Legal & Public Notices For The Week Of 10/04/18
Legal & Public Notices For The Week Of 10/04/18
PUBLIC NOTICE The Town of Carthage Planning Commission will meet Wednesday, October 10, 2018; 5:00 p.m. at City Hall. The agenda will include: Review of subdivision proposal from Mr. Joe Green. All interested citizens are invited to attend. Donnie R. Dennis, Mayor 10-04-18(1T)
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PUBLIC NOTICE The Town of Carthage Board of Zoning Appeals will meet Thursday, October 11, 2018; 5:00 pm at City Hall to discuss a setback variance request from Bank of Tennessee. All interested parties are invited to attend. Sincerely, Donnie R. Dennis, Mayor 10-04-18(1T)
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PUBLIC NOTICE The Town of Carthage Building Committee will meet October 11, 2018; 6:00 p.m. at City Hall. All interested parties are invited to attend. Donnie R. Dennis Mayor 10-04-18(1T)
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BID ANNOUNCEMENT Smith County EMS will be accepting sealed bids for a New Type I Ambulance. Bid Specs may be requested via email at [email protected], or you may call 615-735-0800 Ext. 116 to request them via email. All bids must be sealed and mailed. No bids will be accepted via email or fax. Bids are due by Monday, October 8th, 2018 @ 9am, at which time they will be opened. Bids must be mailed to the Smith County Mayor, 122 Turner High Circle, Carthage, TN. 37030. Envelope should be marked “Ambulance Bid”. Smith County EMS has the right to reject any and all bids. It is the policy of Smith County Government not to discriminate on basis of Race, Color, National Origin, Age, Sex or Disability. 09-27-18(2T)
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The Smith County Election Commission will meet Thursday, October 11, 2018, 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. 10-04-18(1T)
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The Smith County Board of Education will have the monthly Board Meeting on Tuesday, October 9, 2018 at 5:00 p.m. at the Smith County Board of Education, 126 S.C.M.S. Lane, Carthage, Tennessee. 10-04-18(1T)
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Smith County Board of Education will be accepting sealed bids on the following vehicles on Oct. 24, 2018. Sealed Bids must be delivered to the Smith County Board of Education, 126 SCMS Lane Carthage TN 37030 no later than 9:29 AM on Oct 24, 2018. Faxed bids will not be accepted. Bids will be opened at 9:30 AM. Vehicles are located at the Smith County Bus Garage if you would like to look at them before the Oct 24, 2018 bid opening. Bus Garage business hours are Mon-Fri 7:30am -4pm. 2001 72 passenger type D school bus (28) with 154,000 miles 2002 72 passenger type D school bus (29) with 174,000 miles 2002 72 passenger type D school bus (30) with 175,000 miles 1996 Ford Crown Victoria 4 door with 170,000 miles All vehicles will be sold as is The Smith County Board of Education reserves the right to reject any and/or all bids. 10-04-18(2T)
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IN THE CHANCERY COURT FOR SMITH COUNTY, TENNESSEE JULIA ADAMS and SHARON ADAMS, Individually and as Owners of Pet-Agrees Wellness Services, LLC, PLAINTIFFS VS. CIVIL ACTION NO. 8343 ANTHONY MACADANGDANG, DEFENDANT ORDER OF PUBLICATION In this action, it appearing to the satisfaction of the Clerk and Master, from the Plaintiff’s complaint and the Motion to Serve Defendant by Publication that the residence of the defendant Anthony Macadangdang is unknown and cannot be ascertained upon diligent inquiry, so that the ordinary process of law cannot be served; it is, therefore, ordered that publication be made in the Carthage Courier, a newspaper published in the Town of Carthage, Tennessee, for four (4) consecutive weeks, commanding said defendant to serve upon Jamie D. Winkler, Plaintiff’s Attorney, whose address is 212 Main Street North, P. O. Box 