Signed Timothy Wayne Lankford, Personal Representative Stanley Dwayne Lankford, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 4-26-2t
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NOTICE TO CREDITORS ESTATE OF James K. Barrett, Sr. Notice is hereby given that on the 17th day of April, 2018, Letters Testamentary, in respect to the estate of James K. Barrett, Sr., Deceased, who died on the 6th day of April, 2018, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 17th day of April, 2018. Signed James Ken Barrett, Jr., Personal Representative Thomas S. Dillehay, Clerk & Master David Bass, Attorney 4-26-2t
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I, James Webb, have in my possession a 2000 Honda Accord VIN# 1HGCG5641YA107274. If anyone has any information on this vehicle please contact me at 615-306-3117. 04-19-18(2T)
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NOTICE Customers of 25 Utility District Water Quality Report will not be mailed. It will be published in the Courier May 11, 2018. 04-26-18(2T)
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NOTICE TO BID The Smith County Board of Education is accepting bids for 50 Dell Optiplex 7450 AIO computers. Bid forms with specifications may be obtained via emailing Danny Claire, IT Coordinator Smith County Board of Education at [email protected]. Bids will be accepted thru 4:00 p.m., Wednesday, May 9, 2018 via emailing Danny Claire, IT Coordinator Smith County Board of Education at [email protected]. No faxed bids will be accepted. The Smith County Board of Education reserves the right to reject any or all bids. 04-26-18(2T)
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LEGAL NOTICE The Smith County Board of Education – School Nutrition Program invited qualified bidders to bid on equipment and installation. Please contact the School Nutrition Office for further information at 615-735-2321 or come by the office at 126 Smith County Middle School Lane, Carthage, TN. “This institution is an equal opportunity provider” 04-19-18(2T)
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NOTICE TO BID The Smith County Board of Education is accepting bids for Dell Poweredge R530. Bid forms with specifications may be obtained via emailing Danny Claire, IT Coordinator Smith County Board of Education at [email protected]. Bids will be accepted thru 4:00 p.m. Wednesday, May 9, 2018 via emailing Danny Claire, IT Coordinator Smith County Board of Education at [email protected]. No faxed bids will be accepted. The Smith County Board of Education reserves the right to reject any or all bids. 04-26-18(2T)
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Notice of Meeting of the County Commission of Smith County, Tennessee PUBLIC NOTICE IS HEREBY GIVEN that the County Commission of Smith County, Tennessee (the “County”) will meet in open and public session at the Smith County Jail & Courts Facility (322 Justice Drive, Carthage, TN) at 7 p.m., on Monday, May 14, 2018, for the purpose of considering all matters as may be properly presented to it, including the consideration of an initial resolution and a bond resolution authorizing the issuance of $1,100,000 General Obligation Bonds, the proceeds of which will be used to finance the purchase of industrial property. This notice is given pursuant to the provisions of Sections 844101 to 844106, inclusive, Tennessee Code Annotated. 04-26-18(1T)
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The Smith County Highway Dept has a 1971, WT25 Phelan 25 ton trailer, serial number 58T1 on their yard. If anyone has any information regarding this trailer, please contact Smith County Highway Dept. at 615-683-3326. 04-26-18(1T)
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BID ANNOUNCEMENT Smith County Library is now accepting bids on new flooring for the upstairs of the library. Please submit all bids to the Smith County Mayor’s office no later than 8:30AM, May 4th, 2018. All bids must be sealed. The bids will be opened at 8:30AM at the Smith County Mayor’s office. Any questions may be directed to Amanda Bain, Director of Smith County Library System 615-735-1326. It is the policy of the Smith County Government not to discriminate on the basis of race, color, national origin, age, sex, or disability. Smith County is an Equal Opportunity Provider and Employer. With all regards to all aspects of this contract, contractor certifies and warrants it will comply with this policy. Smith County reserves the right to reject any or all bids. 04-26-18(1T)
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PUBLIC NOTICE Smoke-Free Policy The South Carthage Housing Authority “SCHA” in accordance with the US. Department of Housing and Urban Development “HUD” Notice PIH-2017-03 will be “Instituting a Smoke-Free” policy per (FR-05597-F-03). The Smoke-Free Policy will help improve the indoor air quality, benefit the health of public housing residents, the PHA Staff, reduce the risk of fires, and lower overall maintenance cost. A public hearing regarding the Smoke-Free Policy will be conducted at 3:00 p.m. on April 30, 2018, at the main office of the South Carthage Housing Authority, at which time, the Smoke-Free Policy, and any comments will be heard. Interested parties may review the Smoke-Free Policy during normal business hours, 8:00 a.m. until 4:30 p.m., at the South Carthage Housing Authority’s administrative office located at 109 Hazel Drive, Carthage, TN 37030. If you should have any questions, please contact Ms. Antoinette Porter, Executive Administrative at 615-452-1661. 04-19-18(2T)
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CORDELL HULL UTILITY DISTRICT OF SMITH COUNTY, TENNESSEE
Statement of Net Position
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