Legal & Public Notices For The Week Of 10/27/22
NOTICE TO CREDITORS ESTATE OF Linda Hope Ascencio Notice is hereby given that on the 13th day of October, 2022, Letters Testamentary in respect to the estate of Linda Hope Ascencio, Deceased, who died on the 9th day of October, 2022, 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 13th day of October, 2022. Signed Catherine Gaunt, Personal Representative Jessie Goad, Clerk & Master Charles W. McKinney, Attorney 10-20-2t
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NOTICE JIMI RACHEL BOX The State of Tennessee, Department of Children’s Services, has filed a petition against you seeking to declare your child 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 Laura Beth Whitley, Attorney for the Tennessee Department of Children Services, 600 Hearthwood Court, Cookeville, Tennessee 38506, (931) 644-6147, 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, which will be November 3, 2022, 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 5th day of December, 2022 at 11:00 a.m. for the Adjudicatory Hearing on the Petition 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. 10-13-4t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on December 21, 2022 on or about 10:00AM local time, at the front door of the old Smith County Courthouse, Carthage, Tennessee, conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by TRENOR A. BRYANT AND MARY E. BRYANT, to Lenders First Choice, TN, Trustee, on December 19, 2007, at Record Book 185, Page 22-33 as Instrument No. 08000125 in the real property records of Smith County Register’s Office, Tennessee. Owner of Debt: Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust The following real estate located in Smith County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Certain real estate located in the fourteenth (14th) civil district of Smith County, Tennessee as follows: Beginning on an iron pipe on the South side of Lester Avenue at Scruggs Northwest corner and runs as follows: South 32 degrees 00 minutes 00 seconds East 154.00 feet with Scruggs to an iron pipe; South 65 degrees 15 minutes 00 seconds West 100 feet with Allmon to an iron pipe; North 36 degrees 00 minutes 00 seconds West 134.00 feet with Blanchard to an iron pipe South side of Lester Avenue; North 58 degrees 00 minutes 00 seconds East 117.00 feet with South side Lester Avenue to the beginning, containing one lot. For informational purposes only: the APN is shown by the County Assessor as 053L A 019.00 000; Source of title is Book 128, page 157 (Recorded 07/22/93) Tax ID: 053L-A-019.00 Current Owner(s) of Property: TRENOR A. BRYANT AND MARY E. BRYANT The street address of the above described property is believed to be 138 Lester Avenue, Carthage, TN 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 referenced herein shall control. SALE IS SUBJECT TO OCCUPANT(S) RIGHTS IN POSSESSION. 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. THE TERMS OF SALE ARE CASH. ANY TAXES OR FEES WILL BE THE RESPONSIBILITY OF THE PURCHASER. IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE PURCHASE PRICE. THE PURCHASER SHALL HAVE NO FURTHER RECOURSE AGAINST THE GRANTOR, THE GRANTEE, OR THE TRUSTEE. OTHER INTERESTED PARTIES: SECRETARY OF HOUSING & URBAN DEVELOPMENT AND UNKNOWN HEIRS OF MARY ELLEN BRYANT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If applicable, the notice requirements of T.C.A. 35-5-101 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, but the undersigned will sell and convey only as Substitute Trustee. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor or Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the Sale will be subject to the applicable governmental entities’ right to redeem the property as required by 26 U.S.C. 7425 and T.C.A. §67-1-1433. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. MWZM File No. 22-000517-210-1 Mackie Wolf Zientz & Mann, P.C., Substitute Trustee(s) Cool Springs Commons, Suite 273 7100 Commerce Way Brentwood, TN 37027 TN INVESTORS PAGE: HTTP://MWZMLAW.COM/TN_INVESTORS.PHP 10-27-3t
