Legal & Public Notices For The Week Of 07/18/19
Legal & Public Notices For The Week Of 07/18/19
The Town of South Carthage Municipal Planning Commission will have a called meeting on Thursday, July 25, 2019 immediately following the Board of Zoning Appeals meeting. The purpose of this meeting is to consider an application for rezoning property located at 58 Cookeville Highway from existing zone C-2 to 1-1. (Todd Scurlock Request) This meeting will be held in the William Ernest Hughes Building and all interested citizens are invited to attend. Any questions or comments can be addressed to the South Carthage Planner Tommy Lee by Phone: 931-979-2170 or email: [email protected] Grover Ellenburg Chairman South Carthage Planning Commission 07-18-19(1t)
_________
The South Carthage Board of Zoning Appeals will have a public hearing scheduled for Thursday, July 25, 2019 at the William Ernest Hughes building for the purpose of receiving public comment regarding the following: The establishment of mini-storage buildings on property located on Cookeville Highway further described as Map 053L, Group B, Parcel 005.01 (Ricky Dixon Request). The public hearing will begin at 5:00 P.M. All citizens are invited to attend. Any questions or comments can be addressed to South Carthage Planner Tommy Lee by phone: 931-979-2170 or email: [email protected] Grover Ellenburg Chairman South Carthage Board of Zoning Appeals 07-18-19(1t)
__________
The Smith County Planning Commission will hold a public hearing on August 19, 2019 at 5 PM at the Smith County Ag Center, Small Room, 159 Ag Center Lane, Carthage, TN. The purpose of the hearing is to receive public comment regarding a proposed amendment to the Smith County Subdivision Regulations. The proposed amendment would change the requirements for proposed new lots with existing septic systems. Any questions before the meeting can be answered by contacting Tommy Lee at 931-979-2170 or by email at tlee@ ucdd.org. 07-18-19(1t)
_________
PUBLIC NOTICE Carthage City Council On Thursday, August 1st, 2019 at 5:30 p.m., a Public Hearing will be held to discuss: • 2nd Reading of Budget Amendment Ordinance BA20190711-0 • 2nd Reading of Ordinance P-20190612(2)-2 to Expand Description of Facilities that Treat Substance Use Disorders with Drugs and Limit Where Facilities can be Located in the Town of Carthage • 2nd Reading of Ordinance P-20190612(4)-2 to Correct Errors in Previous Ordinance #433 that Amends Official Zoning Code • 2nd Reading of Ordinance P-20190612(5)-2 to Correct Errors in Previous Ordinance #409 that Amends Official Zoning Code • 2nd Reading of Ordinance P-20190612(1)-2-to Correct Errors on the Current Zoning Map • 2nd Reading of Ordinance P-20190612(3)-2 to Resolve Current and Future Issues with Numbering of Definitions Within Chapter 2, General Zoning Provisions, Section 11-204. The meetings will be held at City Hall, 314 Spring Street, Carthage. All interested citizens are invited to attend. Sarah Marie Smith Mayor of Carthage 07-18-19(1t)
_________
TO BE AUCTIONED 2006 Chev Rod 1GCCS148368233667 at Caney Fork Motors 178 Cookeville Hwy Elmwood, TN 38560 @ 9:00 a.m. on 7-19-19 07-18-19(1t)
______
I, James Bean, have in my possession a 1995 Camry with this VIN# 4T1SK11C8SU621656. If you have any information on this vehicle, please contact me at 615-974-5893. 07-18-19(1T)
________
REPORT OF THE DIRECTOR OF THE OFFICE OF STATE AND LOCAL FINANCE We have reviewed the budget submitted to our office by the DeKalb Utility District, for the fiscal year ending June 30, 2020, and it appears that budgeted revenues will be sufficient to meet anticipated cash expenditures for the fiscal year. Sandra Thompson, Director Office of State and Local Finance June 27, 2019 07-18-19(1t)