332, Carthage, TN 37030, copy of answer to the Complaint on or before November 5, 2018, also file an answer to the complaint with the Clerk and Master at his office at 322 Justice Drive, Suite 105, Carthage, TN 37030, according to law. If you fail to do so judgment by default will be taken against you for the relief demanded in the complaint. The motion for default will be heard on November 16, 2018, at the Trousdale County Justice Center, 303 East Main Street, Hartsville, Tennessee 37074, at 9:00 o’clock A.M., or as soon thereafter as possible. This the 10th day of September, 2018. THOMAS S. DILLEHAY, CLERK AND MASTER PUBLICATION DATES: September 13, 2018 September 20, 2018 September 27, 2018 October 4, 2018 9-13-4t
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TRUSTEE’S SALE WHEREAS, on the 9th day of November, 1998, by deed of trust of record in the Register’s Office of Smith County, Tennessee in Trust Deed Book 110, Page 62, WALTER R. ARMS, II and wife, SHERRY L. ARMS, 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 0. BELLAR, Substitute Trustee by instrument of record in Record Book 289, Page 498, 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, located at 211 Main Street North, Carthage, Tennessee, at 1:00 P.M. prevailing time on Friday, October 12, 2018, in bar of the equity of redemption. The real estate to be sold is located in the Fourteenth (14th) Civil District of Smith County, Tennessee and being more particularly described as follows: MAP: 046O GROUP: A PARCEL: 032.00 BEING Lot No. Thirty-Three (33) on the Plan of Cumberland Cove Subdivision, Phase II, as of record in Plat Book 3, Page 168, Register’s Office of Smith County, Tennessee, to which plan reference is hereby made for a more complete and accurate legal description. AND BEING the same property conveyed to Walter R. Arms, II, and wife, Sherry L. Arms, by Warranty Deed from Alton Bowman and wife, Gail Bowman, dated October 30, 1998, of record in Deed Book 151, Page 694, Register’s Office, Smith County, Tennessee. The physical address of this property is 109 Hickory Circle, Carthage, Tennessee 37030. This sale is made subject to any and all unpaid real estate taxes, restrictive covenants, easements, and set back lines, and any and all redemptions and rights of any government agency, state or federal, and any and all other prior liens or encumbrances against said property, if any. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. OTHER INTERESTED PARTIES: NONE This notice will be published in the CARTHAGE COURIER on September 20, 2018, September 27, 2018, and October 4, 2018. This the 6th day of September, 2018. JACKY O. BELLAR, SUBSTITUTE TRUSTEE BELLAR & WINKLER ATTORNEYS AT LAW 212 MAIN STREET NORTH P. O. BOX 332 CARTHAGE, TENNESSEE 37030 (615) 735-1684 9-20-3t
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NOTICE TO CREDITORS ESTATE OF Monroe Wilson Coon Notice is hereby given that on the 18th day of September, 2018, Letters of Administration, in respect to the estate of Monroe Wilson Coon, Deceased, who died on the 12th day of September, 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 18th day of September, 2018. Signed Rhio Holland, Personal Representative Thomas S. Dillehay, Clerk & Master Jeremiah A. Hassler, Attorney 9-27-2t
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NOTICE TO CREDITORS ESTATE OF Dewey Lee Allison Notice is hereby given that on the 19th day of September, 2018, Letters of Administration, in respect to the estate of Dewey Lee Allison, Deceased, who died on the 20th day of February, 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 19th day of September, 2018. Signed Larry Taylor Wilkerson, Co-Personal Representative Rebecca Cookston, Co-Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 9-27-2t
