Legal & Public Notices For The Week Of 10/17/19

Legal & Public Notices For The Week Of 10/17/19

SUBSTITUTE TRUSTEE’S NOTICE OF SALE Sale at public auction will be on December 18, 2019, at or about 1:00 PM, local time, at the front entrance of the Smith County Courthouse, 211 North Main Street, Carthage, TN 37030, pursuant to the Deed of Trust executed by Thomas Andrew Eastes and William Kenneth Eastes, Jr., to Anthony R. Steele, as Trustee for Vanderbilt Mortgage and Finance, Inc. dated May 10, 2017, and recorded in Book 321, Page 628, and modified in Book 326, Page 97 in the Register’s Office for Smith County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Smith County Register’s Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable. Party entitled to enforce the debt: Vanderbilt Mortgage and Finance, Inc. Other interested parties: Wilson Bank & Trust The hereinafter described real property located in Smith County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Legal Description: BEING LOCATED IN THE 20TH CIVIL DISTRICT, SMITH COUNTY, TENNESSEE, ON THE WEST SIDE OF HORSESHOE BEND ROAD, AND BEING A PORTION OF THE PROPERTY OF RECORD IN DEED BOOK 61, PAGE 339 AND DEED BOOK 56, PAGE 6, REGISTER`S OFFICE, SMITH COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN THE WEST MARGIN OF HORSESHOE BEND ROAD, SAME BEING THE SOUTHEAST CORNER OF THIS TRACT AND THE NORTHEAST CORNER OF BOBBY F. BROWN; THENCE LEAVING ROAD WITH LINE OF BROWN SOUTH 56 DEGREES 52 MINUTES 36 SECONDS WEST 29.88 FEET TO A LARGE BODOCK TREE; THENCE SOUTH 10 DEGREES 53 MINUTES 23 SECONDS WEST 22.41 FEET TO AN IRON ROD AT A FALLEN BODOCK TREE; THENCE SOUTH 28 DEGREES 54 MINUTES 37 SECONDS WEST 42.17 FEET TO AN IRON ROD; THENCE NORTH 76 DEGREES 02 MINUTES 27 SECONDS WEST 187.50 FEET TO A 20-INCH HICKORY TREE; THENCE WITH THE LINE OF JERRY CRAIGHEAD NORTH 72 DEGREES 17 MINUTES 18 SECONDS WEST 107.04 FEET TO A METAL POST; THENCE NORTH 67 DEGREES 19 MINUTES 01 SECOND WEST 223.94 FEET TO A 12-INCE MAPLE TREE; THENCE NORTH 68 DEGREES 29 MINUTES 24 SECONDS WEST 237.02 FEET TO A POST; THENCE NORTH 71 DEGREES 58 MINUTES 11 SECONDS WEST 104.95 FEET TO AN IRON ROD AT A 12-INCH HACKBERRY TREE; THENCE WITH LINE OF TRACT NUMBER 2 OF THE BENNETT ESTATE PROPERTY (5.50 ACRES AS PER SURVEY OF SAME DATE) NORTH 73 DEGREES 26 MINUTES 42 SECONDS EAST 800.01 FEET TO AN IRON ROD IN THE WEST MARGIN OF HORSESHOE BEND ROAD; THENCE WITH SAID MARGIN SOUTH 08 DEGREES 24 MINUTES 41 SECONDS EAST 143.23 FEET; THENCE SOUTH 10 DEGREES 24 MINUTES 18 SECONDS EAST 161.18 FEET TO A POINT, SAME BEING POINT OF CURVATURE OF A CURVE PROCEEDING COUNTERCLOCKWISE, HAVING A DEFLECTIONS ANGLE OF 14 DEGREES 43 MINUTES 13 SECONDS, A RADIUS OF 557.50 FEET, A TANGENT LEGTH OF 72.01 FEET, AND A CHORD OF SOUTH 17 DEGREES 45 MINUTES 54 SECONDS EAST 142.84 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 143.23 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 APRIL 27, 2004. THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING RESTRICTIONS; 1. RESERVATION OF ALL OIL, GAS AND MINERAL RIGHTS. 2. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AS OF RECORD IN RECORD BOOK 107, PAGE 323, REGISTER`S OFFICE FOR SMITH COUNTY, TENNESSEE. 3. SUCH MATTERS AS SHOWN ON THE PLAT OF RECORD IN PLAT CABINET B, SLIDE 340, REGISTER`S OFFICE FOR SMITH COUNTY, TENNESSEE. 4. SUCH MATTERS AS SHOWN ON THE SURVEY BY CARROLL DEAN CARRUAN DATED APRIL 27, 2004. Street Address: The street address of the property is believed to be 393 Horseshoe Bend LN, Elmwood, TN 38560, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control. Map/Parcel Number: 045 016.02 Current owner(s) of Record: Thomas Andrew Eastes and William Kenneth Eastes, Jr., as tenants in common with the right of survivorship This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale. THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. The title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. Title to the manufactured home may be transferred by Bill of Sale or Certificate of Title, as the case may require. The right is reserved to adjourn the sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale. 