______
I, Tony Elrod, have in my possession a 1990 Ford with this VIN# 1FTCR14U3MPA25638. If you have any information on this vehicle, please contact me at 615-735-3589. 07-18-19(2T)
______
FOR SALE Smith Utility District will be accepting sealed bids to sell a 2006 Cat 416E, 4-wheel drive backhoe with 3017 hours. Backhoe can be seen at the main office located at 193 Gordonsville Hwy., Carthage, Tennessee; Monday – Friday between 7:30 AM to 4:00 PM. Bids will be opened at 8:00 AM, Wednesday, August 7, at the office location. The District has the right to accept any or reject all bids, and to waive all informalities. Smith Utility District does not discriminate on the basis of race, color, national origin, sex, age or disability. 07-11-19(2t)
________
IN THE CIRCUIT COURT FOR SMITH COUNTY, TENNESSEE JOHN HENRY THACKXTON, PLAINTIFF VS. CYNTHIA DAWN ThACKXTON Defendant NO. 2019-CV-35 ORDER OF PUBLICATION (NON-RESIDENT NOTICE) In this action, it appearing to the satisfaction of the Clerk, from the Plaintiff’s complaint, which is sworn to and Motion and Order that has been filed in this Court, that the defendant CYNTHIA DAWN THACKXTON’s residence is unknown and cannot be ascertained upon diligent inquiry so that the ordinary process of law cannot be personally served upon her. 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 James B. Dance, Plaintiff’s Attorney, whose address is 216 Main Street North, Carthage, Tennessee, a copy of answer to the Complaint on or before THIRTY DAYS of the date of the last publication of this notice and, also file the original answer to the complaint with the Circuit Court Clerk at his office at 322 Justice Drive, Suite 115, Carthage, Tennessee, 37030 within THIRTY DAYS from the last publication of this notice. If you fail to do so judgment by default will be taken against you for the relief demanded in the complaint. This the 27th day of June, 2019. Tommy Turner, Circuit Court Clerk James B. Dance Attorney for Plaintiff Publication Dates: July 4, July 11, July 18, July 25, 2019 7-4-4t
________________________
Seeking Jessica Mangrum Wilburn concerning your inheritance. Contact Michelle Lowder via messenger. 7-11-4tpd
______________
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 December 2, 2005, executed by Eddie W Davis, Tabitha B. Davis, conveying certain real property therein described to ANDREW A. STANDFORD, as Trustee, as same appears of record in the Register’s Office of Smith County, Tennessee recorded December 9, 2005, in Deed Book 140, Page 341 ; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Elizon Master Participation Trust I, U.S. Bank Trust National Association, as Owner Trustee 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 August 1, 2019 at 3:00 PM at the Front Steps of the Smith County Courthouse, Carthage, Tennessee, 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 LOCATED IN THE 7TH CIVIL DISTRICT OF SMITH COUNTY, TENNESSEE, ON THE NORTHWEST SIDE OF BRUSH CREEK ROAD, AND BEING THE PROPERTY OF RECORD IN DEED BOOK 53, PAGE 424, REGISTER`S OFFICE, SMITH COUNTY, TENNESSEE. SEE TAX MAP 98, PARCEL 16.00, TAX ASSESSOR`S OFFICE, SMITH COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN THE NORTHWEST MARGIN OF BRUSH CREEK ROAD, SAME BEING AN EASTERN CORNER OF THIS TRACT AND THE NORTHEAST CORNER OF LIGHTHOUSE COMMUNITY CHURCH; THENCE LEAVING ROAD WITH LINE OF LIGHTHOUSE COMMUNITY CHURCH NORTH 77 DEGREES 51 MINUTES 29 SECONDS WEST 11.15 FEET TO AN IRON ROD AT A 6-INCH HACKBERRY TREE; THENCE SOUTH 48 DEGREES 05 MINUTES 08 SECONDS WEST 276.41 FEET TO AN IRON ROD AT A POST; THENCE SOUTH 22 DEGREES 56 MINUTES 13 SECONDS EAST 20.73 FEET TO AN IRON ROD IN THE NORTHWEST MARGIN OF BRUSH CREEK ROAD; THENCE