Thursday, July 28, 2005

Legal Notices

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE

OF LILLIE REE JEFFRIES BROWN,

NO. 05-0381A

ELNORA JEFFRIES, ADMINISTRATRIX

NOTICE TO CREDITORS

Letters of Administration having been granted on the 25th day of July, 2005, by the Chancery Court of Marshall County, Mississippi, to the undersigned, upon the estate of Lillie Ree Jeffries Brown, deceased, notice is hereby given to all persons having claims against said estate to present the same to the Clerk of said Court for probate and registration according to law within ninety (90) days from this date, or they will be forever barred.

Witness my signature, this the 25th day of July, 2005.

ELNORA JEFFRIES,

Administratrix

William F. Schneller

JONES & SCHNELLER, PLLC

P.O. Box 417

Holly Springs, Mississippi 38635

Attorneys for Administratrix

(30-33c)


 

 

RESOLUTION OF THE MAYOR AND

BOARD OF ALDERMEN OF THE TOWN

OF BYHALIA, MISSISSIPPI, TO AMEND

THE COMPREHENSIVE ZONING REGULATIONS

THEREOF BY CHANGING THE

ZONING OF CERTAIN PROPERTY FROM

AG TO RM7, AND PROVIDING NOTICE

OF PUBLIC HEARING THEREFOR

WHEREAS, the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi, have determined that the Comprehensive Zoning Regulations of said Town should be amended by changing the zoning designation of certain property in said Town from AG to RM7, and that said amendment is necessary and advisable and in the best interest of the municipality and its inhabitants; and

WHEREAS, by Ordinance certain amendments and changes to said Comprehensive Zoning Regulations were contemplated and allowed by giving at least fifteen (15) daysí notice of a public hearing to consider any proposed change or amendment; and

WHERAS, the said Mayor and Board of Aldermen do hereby give notice that a public hearing will be held on Tuesday, August 16, 2005, at 5:30 p.m. at the Board Room at City Hall, 161 South Highway 309, Byhalia, Mississippi, to consider the proposed amendment as to the real property more particularly described on Exhibit "A" attached hereto.

NOW THEREFORE BE IT RESOLVED, that this Resolution shall be adopted and published in a legal publication having a general circulation in said town, giving at least fifteen (15) days prior notice to said public hearing aforementioned.

The forgoing Resolution was introduced in writing and considered section by section and then as a whole and upon the motion of Aldermen Bob Carrington, seconded by Alderman Terry Sawyer, a roll call vote was held with the following results:

Alderman Carrington aye

Alderman Hamblin aye

Alderman Malone aye

Alderman Minor aye

Alderman Sawyer aye

The motion having received the affirmative vote of the majority of the members present, there being a quorum, the Mayor of the Town of Byhalia, Mississippi, declared the motion carried and the Resolution adopted this the 5th day of July, 2005.

TOWN OF BYHALIA

O. R. Dempsey

O. R. Dempsey, Mayor

ATTEST

Anna Marie Adkins

Anna Marie Adkins, Town Clerk

Legal Description: 8.7 acres West 1/2 of Section 35, Township 2 South, Range 5 West.

Recorded: Deed Book #307 Page #240 in Holly Springs, Mississippi

"Exhibit A"

(30-31c)


 

 

NOTICE

OF

INTENTION TO DIVERT OR WITHDRAW FOR

BENEFICIAL USE

THE PUBLIC WATERS OF THE STATE OF MISSISSIPPI

Notice is hereby given that on the 18th day of July, 2005, William Batt, of Germantown, TN filed the application for permit to impound the public waters of the State of Mississippi for beneficial use and being subject to the existing state water laws and the regulations pertaining thereto. The following Volume and Rate of Water from said Water Source for the purpose of Recreation, Irrigation, Flood Protection, and Sediment Control.

Appl. No. Rate Water Source

MS-SW-03027 Storage Tributary of-

Batt Lake Tributary of-

Volume Pigeon Roost Creek

75 AF

The point of impoundment located in:

SW 1/4 of NW 1/4 of Sec. 20, T4S, R3W, Marshall County

Any person(s), firm, association, or corporation, deeming that the granting of the above permit will be detrimental to their rights to utilize the waters of said source, may protest in writing to the Permit Board of the State of Mississippi, c/o E. G. McGregor, P. O. Box 10631, Jackson, MS 39289, setting forth all reasons why the granting of said permit should not be approved. Letters of protest must be received within ten (10) days of this publication.

If protested, the application will be presented for consideration by the Permit Board of the State of Mississippi in its offices at 2380 Highway 80 West, Jackson, Mississippi, on, or after, Tuesday, the 13th day of September, 2005, at which time all interested persons may appear and be heard.