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NOTICE TO CREDITORS ESTATE OF Anthony J. Demeo Notice is hereby given that on the 27th day of September, 2018, Letters of Administration, in respect to the estate of Anthony J. Demeo, Deceased, who died on the 5th day of July, 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 27th day of September, 2018. Signed Christina Demeo, Personal Representative Thomas S. Dillehay, Clerk & Master Donald K. Byrd, Attorney 10-4-2t
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CHANCERY COURT (PROBATE DIVISION) LAND SALE IN RE: THE ESTATE OF: JAMES C. EASTES, DECEASED GLEN EASTES, PERSONAL REPRESENTATIVE No. P-2253 In obedience to a decree of the Chancery Court (Probate Division) at Carthage made on September 7, 2018, in the above styled cause, I will on Saturday, the 20th day of October, 2018, at 10:00 o’clock A.M., on the premises, sell to the highest and best bidder the property in said decree described, being land located in the Eighteenth (18th) Civil District of Smith County, Tennessee, 283 Grant Highway, Gordonsville, and described as follows: MAP: 80 Group: PARCEL: 054.03 LYING AND BEING in the Eighteenth (18th) Civil District of Smith County, Tennessee and being bounded and described as follows, to-wit: BEGINNING at a steel post in the Southeast corner of Highway 141; thence South 371 feet to a steel post; thence 118 feet west to a steel post; thence North 88 feet to a tree and steel post; thence 321 feet North to steel post at the Southwest corner of Highway 141; thence 50 feet East with Highway 141 to the BEGINNING, containing acre, more or less, and being generally bounded on the North by Highway 141 and West, East and South by Grantor (now Richard Smith, et ux). AND BEING the same property conveyed to James C. Eastes by Warranty Deed from Ford Eastes, dated August 27, 2002, of record in Record Book 63, Pages 607-608, Register’s Office, Smith County, Tennessee. Sale will be made for cash. This 20th day of September, 2018. Jacky O. Bellar Attorney for Estate of James C. Eastes Thomas S. Dillehay, Clerk and Master 9-27-3t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on October 17, 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 Myra Hardcastle, to Debbie Holliman, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean, & Whitaker Mortgage Corp. on May 15, 2002 at Book 57, Page 413; 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: JPMorgan Chase Bank, National Association, 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 in the East margin of Water Street and running East with the North boundary of Robert Dudney and Glenn Sanderson one hundred thirty-five (135) feet to the first rock wall; thence North with said rock wall ninety (90) feet to the South boundary of Jess Lankford; thence West with the South boundary of Jess Lankford and C. H. Mathews one hundred thirty-five (135) feet to the East margin of Water Street; thence South with the East margin of Water Street ninety (90) feet to the Beginning. Street Address: 512 Water Street, Carthage, Tennessee 37030 Parcel Number: 053D D 011.00 Current Owner(s) of Property: Myra Hardcastle and Ray Upchurch and wife Linda Upchurch The street address of the above described property is believed to be 512 Water Street, 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: Countrywide Home Loans, Inc.; Countrywide Home Loans, Inc.; Countrywide Home Loans; RBS Citizens, N.A.; RBS Citizens, N.A.; Mortgage Electronic Registration Systems, Inc.; JP Morgan Chase Bank, N. A.; Ray Upchurch c/o Jack O. Bellar, Bellar & Winkler; Linda Upchurch c/o Jack O. Bellar, Bellar & Winkler; JP Morgan Chase Bank, N. A.. 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 Myra Hardcastle, 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. 11-024674 9-20-3t
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NOTICE TO CREDITORS ESTATE OF Daniel L. Johnson Notice is hereby given that on the 26th day of September, 2018, Letters of Administration, in respect to the estate Daniel L. Johnson, Deceased, who died on the 5th day of September, 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 26th day of September, 2018. Signed Jamie D. Winkler, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 10-04-2t