WITH SAID MARGIN ALONG A CURVE PROCEEDING COUNTERCLOCKWISE, HAVING A DEFLECTION ANGLE OF 06 DEGREES 07 MINUTES 27 SECONDS, A RADIUS OF 654.50 FEET, A TANGENT LENGTH OF 35.01 FEET, AND A CHORD OF SOUTH 60 DEGREES 49 MINUTES 32 SECONDS WEST 69.92 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 69.96 FEET; THENCE SOUTH 57 DEGREES 45 MINUTES 49 SECONDS WEST 145.96 FEET TO A POINT, SAME BEING A POINT OF CURVATURE OF A CURVE PROCEEDING CLOCKWISE, HAVING A DEFLECTION ANGLE OF 54 DEGREES 13 MINUTES 59 SECONDS, A RADIUS OF 210.10 FEET, A TANGENT LENGTH OF 107.59 FEET, AND A CHORD OF SOUTH 84 DEGREES 52 MINUTES 49 SECONDS WEST 191.53 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 198.87 FEET; THENCE NORTH 68 DEGREES 00 MINUTES 12 SECONDS WEST 96.46 FEET TO A POINT IN SAID MARGIN IN THE CENTER OF THE BRANCH; THENCE LEAVING ROAD WITH LINE OF LODA EUGENE HUNT AND THE CENTER OF THE BRANCH FOR THE NEXT THREE (3) CALLS: NORTH 00 DEGREES 55 MINUTES 49 SECONDS EAST 06.38 FEET; THENCE NORTH 36 DEGREES 56 MINUTES 39 SECONDS WEST 68.80 FEET; THENCE NORTH 52 DEGREES 11 MINUTES 01 SECOND WEST 106.08 FEET TO A POINT AT THE INTERSECTION OF THE BRANCH AND THE CREEK; THENCE WITH LINE OF THE CREEK AND FANTLEY GENE SYKES FOR THE NEXT TWO (2) CALLS: NORTH 31 DEGREES 13 MINUTES 35 SECONDS EAST 129.03 FEET; THENCE NORTH 35 DEGREES 32 MINUTES 23 SECONDS EAST 196.41 FEET TO A POINT; THENCE LEAVING CREEK NORTH 56 DEGREES 23 MINUTES 11 SECONDS WEST 25.62 FEET TO A POINT IN THE SOUTHEAST RIGHT-OF-WAY OF THE RAILROAD; THENCE WITH THE RAILROAD RIGHT-OF-WAY ALONG A CURVE PROCEEDING CLOCKWISE, HAVING A DEFLECTION ANGLE OF 30 DEGREES 28 MINUTES 16 SECONDS, A RADIUS OF 878.30 FEET, A TANGENT LENGTH OF 239.21 FEET, AND A CHORD OF NORTH 69 DEGREES 17 MINUTES 24 SECONDS EAST 461.61 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 467.10 FEET; THENCE NORTH 84 DEGREES 31 MINUTES 31 SECONDS EAST 86.28 FEET TO A POINT IN SAID RIGHT-OF-WAY AND IN THE CENTER OF THE BRANCH; THENCE LEAVING THE RAILROAD RIGHT-OF-WAY WITH THE CENTER OF THE BRANCH SOUTH 01 DEGREE 49 MINUTES 38 SECONDS WEST 35.08 FEET TO A POINT AT THE INTERSECTION OF THE BRANCH AND THE CREEK; THENCE WITH LINE OF THE CENTER OF THE CREEK SOUTH 64 DEGREES 06 MINUTES 48 SECONDS EAST 195.79 FEET TO A POINT IN THE CENTER OF THE CREEK IN THE NORTHWEST MARGIN OF BRUSH CREEK ROAD; THENCE WITH SAID MARGIN SOUTH 17 DEGREES 31 MINUTES 49 SECONDS WEST 149.72 FEET TO A POINT, SAME BEING A POINT OF CURVATURE OF A CURVE PROCEEDING CLOCKWISE, HAVING A DEFLECTION ANGLE OF 01 DEGREE 49 MINUTES 1 I SECONDS, A RADIUS OF 813.20 FEET, A TANGENT LENGTH OF 12.91 FEET, AND A CHORD OF SOUTH 18 DEGREES 26 MINUTES 25 SECONDS WEST 25.83 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 25.83 FEET TO THE POINT OF BEGINNING CONTAINING 7.54 ACRES MORE OR LESS BY SURVEY BY CARROLL DEAN CARMAN, REGISTERED LAND SURVEYOR, TENNESSEE NUMBER 910, ADDRESS 150 MIDDLE FORK ROAD, HARTSVILLE, TENNESSEE, DATED MAY 14, 2003. Parcel ID: 098 016.00 PROPERTY ADDRESS: The street address of the property is believed to be 281 Brush Creek Rd, Brush Creek, TN 38547. 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): Eddie W Davis, Tabitha B. Davis OTHER INTERESTED PARTIES: COMMUNITY BANK OF SMITH COUNTY 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 rlselaw.com/property-listing Tel: (877) 813-0992 Fax: (404) 601-5846 Ad #158821 07/04/2019, 07/11/2019, 07/18/2019 7-4-3t
