Thursday, August 4, 2005

Legal Notices

TRUSTEE'S NOTICE OF SALE

WHEREAS, Jeff Abels and wife, Shirley Abels d/b/a Abels Daycare Center, executed a Deed of Trust to James E. Woods, Trustee for Union Planters Bank, National Association, Beneficiary, dated June 28, 1999 and recorded on the 1st day of July, 1999 in Book 253, Page 7 of the Deed of Trust records, Chancery Clerkís Office, Marshall County, Mississippi; and

WHEREAS, this document was signed by Jeff Abels and Shirley Abels, Individually, and Shirley Abels as President of Abels Happy Times Daycare Center, Inc. and Jeff Abels as Vice-President of Abels Happy Times Daycare Center, Inc.; and

WHEREAS, the body of said Deed of Trust indicates that the Grantor was Abels Happy Times Daycare Center, Inc., a Mississippi Corporation; and

WHEREAS, the Chancery Court of Marshall County, Mississippi entered an Order reforming the Deed of Trust recorded at Book 253, Page 7 to properly reflect the Grantor as Jeff Abels and wife, Shirley Abels d/b/a Abels Daycare Center.

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, the holder of said indebtedness, Union Planters Bank, National Association, having requested the undersigned Trustee to execute the Trust and sell the land in accordance with the Deed of Trust.

NOW, THEREFORE, I, James E. Woods, Trustee, under the provisions of and by virtue of the authority conferred upon me in said Deed of Trust, will, on Friday, the 26th day of August, 2005, offer for sale at public outcry and sell, within legal hours, between the hours of 11:00 a.m. and 4:00 p.m., at the South door of the County Courthouse, Marshall County, at Holly Springs, Mississippi, for cash, to the highest and best bidder, the following described land situated in Marshall County, Mississippi, to-wit:

 

A tract of land located in the Northwest Quarter of Section 36, Township 2 South, Range 5 West, Marshall County, Mississippi and being more particularly described as follows, to wit:

 

Commence at a 1 1/2" iron pipe found and accepted as the Northeast corner of Section 36, Township 2 South, Range 5 West, Marshall County, Mississippi, run thence West 2,941.65 feet to a point; run thence South 1,250.69 feet to a 1/2" rebar set on the south right of way line of Mississippi Highway Number 178; said point being the Point of Beginning ; run thence South 12 degrees 44 minutes 09 seconds West 317.68 feet to a 5/8" rebar found; run thence North 70 degrees 00 minutes 00 seconds West 90.38 feet to a 1/2" rebar set; run thence along a curve to the right with a delta angle of 82 degrees 07 minutes 03 seconds having a radius of 30.00 feet and a arc length of 43.00 feet, with a chord bearing and distance of North 28 degrees 56 minutes 12 seconds West 39.41 feet to a 1/2" rebar set; run thence North 11 degrees 41 minutes 18 seconds East 281.98 feet to a 1/2" rebar set on the south right of way line of Mississippi Highway Number 178; run thence along said right of way along a curve to the right with a delta angle of 01 degrees 14 minutes 31 seconds having a radius of 5,587.34 feet and a arc length of 121.12 feet with a chord bearing and distance of South 74 degrees 50 minutes 29 seconds East 121.12 feet to the point of beginning. Said tract containing 0.846 acres more or less. Subject to Marshall County Zoning and Subdivision Regulations. Subject to the Town of Byhalia Zoning and Subdivision Regulations. Subject to all road and utility right of ways and easements of record.

 

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

WITNESS MY SIGNATURE, this the 1st day of August, 2005.

JAMES E. WOODS

TRUSTEE

WATKINS LUDLAM WINTER & STENNIS, P.A.

6897 Crumpler Blvd., Suite 100

Olive Branch, MS 38654

(662) 895-2996

Publish Dates:

August 4, August 11, August 18 and August 25, 2005.