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NOTICE TO CREDITORS ESTATE OF Stanford S. Maynard Notice is hereby given that on the 28th day of September, 2018, Letters Testamentary, in respect to the estate of Stanford S. Maynard, Deceased, who died on the 23rd day of August, 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 28th day of September, 2018. Signed Glyn Sue Collins, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 10-04-2t
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NOTICE TO CREDITORS ESTATE OF J.C. Owen Notice is hereby given that on the 26th day of September, 2018, Letters Testamentary, in respect to the estate of J.C. Owen, Deceased, who died on the 10th day of September, 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 26th day of September, 2018. Signed Jimmy Clyde Owen, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 10-04-2t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on December 3, 2018 at 10:00AM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Sam Parsons and Leah-Rouse Parsons, to Old Republic Title Company of Tennessee, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for People’s Bank on January 13, 2014 at Book 272, Page 664; 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: LakeView Loan Servicing, 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: TRACT NO. 1: A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN THE ELEVENTH (11TH) CIVIL DISTRICT OF SMITH COUNTY, TENNESSEE, AND BEING BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT AN IRON ROD IN THE SOUTH MARGIN OF PRESTON LANE, SAME BEING THE NORTHEAST CORNER OF THIS TRACT AND THE NORTHWEST CORNER OF TRACT #8 OF THE PRESTON FARM (12.20 ACRES AS PER SURVEY OF SAME DATE), ALSO BEING 1434.30 FEET WEST OF THE NORTHERNMOST NORTHWEST CORNER OF DAVID G. JEWETT AS YOU MEASURE ALONG THE MARGIN OF SULLIVAN BEND ROAD AND PRESTON LANE; THENCE LEAVING ROAD WITH LINE OF SAID TRACT #8 SOUTH 05 DEGREES 19 MINUTES 47 SECONDS WEST 1806.33 FEET TO AN IRON ROD AT A POST; THENCE WITH LINE OF DAVID G. JEWETT SOUTH 85 DEGREES 31 MINUTES 36 SECONDS WEST 13.50 FEET TO AN IRON ROD AT A HACKBERRY TREE SNAG; THENCE NORTH 56 DEGREES 38 MINUTES 39 SECONDS WEST 281.93 FEET TO A 6-INCH HACKBERRY TREE; THENCE NORTH 55 DEGREES 04 MINUTES 33 SECONDS WEST 323.31 FEET TO AN IRON ROD AT A POST; THENCE NORTH 45 DEGREES 36 MINUTES 15 SECONDS WEST 21.31 FEET TO AN IRON ROD AT A FORKED HACKBERRY TREE; THENCE NORTH 38 DEGREES 25 MINUTES 19 SECONDS WEST 150.81 FEET TO A 10-INCH HACKBERRY TREE; THENCE NORTH 32 DEGREES 57 MINUTES 20 SECONDS WEST 244.58 FEET TO AN IRON ROD; THENCE WITH LINE OF TRACT#11 OF THE PRESTON FARM (48.78 ACRES AS PER SURVEY OF SAME DATE) SOUTH 88 DEGREES 12 MINUTES 19 SECONDS EAST 392.15 FEET TO AN IRON ROD; THENCE WITH LINE OF TRACT #IO OF THE PRESTON FARM (5.09 ACRES AS PER SURVEY OF SAME DATE) SOUTH 88 DEGREES 12 MINUTES 19 SECONDS EAST 212.54 FEET TO AN IRON ROD; THENCE NORTH 07 DEGREES 34 MINUTES 53 SECONDS EAST 1167.56 FEET TO AN IRON ROD IN THE SOUTH MARGIN OF PRESTON LANE; THENCE WITH SAID MARGIN SOUTH 84 DEGREES 02 MINUTES 59 SECONDS EAST 166.28 FEET TO THE POINT OF BEGINNING CONTAINING 12.36 ACRES MORE OR LESS BY SURVEY BY CARROLL DEAN CARMAN, REGISTERED LAND SURVEYOR, TENNESSEE NUMBER 910, ADDRESS 150 MIDDLE FORK ROAD, HARTSVILLE, TENNESSEE, 37074, DATED APRIL 10,2000. BEING THE SAME PROPERTY CONVEYED TO JOSEPH D. VINING AND WIFE, CARLA D. VINING BY DEED FROM ALLEN DICKERSON AND JUNIOR DICKERSON, AS CO-EXECUTORS OF THE ESTATE OF LEONARD HARVILLE AS RECORDED 11/13/2007 IN BOOK 182 AT PAGE 233 AS DOCUMENT 07004496. TRACT NO.2: TRACT# 10: BEING LOCATED IN THE 11TH CIVIL DISTRICT, SMITH COUNTY, TENNESSEE ON THE SOUTH SIDE OF PRESTON LANE, AND BEING A PORTION OF THE PROPERTY FOUND IN DEED BOOK 40, PAGE 517, REGISTER’S