OFFICE OF LAND AND WATER RESOURCES

E. G. McGregor, P.E.

Director, Division of

Dam Safety and Licensing

Telephone Number (601) 961-5642

(30c)


 

NOTICE OF TRUSTEE'S SALE OF LAND

Under and by virtue of the authority vested in me as Trustee in that certain Deed of Trust dated September 5, 2001, executed by JEFFREY SCOTT FOSTER and MICHELE FOSTER, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record in Land Deed of Trust Book 289 pages 217-222; Deed of Trust dated September 5, 2001, executed by JEFFREY SCOTT FOSTER, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record in Land Deed of Trust Book 306 pages 646-648 all in the land 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 Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on August 19, 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:

 

Lots 25 and 26, Victoria Heights North Subdivision in Section 3, 10 and 11, Township 3, South, Range 4 West, as shown in Plat in record in Plat Book 3 page 60, and now re-indexed and re-filed in Plat File 158A in the office of the Chancery Clerk of Marshall County, Mississippi.

PARCEL NUMBER: 201-11-01400

 

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 Trustee.

WITNESS MY SIGNATURE on this the 22nd of July, 2005.

William F. Schneller, Trustee

Publishing Dates: July 28, August 4, 11, and 18, 2005.

(30-33c)


 

Notice

J&L Automotive, 5212 Potts Camp Rd., Potts Camp, MS 38659, 662-333-4376 will sell for unpaid charges a 2000 Ford Contour 2.0 l, VIN 1FAFP6632YK121659

Date of Sale

August 17, 2005

(30-32c)


 

TRUSTEES NOTICE OF SALE

WHEREAS, on March 19, 1999, Harold Jeffries and wife,Willette Jeffries, individually and d/b/a Zinndercare Development Center, executed a Deed of Trust to Fred C. Permenter, Jr., Trustee for the benefit of Northeast Mississippi Planning & Development District, which Deed of Trust is of record in Land Trust Deed Book 248, pages 683-685, in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, on March 19, 1999, Harold Jeffries and wife, Willette Jeffries, individually and d/b/a Zinndercare Development Center, executed a Deed of Trust to Fred C. Permenter, Jr., Trustee, for the benefit of Northeast Mississippi Planning & Development District, which Deed of Trust is of record in Land Trust Deed Book 248, pages 686-688 in the Office of the Chancery Clerk of Marshall, County, Mississippi; and

WHEREAS, default having been made in the terms and conditions of said Deeds of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deeds of Trust and the legal holder, the Northeast Mississippi Planning & Development District, having requested the undersigned Trustee to execute this trust and sell said land and property in accordance with the terms of said Deeds of Trust for the purpose of raising the sums due thereunder, together with attorneyís fees, Trusteeís fees and expenses of sale.

NOW, THEREFORE, I, Fred C. Permenter, Jr., Trustee in said Deeds of Trust, will on the 26th day of August, 2005, offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 oíclock a.m. and 4:00 p.m.) at the front door of the County Courthouse in the County of Marshall, Holly Springs, Mississippi, to the highest and best bidder for cash, the following described property, lying and being situated in Marshall County, Mississippi, to-wit:

 

The lot and house situated thereon on the west side of Lots 334 and 335 according to the plan and survey of the City of Holly Springs, Marshall County, Mississippi, on Section 6, Township 4, Range 2 West.

This is the same property as that conveyed unto Elizabeth Evelyn Govan by Joyce Neely Miller in that certain Warranty Deed dated January 29, 1981, and of record in Land Deed Record 179, at page 699, of the records of the Clerk of the Chancery Court of Marshall County, Mississippi

 

The undersigned will convey only such title as is vested in him as Trustee.

IN WITNESS WHEREOF, I hereunto affix my signature on this the 18th day of July, 2005.

FRED C. PERMENTER, JR., TRUSTEE

PUBLISH: 8/3/05; 8/10/05; 8/17/05; and 8/24/05

(30-34c)


 

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on July 9, 2001, Stephen W. Johnson and Minnie S. Johnson, husband and wife, executed a certain deed of trust to Kathryn L. Harris, Trustee for the benefit of Community Mortgage Corporation which deed of trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book 284 at Page 828; and

WHEREAS, said Deed of Trust was subsequently assigned to Washington Mutual Home Loans, Inc. by instrument dated July 12, 2001 and recorded in Book 71 at Page 265 of the aforesaid Chancery Clerk's office; and

