Legal & Public Notices For The Week Of 11/01/18
Legal & Public Notices For The Week Of 11/01/18
PUBLIC HEARING The Smith County Planning Commission will hold a Public Hearing on November 19, 2018 at the Smith County Ag Center – Small Room, 159 Ag Center Ln in South Carthage @ 6:00pm. The purpose of the hearing is to obtain public comment regarding a proposed special exception request being made by MasTec for a new cell tower at 77 Beechboard Ln, Carthage, TN. In addition, if the cell tower placement is approved there will also be a variance request in relation to the setback to parcel line for placement at the highest possible elevation. No homes are within 975 feet. The property is currently owned by Sam Beechboard, more specifically known as Map 052 Parcel 026.00. All interested parties are invited to attend. For further information call 735-3418. 11-01-18(1T)
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The Cordell Hull Utility District’s regularly scheduled meeting for Thursday, November 1st has been rescheduled for Thursday, November 8th at 6:00 p.m. 11-01-18(1T)
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Cordell Hull Utility District will experience a vacancy in January 2019 on the District’s Board of Commissioners due to the expiration of the term of a current member of the Board. The Board plans to certify a list of three nominees to the Smith County Mayor to fill this vacancy at its regular meeting on December 6, 2018. A customer may submit a name for consideration by the Board for the list of nominees. To be considered the name must be mailed to the District’s General Manager no later than one week before this Board meeting. Qualifications established by the Board for nominees are available upon request. Deadline to submit names will be November 29th. 11-01-18(1T)
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NOTICE TO FURNISHERS OF LABOR AND MATERIALS TO: Concrete Structures, Inc. PROJECT NO.: 80002-3248-94 CONTRACT NO.: CNL012 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 12/14/2018. 11-01-18(2T)
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NOTICE TO CREDITORS ESTATE OF Joanna Bell Carter Notice is hereby given that on the 23rd day of October, 2018, Letters Testamentary, in respect to the estate of Joanna Bell Carter, Deceased, who died on the 10th 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 23rd day of October, 2018. Signed Clifton Carter, Personal Representative Thomas S. Dillehay, Clerk & Master Branden Bellar, Attorney 11-01-2t
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In the CHANCERY COURT for Smith County, Tennessee at Carthage Delinquent tax land sale SMITH COUNTY, TENNESSEE PLAINTIFF VS. Consolidated Civil Action No. 8051 DELINQUENT TAXPAYERS, DEFENDANTS In obedience to a decree of the Chancery Court at Carthage, Tennessee, made in the above styled cause, I will on Thursday, November 15, 2018 at 11:00 o’clock A.M. and continuing from day to day if necessary, at 322 Justice Drive, Suite 105 in Carthage, Tennessee, sell to the highest and best bidder for cash, subject to the right to redemption as fixed by law, and to liens of subsequent tax years, the following parcels of real estate owned by the Defendants in the amount of judgment liens PLUS INTEREST, PENALTY, STATUTORY ATTORNEY’S FEES AND COSTS as provided by law, against their property in favor of Smith County, Tennessee for the taxes for years through 2018 as set forth opposite their names, to-wit: Lollia Kaye Andrews Taxes through 2018: $3,195.76 DI 2, Map 27, Parcel 46.10 Deed Book 154, Page 327 Cheryl Dust Taxes through 2018: $762.08 DI 11, Map 43, Parcel 8.30 Deed Book 21, Page 43 Joseph Loudy Taxes through 2018: $1,398.98 DI 20, Map 54, Parcel 13.10 Deed Book 133, Page 459 Bessie Patten Taxes through 2018: $1,456.42 DI 3, Map 32F, Group