________________
NOTICE CRISTINO CARBAJAN HERNANDEZ JOSÉ JUAN RAMIREZ The State of Tennessee, Department of Children’s Services, has filed a petition against you seeking to declare your children to be dependent and neglected. It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown. You are hereby ORDERED to serve upon Chasity Hancock, Attorney for the Tennessee Department of Children Services, 600 Hearthwood Court, Cookeville, Tennessee 38506, (931) 646-3011, an Answer to the Petition filed by the Tennessee Department of Children Services, within thirty (30) days of the last day of publication of this notice, and pursuant to Rule 103(c)(3) of the Tenn. R. Juv. P. you must also appear in the Juvenile Court of Smith County, Tennessee at Carthage, Tennessee on the 23rd day of July, 2019 at 9:00 a.m. for the Adjudicatory Hearing on the filed by the State of Tennessee, Department of Children’s Services If you fail to do so, a default judgment will be taken against you pursuant to Rule 55 of the Tenn. R. of Civ. P. for the relief demanded in the Petition. You may view and obtain a copy of the Petition and any other subsequently filed legal documents at the Juvenile Court Clerk’s Office, Carthage, Tennessee. 6-27-4t
_________________
SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on July 29, 2019 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 Linda Hyland, to Recontrust Company, N.A., Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Bank of America, N.A. on October 30, 2012 at Book 255, Page 247, Instrument No. 12002704; conducted by Shapiro & Ingle, LLP, having been appointed Substitute or Successor Trustee, all of record in the Smith County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable. Party Entitled to Enforce the Debt: Carrington Mortgage Services, LLC, its successors and assigns. The real estate located in Smith County, Tennessee,and described in the said Deed of Trust will be sold to the highest call bidder. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warrant is intended. Street Address: 7 Switchboard Rd, Brush Creek, Tennessee 38547 Parcel Number: 097J A 019.02 Current Owner(s) of Property: Linda L. Hyland This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose. The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None. Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable, and the rights of Linda Hyland, and those claiming through him/her/it/them. Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Ingle, LLP Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 Phone: (704) 333-8107 Fax: (704) 333-8156 www.shapiro-ingle.com File No. 15-104304 7-4-3t
___________
CHANCERY COURT (PROBATE DIVISION) LAND SALE IN RE: THE ESTATE OF: SHARAN LEE VENABLE TAYLOR, DECEASED BRANDEN BELLAR, PERSONAL REPRESENTATIVE No. P-2327 In obedience to a decree of the Chancery Court (Probate Division) at Carthage made on June 21, 2019, in the above styled cause, I will on Saturday, the 3rd day of August, 2019, 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 First (1st) Civil District of Smith County, Tennessee, 506 Spring Street, Carthage, and described as follows: MAP: 54H Group: B PARCEL: 018.00 LYING AND BEING in the First (1st) Civil District of Smith County, Tennessee, and being more particularly described as follows: WEST by Spring Street; North by Nellie Myers; South by Glenn Dixon (formerly John Meadows) and Laura Bell Bryant; and East by Earnest Bennett (formerly Williams). Said lot fronts on Spring Street a distance of 77 feet and runs East in parallel line a distance of 125 feet. BEING the same property vested in Sharan Taylor by deed from Roy Douglas West and C. D. Poindexter, of record in Record Book 222, page 412, Register’s Office for Smith County, Tennessee. This conveyance is subject to an easement for storm drain, recorded in Record Book 11, Page 643, said Register’s Office. Sale will be made for cash. This 5th day of July, 2019. J. Branden Bellar Attorney for Estate of Sharan Taylor Thomas S. Dillehay, Clerk and Master 7-11-3t
_________________