Thursday, April 14, 2005

Legal Notices

STATE OF MISSISSIPPI
COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on December 15, 2003, MARTHA J. AMBROSE executed a Deed of Trust to William F. Schneller, Trustee, for the benefit of Walter A. Utley Family Trust, which Deed of Trust is filed for record in Book 344, at Page 497, in the office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, said Deed of Trust authorized the appointment and substitution of another Trustee in the place of the Trustee named in said Deed of Trust or subsequently substituted therein, and Walter A. Utley Family Trust, appointed and substituted J. Kizer Jones as Trustee therein, by instrument dated March 30, 2005, and duly filed for record April 1, 2005, at 3:50 P.M. in the office of the aforesaid Chancery Clerk in Book 378, at Pages 808-809; and

WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, Walter A. Utley Family Trust, having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney's fees, Trustee's fees and expense of sale;

NOW, THEREFORE, I, J. Kizer Jones, Trustee in said deed of trust, will on the 6th day of May, 2005, offer for sale at public outcry for cash to the highest bidder, and sell within legal hours (Being between the hours of 11:00 A.M. and 4:00 P.M.) at the Front door of the County Courthouse at Holly Springs, County of Marshall, State of Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit:

5 acres, more or less, being Lot No. 6 of Pleasant Hill Estates – Part "A" located and situated in Sections 21 and 22, Township 2 South, Range 3 West, Marshall County, Mississippi, as shown and depicted on the Plat of said subdivision recorded in Plat File 906B in the office of the Chancery Clerk of Marshall County, Mississippi.

I WILL CONVEY only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this, the 6th day of April, 2005.

J. KIZER JONES, SUBSTITUTED TRUSTEE
PUBLISH:
APRIL 14, APRIL 21, APRIL 28, AND MAY 5, 2005.

(15-18c)


IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI

LORENE SCARBOUROUGH, PLAINTIFF
VS. NO. 05-0214-R

TRACY L. BROWN, INTERNAL REVENUE
SERVICE, AND ALL OTHER PERSONS FIRMS OR CORPORATIONS HAVING OR CLAIMING ANY LEGAL OR EQUITABLE

INTEREST IN THE FOLLOWING DESCRIBED LAND LOCATED IN MARSHALL COUNTY, MISSISSIPPI, WHICH WAS SOLD FOR TAXES AUGUST 26, 2002, TO WIT: "TRACT IN NW PT. S E 1/4 DEED BOOK 296 PAGE 151, S/T/R 25/03/05 BLOCK, PPIN #16447, PARCEL #267-25-04700 DEFENDANTS

SUMMONS

TO: Tracy L. Brown, whose post office and street address, after diligent search and inquiry, is believed, upon information and belief, to be 9841 Holmes Road East, Collierville, Tennessee 38017; Internal Revenue Service, who may be served with process through Jim M. Greenlee, U. S. Attorney, 800 Jefferson Avenue, Oxford, Mississippi 38655 and the Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001; and all other persons, firms and corporations having or claiming any legal or equitable interest in the following described land located in Marshall County, Mississippi, which was sold for taxes August 26, 2002, to wit: "Tract in NW Pt. S E 1/4 Deed Book 296 Page 151, S/T/R 25/03/05 Block, PPIN #16447, PARCEL #267-25-04700".

You have been made Defendants in the lawsuit filed in this Court by Lorene Scarbourough, Plaintiff, whose address is 3864 S. Red Banks Road, Byhalia, Mississippi 38611.

The Complaint filed against you has initiated a civil action confirming tax title described in the Complaint.

You are hereby summoned to this Court and you are required to mail or hand-deliver a copy of a written Answer either admitting or denying each allegation in the Complaint to William F. Schneller, Plaintiff's attorney, whose address is: Jones & Schneller, PLLC, P.O. Box 417, Holly Springs, Mississippi, 38635.

YOUR ANSWER MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE 14th DAY OF APRIL, 2005, WHICH IS THE DATE OF THE FIRST PUBLICATION OF THIS SUMMONS.IF YOUR ANSWER IS NOT SO MAILED OR DELIVERED, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT.