A, Parcel 5.01 Deed Book 234, Page 212 Bessie Patten Taxes through 2018: $1,811.52 DI 3, Map 32F, Group A, Parcel 5.02 Deed Book 234, Page 212 Edgar Payton et ux Glenda Taxes through 2018: $3,457.30 DI 19, Map 97, Parcel 79.07 Deed Book 232, Page 579 Thomas Pride Heirs % James F. Pride Taxes through 2018: $3,808.72 DI 17, Map 79, Parcel 12.00 Deed Book 26, Page 443 Brian E. Reece Taxes through 2018: $1,805.72 DI 1, Map 39, Parcel 43.00 Deed Book 20, Page 262 TERMS OF SALE Said sale shall be for cash in hand and shall be subject to the statutory right of redemption. The sale on the sale date shall be absolute and final. The Clerk and Master is not authorized to receive raises after the completion of the auction of each parcel. If redemption is proposed after the sale, the redeemer shall pay interest from and after the sale date of November 15, 2018. This October 19, 2018. THOMAS S. DILLEHAY, CLERK AND MASTER BRANDEN BELLAR, DELINQUENT TAX ATTORNEY 10-25-4t
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NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, SMITH COUNTY WHEREAS, Paul A. Fields and Rhonda D. Fields executed a Deed of Trust to United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, Lender and Randle Richardson, Trustee(s), which was dated June 15, 1992 and recorded on June 15, 1992 in Book TD62, Page 604, 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, Rural Housing Service, U.S. Department of Agriculture, (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 November 13, 2018, at 12:00PM 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: BEING Lot No. Twenty-Eight (28), located on Larkspur Avenue, Section One (1) of Hills Country Acres Subdivision. a plat to which is recorded in Plat book 2, Page 8. Register’s Office, Smith County, Tennessee. AND BEING THE same property conveyed to Paul A. Fields and wife, Rhonda D. Fields by deed from Timothy John Campbell, et ux. dated June 15, 1992 of record in Deed Book 124, Page 602-603, Register’s Office, Smith County, Tennessee. Parcel ID Number: 050F B 009.03 000 Address/Description: 20 Larkspur Avenue, Lebanon, TN 37090. Current Owner(s): Paul A. Fields and wife, Rhonda D. Fields. Other Interested Party(ies): SunTrust Bank. 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.: 18-08283 FC01 10-18-3t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on November 15, 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 David Gillette aka David C. Gillette and Margaret Gillette, to Emmett James House or Bill R. McLaughlin, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Regions Bank DBA AmSouth Bank on February 13, 2007 at Book 166, Page 736, Instrument No. 0700950; 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: U.S. Bank N.A., as trustee, on behalf of the holders of the J.P. Morgan Mortgage Trust 2007-S2 Mortgage Pass-Through Certificates, its successors and assigns. The following real estate located in Smith County, Tennessee, will be sold to the highest call bidder: Described property located at Smith County, Tennessee, to wit: THE FOLLOWING REAL PROPERTY SITUATED IN THE COUNTY OF SMITH, AND STATE OF TENNESSEE, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN SOUTH MARGIN OF RICHMOND ROAD, SAME BEING THE NORTHERN MOST NORTHEAST CORNER OF THIS TRACT AND THE NORTHWEST CORNER OF THE TRACT #21, OF THE FORMER GOODNER PROPERTY BY SURVEY DATED 8-23-93 (JOHN CARROLL), ALSO BEING SOUTH 31 DEGREES 07 MINUTES 26 SECONDS WEST 50.00 FEET FROM THE SOUTHWEST CORNER OF VENNIE SNYDER, AS MEASURED ALONG SAID MARGIN; THENCE LEAVING ROAD WITH LINE OF SAID TRACT #21, SOUTH 78 DEGREES 59 MINUTES 52 SECONDS EAST 1166.68 FEET TO AN IRON ROD; THENCE SOUTH 52 DEGREES 23 MINUTES 08 SECONDS EAST 500.00 FEET TO AN IRON ROD; THENCE NORTH 56 DEGREES 45 MINUTES 50 SECONDS EAST 409.43 FEET TO AN IRON ROD AT A 