Thursday, September 15, 2005

Legal Notices

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on July 5, 2002, J.M. Ash Woodyard, Inc. and J.M. Ash, 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 307, at Pages 595-597, 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 August 5, 2003, and duly filed for record August 5, 2003, in the office of the aforesaid Chancery Clerk in Book 334, at pages 719-720; 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 Substituted 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, Substituted Trustee in said deed of trust, will on the 7th day of October, 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 South 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:

 

Begin at a point which is 1472.53 feet South 771.22 feet West of the Northeast Corner of Section 31, Township 3 South, Range 2 West, in Marshall County, Mississippi. From said point of beginning, go thence South 00 degrees 08 minutes 38 seconds West a distance of 605.52 feet to a point on the North ROW of the Burlington Northern Railroad; thence go South 51 degrees 28 minutes 34 seconds East a distance of 718.55 feet along said ROW to a point; thence go North 30 degrees 11 minutes 44 seconds East a distance of 155.00 feet; thence go South 89 degrees 41 minutes 04 seconds East a distance of 125.00 feet to a point on the West ROW of West Street; thence go North 00 degrees 59 minutes 12 seconds West a distance of 435.72 feet to a point; thence go South 88 degrees 01 minutes 39 seconds West a distance of 103.50 feet; thence go North 00 degrees 18 minutes 45 seconds East a distance of 74.30 feet; thence go North 89 degrees 00 minutes 48 seconds East a distance of 101.80 feet to the West ROW of West Street; thence go North 00 degrees 59 minutes 12 seconds West a distance of 350.00 feet to a point; thence go South 89 degrees 00 minutes 48 seconds West a distance of 100.00 feet; thence go North 00 degrees 59 minutes 12 seconds West a distance of 80.00 feet to a point on the South line of Ayers property; thence go South 88 degrees 32 minutes 01 seconds West a distance of 647.66 feet to the Point of Beginning and containing 14.73 acres, more or less.

LESS AND EXCEPT:

A 5.081 acre tract of land in the Northeast Quarter of Section 31, Township 3 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows:

Commence at an iron rod found in the centerline of West Street, said point being the Northeast Corner of Section 31, Township 3 South, Range 2 West; thence South 1456.96 feet; thence West 284.84 feet, to a 1/2 inch rebar set on the south property line of Charles Terry, et ux, said point being the POINT OF BEGINNING; thence South 76.06 feet; to a 1/2 inch rebar set on the North edge of a concrete drive; thence along the North and West edge of said concrete drive the following calls South 60 degrees 17 minutes 30 seconds West 35.78 feet, to a 1/2 inch rebar set; thence South 32 degrees 36 minutes 06 seconds West 47.57 feet, to a 1/2 inch rebar set; thence South 6 degrees 51 minutes 15 seconds West 36.35 feet, to a 1/2 inch rebar set; thence South 1 degree 18 minutes 48 seconds East 74.30 feet to a 1/2 inch rebar set; thence South 4 degrees 15 minutes 09 seconds East 97.34 feet along the west edge of said concrete drive to a 1/2 inch rebar set; thence leaving said drive South 88 degrees 19 minutes 09 seconds West 457.82 feet to a 1/2 inch rebar set on the West property line of J.M. Ashís property; thence North 0 degrees 43 minutes 36 seconds East 539.58 feet, along said line to a 1/2 inch rebar found; thence North 89 degrees 27 minutes 10 seconds East 319.60 feet along the north line of said property and a fence line to a 1/2 rebar found; thence South 1 degree 32 minutes 27 seconds West 190.01 feet to a 1/2 inch rebar found; thence North 89 degrees 21 minutes 51 seconds East 188.44 feet to the POINT OF BEGINNING. Said Tract containing 5.081 acres, more or less (221,306 sq.ft.).