You must also file the original of your Answer with the Clerk of this Court.

Issued under my hand and the seal of said Court, this the 11th day of April, 2005.

C. W. "CHUCK" THOMAS, CHANCERY CLERK
OF MARSHALL COUNTY, MISSISSIPPI

By Madalynne Ash, D.C.

Publish: April 14, April 21 and April 28, 2005.

Jones & Schneller, PLLC

(15-17c)


STATE OF MISSISSIPPI
COUNTY OF MARSHALL

NOTICE TO BIDDERS

Please be advised that sealed bids will be received by the Marshall County Board of Supervisors of Marshall County, Mississippi, in the office of the County Administrator, Courthouse, Post Office Box 219, Holly Springs, Mississippi 38635, (662)252-7903 until 10:00A.M. Monday, May 9th, 2005 for the purchase of one used portable cold mix batch plant capable of being towed from site to site by semi-truck tractor. Any reasonable variation thereof will be considered.

The Board reserves the right to reject any and all bids and to waive any and all formalities in the best interest of the County.

This the 11th day of April, 2005.

Larry Hall
County Administrator

(15-16c)


SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI
COUNTY OF Marshall

WHEREAS, on the 27th day of October, 2003, Ivy J Fiddis, An Unmarried Woman, executed and delivered a certain Deed of Trust unto First American Title, Trustee for Century 21 Mortgage, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 341 at Page 152; and

WHEREAS, on the 30th day of March, 2005, the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau, as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 378 at Page 787; and

WHEREAS, default having been made in the payments of the indebtedness secured by the said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on the 12th day of May, 2005, I will during legal hours, at public outcry, offer for sale and will sell, at the south door of the Marshall County Courthouse at Holly Springs, Mississippi, for cash to the highest bidder, the following described Land and property situated in Marshall County, Mississippi, to-wit:

Lot 21 of Lamar Farms, Phase I in the Southwest corner of the Southwest Quarter of Section 13, Township 3 South, Range 4 West in Marshall County, Mississippi as recorded in Plat File 821B in the office of the Chancery Clerk of Marshall County, Mississippi, containing 2.17 acres, more or less.

I will only convey such title as is vested in me as Substitute Trustee.

WITNESS MY SIGNATURE, this day Tuesday, April 5, 2005.

Emily Kaye Courteau
SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

KB/F05-0574
PUBLISH: 4-14-05/ 4-21-05/ 4-28-05/ 5-5-05

(15-18c)


NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF LAND

Under and by virtue of the authority vested in me as Substitute Trustee in that certain Deed of Trust dated December 10, 2001 executed by BRUCE GOODE, unto JENNIFER L. SHACKELFORD as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, Potts Camp Branch; said Deed of Trust being of record in Land Deed of Trust Book 294 pages 566-572; the undersigned was appointed as Substitute Trustee by instrument dated October 25, 2002 recorded in Land Deed of Trust Book 313 page 590; all in the records of the Clerk of the Chancery Court of Marshall County, Mississippi; and default having been made in the payment of the indebtedness thereby secured, and the undersigned having been requested by the legal holder of said indebtedness to foreclose said Deed of Trust, notice is hereby given that I, as Substitute Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, May 6, 2005 offer for sale and sell at public outcry to the highest bidder for cash, the following described property, situated in the County of Marshall, State of Mississippi, to wit:

TRACT I, 3.03 more or less, tract of land located in Section 25, Township 6 South, Range 1 West, Marshall County, Mississippi and being more particularly described as follows: BEGIN at a 1/2" rebar set at the Southwest corner of Section 25, Township 6 South, Range 1 West, in Marshall County, Mississippi and run North for a distance of 54.89 feet to a point in a gravel road; run thence North 33 08' 38" East for a distance of 112.20 feet to a point in a gravel road; run thence North 33 32' 16" East for a distance of 90.36 feet to a PK nail set in a public paved road; run thence North 04 12' 30" East for a distance of 42.00 feet to a point set in a public paved road; run thence North 08 51' 53" East for a distance of 52.05 feet to a PK nail set in a public paved road; run thence South 89 45' 33" East leaving said public paved road for a distance of 401.40 feet to a 1/2" rebar set in a ditch; run thence South 29 31' 04" West along said ditch for a distance of 56.81 feet to a 1/2" rebar set; run thence South 11 14' 47" West along said ditch for a distance of 84.18 feet to a 1/2" rebar set; run thence South 07 29' 22" West along said ditch for a distance of 187.33 feet to a 1/2" rebar set on the shoulder of a public paved road; run thence North 89 45' 33" West for a distance of 454.97 feet to the point of beginning Said tract contains 3.03 acres, more or less. According to the plat of Perry Young dated August 7, 2001.

PARCEL NO: 047-25-03600

PROPERTY ALSO KNOWN AS: 495 Broadway Rd., Potts Camp, MS 38659

The purchaser will be required to pay the full amount of his bid in cash at the time of the sale. I will sell and convey only such title as is vested in me as Substitute Trustee.

WITNESS MY SIGNATURE on this the 12th day of April, 2005.

William F. Schneller, Substitute Trustee
Publishing Dates April 14, 21, 28 and May 5, 2005

(15-18c)


TRUSTEE’S NOTICE OF LAND SALE

On September 14, 1998 Johnny Roy Jones executed a Purchase Money Deed of Trust to Connie B. Johnson, Trustee which is recorded in Trust Deed Book 241 at pages 32-33 in the Chancery Clerk’s Office of Marshall County, Mississippi securing a note to Eddie C. Boatwright, Sr.

On September 6, 2002 Johnny Roy Jones conveyed herein described property to Linda Jones and recorded in Deed Book 330 at pages 15-17 and on August 26, 2004 Linda Jones conveyed herein described property to David Jones and Rachel Andrews and recorded in Deed Book 352 at pages 152-153 all in the records of the Chancery Clerk’s Office of Marshall County, Mississippi.

Debtor defaulted and legal holder accelerated the note and requested foreclosure.

As trustee, in legal hours at the south door of the Marshall County Courthouse in Holly Springs, Mississippi on May 10, 2005 I will sell to the highest cash bidder at public outcry the following described property in Marshall County, Mississippi:

5.16 acres in Section 10, Township 3 South, Range 4 West, Marshall County, Mississippi; being Farm Number 12 of Meadowview Farms Subdivision, as recorded in Plat Book 9, Page 49, in the Office of the Chancery Clerk of Marshall County, MS

Together with and subject to covenants, easements and restrictions of record.

Purchaser shall pay his bid in cash at sale. I will convey only such title as is vested in me as Trustee.

Witness my signature this the 6th day of April, 2005.

Connie B. Johnson
CONNIE B. JOHNSON

TRUSTEE

(15-18c)


NOTICE TO BIDDERS

The Holly Springs School District is advertising for term bids for the following:
Linen Service

Pest Control

Depository of Funds

Specifications may be obtained from:

The Office of the Superintendent

840 Highway 178 East

Holly Springs, MS 38635

Phone: (662) 252-2183

Bids will be opened at 3:00 p.m., Thursday, April 28, 2005.

The Holly Springs School District reserves the right to accept and/or reject any or all bids.

Publish April 14, 2005, and April 21, 2005
(15-16c)


SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on July 18, 2002, Mark W. Reese and Wendy T. Reese executed a certain Deed of Trust to L. Scott Pickle, Trustee for Merchants & Farmers Bank beneficiary, which Deed of Trust was recorded in the office of the Chancery Clerk of Marshall County in Book 318 at Page 525; and,

WHEREAS, Merchants & Farmers Bank, the present owner of the indebtedness and holder of the above described Deed of Trust, substituted Jeff D. Rawlings in the place in stead of L. Scott Pickle, or any subsequently appointed substituted trustee, said Substitution of Trustee, being recorded in the office of the Chancery Clerk of said County in Book 358 at Page 685; and,

WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deed of Trust, Merchants & Farmers Bank, the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expense of sale.