5-INCH CEDAR TREE; THENCE NORTH 83 DEGREES 08 MINUTES 41 SECONDS EAST 236.20 FEET TO AN IRON ROD AT A 6-INCH HACKBERRY TREE; THENCE NORTH 42 DEGREES 41 MINUTES 45 SECONDS EAST 149.14 FEET TO A 12-INCH SHAGBARK HICKORY TREE; THENCE NORTH 59 DEGREES 33 MINUTES 44 SECONDS EAST 90.68 FEET TO AN IRON ROD NEAR A 20-INCH ELM TREE; THENCE NORTH 81 DEGREES 05 MINUTES 32 SECONDS EAST 92.24 FEET TO A POINT IN CENTER OF DRAIN AT A 12-INCH ELM SNAG; THENCE SOUTH 84 DEGREES 05 MINUTES 03 SECONDS EAST 157.96 FEET TO AN IRON ROD AT A 16-INCH HACKBERRY TREE; THENCE NORTH 83 DEGREES 30 MINUTES 37 SECONDS EAST 812.84 FEET TO AN IRON ROD AT A 12-INCH ASH TREE, SAME BEING THE SOUTHEAST CORNER OF SAID TRACT #21; THENCE WITH LINE OF JOHN CARROLL, SOUTH 00 DEGREES 03 MINUTES 15 SECONDS EAST 400.43 FEET TO AN IRON ROD AT A 16-INCH SHAGBARK HICKORY TREE; THENCE SOUTH 00 DEGREES 26 MINUTES 43 SECONDS EAST 313.69 FEET TO AN IRON ROD AT A 21-INCH CEDAR TREE; THENCE SEVERING FORMER TRACT #20 OF THE GOODNER PROPERTY (50.00 ACRES AS PER SURVEY OF SAME DATE), SOUTH 84 DEGREES 52 MINUTES 37 SECONDS WEST 966.22 FEET TO AN IRON ROD; THENCE SOUTH 54 DEGREES 52 MINUTES 25 SECONDS WEST 929.44 FEET TO AN IRON ROD; THENCE NORTH 35 DEGREES 07 MINUTES 35 SECONDS WEST 1274.74 FEET TO AN IRON ROD IN THE SOUTH MARGIN OF RICHMOND ROAD; THENCE WITH SAID MARGIN ALONG A CURVE PROCEEDING COUNTER-CLOCKWISE, HAVING A DEFLECTION ANGLE OF 00 DEGREES 14 MINUTES 38 SECONDS, A RADIUS OF 964.50 FEET, A TANGENT LENGTH OF 2.05 FEET, AND A CHORD OF NORTH 31 DEGREES 14 MINUTES 45 SECONDS EAST 4.11 FEET; THENCE ALONG SAID CURVE OF AN ARC LENGTH OF 4.11 FEET; THENCE NORTH 31 DEGREES 07 MINUTES 26 SECONDS EAST 149.31 FEET TO THE POINT OF BEGINNING CONTAINING 38.40 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 DECEMBER 23, 1996. A 25-FEET WIDE PUBLIC UTILITY EASEMENT EXISTS OVER THIS TRACT ALONG THE NORTH BOUNDARY AS IT ADJOINS RICHMOND ROAD. A DRIVEWAY EASEMENT EXISTS OVER THE ADJOINING TRACT #21 OF THE GOODNER PROPERTY (24.51 ACRES FOR THE BENEFIT OF THE ABOVE DESCRIBED TRACT. SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN THE SOUTH MARGIN OF RICHMOND ROAD, SAME BEING THE SOUTHWEST CORNER OF SAID TRACT #21; THENCE WITH SAID MARGIN, NORTH 31 DEGREES 07 MINUTES 26 SECONDS EAST 50.00 FEET; THENCE NORTH 70 DEGREES 58 MINUTES 52 SECONDS EAST 29.91 FEET; THENCE WITH NORTHEAST SIDE OF DRIVE, SOUTH 52 DEGREES 23 MINUTES 08 SECONDS EAST 138.22 FEET TO AN IRON ROD; THENCE NORTH 78 DEGREES 59 MINUTES 52 SECONDS WEST 166.68 FEET TO THE POINT OF BEGINNING. Street Address: 343 Opossom Hollow Rd, Watertown, Tennessee 37184 Parcel Number: 095 003.09 Current Owner(s) of Property: David Gillette and Margaret Gillette The street address of the above described property is believed to be 343 Opossom Hollow Rd, Watertown, Tennessee 37184, 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: Synchrony Bank; AmSouth Bank; Synchrony Bank c/o Javitch Block LLC; Synchrony 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 David Gillette aka David C. Gillette and Margaret Gillette, 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. 17-110915 10-18-3t
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NOTICE TO CREDITORS ESTATE OF Milton Lee Harris Notice is hereby given that on the 26th day of October, 2018, Letters Testamentary, in respect to the estate of Milton Lee Harris, Deceased, who died on the 7th day of June, 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 October, 2018. Signed Marty D. Harris, Co-Personal Representative Walter Stewart, Co-Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 11-01-2t