OFFICE, SMITH COUNTY, TENNESSEE. SEE TAX MAP 43, PARCEL 3.00, TAX ASSESSOR’S OFFICE, SMITH COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN THE SOUTH MARGIN OF PRESTON LANE, SAME BEING THE NORTHEAST CORNER OF THIS TRACT AND THE NORTHWEST CORNER OF TRACT# 9 OF THE PRESTON FARM (12.36 ACRES AS PER SURVEY OF SAME DATE). ALSO BEING 1600.58 FEET WEST OF THE NORTHERNMOST NORTHWEST CORNER OF DAVID C. JEWETT AS YOU MEASURE ALONG THE MARGIN OF SULLIVAN BEND ROAD AND PRESTON LANE; THENCE LEAVING ROAD WITH LINE OF SAID TRACT# 9 SOUTH 07 DEGREES 34 MINUTES 53 SECONDS WEST 1167.56 FEET TO AN IRON ROD; THENCE NORTH 88 DEGREES 12 MINUTES 19 SECONDS WEST 212.54 FEET TO AN IRON ROD; THENCE WITH LINE OF TRACT#11 OF THE PRESTON FARM (48.78 ACRES AS PER SURVEY OF SAME DATE) NORTH 09 DEGREES 46 MINUTES 36 SECONDS EAST 1183.46 FEET TO AN IRON ROD IN THE SOUTH MARGIN OF PRESTON LANE; THENCE WITH SAID MARGIN ALONG A CURVE PROCEEDING CLOCKWISE, HAVING A DEFLECTION ANGLE OF 03 DEGREES 49 MINUTES 32 SECONDS, A RADIUS OF 748.20 FEET, A TANGENT LENGTH OF 24.99 FEET, AND A CHORD OF SOUTH 85 DEGREES 57 MINUTES 45 SECONDS EAST 49.95 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 49.96 FEET; THENCE SOUTH 84 DEGREES 02 MINUTES 59 SECONDS EAST 116.32 FEET TO THE POINT OF BEGINNING CONTAINING 5.09 ACRES MORE OR LESS BY SURVEY BY CARROLL DEAN CARMAN, REGISTERED LAND SURVEYOR, TENNESSEE, NUMBER 910, ADDRESS 150 MIDDLE FORK ROAD, HARTSVILLE, TENNESSEE, 37074, DATED APRIL 10,2000. THIS IS THE SAME PROPERTY WHICH WAS CONVEYED TO JOSEPH D. VINING BY DEUTSCHE BANK NATIONAL TRUST COMPANY BY DEED DATED OCTOBER 24,2007, OF RECORD IN RECORD BOOK 181, PAGE 253, REGISTER’S OFFICE OF SMITH COUNTY, TENNESSEE. ALSO CONVEYED BY THIS DOCUMENT IS A 1999 MOBILE HOME, YIN OW64208A AND VIN OW64208B WHICH IS LOCATED ON TRACT NO. 10 ABOVE. BEING THE SAME PROPERTY CONVEYED TO JOSEPH D. VINING BY DEED FROM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R 12, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE AS RECORDED 10/30/2007 IN BOOK 181 AT PAGE 253 AS DOCUMENT 07004301. Property Conveyed to Sam Parsons for WD record in 272-658 on Jan. 21, 2014 Street Address: 17 Preston Ln, Elmwood, Tennessee 38560 Parcel Number: 043 00302 000043 and 043 00303 000043 Current Owner(s) of Property: Sam Parsons and Leah Rouse Parsons The street address of the above described property is believed to be 17 Preston Ln, Elmwood, Tennessee 38560, 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: Discover Bank. 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 Sam Parsons and Leah-Rouse Parsons, 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. 18-116537 10-04-3t
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NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, SMITH COUNTY WHEREAS, Carlos A. Restrepo Jr., and Elizabeth S. Restrepo, Husband and Wife executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc., as nominee for Wilson Bank & Trust, Lender and Randall Clemons, Trustee(s), which was dated July 31, 2014 and recorded on July 31, 2014 in Book 279, Page 622, Smith County, Tennessee Register of Deeds, subsequently modified by a Loan Modification Agreement recorded October 16, 2017 in Book 327, Page 528 Smith County, Tennessee Registry 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, U.S. Bank National Association, (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 October 17, 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 Second (2nd) Civil District of Smith County, Tennessee and being bounded and described as follows, to-wit: BEING located in the 2nd Civil District, Smith County, Tennessee, on the north side of Nixon Hollow Road, and being the property of record in Record Book 226, Page 15 and Record Book 279, Page 421, Register’s Office, Smith County, Tennessee. See Tax Map 26, Parcel 29.02, Tax Assessor’s Office, Smith County, Tennessee, and more particularly described as follows: BEGINNING at an iron rod in the