Legal & Public Notices For The Week Of 01/09/20

Legal & Public Notices For The Week Of 01/09/20

NOTICE OF PUBLIC HEARING A Public Hearing will be held on Tuesday, January 21, 2020, at 5:30 p.m. at City Hall, 314 Spring Street Carthage, TN. The purpose is to discuss Ordinance # P-20191113-2: “AN ORDINANCE TO AMEND THE ZONING CODE OF THE TOWN OF CARTHAGE, TN BY REPEALING AND REPLACING SECTION 11-605, TITLED “SIGNS AND SIMILAR ADVERTISING STRUCTURES” WITH AN ORDINANCE CORRECTING AND UPDATING CODE TO REFLECT CURRENTLY ACCEPTED SIGN REGULATIONS.” This meeting is open to the public. All interested citizens are encouraged to attend. Sarah Marie Smith ~ Mayor of Carthage 010920(1t)

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PUBLIC NOTICE The regularly scheduled Carthage City Council meeting on Jan. 2, 2020 was adjourned after the roll call due to lack of a quorum, as required by the City Charter. The meeting was rescheduled for Tuesday, January 21, 2020 at 6 p.m. at City Hall, 314 Spring Street. If you came to the January 2nd meeting to address an item on the agenda (below), please come to the January 21st special called meeting to address that same item. This meeting is open to the public, and all interested citizens are invited to attend. AGENDA I. MEETING CALLED TO ORDER II. ROLL CALL III. CONSIDER MINUTES IV. CONSIDERATION OF BILLS OVER $2,000.00 V. CITIZEN’S CONCERNS VI. MAYOR’S REPORT VII. CITY ATTORNEY’S REPORT VIII. DEPARTMENT REPORTS • CITY RECORDER REPORT • POLICE CHIEF • PUBLIC WORKS SUPERVISOR • WATER PLANT SUPERVISOR • SEWER PLANT SUPERVISOR • FIRE CHIEF IX. GRANT REPORTS • Water Tank • Walking Track • Downtown Façade • Playground Equipment • CDBG X. UNFINISHED BUSINESS • 2nd READING AND FINAL VOTE: Ordinance # P-20191113-2 • Select Engineer for Firehall Bay addition • Commercial Trash Bin Report – Councilman Reece • Use of Performance Hall Area in Stephen’s Building XI. NEW BUSINESS • Eagle Scout Project – Dog Park – John Kelly Lish • Approval for Mayor to apply for Community Development Block Grant • Approval for Mayor to apply for SRF priority loan – for Futtrel Ally water line • Approval for Mayor to apply for SRF priority loan – sewer I&I plan & design • AUDIT REPORT – JOHN POOLE • 1st READING AND VOTE: FLOODPLAIN ORDINANCE P-20200102-1 • Scheduling of Budget Workshops for 2020-2021 budget – Councilmen Ebel • Password issue and moving forward legally – Councilman Ebel • Charter amendments – Councilman Ebel • Personnel memo – Councilman Ebel • Spring Street playground – Councilmen Ebel • Power Point presentation about The Spot – Councilwoman Kannapel XII. ADJOURN

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BID NOTICE Smith County Landfill is taking sealed bids until 10 AM January 17th, 2020 for the leasing out to the successful bidder: Approximately 55 acres of bottom land for the purpose of some type of no till crops and 30 acres more or less for hay. The successful bidder must bush hog the other areas of the landfill not suited for hay cutting annually. Bidders may make a site visit to view areas to be leased by appointment. Appointments can be made by calling the landfill Monday – Friday 7 AM – 3 PM at 615-735-1941. Bids are to be sent to the Smith County Mayors office located at 122 Turner High Circle, Carthage TN. 37030. 01-09-20(1t)