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NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 14, 2015, and the Deed of Trust of even date securing the same, recorded July 24, 2015, in Book No. 293, at Page 494, in Office of the Register of Deeds for Smith County, Tennessee, executed by Carla M Holder and John D Holder, Sr, conveying certain property therein described to Kerry Webb as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Acopia, LLC, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Wells Fargo Bank, N.A.. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Wells Fargo Bank, N.A., will, on November 14, 2018 on or about 1:00 PM, at the Smith County Courthouse, Carthage, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Smith County, Tennessee, and being more particularly described as follows: PARCEL I: That certain tract or parcel of land lying and being in the Sixth (6th) Civil District of Smith County, Tennessee, and being bounded and described as follows, to-wit: BEGINNING at an iron rod in the west margin of Little Creek Road, same being the southeast corner of this tract and the northeast corner of Tract #11 of the Sloan property (13.89 acres as per survey of same date), also being 1190.05 feet north of the northeast corner of Margaret Parkhurst as you measure along said margin; thence leaving road with line of said Tract #11 South 72 degrees 38 minutes 21 seconds West 2065.75 feet to an iron rod; thence with line of Stanley E. Eckert North 05 degrees 32 minutes 55 seconds East 67.68 feet to an iron rod at a forked elm tree; thence North 14 degrees 45 minutes 50 seconds East 486.14 feet to an iron rod at a stump; thence North 30 degrees 16 minutes 35 seconds East 715.48 feet to an iron rod; thence with line of Tract #18 of the Sloan property (5.78 acres as per survey of same date) South 28 degrees 07 minutes 11 seconds East 75.00 feet to an iron rod; thence with line of Tract #17 of the Sloan property (5.53 acres as per survey of same date) South 28 degrees 07 minutes 11 seconds East 153.13 feet to an iron rod; thence with line of Tract #16 of the Sloan property (6.97 acres as per survey of same date) South 28 degrees 07 minutes 11 seconds East 153.00 feet to an iron rod; thence with line of Tract #15 of the Sloan property (5.05 acres as per survey of same date) South 28 degrees 07 minutes 11 seconds East 153.00 feet to an iron rod; thence with line of Tract #14 of the Sloan property (5.76 acres as per survey of same date) South 28 degrees 07 minutes 11 seconds East 213.24 feet to an iron rod; thence with line of Tract #13 of the Sloan property (5.33 acres as per survey of same date) South 28 degrees 07 minutes 11 seconds East 175.00 feet to an iron rod; thence North 72 degrees 38 minutes 21 seconds East 1086.83 feet to an iron rod in the west margin of Little Creek Road; thence with said margin along a curve proceeding clockwise, having a deflection angle of 00 degrees 07 minutes 47 seconds, a radius of 22,291.00 feet, a tangent length of 25.23 feet, and a chord of South 09 degrees 38 minutes 17 seconds East 50.46 feet; thence along said curve an arc length of 50.46 feet to the point of BEGINNING containing 13.52 acres more or less AND BEING TRACT NO. 12 of survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Fork Road, Hartsville, Tennessee, 37074, dated August 3, 2000. EXCLUDED TRACT: Included in the above-described property, but specifically excluded from this conveyance is that tract of land containing 435,600 square feet or 10.000 acres more or less, which was conveyed to James Endsley and wife, Dulcey Endsley, recorded in Book 118, Page 380, Register’s Office for Smith County, Tennessee, dated December 3, 2004, and recorded on December 6, 2004, as corrected by Deed of Correction, of record in Book 119, Page 195, Register’s Office for Smith County, Tennessee, dated December 16, 2004, and recorded on December 21, 2004, to which corrected deed reference is made for a complete description of the excluded tract. PARCEL 2: A certain tract or parcel of land