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 check made payable to or endorsed to Padgett Law Group. 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 by the Substitute Trustee at any time. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Padgett Law Group, Substitute Trustee 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 (telephone) (850) 422-2567 (facsimile) [email protected] PLG# 19-018200-1 10-17-3t

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CHANCERY COURT LAND SALE CHARLES ALBERT PRESTON, NANCY PAULINE WILSON, PAMELA ELAINE NUNLEY, and EDDIE SHANE BLAIR, PLAINTIFFS, VS. REBECCA MALONE, SHARON PRESTON, JAMES A. PRESTON, DARLENE ALVIS, JAMES L. PRESTON, DANIEL POPE, SCOTT WELLS, and any UNKNOWN HEIRS, DEFENDANTS. No. 8338 In obedience to a decree of the Chancery Court at Carthage made on July 25, 2019, in the above styled case, I will on Saturday, the 9th day of November, at 10:00 o’clock A.M., on the premises, sell to the highest and best bidder the property in said decree described, being a tract of land located in the Fifteenth (15th) Civil District of Smith County, Tennessee, Trousdale Ferry Pike, Gordonsville, and described as follows: MAP:077 PARCEL: 022.00 Bounded on the North by James Vance, et ux and Charles McKinney; East by Charles McKinney, Mike Finley, Edward and James Scott Fitzpatrick, and Billy Tramel; South by Trousdale Ferry Pike and Interstate 40; and West by James Larry Preston heirs, Jason Montgomery, et ux, and James Vance, et ux, containing approximately 114.39 acres, more or less, according to the tax map as it existed in the Property Assessor’s Office, Smith County, Tennessee on September 25, 2018. BEING the same property bequeathed to Jim Preston for and during his lifetime and at his death to his heirs by Will of A.E. Preston of record in Will Book G, Page 342, Clerk and Master’s Office, Smith County, Tennessee. Jim Preston died April 26, 1980 and the property became vested in his children, to-wit: Jerry Wayne Preston, James A. Preston, Charles R. Preston, Linda D. Wells, Darlene Alvis, Thelma Mahaney, Rebecca Malone, and Dewey T. Preston. Jerry Wayne Preston conveyed his one-eighth (1/8) interest to James A. Preston, Charles R. Preston, Linda D. Wells, Darlene Alvis, Thelma Mahaney, Rebecca Malone and Dewey T. Preston by Warranty Deed dated June 9, 1980, of record in Deed Book 97, Page 395, Register’s Office, Smith County, Tennessee. Dewey T. Preston conveyed his one-seventh (1/7) interest to Charles R. Preston by Warranty Deed dated February 6, 1986, of record in Deed Book 107, Page 113, Register’s Office, Smith County, Tennessee. Linda D. Wells is deceased and Scott Wells is her only child and heir at law. Thelma Jean Preston Pope (formerly Mahaney) died June 3, 2015 devised her interest in said property to her husband, Daniel Ray Pope, by Will of record in Will Book 59, Page 568, Probate Clerk’s Office, Rutherford County, Tennessee. Charles R. Preston died June 19, 2016 and devised his interest in said property to his children Pamela Nunley, Charles A. Preston, Nancy Wilson, Jolinda Blair, and Lonnie Preston by Will of record in Will Book 10, Page 611, Probate Clerk’s Office, DeKalb County, Tennessee. James A. Preston died intestate on October 27, 2016 and Sharon Preston, his wife, and James Avin Preston, Jr., his son, were his only heirs at law at the time of his death. TERMS OF SALE Sale will be made for cash. This 14th day of October, 2019. Jeremy D. Trapp Attorney for Plaintiff Thomas S. Dillehay Clerk and Master 10-17-3t