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BID NOTICE Smith County Government is taking sealed bids until 10 AM January 17th, 2020 for the leasing out to the successful bidder: Approximately 7 acres more or less for hay cutting or livestock grazing located at Kinslow lane off of County House Circle Road. Bidders may make a site visit to view areas to be leased by appointment. Appointments can be made by calling the Smith County Mayor’s Office Monday – Friday 8 AM – 4 PM at 615-735-2294. Bids are to be sent to the Smith County Mayors office located at 122 Turner High Circle, Carthage TN. 37030 01-09-20(1t)

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The Smith County Election Commission will meet January 14, 2020 at 6:30 pm at the Election Commission Office located at 122 Turner High Circle, Suite 105, Carthage, TN for the purpose of reviewing ballot names for the March Election, calling the August 6, 2020 election and inspecting new registrations, reviewing appeals and such other business as may come before the body. 01-09-20(1t)

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NOTICE TO CREDITORS ESTATE OF Ruth D. Anderson Notice is hereby given that on the 2nd day of January, 2020, Letters of Administration in respect to the estate of Ruth D. Anderson, Deceased, who died on the 23rd day of December, 2019, 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 2nd day of January, 2020. Signed William H. Anderson, Co-Personal Representative Charlotte Anderson Karin, Co-Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-9-2t

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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 March 31, 2010, and the Deed of Trust of even date securing the same, recorded April 8, 2010, in Book No. 220, at Page 435, and modified on January 20, 2017, In Book No. 329, At Page 261 in Office of the Register of Deeds for Smith County, Tennessee, executed by Jeffrey Bastardi and Cindy Bastardi, conveying certain property therein described to Andrew C Rambo as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for First Community Mortgage, Inc., its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by PennyMac Loan Services, LLC. 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 PennyMac Loan Services, LLC, will, on February 13, 2020 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: LYING AND BEING in the Twelfth (12th) Civil District of Smith County, Tennessee, and being bounded and described as follows, to-wit: BEING TRACT NO. 5, containing 6.63 acres, more or less, of the plat of The Resubdivision of Tracts 1, 2, 3, 4, and 5 of the William Floyd Subdivision, a plat of which is of record in Plat Cabinet C, Slide 160, Register’s Office, Smith County, Tennessee. THIS CONVEYANCE IS SUBJECT TO Plat Book C, Page 160 and Restrictions of record in Book 131, Page 588 and Easements of record in Book 134, Page 761 and Book 155, Page 109 and Right of-Way Agreement of record in Book 199, Page 174 and any and all restrictions, easements, setback lines, conditions, plat of record, and encumbrances of record in the Register’s Office for the aforesaid County. ALSO KNOWN AS: 46 Borck Lane, Lebanon, TN 37090 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: JEFFREY BASTARDI CINDY BASTARDI INTERNAL REVENUE SERVICE ATTENTION: WENDY SMOOT BUILDERS FIRSTSOURCE – SOUTHEAST GROUP, LLC D/B/A BUILDERS FIRSTSOURCE WILLIAM C. FLOYD AMERICAN EXPRESS BANK, FSB On or about January 26, 2015, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Jeffrey W & Cindy Bastardi, recorded in the Register’s Office of Smith County, Tennessee, at Book 286, Page 245. Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by PennyMac Loan Services, LLC. Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property. As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action. 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. 321387 DATED December 19, 2019 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 12-26-3t

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Greenbelt Available to Property Owners Beginning January 2nd, Smith County property owners can sign up for Greenbelt. The Agricultural, Forest and Open Land Act of 1976, known as the Greenbelt Law, allows certain land to be taxed on its value based on its present use instead of its market value. There are three types of land which may qualify for greenbelt classification: agricultural (farm), forest and open space land. Most of the property classified under greenbelt is agricultural land, which requires 15 acres to qualify. Farm property must produce an average annual farm income of $1,500. This may include, (farm rent or federal farm support payments). Property may also qualify if you or your parents or spouse have farmed the property for at least 25 years. State law requires the assessor to make sure that only qualified properties benefit from greenbelt. Property owners wishing to qualify their land for greenbelt must apply at the Assessor of Property’s office beginning January 2, 2020 through February 28, 2020. If you have questions please call your Property Assessor at 735-1750 or come by the office at 122 Turner High Circle, Suite 106, Carthage, Tenn. 37030. 1-9-1t