(31-34c)


 

 

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 March 28, 2000, executed by BOBBY RAY BLAIR and wife BRENDA KAY BLAIR, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to GARY BARNETT, G. HEATH BARNETT AND ANITA GRESHAM BARNETT , said Deed of Trust being of record in Land Deed of Trust Book 274 pages 276-278 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 Friday, August 26, 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:

 

Lot 12 of Barnett-Victoria Farms in the Southwest Quarter of Section 27, Town-ship 3 South, Range 4 West, Marshall County, Mississippi and being more particularly described as follows:

Commence at a sand stone found and accepted as the Southwest corner of Section 27, Township 3 South, Range 4 West; thence North 00ƒ 11' East along the centerline of Victoria Road 174.38 feet to a point, said point being the point of beginning; thence North 00ƒ 11' East 259.84 feet; thence South 89ƒ 49' East 1,321.32 feet to a 1/2" re-bar set; thence South 00ƒ 11' West 380.33 feet to a 1/2" re-bar set; thence North 89ƒ 34' 43" West 78.97 feet to a 1/2" re-bar set on the North right-of-way of Hernando Road; thence along said right-of-way the following calls: North 86ƒ23' 23" West 128.63 feet; thence North 81ƒ 55' 20" West 117.94 feet; thence North 80ƒ 50' 41" West 119.15 feet; thence North 82ƒ 10' 37" West 162.94 feet; thence North 88ƒ 25'26" West 212.86 feet; thence South 87ƒ 52' 05" West 275.08 feet; thence South 89ƒ 45' 59" West 43.01 feet; thence North 1ƒ 10' 58" West 29.24 feet; thence South 89ƒ 45' 59" West 70.84 feet; thence North 81ƒ 44' 21" West 29.16 feet; thence North 8ƒ 15' 39" East 15.00 feet; thence North 80ƒ 28' 51" West 90.17 feet to the point of beginning. Said tract containing 9.97 acres, more or less, in the Southwest Quarter of Section 27, Township 3 South, Range 4 West Marshall County, Mississippi. Being a part of the same land and property conveyed to Gary Barnett by Warranty Deed dated May 11, 1993, executed by Charles R. McClatchy, Charles E. McClatchy and David R. McClatchy, and recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Land Deed Record Book No. 252, at pages 211-212.

The land and property herein conveyed is further shown, described and depicted in that certain plat and survey of Barnett-Victoria farms prepared by Donald Jeff Hollingsworth, Registered Professional Land Surveyor, dated December 11, 1996. Said plat being filed for record in Plat File 811B in the office of the Chancery Clerk of Marshall County Mississippi.

INDEXING INSTRUCTIONS: Lot 12 of Barnett-Victoria Farms, containing 9.97 acres, more or less, in the SW1/4 of Sec. 27, T3S, R4W, Marshall County, MS.

SUBJECT TO RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS ON PROPERTY DESCRIBED AS FOLLOWS:

INDEXING: A 0.11 acre, more or less, parcel of land to be used for right-of-way for the proposed State Aid Project No. SAP 47(46); and being located in the Southwest Quarter (SW 1/4) of Section 27, Township 3 South, Range 4 West, in Marshall County, Mississippi, and being more particularly described as follows:

Begin at a point where the west line of Section 27, Township 3 south, Range 4 west, in Marshall County, Mississippi intersects the existing north right-of-way line of a public paved road known as Hernando Road; said point being 46.21 feet north and 1.18 feet west of a 1/2" rebar set at the Southwest Corner of said Section 27; also being 23.47 feet right of and perpendicular to the proposed centerline station 10+88.28 of the proposed State Aid Project No. SAP 47(56); run thence N 01ƒ 27'50" W along said section line for a distance of 262.39 feet to a point; said point being 20.26 feet right of and perpendicular to the proposed centerline station 13+50.65; run thence N88ƒ 12'03" E leaving said section line for a distance of 19.74 feet to a point in the proposed east right-of-way; said point being 40.00 feet right of and perpendicular to the proposed centerline station 13+51.01; run thence S 00ƒ 45'49" E along said proposed east right-of-way and parallel to the proposed centerline for a distance of 266.26 feet to a proposed right-of way marker in a circular curve to the right where the said existing north right-of-way of Hernando Road intersects with the proposed east right-of-way of said project; said proposed right-of-way marker being 40.00 feet right of and perpendicular to the proposed centerline station 10+84.75; run thence along said existing north right-of-way, along said circular curve to the right for an arc length of 16.91 feet to the Point of Beginning and containing 0.11 acres, more or less; said curve having a radius of 572.22 feet, a chord bearing of N 78ƒ 42'38" W, and a chord distance of 16.91 feet.