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NOTICE OF SUBSTITUTE TRUSTEE’S SALE WHEREAS, Donald W. Ashmore and Rebecca A. Ashmore, executed a Deed of Trust to Robert L. McDonald, Trustee, dated December 29, 2017, of record in Book 331, Page 707, Register’s Office for Smith County, Tennessee, to secure an indebtedness evidenced by a Promissory Note payable to the order of CedarStone Bank, hereinafter referred to as the “Deed of Trust”; and WHEREAS, said conveyance was made for the purpose of securing the payment of certain sums as evidenced by a Promissory Note payable to the order of CedarStone Bank; and, WHEREAS, Byron M. Gill was appointed Substitute Trustee by instrument dated September 27, 2019, of record in Book 363, Page 524, Register’s Office for Smith County, Tennessee; and, WHEREAS, the Deed of Trust provided that in the event of default in payment of the Promissory Note and interest when due, the entire indebtedness shall, at the option of the legal owner or holder of the Note, become due and payable immediately; and, WHEREAS, default has been made in the payment of the Promissory Note, and the indebtedness is now due and in default, and the owner and holder of the Note has declared the entire balance to now be due and payable, demand for payment having been made and refused, the Deed of Trust containing a power of sale in the event of default, the legal owner and holder of the Note has instructed the undersigned Substitute Trustee to foreclose the Deed of Trust. NOW, THEREFORE, by virtue of the authority vested in me by the Deed of Trust and Appointment of Substitute Trustee, Byron M. Gill will, on the 4th day of November, 2019, at the hour of 11:00 a.m., local time, offer for sale at the front steps of the Smith County Courthouse in Carthage, Smith County, Tennessee, to the last, highest, and best bidder for cash, free from all rights and equities of redemption, homestead, dower, and of all other rights of exemptions of every kind as provided in the Deed of Trust, the following tract or parcel of land situated and lying in Smith County, Tennessee, together with all appurtenances and improvements thereunto belonging, which property is more particularly described as follows: PARCEL I: A certain tract or parcel of land located in the 13th Civil District of Smith County, Tennessee, more particularly described as follows, to-wit: Being Lot No. 2 on the Plan of Boundary Survey for DAB Partnership of record in Plat Book C, Page 117, in the Register’s Office for Smith County, Tennessee, to which Plan reference is hereby made for a more complete description of said lot Included in this conveyance is a 50’ right of ingress and egress across Tract 1 on Plat Book C, Page 117, Register’s Office, Smith County, Tennessee. Being the same property conveyed to Donald W. Ashmore and wife, Becky A. Ashmore, by Warranty Deed from John Blackwell and Jonathan G. Dugdale d/b/a DAB Partnership, dated November 26, 2010, and of record in Book 230, Page 200, Register’s Office for Smith County, Tennessee. This is IMPROVED property known as 224 Rawls Creek Road, Gordonsville, TN 38563. PARCEL II: A certain tract or parcel of land located in the 13th Civil District of Smith County, Tennessee, more particularly described as follows, to-wit: Being Lot No. 1 on the Plan of Boundary Survey for DAB Partnership of record in Plat Book C, Page 117, in the Register’s Office for Smith County, Tennessee, to which Plan reference is hereby made for a more complete description of the property. Being the same property conveyed to Donald W. Ashmore and wife, Rebecca A. Ashmore, by Warranty Deed from John Blackwell and Jonathan G. Dugdale d/b/a DAB\ Partnership, dated September 6, 2013, and of record in Book 268, Page 546, Register’s Office for Smith County, Tennessee. This is IMPROVED property known as 224-C Rawls Creek Road, Gordonsville, TN 38563 aka 220 Rawls Creek Road, Gordonsville, TN 38563. Included with the sale of this parcel is a 1992 Fleetwood Manufactured Home, VIN TNFLM27AB04560SR. PARCEL III: The following described property located in the 13th Civil District o Smith County, Tennessee, more particularly described as follows: Beginning at an iron pin in the West margin of Rawls Creek Road, said pin