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NOTICE TO CREDITORS ESTATE OF Dewey K. Knight Notice is hereby given that on the 20th day of December, 2019, Letters Testamentary in respect to the estate of Dewey K. Knight, Deceased, who died on the 17th day of December, 2019, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 20th day of December, 2019. Signed Jacky O. Bellar, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-2-2t

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IN THE CIRCUIT COURT FOR SMITH COUNTY, TENNESSEE AT CARTHAGE ERICA JADE RITTENBERRY, PLAINTIFF-WIFE, v. 2019-CV-57 JERRY CONNER RITTENBERRY, DEFENDANT-HUSBAND It appearing from the bill filed in this cause, which is sworn to, that the defendant’s whereabouts are unknown; however, his last known address was 419 East Main Street, Lebanon, TN 37087. Therefore, he cannot be served through the ordinary process of law to bring him before the Court. It is therefore ordered that the defendant, Jerry Conner Rittenberry, enter his appearance herein on or before February 9, 2020 and answer plaintiff’s bill or the same will be taken as confessed as to him and the matter will be set for a hearing ex-parte. A copy of this Order will be published for four consecutive weeks in the Carthage Courier, a newspaper published in Carthage, Smith County, Tennessee. WILLIAM D. HINTON ATTORNEY FOR PLAINTIFF 12-19-4t

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NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, SMITH COUNTY WHEREAS, James P. Spain, Jr. executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as beneficiary, as nominee for Success Mortgage Partners, Inc., Lender and Celia Stewart Rouse, Trustee(s), which was dated February 27, 2019, and recorded on March 4, 2019 in Book 352, Page 708, Instrument Number 19000625 in 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, Tennessee Housing Development Agency, (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 February 5, 2020, 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: Land in Smith County, Tennessee, being Tract No. 13 on the Plan of Round Lick Hills Subdivision, as shown on the Plat of record in Plat Book B, Page 150, in the Register’s Office for Smith County, Tennessee, to which plat reference is hereby made for a more particular description. Being the same property conveyed to James P. Spain, Jr., a single man by deed from Isiah Banegas, of record in Book 352, Page 706-707, or Instrument No. 19000624, Register’s Office of Smith County, Tennessee. Parcel ID Number: 80-33.27-0 Address/Description: 27 ROUND LICK HILLS LN, Watertown, TN 37184. Current Owner(s): James P. Spain, Jr.. Other Interested Party(ies): Tennessee Housing Development Agency. 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.: 19-17747 FC01 1-9-3t

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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on February 5, 2020 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 Terry K. Wood, to Randall Clemons, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Wilson Bank & Trust on May 20, 2011 at Book 235, Page 577, Instrument No. 11001140; 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: Specialized Loan Servicing 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: 124 Lester Ave, Carthage, Tennessee 37030 Parcel Number: 053L A 017.00 Current Owner(s) of Property: Terry K. Wood 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 Terry K. Wood, 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. 19-119334 1-9-3t

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NOTICE TO CREDITORS ESTATE OF Glenda Sue Woods Notice is hereby given that on the 26th day of December, 2019, Letters Testamentary in respect to the estate of Glenda Sue Woods, Deceased, who died on the 18th day of December, 2019, 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 December, 2019. Signed Paul Woods, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-2-2t

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NOTICE TO CREDITORS ESTATE OF David Scott Yeaman Notice is hereby given that on the 20th day of December, 2019, Letters Testamentary in respect to the estate of David Scott Yeaman, Deceased, who died on the 1st day of December, 2019, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 20th day of December, 2019. Signed Misty Yeaman Smith, Personal Representative Thomas S. Dillehay, Clerk & Master Guy Holliman, Attorney 1-2-2t

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Smith County

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