INDEXING: A 0.02 acre, more or less, parcel of land to be used for a temporary construction easement for the proposed State Aid Project No. SAP 47(56); and also being located in the Southwest Quarter (SW 1/4) of Section 27, Township 3 South, Range 4 West, in Marshall County, Mississippi; and being more particularly described as follows:

Begin at a point located on the proposed east right-of-way of the proposed State Aid Project No. SAP 47(56); said point being 40.00 feet right of and perpendicular to the proposed centerline station 12+00.00; also being 158.14 feet north and 13.86 feet east of a 1/2" rebar set at the Southwest Corner of Section 27, Township 3 South, Range 4 West, in Marshall County, Mississippi; run thence N 00ƒ 45'49" W along said proposed east right-of-way for a distance of 100.00 feet to a point; said point being 40.00 feet right of and perpendicular to the proposed centerline station 13+00.00; run thence N 89ƒ 14'11" E and leaving said east right-of-way for a distance of 10.00 feet to a point; said point being 50.00 feet right of and perpendicular to the proposed centerline station 13+00.00; run thence S 00ƒ 45'49" E for a distance of 100.00 feet to a point; said point being 50.00 feet right of and perpendicular to the proposed centerline station 12+00.00; run thence S 89ƒ 14'11" W perpendicular to the proposed centerline for a distance of 10.00 feet to the Point of Beginning containing 0.02 acre, more or less.

PARCEL NO. 208-27-15

 

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 1st day of August, 2005.

William F. Schneller, Trustee

Publishing Dates: August 4th, 11th, 18th, and 25th, 2005.

(31-34c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE

OF LILLIE REE JEFFRIES BROWN, DECEASED NO. 05-0381A

ELNORA JEFFRIES, ADMINISTRATRIX

SUMMONS IN RULE 81 ACTIONS

TO: UNKNOWN HEIRS OF LILLIE REE JEFFRIES BROWN, whose places of residence and post office addresses are unknown after diligent search and inquiry.

You have been made a Defendant in the suit filed in this Court by Elnora Jeffries, Plaintiff, seeking determination of heirs. You are the only Defendants in this action.

You are summoned to appear and defend against the complaint or petition filed against you in this action at 9:30 o'clock, A.M., on the 23rd day of September, 2005, in the court-room of the Marshall County Courthouse at Holly Springs, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demand-ed in the complaint or petition.

You are not required to file an answer or other pleading, but you may do so if you desire.

Issued under my hand and the seal of said Court, this the day of August, 2005.

C.W. (Chuck) Thomas, CHANCERY CLERK

OF MARSHALL COUNTY, MISSISSIPPI

By , D.C.

Publish: August 4th, August 11th, and August 18th 2005.

Jones & Schneller, PLLC

(31-33c)


 

 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE

OF LILLIE REE JEFFRIES BROWN, DECEASED NO. 05-0381A

ELNORA JEFFRIES, ADMINISTRATRIX

SUMMONS IN RULE 81 ACTIONS

TO: UNKNOWN HEIRS OF LILLIE REE JEFFRIES BROWN, whose places of residence and post office addresses are unknown after diligent search and inquiry.

You have been made a Defendant in the suit filed in this Court by Elnora Jeffries, Plaintiff, seeking determination of heirs. You are the only Defendants in this action.

You are summoned to appear and defend against the complaint or petition filed against you in this action at 9:30 o'clock, A.M., on the 23rd day of September, 2005, in the court-room of the Marshall County Courthouse at Holly Springs, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demand-ed in the complaint or petition.

You are not required to file an answer or other pleading, but you may do so if you desire.

Issued under my hand and the seal of said Court, this the day of August, 2005.

C.W. (Chuck) Thomas, CHANCERY CLERK

OF MARSHALL COUNTY, MISSISSIPPI

By , D.C.

Publish: August 4th, August 11th, and August 18th 2005.