being located 25 feet from the corner of said road, said pin being the Southeast corner of the herein described tract and the most Eastern Northeast corner of Tract Number 2; thence with the line of Tract Number 2, North 64 degrees 17 minutes 40 seconds West 125.00 feet to an iron pin; thence with the line of Tract Number 2, North 44 degrees 09 minutes 25 seconds West 1,172.01 feet to an 18 inch cedar tree; thence North 68 degrees 44 minutes 14 seconds East 158.70 feet to an iron pin (n); thence South 53 degrees 39 minutes 26 seconds East 159.23 feet to a 24 inch Red Oak; thence South 60 degrees 54 minutes 33 seconds East 100.55 feet to a 30 inch maple; thence the South 68 degrees 05 minutes 38 seconds East 239.41 feet to a 20 inch walnut; thence South 66 degrees 46 minutes 46 seconds East 84.34 feet to a 6 inch hackberry; thence South 69 degrees 38 minutes 57 seconds East 152.83 feet to an iron pin(n), said pin also being the Northwest corner of Mofield; thence with the line of Mofield, South 06 degrees 04 minutes 45 seconds West 208.36 to an iron pin(n); thence with the line of Mofield, South 71 degrees 12 minutes 55 seconds East 181.96 feet to an iron pin(n); thence with the line of Young South 24 degrees 44 minutes 31 seconds West 293.85 to an iron pin(n), also being the Southwest corner of Young; thence, with the line of Young, South 64 degrees 17 minutes 40 seconds East 125.80 feet to an iron pin(n) in the West margin of Rawls Creek Road, said pin also being the Southeast corner of Young; thence with the margin of said road, South 20 degrees 44 minutes 29 seconds West 50.00 feet to the point of beginning. Being the same property conveyed to Donald Ashmore and wife, Rebecca Ashmore, by Warranty Deed from Roni Leigh Harlowe, dated February 28, 2013, and of record in Book 259, Page 659, Register’s Office for Smith County, Tennessee. This is IMPROVED property (pole barn) known as 224-A Rawls Creek Road, Gordonsville, TN 38563 aka Rawls Creek Road, Gordonsville, TN 38563. Further reference is made to Deed of Trust of record in Book 331, Page 707, and Appointment of Substitute Trustee of record in Book 363, Page 524, Register’s Office for Smith County, Tennessee. Donald W. Ashmore and Donald Ashmore are one and the same person. Becky A. Ashmore, Rebecca Ashmore, and Rebecca A. Ashmore are one and the same person. The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day, time, and place of sale set forth above. The Substitute Trustee will make deed to the purchaser in accordance with the terms of the Deed of Trust. This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property, including the Deed of Trust of record at Book 253, Page 687, Register’s Office for Smith County, Tennessee. This sale is also subject to any matter that an accurate survey of the premises might disclose and/or any tenant(s) rights in possession. Lienholder: CedarStone Bank Interested parties: Donald W. Ashmore and Rebecca A. Ashmore; any occupants of the real property If the highest bidder is unable to comply with the terms of the sale, the undersigned reserves the right to sell the property to the next highest bidder able to comply or to readvertise the sale if he so chooses. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 7th day of October, 2019. Byron M. Gill, Substitute Trustee Rochelle, McCulloch & Aulds, PLLC 109 North Castle Heights Avenue Lebanon, TN 37087 (615)443-8773 10-10-3t

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PUBLIC NOTICE The Town of South Carthage Volunteer Fire Department wishes to remind residents of the Town of South Carthage they must obtain an open burn permit from City Hall in order to burn brush on their property. There is no charge for the permit. The open burning of any treated wood, plastic, rubber, or household garbage etc. is prohibited. Title 7, Chapter 5 of the South Carthage Municipal Code. Ricky Slack South Carthage Fire Chief 10-17-19(1t)

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