WHEREAS, Washington Mutual Bank, FA successor to Washington Mutual Home Loans, Inc. has heretofore substituted J. Gary Massey as Trustee by instrument dated July 11, 2005 and recorded in the aforesaid Chancery Clerk's Office in Book 386 at Page 362; 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, Washington Mutual Bank f/ka Washington Mutual Bank, FA, 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, J. Gary Massey, Substituted Trustee in said deed of trust, will on August 18, 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 door of the County Courthouse of Marshall County, located at Holly Springs, Mississippi, to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit:

The following land located and situated in Marshall County, Mississippi, to-wit:

 

Part of the Southeast Quarter, Section 2, and part of the Northeast Quarter, Section 11, Township 4 South, Range 3 West, Marshall County, Mississippi, more particularly described as follows, to wit: Commencing at the Southeast corner of the Southwest Quarter of Southwest Quarter of said Section 2; thence South 54 degrees 53' 33" West a distance of 56.63 feet to the Point of Beginning, said point being on the North side of Peyton Road (20 feet from centerline) and being in a curve, thence Southwesterly along the North side of said road, a curve to the left having a delta of 18 degrees 34' 53", a radius of 420.00 feet, and arc distance of 136.21 feet, a chord of South 46 degrees 22' 48" West 135.61 feet to the end of said curve, thence South 37 degrees 05' 21" West along said North side of road a distance of 68.61 feet, thence North 29 degrees 09' 05" West a distance of 328.00 feet; thence North 43 degrees 15' 41" East a distance of 203.63 feet; thence South 29 degrees 09' 05" East a distance of 328.00 feet to the Point of Beginning and containing 1.5 acres, more or less.

 

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

WITNESS MY SIGNATURE on this 22nd day of July, 2005.

J. Gary Massey

SUBSTITUTED TRUSTEE

Shapiro & Massey, L.L.P.

1910 Lakeland Drive, Suite B

Jackson, MS 39216

(601) 981-9299

1080 Peyton Rd. Holly Springs, MS

05-0107/dm

Publication Dates:

July 28, August 4 and 11, 2005

(30-32c)


 

 

LEGAL NOTICE OF PUBLICATION

OF FINAL SETTLEMENT OF CONTRACT

Notice is hereby given that the contract between the Board of Supervisors of Marshall County, Mississippi, on the one part, and Kimes & Stone Const. Co., Inc., on the other part, dated 09/02/04, for the construction of Project No. SAP 47 13 S being a section of A-C road in Marshall County, Mississippi, has been fully and completely performed and final settlement thereunder has been made on 06/15/05.

This notice is given under Section 31-5-53, Mississippi Code of 1972, in pursuance of the authority conferred upon me by order of the Board of Supervisors of Marshall County, in Minute Book 96, Page ___.

Dated this 18th day of July, 2005.

Chuck Thomas

Clerk of the Board of Supervisors

Marshall County, Mississippi

(30c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF:

LAMAR EDWARD LESTER, DECEASED

RICKY G. LESTER, ADMINISTRATOR

Civil Action No. 05-0292-A

NOTICE TO CREDITORS

Letters of Administration having been issued the 18th day of July, 2005, unto Ricky G. Lester, as Administrator of the Estate of Lamar Edward Lester, deceased, in Cause No. 05-0292-A of the Chancery Court of Marshall County, Mississippi, notice is hereby given to all persons having any claim against said estate to have the claim probated and registered by the Clerk of said Court within a period of ninety (90) days from and after the date of the first publication of this notice. Failure to probate and register such claim within ninety (90) days after the date of the first publication of this notice will bar the claim.

This the 20th day of July, 2005.

Ricky G. LEster

RICKY G. LESTER,

Administrator of the Estate of

Lamar Edward Lester, Deceased

(30-32c)


 

NOTICE OF TRUSTEE'S SALE OF LAND

Under and by virtue of the authority vested in me as Trustee in that certain Deed of Trust dated January 19th 2001, executed by Cora Parker and Will Todd, unto William F. Schneller, Jr. as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 275 pages761-765; Deed of Trust dated January 22nd 2002, executed by Cora Parker and Will Todd, unto William F. Schneller, Jr. as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 297 pages 482-486 all in the land 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 Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on August 19, 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 3 of the Choicie Parker Estate, containing 34.33 acres, more or less, in Sections 3 and 10, Township 2 South, Range 4 West, Marshall County, Mississippi as Shown on the plat prepared by Donald Jeff Hollingsworth, Registered Professional Land Surveyor, dated July 20. 1990, and filed for record in the office of the Chancery Clerk of Marshall County, Mississippi in Plat File 772-B.