lying and being in the Sixth (6th) Civil District of Smith County, Tennessee, and being bounded and described as follows, to-wit: BEGINNING at an iron pin in the south margin of Little Creek Road, same being the northern most northwest corner of this tract and the northern most northeast corner of Tract #2 of the Dickerson property (56.00 acres as per survey of same date), also being 384.14 feet southeast of the eastern most corner of Dalton Dickerson as you measure along the south margin of Little Creek Road; thence with said margin south 60 degrees 06 minutes 00 seconds East 58.83 feet to a point in center of drain; thence leaving road with lien of Myra Winkler and center of drain South 42 degrees 01 minute 05 seconds West 33.42 feel; thence South 56 degrees 00 minutes 15 seconds West 111.76 feet; thence South 66 degrees 58 minutes 20 seconds West 69.42 feet; thence South 55 degrees 52 minutes 30 seconds West 164.37 feet; thence South 52 degrees 01 minute 20 seconds West 279.50 feet to a point in center of drain; thence leaving drain South 25 degrees 52 minutes 20 seconds East 461.18 feet to an iron pin near fence corner post (passing an iron pin at a 16-inch walnut tree at 25.00 feet); thence with line of Daniel Sloan South 30 degrees 16 minutes 35 seconds West 1078.09 feet to an iron pin at a large hickory snag near spring; thence South 14 degrees 45 minutes 50 seconds West 486.14 feet to an iron pin at a 14-inch elm tree; thence South 5 degrees 32 minutes 55 seconds West 223.93 feet to an iron pin at a post; thence with line of Margaret Parkhurst South 66 degrees 51 minutes 40 seconds West 468.98 feet to an iron pin at a post; thence North 25 degrees 53 minutes 00 seconds West 644.81 feet to an iron pin at a rock pile; thence North 66 degrees 48 minutes 05 seconds West 406.47 feet to an iron pin at a 26-inch hickory tree; thence North 0 degrees 09 minutes 55 seconds West 9.95 feet to an iron pin at a 16- inch beech tree; thence with line of said Tract #2 North 1 degree 59 minutes 30 seconds West 277.71 feet to an iron pin at a 6-inch elm tree; thence North 19 degrees 10 minutes 00 seconds East 380.00 feet to an iron pin at a 14- inch hickory tree; thence North 1 degree 12 minutes 05 seconds West 335.04 feet to a 12-inch cherry tree; thence North 1 degree 11 minutes 55 seconds East 191.91 feet to an iron pin at an 8-inch cedar tree; thence North 78 degrees 00 minutes 45 seconds East 234.63 feet to an iron pin; thence South 86 degrees 14 minutes 40 seconds East 447.88 feet to an iron pin at a 24-inch walnut tree; thence North 80 degrees 56 minutes 10 seconds East 465.11 feet to an iron pin at a 16-inch cedar tree; thence North 70 degrees 20 minutes 05 seconds East 152.69 feet to an iron pin at an 8-inch cedar tree; thence North 47 degrees 46 minutes 30 seconds East 196.51 feet to an iron pin; thence along a curve proceeding clockwise, having a deflection angle of 92 degrees 07 minutes 24 seconds, a radius of 50.03 feet, a tangent length of 51.92 feet, and a chord of North 3 degrees 50 minutes 10 seconds East 72.06 feet; thence along said curve an arc length of 80.45 feet to an iron pin; thence North 51 degrees 31 minutes 00 seconds East 283.52 feet to an iron pin; thence North 56 degrees 43 minutes 45 seconds East 352.34 feet to the point of BEGINNING, containing 52.79 acres, more or less, as shown as Tract #1 of a survey by Carroll Carman, Registered Land Surveyor, Tennessee Number 910, dated March 15, 1990. THAT portion of Tract #2 of the Dickson property (56.00 acres as per survey of same date) lying north and west of the above described tract shall serve as additional ingress and egress to the above described tract as well as Tract #2 and Tract #3 of the Dickerson property, as referred to in the above survey. Said portion is a minimum of 5-feet wide and leading from Little