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NOTICE TO CREDITORS ESTATE OF Paul Davis Notice is hereby given that on the 11th day of October, 2022, Letters Testamentary in respect to the estate of Paul Davis, Deceased, who died on the 20th day of September, 2022, 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 11th day of October, 2022. Signed Jack Davis, Personal Representative Jessie Goad, Clerk & Master Branden Bellar, Attorney 10-20-2t
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NOTICE TO CREDITORS ESTATE OF Mary Louise Deck-Dimateo Notice is hereby given that on the 18th day of October, 2022, Letters of Administration in respect to the estate of Mary Louise Deck-Dimateo, Deceased, who died on the 2nd day of June, 2022, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 18th day of October, 2022. Signed Wilma Deck McDonald, Personal Representative Jessie Goad, Clerk & Master Elliot M. Benson, Attorney 10-27-2t
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NOTICE TO CREDITORS ESTATE OF Aaron Michael Dunlap Notice is hereby given that on the 4th day of October, 2022, Letters of Administration in respect to the estate of Aaron Michael Dunlap, Deceased, who died on the 26th day of February, 2022, 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 4th day of October, 2022. Signed Jonathan Tinsley, Personal Representative Jessie Goad, Clerk & Master Jonathan Tinsley, Attorney 10-20-2t
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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 June 20, 2003, and the Deed of Trust of even date securing the same, recorded June 23, 2003, in Book No. 85, at Page 454, in Office of the Register of Deeds for Smith County, Tennessee, executed by Juan Mora and Elaina Anderson, conveying certain property therein described to Gregg S. Murphy as Trustee for Columbia National Incorporated; 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 December 7, 2022 on or about 2:00 PM, at the Smith County Courthouse 211 North Main Street, Carthage, TN 37030, 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: Being a certain tract or parcel of land located in the (12th) Twelfth Civil District of Smith County, Tennessee being further described as follows: Being Lot No. 13, Section One (1) in Hills Country Acres Subdivision, a Plat to which is of record in Plat Book No. 2, Page 8 Register’s Office, Smith County, Tennessee. ALSO KNOWN AS: 5 South Lovers Lane, Lebanon, TN 37090-9238 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: JUAN MORA ELAINA ANDERSON TENANTS OF INTERNATIONAL PORTFOLIO, INC. 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 and that notices of said postponement for inclement weather will be mailed to interested parties of record. W&A No. 331377 DATED October 4, 2022 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 10-13-3t
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IN THE CHANCERY COURT FOR SMITH COUNTY, TENNESSEE IN CARTHAGE, PROBATE DIVISION IN RE: ESTATE OF JOEL VANHOOSE, DECEASED CASE NO. P-2593 Acting pursuant to the decrees of the Chancery Court of Smith County, Tennessee, on September 16, 2022, the following described property will be offered for sale to the highest, last and best bidder. The property is located at 45 Bradford Hill Road, Brush Creek, TN 38547. The Real property will be sold at 10:00 a.m. on Saturday, November 19, 2022, at the premises on 45 Bradford Hill Road, Brush Creek, TN 38547. This will be an ABSOLUTE SALE, subject to court confirmation. The property being more particularly described as follows: The Joel Vanhoose Property, Map 062 Parcel 43.08 and Parcel 43.09. LYING AND BEING in the Town of South Carthage, Fourteenth (14th) Civil District of Smith County, Tennessee, and being more particularly described as follows, to-wit: BEING Lot Numbers Eight (8) and Nine (9) on the Plan of the Sircy Property, a plat of which is of record in Plat Book 3, Page 152, Register’s Office, Smith County, Tennessee. Lot Number Eight (8) fronts 109.92 feet along the curvature of the east side of Bradford Hill Road and extends back between lines 297.21 feet along the southerly line and 289.43 feet along the northerly line to a dead line in the rear, measuring 1320.00 feet thereon, containing 0.81 acres, more or less. Lot Number Nine (9) fronts 118.59 feet along the curvature of the east side of Bradford Hill Road and extends back between lines 289.43 feet along the southerly