LESS AND EXCEPT: Part of Tract No. 3 of the Choicie Parker Estate land son Section 3, Township 2 South, Range 4 West, according to plat thereof recorded in Plat File No. 772B of the records of the Clerk of the Chancery Court of Marshall County, MS, said part more particularly described as follows:

Commence at a 1/2 inch iron pipe being the Southwest corner of the Southeast Quarter of Section 3, Township 2 South, Range 4 West, thence South 89 degrees 10 minutes 48 seconds East 1190.16 feet to a 1/2 inch rebar set, said point being the point of beginning; thence North 2 degrees 39 minutes 43 seconds West 305.59 feet to a 1/2 inch rebar set on the North line of Tract 3; thence North 80 degrees 00 minutes 00 seconds East 1438.31 feet along said line (reference bearing line) to a 3/8 inch rebar found on the West side of parker Road; thence South 2 degrees 39 minutes 43 seconds East 305.59 feet along said road right-of-way to a 1/2 inch re-bar set said right-of-way ; thence South 80 degrees 00 minutes 00 seconds West 1438.31 feet to the point of beginning, containing 10.01 acres, more or less. being the same property conveyed to Charles Todd and wife, Betty J. Todd, by Warranty Deed dated April 8, 1996, executed by Cora Parker, and recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Land Deed Record Book No. 273, at pages 172-173.

ALSO LESS AND EXCEPT: Begin at the Northeast Corner of tract 5 of the Choicie Parker Estate recorded at Plat File 772-B, thence North 363 feet to a point; thence East 350 feet to a point on the East boundary of Choicie Parker Estate Plat; thence South 363 feet to the Northeast Corner of the three acres tract owned by Willie Parker, Jr.; thence West 349.81 feet along said property line to the point of beginning. Said description contains three acres, more or less, in Section 10, Township 2 South, Range 4 West, Marshall County, Mississippi. Being the same property conveyed to Cain Moore and Deloris Moore, by Warranty Deed dated July 31, 1991, executed by Cora Mae Parker, and recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Land Deed Record Book No. 239, at pages 693-694.

ALSO LESS AND EXCEPT: A tract of land being part of Tract 3 of the Choicie Parker Estate as Shown in Plat File 772-B all in the Northeast Quarter of the Northeast Quarter of Section 10, Township 2 South, Range 4 West, Marshall County, Mississippi and being more particularly described as follows: Commence at the Northeast Corner of Tact 3 of said Estate, said point being on the West right-of-way of Parker Road, said point being the POINT OF BEGINNING; thence South 2 degrees 04 minutes 26 seconds West 67.94 feet, along said right-of-way to a point thence South 84 degrees 34 minutes 42 seconds West 772.72 feet, to a 1/2" re-bar set on the edge of a lake; thence North 7 degrees 30 minutes 50 seconds East 113.40 feet, along said lake to a 1/2" re-bar set; thence North 87 degrees 08 minutes 35 seconds East 376.65 feet, along a fence line to a 3/8: re-bar found; thence North 88 degrees 32 minutes 21 seconds East 380.83 feet, along a fence line to the POINT OF BEGINNING. Said tract containing 1.61 acres, MORE OR LESS in the Northeast Quarter of the Northeast Quarter of Section 10, Township 2 South, Range 4 West, Marshall County, Mississippi.

The land and property herein conveyed is further shown, described and depicted in that certain plat and survey of Donald Hollingsworth, Registered Professional Land Surveyor. PLS #2525 dated May 12, 1997, Bing the same property conveyed to Charles Todd and wife, Betty Jean Todd, by Warranty Deed dated May 14, 1997, executed by Cora Parker, and recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Land Deed record Book No. 283, at pages 280-282.

 

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 Trustee.

WITNESS MY SIGNATURE on this the 25th day of July, 2005.

William F. Schneller, Trustee

Publishing Dates: July 28th, August 4th, 11th, 18th, 2005

(30-34c)


 

SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 29th day of November, 2000, Angela D. Smith, executed and delivered a certain Deed of Trust unto Craig N. Landrum, Esq., Trustee for Aames Funding Corporation, A California Corporation, DBA Aames Home Loan, 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 274 at Page 101; and

WHEREAS, by various assignments on record said Deed of Trust was ultimately assigned to Bankers Trust Company of California, N.A., In Trust for the Benefit of the Holders of Aames Mortgage Trust 2000-2 Mortgage Pass-Through Certificates, Series 2000-2 by instrument recorded in the office of the aforesaid Chancery Clerk in Book 70 at Page 529; and

WHEREAS, on the 21st day of March, 2003, the Holder of said Deed of Trust substituted and appointed John C. Morris, III as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 386 at Page 433; 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 18th day of August, 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:

 

BEGINNING at the northeast corner of said south half of the northwest quarter; thence South 00 degrees 45 minutes 50 seconds West along the east line of said Northwest quarter a distance of 830.0 feet; thence North 89 degrees 14 minutes 10 seconds West a distance of 168.26 feet; thence North 01 degrees 12 minutes 00 seconds East a distance of 713.54 feet to the centerline of a 50 feet wide easement as recorded in Land Deed Book 295 on Pages 393-395 of the Chancery records of said county; thence North 43 degrees 36 minutes 55 seconds East along said centerline of easement a distance of 157.88 feet; thence East a distance of 55.46 feet to the Point of Beginning.