NOW, THEREFORE, I, Jeff D. Rawlings, Substituted Trustee in said Deed of Trust, will on the 6th day of May, 2005, offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the South Front Door of the Marshall County Courthouse, located at 128 East Van Dorn Avenue, Holly Springs, Mississippi to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit:

5.2 acres in the Southeast Quarter of Section 2, Township 6 South, Range 3 West, Marshall County, Mississippi. Described as: Commencing at the Northeast corner of the Southeast Quarter of Section 2, and run thence West 20.02 chains to a point; thence South 6.15 chains to a point on the West boundary of Mississippi State Highway No. 7; run thence South 5 degrees East 6 chains to an iron pin; thence South 85 degrees West 5.42 chains; thence North 5 degrees West 10.223 chains to a point; thence North 85 degrees East 4 chains to a point on the West boundary of Highway No. 7; thence South 27 degrees East along Highway No. 7, 4.59 chains to the point of beginning.

I WILL CONVEY only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 7th day of April, 2005.

Jeff D. Rawlings, Substituted Trustee for
Merchants & Farmers Bank

Dates of Publication: April14, 21, 28, May 5, 2005.

(15-18c)


RESOLUTION TO AMEND THE COMPREHENSIVE ZONING REGULATIONS

FOR THE CITY OF HOLLY SPRINGS, MISSISSIPPI, BY CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF
HOLLY SPRINGS, MISSISSIPPI, FROM R-12 TO B-4, AND PROVIDING NOTICE OF PUBLIC HEARING TO CONSIDER REZONING

WHEREAS, the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, have received an application for a change in the classification of certain real property described herein;

WHEREAS, by previous ordinance, certain amendments and changes were contemplated and allowed by giving at least fifteen (15) days’ notice of a public hearing to consider any proposed change or amendment;

WHEREAS, the City Board of Aldermen do hereby give notice that a public hearing will be held on Wednesday, 18th day of May, 2005, at 5:30 P.M., at the Board Room at City Hall, located at 160 South Memphis Street, Holly Springs, Mississippi;

WHEREAS, the property which is proposed to be rezoned is described as follows:

(Old Care Inn/Holly Springs Health and Rehabilitation Nursing Home:)

TRACT I

Starting at the intersection of the South right of way line of Cottrell Avenue with the East right of way line of Hill Street, run thence South 88 degrees 40 minutes East along the said South right of way line of Cottrell Avenue a distance of 929.40 feet to an iron pipe, said pipe being the Northeast corner of Sagefield Subdivision and the point of beginning of this description. From this point of beginning, run thence South 87 degrees 55 minutes East along the South right of way line of Cottrell Avenue a distance of 209.27 feet to an iron pipe; thence South 25 degrees 30 minutes West a distance of 259.62 feet to an iron pipe; thence South 44 degrees 30 minutes East a distance of 310.93 feet to an iron pipe on the West right of way line of Mississippi Highway #4; thence Southwesterly along said right of way line a distance of 203.53 feet to an iron pipe, said right of way line being described as a circular curve to the left with a radius of 1,960.04 feet and having a chord bearing of South 26 degrees 44 minutes West and a chord distance of 203.43 feet; thence South 88 degrees 35 minutes West a distance of 287.89 feet to an iron pipe; thence North a distance of 178.72 feet to an iron pipe on the South line of Sagefield Subdivision; thence South 88 degrees 59 minutes East along said South line a distance of 70.00 feet to an iron pipe at the Southeast corner of said subdivision; thence North 0 degrees 43 minutes West along the East line of said subdivision a distance of 475.08 feet to the iron pipe marking the point of beginning of this description. Tract I contains 3.25 acres, more or less, in Section 32, Township 3 South, Range 2 West.