north margin of Nixon Hollow Road, same being the southernmost southeast corner of this tract and the southwest corner of Phillip Tomlinson (RB 223, PG 787, ROSCT); thence with said margin North 75 degrees 16 minutes 28 seconds West 145.00 feet to an iron rod in said margin; thence leaving road with line of Dianne Mae Bamford et al (DB 136, PG 529 and RB 279, PG 417, ROSCT) and Sean Bamford (RB 279, PG 419, ROSCT) North 00 degrees 41 minutes 34 seconds East 87.76 feet to an iron rod at a metal post; thence North 12 degrees 30 minutes 21 seconds East 139.18 feet to an iron rod at a metal post; thence North 83 degrees 18 minutes 12 seconds East 44.95 feet to an iron rod at a metal posts thence North 77 degrees 30 minutes 15 seconds East 55.05 feet to an iron rod at a metal post; thence North 67 degrees 13 minutes 16 seconds East 44.37 feet to an iron rod at a metal post; thence North 77 degrees 30 minutes 53 seconds East 52.30 feet to an iron rod; thence South 80 degrees 20 minutes 22 seconds East 365.84 feet to an iron rod; thence North 09 degrees 39 minutes 38 seconds East 176.75 feet to an iron rod; thence with line of Sean Bamford (DB 154, PG 461, ROSCT) South 86 degrees 48 minutes 34 seconds East 257.37 feet to an iron rod at a 12-inch ash tree; thence with line of B&T Family Property (RB 31, PG 582, ROSCT) South 05 degrees 17 minutes 35 seconds West 99.64 feet to a 12-inch cedar tree; thence South 03 degrees 29 minutes 12 seconds West 144.07 feet to an iron rod at a post; thence with line of Jerry A. Nixon (RB 24, PG 342, ROSCT) South 05 degrees 07 minutes 14 seconds West 75.30 feet to an iron rod; thence South 89 degrees 11 minutes 28 seconds West 118.86 feet to an iron rod at a 5-inch walnut tree; thence South 09 degrees 02 minutes 54 seconds West 78.88 feet to an iron rod at a metal post; thence with line of Phillip Tomlinson North 81 degrees 14 minutes 02 seconds West 308.74 feet to an iron rod at a metal post; thence North 38 degrees 21 minutes 13 seconds West 24.58 feet to an iron rod at a metal post; thence North 04 degrees 48 minutes 01 second East 21.14 feet to an iron rod; thence North 73 degrees 09 minutes 27 seconds West 36.42 feet to an iron rod at a metal post; thence South 35 degrees 03 minutes 58 seconds West 9.41 feet to an iron rod at a metal post; thence North 73 degrees 37 minutes 17 seconds West 58.48 feet to an iron rod at a metal post; thence North 85 degrees 40 minutes 37 seconds West 121.90 feet to an iron rod at a metal post; thence South 55 degrees 08 minutes 47 seconds West 8.58 feet to an iron rod at a metal post; thence South 06 degrees 29 minutes 17 seconds West 63.28 feet to an iron rod at a metal post; thence South 21 degrees 41 minutes 36 seconds West 59.41 feet to the point of BEGINNING, containing 5.01 acres, more or less, by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Fork Road, Hartsville, Tennessee 37074, dated July 9, 2014. AND BEING the same property conveyed to Carlos A. Restrepo, Jr. and wife, Elizabeth S. Restrepo, by Warranty Deed from Citizens Bank, Carthage, Tennessee, dated July 31, 2014, of record in Record Book 279, Page 619, Register’s Office, Smith County, Tennessee. Parcel ID Number: 026 026 029.02 000 Address/Description: 90 Nixon Hollow Lane, Pleasant Shade, TN 37145. Current Owner(s): Carlos A. Restrepo, Jr. and wife, Elizabeth S. Restrepo. 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.: 18-10937 FC01 9-20-3t
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NOTICE TO CREDITORS ESTATE OF Jessie Mitchell Washer, JR Notice is hereby given that on the 25th day of September, 2018, Letters of Administration, in respect to the estate of Jessie Mitchell Washer, JR., Deceased, who died on the 2nd day of January, 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 25th day of September, 2018. Signed Jacky Carver, Sr., Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 10-04-2t
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