 

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

WITNESS MY SIGNATURE, this day July 20, 2005

John C. Morris, III

SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

adg/F03-0586

PUBLISH: 07-28-05 / 08-04-05 / 08-11-05

(30-34c)


 

SUMMONS BY PUBLICATION

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

ARMETTA M. HOLMES et. al. Plaintiffs

Vs. Civil Action No. No. 05-0394-A

FERNDALE TAYLOR

ROBERT TAYLOR Defendants

SUMMONS

THE STATE OF MISSISSIPPI

TO: FERNDALE TAYLOR

ROBERT TAYLOR

You have been made a Defendant in the suit filed in this Court by Armetta M. Holmes and all those listed in Exhibit "A" hereto, Plaintiffs, seeking determination of heirship, adjudication of ownership interests in real property, partition of said real property and other equitable and general relief.

Defendants other than you in this action are: NONE

You are required to mail or hand-deliver a written response to the Complaint filed against you in this action to Tracy B. Walsh, Goeldner & Walsh, Professional Association, Attorneys for Plaintiffs, whose address is P.O. Box 1468, Southaven, MS 38671-1468.

Your response must be mailed or delivered not later than thirty days after the 28th day of July, 2005, which is the date of first publication of this summons. If your response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the complaint.

You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward.

Issued under my hand and the seal of this Court, this the 19th day of July, 2005.

C.W. "Chuck" Thomas

Chancery Clerk of Marshall County

P.O. Box 219

Holly Springs, Mississippi 38635-0219

BY Karen Cook, D.C.

Deputy Clerk

(30-32c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEEíS NOTICE OF SALE

WHEREAS, on June 5, 2000, SHANNON WELLS executed a Deed of Trust to W. Stewart Robison, Trustee for Mid-State Trust (III) a business trust and Jim Walter Homes, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 267, at Pages 903-905, in the office of the Chancery Clerk of Marshall County, Mississippi;

AND WHEREAS, this Deed of Trust was ultimately assigned to Walter Mortgage Company by instrument recorded in Book 86, Pages 758-759 in the Office of the Chancery Clerk aforesaid;

AND WHEREAS, Walter Mortgage Company appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 385, Page 681, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, default having been made in the performance of the conditions and stipulations as set out in the above described Deed of Trust and the said Substituted Trustee having been requested and directed to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the Laws of the State of Mississippi, the dates for publication of this Substituted Trusteeís Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: July 28, August 4, August 11, and August 18, 2005. I will on the 19th day of August, 2005, offer for sale at public outcry and sell during legal hours between the hours of 11:00 A.M. and 4:00 P.M., at the main front door of the Marshall County Courthouse, Holly Springs, Mississippi, for cash to the highest and best bidder, the following described land and property, situated in Marshall County, Mississippi, to-wit:

Beginning at a point 20 feet west of the Northeast Corner of Johnny and Bernice Hurdle 1 acre, more or less, in Section 8, T-2-S, R-3-W, Marshall County, Mississippi; thence South 89E 48' West, 274.00 feet; thence North, along a fence line, 170.70 feet; thence North 89E 48' East 377.67 feet; thence South 1E 14' West, along the West Line of a County Road, 170.70 feet to the point of beginning. Containing 1.50 acres, more or less. Subject to easements and restrictions of record.

 

Title to said property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee, without warranty of any kind whatsoever.

Witness my signature, this, the 21st day of July, 2005.

/s/ Grant M. Fox

Grant M. Fox, Substituted Trustee

FOX & FOX, PA

Post Office Box 797

Tupelo, Mississippi 38802-0797

(662) 844-2068

The South Reporter

Publish: July 28, August 4, August 11, and August 18, 2005

(30-33c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on March 15, 2002, WEST PROPERTIES, LLC, executed a Deed of Trust to William F. Schneller, Trustee, for the benefit of First State Bank, which Deed of Trust is filed for record in Deed of Trust Book 300, at Pages 705-707, 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 First State Bank, appointed and substituted J. Kizer Jones as Trustee therein, by instrument dated February 13, 2004, and duly filed for record February 13, 2004, at 3:26 P.M. in the office of the aforesaid Chancery Clerk in Book 348, at pages 659-660; 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, First State Bank, 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 19th day of August, 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:

 

Lot No. 9 of the Arrington Subdivision of the East Half of Lot No. 298 in Section 6, Township 4, Range 2 West in the City of Holly Springs, Marshall County, Mississippi, being the same land and property conveyed to Pat Ellis Stubbs by Warranty Deed dated August 15, 1985, executed by T.H. Stubbs, Patty Sue Williams Stubbs and Lottie Parker, and recorded in the Office of the Chancery Clerk of Marshall County, Mississippi in land Deed Record Book No. 205, at pages 29-30.