Creek Road, and more particularly described as follows: BEGINNING at a point in the South margin of Little Creek Road, at the northeast margin of Tract #3, thence South 56 degrees 43 minutes 45 seconds West 329.32 feet to an iron pin; thence South 51 degrees 31 minutes 00 seconds West 645.89 feet to an iron pin; thence South 78 degrees 05 minutes 10 seconds West 452.52 feel to an iron pin; thence North 86 degrees 14 minutes 40 seconds West 449.18 feet to an iron pin; thence South 78 degrees 00 minutes 45 seconds West 240.00 feet to an iron pin; thence South 81 degrees 32 minutes 25 seconds West 137.87 feet to an iron pin; thence South 0 degrees 28 minutes 20 seconds East 50.49 feet to an iron pin at a post; thence North 81 degrees 32 minutes 25 seconds East 137.87 feet to an iron pin at an eight inch cedar; thence North 78 degrees 00 minutes 45 seconds East 234.63 feet to an iron pin; thence South 86 degrees 14 minutes 40 seconds East 447.88 feet to an iron pin at a 24-inch walnut tree; thence North 80 degrees 56 minutes 10 seconds East 465.11 feet to an iron pin at 16-inch cedar tree; thence North 70 degrees 20 minutes 05 seconds East 152.69 feet to an iron pin at an 8-inch cedar tree; thence North 47 degrees 46 minutes 30 seconds East 196.51 feet to an iron pin; thence along a curve proceeding clockwise, having a deflection angle of 92 degrees 07 minutes 24 seconds, a radius of 50.03 feet, a tangent length of 51.92 feet, and a chord of North 3 degrees 50 minutes 10 seconds East 72.06 feet; thence along said curve an arc length of 80.45 feet to an iron pin; thence North 51 degrees 31 minutes 00 seconds East 283.52 feet to an iron pin; thence North 56 degrees 43 minutes 45 seconds East 352.34 feet to South margin of Little Creek Road; thence along the south margin of Little Creek Road North 60 degrees 06 minutes 00 seconds West 56.03 feet to the point of BEGINNING, according to a survey by Carroll Carman, dated March 15, 1990. ALSO KNOWN AS: 16 Eckert Lane, 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: CARLA M HOLDER JOHN D HOLDER, SR 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. 333529 DATED October 19, 2018 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 10-25-3t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on November 26, 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 Judith Horton and Tony Horton, to Archer Land Title, Inc, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Ameritrust Mortgage Company on February 15, 2007 at Book 166, Page 265; 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: Wilmington Savings Fund Society, FSB, as trustee of Upland Mortgage Loan Trust A, 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: Parcel 053L-A-015.00 A certain tract or parcel of land in Smith County, in the State of Tennessee, described as follows: Being Lot No. 12 of the Green Hills Subdivision, as shown on a revised plat dated April 12, 1971, of record in Plat Book 2, page 27, Register’s Office of Smith County, Tennessee, reference to which is hereby made for a more complete description. Being the same property conveyed to Tony Horton and Judith Horton, his wife, as tenants by the entirety, by Quitclaim Deed from Judith Horton, f/k/a Judith Duncan, a married woman, joined by her husband Tony Horton, dated August 2, 2005 and recorded August 12, 2005, of record in Book 132, page 753, Register’s Office for Smith County, Tennessee. Subject to all applicable restrictions and easements of record in Smith County, Tennessee. Street Address: 120 Lester Ave, South Carthage, Tennessee 37030 Parcel Number: 053L A 015.00 Current Owner(s) of Property: Tony Horton and Judith Horton The street address of the above described property is believed to be 120 Lester Ave, South 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: Republic Finance. 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 Judith Horton and Tony Horton, 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. 16-109059 10-18-3t