Jones & Schneller, PLLC

(31-33c)


 

 

Notice

The following vehicle and trailer will be sold if not claimed by August 19, 2005, for storage fees: 9-24-81

International Transtar Eagle

IHTD21374CGB10S22

 

1975 Palmer Dump Trailer

ST1060

 

Cornersville Repair Shop

6149 Hwy 349 S

Potts Camp, MS

(28-30p)


 

PUBLIC NOTICE

A public auction will be held Friday, August 19, 2005 at 10:00 a.m. on the premises of Gene Gossett Auto Parts, Inc. 7891 Highway 72, Byhalia, MS 38611 (three miles southeast of Collierville, TN) for the purpose of selling the following vehicles abandoned on our premises. This sale is in accordance with the State of Mississippi ìAbandoned Motor Vehicle Actî Section 63-23-5 ìSale of Vehicle MS Code of 1972 as amended.

1984 tan Buick LeSabre four door

VIN 1G4AP69Y6EH874014

(31-33c)




 

SUBSTITUTE TRUSTEEíS NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on August 17, 2000, George Oscar Heard and Jearlean Heard executed and delivered a certain Deed of Trust unto Professional Services, Trustee for the benefit of Texas Financial Corporation, 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 269, Page 657; and

WHEREAS, said Deed of Trust subsequently assigned unto The Bank of New York, as trustee for the holders of the EQCC Asset Backed Certificates, Series 2001-2, by instrument recorded in the Office of the aforesaid Chancery Clerk in Book 86 at Page 781; and

WHEREAS, the holder of said Deed of Trust substituted and appointed Priority Trustee Services of Mississippi, L.L.C., as Trustee in said Deed of Trust by instrument recorded in the Office of the aforesaid Chancery Clerk in Book 386, Page 240; and

WHEREAS, default having been made in the payments of indebtedness secured by said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on August 31, 2005, I will, during legal hours (between the hours of 11 oí clock a.m. and 4 oí clock p.m.), 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:

 

2.17 Acres, more or less, being Lot No. 1 of Twin Oaks Subdivision, Phase I, recorded in Plat File No. 839 B in the office of the Chancery Clerk of Marshall County, Mississippi, being located in part of the Northeast Quarter and part of the Southeast Quarter of the Northeast Quarter of Section 33, Township 1 South, Range 4 West, Marshall County, Mississippi

 

Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 27th day of July, 2005

/s/ Joel A. Freedman

Priority Trustee Services of Mississippi, L.L.C.

1587 Northeast Expressway

Atlanta, GA 30329

(770) 234-9181

0503928MS

PUBLISH: Aug. 4, Aug. 11, Aug. 18 & Aug. 25, 2005

(31-34c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

NOTICE TO BIDDERS

Please be advised that sealed bids will be received by the 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 10:00 AM, Monday September 12, 2005 and thereafter publicly opened for the purchase of eight (8) Metal benches, four (4) Tables, four (4) grills, four (4) 55 gallon garbage containers, and various playground items as specified on file in the County Administratorís Office.

All bids must be submitted in a sealed envelope addressed to the Marshall County Board of Supervisors and plainly marked on the outside as "Bid for Marshall County C.D.B.G. Project Number 01-047-STEP."

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.

Larry Hall

County Administrator

(31-32c)


 

NOTICE OF SUBSTITUTE TRUSTEEíS SALE

WHEREAS, Douglas F. Rymski did execute a Promissory Note secured by a Deed of Trust, which is filed of record in the office of the Clerk of the Chancery Court of Marshall County, Mississippi, in Book 302 at page 337 as filed on the 10th day of April, 2002.

WHEREAS, the said Deed of Trust provided for Barry C. Blackburn., to be Trustee with Danny Ray Stokes as Beneficiary of said Deed of Trust, and,

WHEREAS, Leslie B. Shumake, Jr., was substituted as Trustee by instrument dated April 20, 2005, and filed in Book 386, Page 781 on July 20, 2005, in the office of the Chancery Court Clerk of Marshall County, Mississippi.