line and 305.55 feet along the northerly line to a dead line in the rear, measuring 166.11 feet thereon, containing 0.95 acres, more or less. AND BEING the same property conveyed to Joel Vanhoose and wife, Mariah L. Vanhoose, by Warranty Deed from C. Steven Bray, dated March 9, 2000, of record in Record Book 14, Page 202, Register’s Office, Smith County, Tennessee. Mariah Lee Vanhoose a/k/a Mariah L. Vanhoose conveyed her interest in said property to Joel Ray Vanhoose by QuitClaim Deed dated March 4, 2005, of record in Record Book 126, Page 242, Register’s Office, Smith County, Tennessee. Joel Ray Vanhoose and Joel Vanhoose are one and the same person. Terms of Sale. The Special Commissioner & Receiver will sell all right, title and interest in and to the above-described real property with the assistance of C.D. Poindexter Realty and Auction. The real property is being sold “As Is”. Buyer will be required to pay 10% down on the date of sale, with the balance due upon closing and sign a sales contract. Possession will be given with deed, after confirmation by Chancellor C. K. Smith of the Chancery Court of Smith County, Tennessee and payment of the purchase price. Sale is being made subject to such encumbrances and exceptions as may be determined to be against the property. Announcements made on the sale date take precedence. This the 14th day of October, 2022. JESSIE GOAD SPECIAL COMMISSIONER AND RECEIVER 322 Justice Drive, Suite 105 Carthage, TN 37030 615-735-2092 JAMIE D. WINKLER ATTORNEY FOR ESTATE P.O. Box 332212 Main Street Carthage, TN 37030615-735-1648 10-20-3t
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NOTICE TO CREDITORS ESTATE OF Teresa Ann Woodard Notice is hereby given that on the 17th day of October, 2022, Letters of Administration in respect to the estate of Teresa Ann Woodard, Deceased, who died on the 13th day of September, 2022, 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 17th day of October, 2022. Signed Dustin Tyler Woodard, Personal Representative Jessie Goad, Clerk & Master Branden Bellar, Attorney 10-27-2t
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NOTICE TO FURNISHERS OF LABOR AND MATERIALS TO: Superior Traffic Control, LLC PROJECT NO.: 80946-3402-94CONTRACT NO.: CNW044 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 12/9/2022.
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PUBLIC NOTICE The Carthage City Council will meet Thursday, November 3rd, 2022 at 6:00 p.m. The meeting will take place at City Hall, 314 Spring Street, Carthage and is open to the public. The Carthage City Council will also meet at 5:30 p.m. on November 3rd (prior to regular schedule council meeting) to discuss the Jefferson/Main as well as 2nd avenue traffic light. All citizens are encouraged to attend. 10-27-22(1t) Sarah Marie Smith, Mayor of Carthage
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AN ORDINANCE TO DECLARE ILLEGAL, CERTAIN DISRUPTIVE PRACTICES DURING HALLOWEEN, TO WIT: POSSESSION OF EGGS OR MISSILES WITH INTENT TO THROW SAME; DESTRUCTION OR ABUSE OF PERSONAL PROPERTY; ASSEMBLY FOR CREATING A DISTURBANCE; CONSUMPTION OF ALCOHOLIC BEVERAGES AND BEER; INTERFERING WITH CITY EMPLOYEES IN THEIR OFFICIAL DUTY, AND PROVIDING FOR A REASONABLE CURFEW AND PENALTIES. ORDINANCE NO. 195 Whereas, the day and night designated or known as Halloween has become a time for lawlessness, property destruction and breaches of peace, and, Whereas the citizens of this city, especially the small children the elderly and visitors have been unable to travel about the city on Halloween without fear of abuse to the person and property. Now therefore be it ordained by the City Councils of Carthage, South Carthage and Gordonsville, Tennessee that: SECTION I A. It shall be unlawful for any minor, under age of 18 years to be on the public streets, alleys, playgrounds and any other public places or private ground not owned by said minor, within the city limits of Carthage after 8:00 p.m. on October 31th or any day designated as to day to celebrate “Halloween”. B. Any persons found guilty of violating this ordinance shall be fined not less than $5.00 and no more than $50.00. C. This ordinance shall not affect the validity of any other curfew ordinance theretofore adopted and in effect