 

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

WITNESS MY SIGNATURE, this, the _____ day of July, 2005.

J. KIZER JONES, SUBSTITUTED TRUSTEE

PUBLISH:

July 28, August 4, August 11, and August 18, 2005.

(30-33c)


 

NOTICE OF TRUSTEE'S SALE OF LAND

Under and by virtue of the authority vested in me as Trustee in that certain Deed of Trust dated August 16, 2001, executed by Richard S. Wilson, unto William F. Schneller as Trustee, to secure an indebtedness therein described to First State Bank, said Deed of Trust being of record in Land Deed of Trust Book 287 pages 151-155 of the land 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 Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on August 19, 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:

 

A tract of land located in the Southwest Quarter of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows, to-wit:

Commence at a steel fence post found at the Southwest corner of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi; run thence North 43ƒ 02' 37" East 1171.01 feet to a point in Colston Road said point being the point of beginning; run thence along said road the following calls: North 07ƒ 37' 41" East 7.32 feet to a point; North 16ƒ 47' 58" East 159.49 feet to a point; North 20ƒ 55' 51" East 42.56 feet to a point; run thence East leaving said road, (passing a 1/2" rebar set on line at 40.00 feet) for a distance of 1813.62 feet to a 1/2" rebar set; run thence South 00ƒ 10' 57" East 199.69 feet to a 1/2" rebar set; run thence West 1876.52 feet to the point of beginning; said point referenced by a 1/2" rebar set at 40.00 feet back on line. Said tract contains 8.47 acres more or less and is identified at Tract 9. Subject to Marshall County Zoning and Subdivision Regulations. Subject to all road and utility right of way and easements.

II

A tract of land located in the Southwest Quarter of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows, to-wit:

Commence at a steel fence post found at the Southwest corner of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi; run thence North 36ƒ 46' 07" East 1566.91 feet to a point in Colston Road, said point being the point of beginning; run thence East 1736.60 feet (passing a 1/2" rebar set at 40.00 feet on line) to a 1/2" rebar set; run thence South 00ƒ 10' 57" East 199.69 feet to a 1/2" rebar set run thence West 1813.62 feet to a point in Colston road; (said point referenced by a 1/2" rebar set at 40.00 feet back on line) run thence North 20ƒ 55' 51" East along said road 213.80 feet to the point of beginning. Said tract contains 8.14 acres more or less and is identified as Tract 10. Subject to Marshall County Zoning and Subdivision regulations. Subject to all road and utility right of way and easements.

III

A tract of land located in the Southwest Quarter of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi; and being more particularly described as follows, to-wit:

Commence at a steel fence post found at the Southwest corner of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi: run thence North 36ƒ 46' 07" East 1566.91 feet to a point in Colston Road, said point being the point of beginning; run thence along said road the following calls: North 20ƒ 55' 51" East 14.59 feet to a point; North 18ƒ 50' 41" East 196.72 feet to a point; run thence North 89ƒ 59' 56" East leaving said road (passing through a 1/2" rebar found on line at 30.00 feet) for a distance of 1667.52 feet to a 1/2" rebar found; run thence South 00ƒ 04' 13" East 157.46 feet to a concrete monument found; run thence South 00ƒ 10' 57" East 42.37 feet to a 1/2" rebar set; run thence West 1736.60 feet to the point of beginning. Said point reference by a 1/2" rebar set at 40.00 feet back on line. Said tract containing 7.80 acres more or less and is identified as Tract 11. Subject to Marshall County Zoning and Subdivision Regulations. Subject to all road and utility right of way and easements.

ALSO KNOWN AS: 296 COLSTON ROAD, HOLLY SPRINGS, MS 38635

PARCEL NUMBER: 87-35-4.04

 

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 Trustee.

WITNESS MY SIGNATURE on this the 26th day of July, 2005.