TRACT II

Starting at the above described Northeast corner of Sagefield Subdivision, run thence South 87 degrees 55 minutes East along the South right of way line of Cottrell Avenue a distance of 209.27 feet to the iron pipe marking the point of beginning of this description. From this point of beginning, run thence South 25 degrees 30 minutes West a distance of 259.62 feet to an iron pipe; thence South 44 degrees 30 minutes East a distance of 310.93 feet to an iron pipe on the West right of way line of Mississippi Highway #4; thence Northeasterly along said right of way line a distance of 368.82 feet to an iron pipe at Highway Station 41 + 00, said right of way line being described as a circular curve to the right with a radius of 1,960.04 feet and having a chord bearing of North 35 degrees 05 minutes East and a chord distance of 368.27 feet; thence North 49 degrees 31 minutes West along said right of way line a distance of 50.00 feet to an iron pipe; thence North 40 degrees 34 minutes East along said right of way line a distance of 143.14 feet to an iron pipe on the south right of way line of Cottrell Avenue; thence North 87 degrees 55 minutes West along said right of way line a distance of 373.20 feet to the iron pipe marking the point of beginning of this description. Tract II contains 2.83 acres, more or less, in Section 32, Township 3 South, Range 2 West.

Tract I and II as described herein contain a total of 6.08 acres, more or less.

LESS AND EXCEPT:

Beginning at the intersection of the centerline of Cottrell Avenue and the Northwest right-of-way, 50.0 feet, of Mississippi Highway No. 4, City of Holly Springs, in Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi; thence with the Northwest right-of-way of Mississippi Highway No. 4 run South 43 degrees 30 minutes West for 198.8 feet; thence run South 37 degrees 50 minutes West for 170.0 feet to an iron rod; thence leaving said right-of-way run North 56 degrees 40 minutes West for 76.0 feet to an iron rod; thence run North 32 degrees 30 minutes East for 81.0 feet; thence run North 08 degrees 15 minutes West for 35.0 feet; thence run North 32 degrees 30 minutes East for 201.0 feet to the center of Cottrell Avenue; thence with said Avenue run South 88 degrees 25 minutes East for 79.0 feet; thence run South 67 degrees 00 minutes East for 86.0 feet to the point of beginning, containing 0.895 acre, more or less. LESS AND EXCEPT public road right of way.

NOW, THEREFORE, BE IT RESOLVED, that, this Resolution is hereby adopted and shall be published once each week for three (3) consecutive weeks in The South Reporter, a legal publication, the first publication being at least fifteen (15) days prior to the public hearing noticed herein.

Alderman Johnson moved to adopt said Resolution, seconded by Alderman Hayes.

The Resolution was put to a roll-call vote by the Mayor, and the result was as follows:

Alderman Colhoun voted Yes.
Alderman Hayes voted Yes.

Alderman Hutchens voted Yes.

Alderman Johnson voted Yes.

Alderman Liddy voted Yes.

The motion having received the affirmative vote of the majority of the members present, the Mayor of the City of Holly Springs, Mississippi, declared the motion carried and the Resolution adopted on this the 5th day of April, 2005.

CITY OF HOLLY SPRINGS, MISSISSIPPI
ANDRE DEBERRY, MAYOR
ATTEST: SANDRA YOUNG, CITY CLERK

PUBLISH: APRIL 14, 21, AND 28, 2005

(15-17c)


IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI

IN RE: ESTATE OF
JOHN WESLEY SHAW, SR. Cause No. 05-0203-R

NOTICE TO CREDITORS OF
JOHN WESLEY SHAW, SR.

LETTERS TESTAMENTARY having been granted and executed on this the 7 day of April, 2005, by the Chancery Court of Marshall County, Mississippi, to Peggy A. Shaw upon the Estate of John Wesley Shaw, Sr. in Cause No. 05-0203-R, notice is hereby given to all persons having claims before said estate now due or to become due to present the same before the Clerk of this Court for probate and registration according to law within ninety (90) days from the date of the first publication or they will be forever barred.

THIS, the 7 day of April, 2005.

Peggy A. Shaw
PEGGY A. SHAW

FARESE, FARESE & FARESE P.A.
ATTORNEYS FOR EXECUTRIX

POST OFFICE BOX 98

ASHLAND, MISSISSIPPI 38603

TEL: AC 662-224-6211

(15-17c)


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