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NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated 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 November 8, 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 Southwest corner of this tract, being a corner to the remainder of the Watson and Kelley property also being North 47 degrees 19 minutes 5 seconds West 220.96 feet from a post at or near the Northeast corner of a cemetery; thence North 11 degrees 15 minutes 00 seconds West 431.82 feet to an iron pin; thence South 82 degrees 34 minutes 55 seconds East 200.36 feet to an iron pin at a 36-inch Elm tree; thence South 19 degrees 40 minutes 5 seconds East 379.25 feet to an iron pin; thence South 80 degrees 29 minutes 45 seconds West 245.45 feet to the point of beginning containing 1.993 acres more or less by survey of Carroll Carman Registered Land Surveyor, TN # 910, address Rt. 1, Box 35A, Hartsville TN, 37074, dated 1-15-91. Access to the above tract is provided by right of ingress and egress over the adjoining Watson and Kelley property leading from Sloan Branch Road over existing drive to the South 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 North 80 degrees 29 minutes 45 seconds East 124.45 feet from the Southwest corner of the above described tract; thence with the center of drive South 7 degrees 30 minutes 55 seconds East 78.18 feet; thence South 20 degrees 55 minutes 30 seconds East 90.66 feet; thence South 26 degrees 37 minutes 00 seconds East 26.28 feet; thence South 38 degrees 07 minutes 50 seconds East 72.84 feet; thence South 39 degrees 59 minutes 05 seconds West 156.93 feet to a point in the intersection of center of drive in center of Sloan Branch Road. (Legal description revised pursuant to the Agreed Judgment, recorded on August 2, 2018, at Book 343, Page 73, in the real estate records of Smith County, Tennessee). 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 October 10, 2018 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 10-18-3t
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NOTICE OF SUBSTITUTE TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated July 22, 2016, executed by REBECCA WIGGINS, conveying certain real property therein described to JOSEPH B. PITT JR., as Trustee, as same appears of record in the Register’s Office of Smith County, Tennessee recorded July 22, 2016, in Deed Book 307, Page 243at Instrument Number 16001763; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Quicken Loans Inc. who is now the owner of said debt; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Smith County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 14, 2018 at 1:00 PM at the Front Entrance of the Smith County Courthouse, 211 North Main Street, Carthage, TN 37030, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Smith County, Tennessee, to wit: BEING A CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE TWENTIETH (20TH) CIVIL DISTRICT OF SMITH COUNTY, TENNESSEE; BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: THIS IS TRACT NO. 11 OF THE BENNETT FARM. BEING LOCATED IN THE 20TH CIVIL DISTRICT, SMITH COUNTY, TENNESSEE, ON THE WEST SIDE OF HORSESHOE BEND LANE, AND BEING A PORTION OF THE PROPERTY OF RECORD IN RECORD BOOK 37, PAGE 694, REGISTER`S OFFICE, SMITH COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT AN IRON ROD IN THE WEST MARGIN OF HORSESHOE BEND LANE, SAME BEING THE SOUTHEAST CORNER OF THIS TRACT AND THE EASTERNMOST NORTHEAST CORNER OF TRACT #10 OF THE BENNETT FARM (5.61 ACRES AS PER SURVEY OF SAME DATE), ALSO BEING 1173.21 FEET NORTH OF THE NORTHEAST CORNER OF I.G. BENNETT AS YOU MEASURE ALONG SAID MARGIN, THENCE