William F. Schneller, Trustee

Publishing Dates: July 28, August 4, 11, and 18, 2005

(30-33c)


 

 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEEíS NOTICE OF SALE

WHEREAS, on May 18, 2001, CORRINE WOODS executed a Deed of Trust to W. Stewart Robison, Trustee for Mid-State Trust (VII) a business trust and Jim Walter Homes, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 288, at Pages 41-43, in the office of the Chancery Clerk of Marshall County, Mississippi;

AND WHEREAS, this Deed of Trust was ultimately assigned to Mid-State Trust (VII), a business trust, and Walter Mortgage Company by instrument recorded in Book 86, Pages 650-651 in the Office of the Chancery Clerk aforesaid;

AND WHEREAS, Mid-State Trust (VII) a business trust, appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 374, Page 712, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, Walter Mortgage Company appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 384, Page 713, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, default having been made in performance of the conditions and stipulations as set out in the above described Deed of Trust and the said Substituted Trustee having been requested and directed to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the Laws of the State of Mississippi, the dates for publication of this Substituted Trusteeís Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: July 28, August 4, August 11, and August 18, 2005. I will on the 19th day of August, 2005, offer for sale at public outcry and sell during legal hours between the hours of 11:00 A.M. and 4:00 P.M., at the main front door of the Marshall County Courthouse, Holly Springs, Mississippi, for cash to the highest and best bidder, the following described land and property, situated in Marshall County, Mississippi, to-wit:

 

A parcel of land containing 1.01 acres located in the Northeast Quarter of Section 35, Township 4 South, Range 2 West, Marshall County, Mississippi, described as follows: Commencing at an iron rod at the Southeast corner of the Northeast Quarter of said Section 35, thence run North for 147.52 feet to the South Right-of-Way of U.S. Highway Number 178; thence run North 33 degrees 41 minutes 29 seconds West for 1,506.29 feet to an existing 3/8th inch rebar located 0.85 feet South of said Right-of-Way line and the Point of Beginning of the herein described parcel; thence run South 89 degrees 43 minutes 53 seconds West for 362.34 feet to an existing 3/8th inch rebar; thence run North 01 degrees 21 minutes 24 seconds East for 130.69 feet to a set 1/2 inch rebar; thence run North 46 degrees 56 minutes 13 seconds East for 111.10 feet to a set 1/2 inch rebar; thence run South 77 degrees 42 minutes 24 seconds East for 85.12 feet to a set 1/2 inch rebar; thence run South 33 degrees 39 minutes 33 seconds East for 189.69 feet to a set 1/2 inch rebar; thence run North 89 degrees 43 minutes 53 seconds East for 71.38 feet to a set 1/2 inch rebar on the South Right-of-Way line of Highway 178; thence run South 32 degrees 15 minutes 12 seconds East for 34.45 feet to the Point-of-Beginning of the herein described parcel.

Together with a non-exclusive perpetual easement for purposes of ingress and egress 30 feet in width located in the Northeast Quarter of Section 35, Township 4 South, Range 2 West, Marshall County, Mississippi, described as follows: Commencing at an iron rod at the Southeast corner of the Northeast Quarter of said Section 35, thence run North for 147.52 feet to the South Right-of-Way of U.S. Highway Number 178; thence run North 33 degrees 39 minutes 33 seconds West along said Right-of-Way for 1,850.56 feet to a set 1/2 inch rebar and the Point-of-Beginning of the herein described easement; thence leaving said Right-of-Way, run South 46 degrees 56 minutes 13 seconds West for 120.40 feet to a set 1/2 inch rebar; thence run South 77 degrees 42 minutes 24 seconds East for 36.47 feet to a point; thence run North 46 degrees 56 minutes 13 seconds East for 94.70 feet to a point on the South Right-of-Way of Highway 178; thence run North 33 degrees 39 minutes 33 seconds West along said Right-of-Way for 30.41 feet to the Point-of-Beginning.

 

Title to said property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee, without warranty of any kind whatsoever.

Witness my signature, this, the 11th day of July, 2005.

/s/ Grant M. Fox, Substituted Trustee

FOX & FOX, PA

Post Office Box 797

Tupelo, Mississippi 38802-0797

(662) 844-2068

The South Reporter

Publish: July 28, August 4, August 11, and August 18, 2005

(30-33c)


 

 

NOTICE OF SALE OF PERSONAL PROPERTY

WHEREAS, on March 19, 1999, Harold Jeffries and Willette Jeffries, individually and d/b/a Zinndercare Development Center, executed a Security Agreement and UCC-1 Financing Statement, which was filed for record in the Office of the Mississippi Secretary of State on March 25, 1999.

WHEREAS, default having been made in the terms and conditions of said Security Agreement and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Security Agreement and the legal holder, the Northeast Mississippi Planning & Development District, having requested the undersigned to execute this trust and sell said personal property in accordance with the terms of said Security Agreement for the purpose of raising the sums due thereunder, together with attorneyís fees, and expenses of sale.