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 holder of said indebtedness having requested the undersigned Substitute Trustee to execute the Trust and sell said land in accordance with the terms of said Deed of Trust, and

WHEREAS, I, Leslie B. Shumake, Jr., Substitute Trustee under the provisions of and by virtue of the authority conferred upon me will on the 26th day of August, 2005, at public outcry, offer for sale and sell, within legal hours, the hereinafter described property at the South front door of the County Courthouse at Holly Springs, County of Marshall, State of Mississippi, to the highest and best bidder for cash, the land lying and being situated in Marshall County, Mississippi, described as follows, to-wit:

 

3.0 acres in Section 15, Township 3 South, Range 5 West, Marshall County, Mississippi; Being Lot Number 11 of Country View Farms Subdivision, a plat of which is recorded in Plat File 608 A And B in the Office of the Chancery Clerk of Marshall County, Mississippi.

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

WITNESS MY SIGNATURE, this the 30th day of July, 2005.

LESLIE B. SHUMAKE, JR.,

Substitute Trustee

(31-34c)


 

SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 19th day of October, 1999, Robert Louis Tucker, Catha Lee Tucker, Husband and Wife, executed and delivered a certain Deed of Trust unto Jeff Surratt, Trustee for Conseco Bank, Inc., 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 257 at Page 716; and

WHEREAS, on the 2nd day of March, 2005, Conseco Bank, Inc., assigned said Deed of Trust unto Green Tree Servicing, LLC FKA Conseco Finance Servicing Corp., by instrument recorded in the office of the aforesaid Chancery Clerk in Book 85 at Page 571; and

WHEREAS, on the 10th 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 377 at Page 378; 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 25th 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:

 

A lot in the East half of Lot 37 of the Hill Subdivision in the City of Holly Springs, on Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi; described as: Commencing at the Northeast corner of that certain 72' x 86' lot which is mortgaged to Bruce Payne, Trustee for Jordan Lumber Company, a copy of said Trust Deed being recorded in Trust Deed Book 56, Page 68 in the Office of the Chancery Clerk of Marshall County, Mississippi and run thence North along the west boundary of Hill Street 107 feet to the point of beginning; run thence West 184 feet to the northwest corner of the Robert Louis Tucker et ux lot; thence Easterly along the center of a ditch and along the north boundary of the Robert Louis Tucker et ux lot to the west boundary of Hill Street; thence South 23 feet to the point of beginning.

Also:

A lot in the East half of Lot 37 of the Hill Subd. in the City of Holly Springs, on Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi; described as:

Commencing at the Northeast corner of that certain 72' x86' lot which is mortgaged to Bruce Payne, Trustee for Jordan Lumber Co., a copy of said Trust Deed being recorded in Trust Deed Book 56, Page 68, in the Office of the Chancery Clerk of Marshall County, Mississippi; and run thence North along the west boundary of Hill Street 130 feet to the Point of Beginning in the center of a ditch; run thence Westerly along the center of said ditch which is the north boundary of the Robert Louis Tucker et ux lot; to the northwest corner of the Robert Louis Tucker lot; thence North 76 feet to a point; thence East 184 feet to a point on the west boundary of Hill Street; thence south along the west boundary of Hill Street 42 feet to the Point Of Beginning.

Being the same property conveyed to Robert Louis Tucker and wife, Catha Lee Tucker by Deed from O.C. Reliford, dated 1-14-74, recorded 1-15-74, in Book 144, Page 305, in the Chancery Clerk's Office of Marshall County, Mississippi. (Also see 115-514)

 

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

WITNESS MY SIGNATURE, this day July 26, 2005

Emily Kaye Courteau

SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

cmh/01-1707

PUBLISH: 8-4-2005, 8-11-2005, 8-18-2005

(31-33c)


 

NORTH CAROLINA, HARNETT COUNTY

IN THE GENERAL COURT OF JUSTICE,

DISTRICT COURT DIVISION

05-CVD-953

Maria Tutor Wheat

Vs.

Mark D. Wheat

NOTICE OF SERVICE BY PROCESS OF PUBLICATION

TO: MARK D. WHEAT, above mentioned Defendant

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is absolute divorce. You are required to make defense to such pleadings no later than the 13th day of September, 2005, said date being 40 days from the first publication of this notice, and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 4th day of August, 2005.

David F. McRae, Attorney for Plaintiff

65 Bain Street, Lillington, NC 27546

(910) 893-5111 Fax # (910) 893-6956

(31-33c)


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