LEAVING ROAD WITH LINE OF SAID TRACT #10 SOUTH 80 DEGREES 08 MINUTES 23 SECONDS WEST 610.20 FEET TO AN IRON ROD; THENCE NORTH 09 DEGREES 51 MINUTES 37 SECONDS WEST 426.73 FEET TO AN IRON ROD; THENCE WITH LINE OF DEWEY KING KNIGHT NORTH 88 DEGREES 07 MINUTES 51 SECONDS EAST 130.95 FEET TO A METAL POST; THENCE NORTH 85 DEGREES 55 MINUTES 37 SECONDS EAST 157.74 FEET TO A METAL POST; THENCE NORTH 83 DEGREES 15 MINUTES 03 SECONDS EAST 106.52 FEET TO AN IRON ROD AT A DOUBLE CEDAR TREE; THENCE SOUTH 89 DEGREES 40 MINUTES 01 SECOND EAST 81.53 FEET TO AN IRON ROD IN THE WEST MARGIN OF HORSESHOE BEND LANE; THENCE WITH SAID MARGIN ALONG A CURVE PROCEEDING COUNTER-CLOCKWISE, HAVING A DEFLECTION ANGLE OF 17 DEGREES 01 MINUTE 02 SECONDS, A RADIUS OF 437.50 FEET, A TANGENT LENGTH OF 65.45 FEET, AND A CHORD OF SOUTH 31 DEGREES 43 MINUTES 49 SECONDS EAST 129.46 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 129.94 FEET; THENCE SOUTH 40 DEGREES 14 MINUTES 20 SECONDS EAST 72.96 FEET TO A POINT, SAME BEING A POINT OF CURVATURE OF A CURVE PROCEEDING CLOCKWISE, HAVING A DEFLECTION ANGLE OF 24 DEGREES 58 MINUTES 59 SECONDS, A RADIUS OF 361.00 FEET, A TANGENT LENGTH OF 79.98 FEET, AND A CHORD OF SOUTH 27 DEGREES 44 MINUTES 51 SECONDS EAST 156.17 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 157.41 FEET; THENCE SOUTH 15 DEGREES 15 MINUTES 21 SECONDS EAST 40.88 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 OCTOBER 21, 2003. TOGETHER WITH A NONEXCLUSIVE RIGHT OF WAY BENEFITING TRACTS 10 & 11, SHOWN AS FOLLOWING: BEGINNING AT A IRON ROD IN THE WEST MARGIN OF HORSESHOE BEND LANE, SAME BEING THE SOUTHERNMOST CORNER OF THIS RIGHT-OF-WAY, THE SOUTHEAST CORNER OF SAID TRACT #10, AND THE NORTHEAST CORNER OF TRACT #9 OF THE BENNETT FARM PROPERTY (5.10 ACRES AS PER SURVEY OF SAME DATE); THENCE LEAVING ROAD AND SEVERING SAID TRACT #10 AND THE ABOVE DESCRIBED TRACT NORTH 58 DEGREES 28 MINUTES 11 SECONDS WEST 352.30 FEET TO A POINT THENCE CONTINUING WITH LINE SEVERING THE ABOVE DESCRIBED TRACT SOUTH 82 DEGREES 21 MINUTE 38 SECONDS WEST 355.53 FEET TO A POINT IN THE WEST BOUNDARY OF THE ABOVE DESCRIBED TRACT) SAID POINT BEING NORTH 09 DEGREES 51 MINUTES 37 SECONDS WEST 147.55 FEET FROM AN IRON ROD AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT); THENCE WITH THE LINE OF SAID TRACT #10 NORTH 09 DEGREES 51 MINUTES 37 SECONDS WEST 50.04 FEET TO A POINT IN THE WEST BOUNDARY OF THE ABOVE DESCRIBED TRACT; THENCE WITH LINE SEVERING THE ABOVE DESCRIBED TRACT NORTH 82 DEGREES 21 MINUTES 38 SECONDS EAST 375.26 FEET TO A POINT; THENCE CONTINUING WITH LINE SEVERING SAID TRACT #10 SOUTH 58 DEGREES 28 MINUTES 11 SECONDS EAST 316.87 FEET TO A POINT IN THE WEST MARGIN OF HORSESHOE BEND LANE; THENCE WITH SAID MARGIN SOUTH 15 DEGREES 15 MINUTES 21 SECONDS EAST 73.02 FEET TO THE POINT OF THE BEGINNING. THE RIGHT OF WAY CANNOT BE BLOCKED OR OBSTRUCTED IN ANY WAY. UTILITIES, IF ANY, CAN BE LAID ON EITHER SIDE OF THE RIGHT OF WAY. MAINTENANCE OF THIS RIGHT OF WAY WILL BE THE RESPONSIBILITY OF THE OWNERS OF TRACTS NO. 10 AND 11. Parcel ID: 045 01500 000000 PROPERTY ADDRESS: The street address of the property is believed to be 475 HORSESHOE BEND LN, ELMWOOD, TN 38560. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): REBECCA WIGGINS OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid 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; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 rubinlublin.com/property-listingTel: (877) 813-0992 Fax: (404) 601-5846 Ad #145188 10/18/2018, 10/25/2018, 11/01/2018 10-18-3t
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Smith County Election Commission
Polling Locations Notice
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Smith County Election Commission
Sample Ballot – November 6, 2018 Election
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