Legal & Public Notices For The Week Of 10/05/23
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 30, 2012, and the Deed of Trust of even date securing the same, recorded November 8, 2012, in Book No. 255, at Page 47, and modified on March 28, 2019, in Book No. 354, at Page 158 in Office of the Register of Deeds for Smith County, Tennessee, executed by Stephanie Grace Law Vance and Buck Vance, conveying certain property therein described to Steve Holmes Law Firm, P.C. as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for R.H. Lending, Inc., its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Midland Mortgage, a division of MidFirst Bank. 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 Midland Mortgage, a division of MidFirst Bank, will, on December 6, 2023 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 Lot No. 1 of the Harville Division, property as of record in Cabinet C, Plat 10, Register’s Office of Smith County, Tennessee for a more complete and accurate legal description ALSO KNOWN AS: 147 Horseshoe Bend Lane, Elmwood, TN 38560 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: STEPHANIE GRACE LAW VANCE BUCK VANCE TENANTS OF 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. 357142 DATED September 19, 2023 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 9-28-3t
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STATE OF TENNESSEE PROBATE COURT OF SMITH COUNTY AT CARTHAGE NOTICE TO CREDITORS ESTATE OF Thelma Marie Bennett Case#80CH1-2023-PR-2730 Notice is hereby given that on the 19th day of September, 2023, Letters of Administration in respect to the estate of Thelma Marie Bennett, Deceased, who died on the 30th day of June, 2023, 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 19th day of September, 2023. Signed Thelma Joe Mofield, Personal Representative Debbie C. Holliman, Attorney Jessie Goad, Clerk & Master 9-28-2t
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STATE OF TENNESSEE PROBATE COURT OF SMITH COUNTY AT CARTHAGE NOTICE TO CREDITORS ESTATE OF J. Alan Chugg Case#80CH1-2023-PR-2740 Notice is hereby given that on the 29th day of September, 2023, Letters of Testamentary in respect to the estate of J. Alan Chugg, Deceased, who died on the 19th day of August, 2023, 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 29th day of September, 2023. Signed Stephen Helm, Personal Representative Zach Taylor, Attorney Jessie Goad, Clerk & Master 10-5-2t
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STATE OF TENNESSEE PROBATE COURT OF SMITH COUNTY AT CARTHAGE NOTICE TO CREDITORS ESTATE OF James Edward Clayborn Case#80CH1-2023-PR-2731 Notice is hereby given that on the 27th day of September, 2023, Letters of Administration in respect to the estate of James Edward Clayborn, Deceased, who died on the 20th day of May, 2023, 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 27th day of September, 2023. Signed Heidi Leigh Clayborn, Personal Representative Branden Bellar, Attorney Jessie Goad, Clerk & Master 10-5-2t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on October 25, 2023 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 KEVIN M. ELLIOTT AND RENEE R. ELLIOTT, to Robert M. Wilson, JR., Trustee, on October 9, 2006, at Record Book 158, Page 318-325 as Instrument No. 06003861 in the real property records of Smith County Register’s Office, Tennessee. Owner of Debt: The Bank of New York Mellon f/k/a The Bank of New York as Indenture trustee for CWHEQ Revolving Home Equity Loan Trust, Series 2006-I 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: SITUATED IN THE SIXTEENTH (16TH) CIVIL DISTRICT OF SMITH COUNTY TENNESSEE AND DESCRIBED AS FOLLOWS: BEGINNING AT IRON PIN AT HIGHWAY 70 RIGHT-OF-WAY AT SOUTHWEST CORNER OF THIS TRACT THENCE N 21-45-17 E 147.49 FEET WITH TRACT #4 TO IRON PIN; THENCE N 5-48-30 W 114.87 FEET TO IRON PIN; THENCE N 19-44-52 E 996.71 FEET TO IRON PIN (MCDONALD LINE); THENCE S 89-00-00 E 190 FEET TO IRON PIN; THENCE S-0-363 FEET TO CORNER OF TRACT #6: THENCE S 22-41-57 W 914.52 FEET TO IRON PIN AT HIGHWAY 70 RIGHT-OF-WAY; THENCE N 85-45-00 W 180 FEET TO POINT OF BEGINNING AND CONTAINING 7.60 ACRES, MORE OR LESS AS SHOWN ON TRACT #5 OF SURVEY OF HOLLIS PETTY DATED MARCH 27. 1990. Being the same property conveyed to the within named grantor(S) by Deed recorded simultaneously herewith in Book 158 page 302 or Instrument No. 06003859, Register`s Office for said County. Tax ID: 071-012.05 Current Owner(s) of Property: KEVIN M. ELLIOTT AND RENEE R. ELLIOTT The street address of the above described property is believed to be 677 Cookeville Hwy, Elmwood, TN 38560, 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: DYCK-O`NEAL, INC – JR LIEN HOLDER 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. 22-000158-370-2 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 9-21-3t