within the corporate limits, but shall be exception of limitations to any ordinance. SECTION II A. It shall be unlawful for any person to possess in public, and on any street, highway, alley, public place or any property not belonging to said person within the city limits of Carthage, South Carthage and Gordonsville, Tennessee, between the hours of 6:00 p.m. and 6:00 a.m., eggs, with the intent to throw same at persons or property. B. There shall be a rebutable presumption that anyone who possesses any egg or eggs in public between the hours of 6:00 p.m. and 6:00 a.m. possesses said egg or eggs with the intent to throw said eggs at persons or property. C. Any person found guilty of possessing any egg or eggs shall be fined $10.00 per egg. D. Any person found guilty of throwing any egg or eggs shall be fined $50.00. SECTION III It shall be unlawful for any person to appear on or in any public way or place while wearing a mask, device, or hood whereby any portion of the face is hidden or covered as to concea the identity of the wearer. The following are exempt from the provision of this section: (1) Children under the age of 14 years. (2) Workers, while engaged in work where a face covering is needed for health and or safety reasons. (3) Persons wearing gas masks in Civil Defense drills and exercises or emergencies. (4) Any person having a special permit issued by the city to wear a traditional holiday costume. Any person found guilty of violating this ordinance shall be fined not less than $5.00 and no more than $50.00. SECTION IV It shall be unlawful for any person or persons to maliciously throw any stone, stick, bottle, pumpkin or pumpkin parts, snowball, egg, or any other missile or object at any person, building or vehicle. SECTION V It shall be unlawful for any person to willfully, maliciously and intentionally damage, deface, destroy, conceal, tamper with remove or withhold any real or personal property, which does not belong to him. SECTION VI It shall be unlawful for any two or more persons to assemble together for any unlawful purpose, or for the purpose of annoyance or disturbance of citizens or travelers, or to do violence to the property of the City or person or property of another against the peace and to the terror of others, or to make any move or preparation therefore, or being present at such meeting or assembly to fail to endeavor to prevent the commission of or perpetration of such unlawful acts. It shall be unlawful for groups to march on the streets or by motorcade without having a special permit or permission from the Mayor. Any person found guilty of violating this ordinance shall be fined not less than $5.00 and no more than $50.00. SECTION VII It shall be unlawful to commit the following violations within the City of Carthage, South Carthage or Gordonsville. (1) To drink or consume any beer or other alcoholic beverage in any public place, park, or any street, alley or public thoroughfare. (2) To possess any open can, bottle, or any other open container containing beer on any school property, library property, church property, public playgrounds, public parks or public buildings, or on any parking lot open to public use or on business property other than those business places which have a license for on the premises consumption of beer. SECTION VII It shall be unlawful for any person to knowingly resist or in any way interfere with or attempt to interfere with any officer or employee of the City while such officer or employee is performing or attempting to perform his municipal duties. Any person found guilty of violating this offense shall be fined a maximum of $50.00. THESE ORDINANCES shall take effect from and after their passage, the public welfare requiring it. Towns of CARTHAGE Mayor, Sarah Marie Smith Police Chief, Brit Davis SOUTH CARTHAGE Mayor, Joey Nixon Police Chief, David Long GORDONSVILLE Mayor, John Potts Police Chief, Shannon Hunt MONDAY, OCTOBER 31 IS HALLOWEEN We hereby give notice that laws pertaining to the setting of fires and vandalism will be enforced. It is our desire that Smith County observe a quiet Halloween. We ask for your respect and cooperation. Ordinances passed by the Town Councils of Carthage, South Carthage and Gordonsville are as follows: 10-27-22(1T)