NOW, THEREFORE, I, Fred C. Permenter, Jr., Representative of Northeast Mississippi Planning & Development District, will on the 26th day of August, 2005, offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 oíclock a.m. and 4:00 oíclock p.m.) at the front door of the County Courthouse in the County of Marshall, Holly Springs, Mississippi, to the highest and best bidder for cash, the following described personal property, to-wit:

1 Kenmore Dish Washer, Serial # 665.1589579

1 Westinghouse Refrigerator, Serial # RT193M

1 Kenmore Chest Freezer, Serial # WB82424230

1 Profile Island Cook Stove, Serial # AL230422Q

1 Conairphone, Serial # Vo1AAuo198

1 Bell South Answering Machine,

Serial # 9805118300

35 Childrenís Chairs

5 Adult Chairs

10 Childrenís tables

4 baby cribs

2 high chairs

1 infant walker

2 file cabinets

3 supply cubbies

2 childrenís cubbies

1 swing set

2 slides

1 sand box

1 see-saw

10 push toys

4 mobiles

 

The undersigned will convey only such title as is vested in him.

IN WITNESS WHEREOF, I hereunto affix my signature, on this the 18th day of July, 2005.

FRED C. PERMENTER, JR.

PUBLISH: 8/3/05; 8/10/05; 8/17/05; and 8/24/05

(30-34c)


 

NOTICE OF PUBLIC HEARING

CORRECTION

The Marshall County Planning Commission will hold a public hearing during their regular scheduled meeting on Thursday, August 11, 2005, at the Marshall County Zoning and Planning Office at 590 Highway 178 East, Holly Springs, Mississippi. The Commission will hear a rezoning request from Williams Land Company. The property (parcel # 247-25-60 and 189-30-67) is located at the corner of Highway 302 and Clark Road (north side of Highway 302) and is presently zoned R-E and C-1. The request for rezoning is as follows: 50 acres to C-2, 45.1 acres to C-1, 55.03 acres to light industrial and approximately 13 acres to R-E. The Commission will make a recommendation to the Marshall County Board of Supervisors in regard to rezoning (the decision to rezone is a decision that is made by the Marshall County Board of Supervisors). The public is cordially invited. Any person may appear before the Commission either in person or by agent, or may file written comments regarding the request with the Administration Official prior to the hearing. Written comments should be submitted no later than August 10, 2005. The Planning Commission meeting is at 2:00 P.M. and the rezoning hearing will be at 3:00 P.M.

For further information you may call 662-252-3663 or visit the Marshall County Zoning Office.

(30c)


 

The Marshall County Planning Commission will meet for their regularly scheduled meeting on Thursday, August 11, 2005, at 2:00 p.m. in the Zoning Office at 590 Old Highway 78-East, Holly Springs, Mississippi. The public is invited to attend.

The following requests will be on the agenda:

ITEM 1: Mrs. Nettie Geeslin at 4726 Tate-Marshall Road is requesting the Marshall County Planning Commission to allow her to place a second dwelling on her property of six (6) acres. If the request is allowed, the dwelling will be for her son, Gary Keith Meredith and his family. The property in question is Lot #13 of Bet Farms Subdivision and zoned R-2

ITEM 2: Mr. Dewitt B. Moseley requests to be allowed to purchase two (2) acres from Mr. Mercer E. Baldwin, Jr., at 62 East Grambling Road (Lot #74 of Mar-Con Farms Subdivision). If the request is allowed, Mr. Moseley plans to place a mobile home on the two (2) acres. The property in question contains approximately 5.5 acres and is zoned R-2.

ITEM 3: Mr. John D. Grantier on behalf of Apostolic Life Center Church requests to be allowed to place a double wide mobile home on the church property at 219 Valley View Road (Lot #9 of Valley View Farms Subdivision). If allowed, the mobile home will be for the pastor to live. The property in question contains approximately three (3) acres and is zoned R-2.

ITEM 4: Williams Land Company requests for rezoning at 3:00 p.m.

ITEM 5: Mr. and Mrs. Harry Wolfe at 224 Duram Road request to be allowed to deed four (4) acres of their property seven (7) acres) to their grandson, Jeremy Jennings. If the request is allowed, Mr. Jennings plans to build a house on the four (4) acres. The property in question is Lot #2 of Forest Hill Farms Subdivision and zoned R-2.

ITEM 6: Mrs. Mollie F. Baker at 2680 Moore Road requests to be allowed to deed two (2) acres of her property (5.17 acres) to Ms. Anna Maria Jamieson. If the request is allowed, Ms. Jamieson will place a double wide mobile home on the two (2) acres for her and her two (2) children. The property in question is Lot #123 of Gaston Farms Subdivision and zoned R-2.

(30c)


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