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STATE OF TENNESSEE PROBATE COURT OF SMITH COUNTY AT CARTHAGE NOTICE TO CREDITORS ESTATE OF Howard Paul Hunt Jr. Case#80CH1-2023-PR-2741 Notice is hereby given that on the 2nd day of October, 2023, Letters of Administration in respect to the estate of Howard Paul Hunt Jr., Deceased, who died on the 6th day of September, 2023, 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 October, 2023. Signed Judy C. Hunt, Personal Representative Jamie D. Winkler, Attorney Jessie Goad, Clerk & Master 10-5-2t
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STATE OF TENNESSEE PROBATE COURT OF SMITH COUNTY AT CARTHAGE NOTICE TO CREDITORSESTATE OF Freda Mai LaFever Case#80CH1-2023-PR-2733 Notice is hereby given that on the 29th day of September, 2023, Letters of Testamentary in respect to the estate of Freda Mai LaFever, Deceased, who died on the 1st day of August, 2023, 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 29th day of September, 2023. Signed Terry O’Neal LaFever, Personal Representative Jamie D. Winkler, Attorney Jessie Goad, Clerk & Master 10-5-2t
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NOTICE TO FURNISHERS OF LABOR AND MATERIALS TO: Vulcan Construction Materials, LLC PROJECT NO.: 98304-4134-04 CONTRACT NO.: CNV195 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 11/17/2023.
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PUBLIC NOTICE – SMITH COUNTY The Tennessee Highway Patrol has recovered the below listed vehicles: YEAR: MAKE: MODEL: VIN: 2015 International Truck-tractor 1HSDJAPR1FH520279 Tennessee Highway Patrol Headquarters, 1291 South Walnut Ave., Cookeville, TN 38501, Phone 931-528-8496. Failure to respond to this notice within ten (10) working days serves as a waiver of all ownership rights and gives consent to the holder of said vehicle for its sale.
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Public Notice The Smith County Board of Education will have the monthly Board Meeting on Tuesday, October 10, 2023 at 5:00 p.m. at the Smith County Board of Education, 126 S.C.M.S. Lane, Carthage, Tennessee.
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PUBLIC NOTICE The Smith County Board of Zoning Appeals will hold a public hearing for a Variance Request at the Smith County Ag Center Small Room, 159 Ag Center Lane, Carthage, TN 37030 on Monday, October 23, 2023, at 6:00 p.m. Lanny Dixon is asking for a special exception to build a duplex on the property located at 134 Hogans Creek Road, Carthage, TN 37030 Map 053 Parcel 076.13 Zone R1. This is allowable if approved within the R1 zone. All interested parties are invited to attend. For further information, please contact the Smith County Planning Offi ce at 615-735-3418. Mike Nixon, Land Use Administrator
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PUBLIC NOTICE The Carthage Planning Commission will meet Wednesday, October 11, 2023 at 5:30 p.m. at City Hall in Carthage. In addition to other regular business, the purpose of the meeting is for: The meeting is open to the public and you are urged to attend and be heard if you have any comments or questions regarding these matters. Stephen Babcock Mayor of Carthage Consideration for approval of fencing of Turner- Clark Basketball Court Park at 160 Spring Street.
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PUBLIC NOTICE The Carthage City Council will meet Thursday, October 5, 2023 at 6:00 p.m. Before the council meeting, there will be a public hearing at 5:30 p.m. to cover ordinance CO-20230907 regarding speed limit changes. The meetings will take place at City Hall, 314 Spring Street, Carthage and is open to the public. Stephen Babcock, Mayor of Carthage