ALSO LESS AND EXCEPT:

A 1.389 acre tract as recorded in Land Deed Book 298, page 179-180 in the Northeast Quarter of Section 31, Township 3 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows:

Commence at an iron rod found in the centerline of West Street, said point being the Northeast Corner of Section 31, Township 3 South, Range 2 West; thence South 0 degrees 35 minutes 03 seconds East 1265.62 feet, along the centerline of said street to a cps found; thence South 89 degrees 34 minutes 34 seconds West 481.07 feet to a 1/2 inch rebar found, said point being the Northwest Corner of Charles Terry et uxís property, said point being the POINT OF BEGINNING; thence South 1 degree 32 minutes 27 seconds West 190.01 feet, to a 1/2 inch rebar found; thence South 89 degrees 26 minutes 22 seconds West 316.90 feet to a 1/2 inch rebar found; thence North 0 degrees 43 minutes 36 seconds East 190.00 feet, along a fence line to a 1/2 inch rebar found; thence North 89 degrees 27 minutes 10 seconds East 319.60 feet, along a fence line to the POINT OF BEGINNING. Said Tract containing 1.389 acres, more or less (60,440 sq.ft.)

ALSO LESS AND EXCEPT:

A 1.327 acre tract of land to be used as egress and ingress in the Northeast Quarter of Section 31, Township 3 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows:

Commence at an iron rod found in the centerline of West Street, said point being the Northeast Corner of Section 31, Township 3 South, Range 2 West; thence South 1585.05 feet; thence West 36.37 feet, to the west right-of-way of West Street and the north side of a concrete drive, said point being the POINT OF BEGINNING; thence along the north edge of a concrete drive the following calls South 85 degrees 04 minutes 26 seconds West 35.89 feet, thence North 84 degrees 21 minutes 26 seconds West 14.33 feet, thence North 69 degrees 56 minutes 18 seconds West 16.97 feet; thence North 69 degrees 26 minutes 01 second West 118.78 feet; thence North 75 degrees 50 minutes 40 seconds West 42.33 feet; thence South 82 degrees 05 minutes 55 seconds West 30.55 feet to a 1/2 inch rebar set; thence South 60 degrees 17 minutes 30 seconds West 35.78 feet to a 1/2 inch rebar set; thence South 32 degrees 36 minutes 06 seconds West 47.57 feet to a 1/2 inch rebar set; thence South 6 degrees 51 minutes 15 seconds West 36.35 feet to a 1/2 inch rebar set; thence South 1 degree 18 minutes 48 seconds East 74.30 feet to a 1/2 inch rebar set; thence South 4 degrees 15 minutes 09 seconds East 138.46 feet; thence South 85 degrees 34 minutes 52 seconds East 13.04 feet across said concrete drive to the south side of said concrete drive the following call; thence North 32 degrees 14 minutes 03 seconds East 60.79 feet; thence North 68 degrees 34 minutes 37 seconds East 95.72 feet; thence North 63 degrees 35 minutes 11 seconds East 66.04 feet; thence North 58 degrees 55 minutes 33 seconds East 121.46 feet, to the west right-of-way of West Street; thence North 0 degree 07 minutes 55 seconds West 76.78 feet along said right-of-way to the POINT OF BEGINNING.

ALSO LESS AND EXCEPT:

66 FEET WIDE RAILROAD SPUR INGRESS AND EGRESS EASEMENT:

A 0.858 acre being 66 feet wide 33 feet left and 33 feet right of a rail spur from the south line of a 5.081 acre tract of land to the north right-of-way of the Burlington Northern-Santa Fe Railroad all in the Northeast Quarter of Section 31, Township 3 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows:

Commence at an iron road found in the centerline of West Street, said point being the Northeast Corner of Section 31, Township 3 South, Range 2 West; thence South 1803.18 feet; thence West 503.87 feet, to a point being 33 feet East of the centerline of a railroad spur and the south line of a 5.081 acre tract of land, said point being the POINT OF BEGINNIN; thence South 0 degrees 09 minutes 45 seconds West 248.97 feet; thence along a curve to the left with a delta angle of 31 degrees 45 minutes 37 seconds having a radius of 524.30 feet and an arc length of 290.63 feet, with a chord bearing and distance of South 15 degrees 43 minutes 03 seconds East 286.92 feet; thence along a curve to the left with a delta angle of 18 degrees 26 minutes 17 seconds having a radius of 526.05 feet and an arc length of 169.29 feet with a chord bearing and distance of South 40 degrees 13 minutes 39 seconds East 168.29 feet, to a point of the north right-of-way of the Burlington Northern-Santa Fe Railroad; thence North 50 degrees 53 minutes 36 seconds West 260.05 feet along said railroad right-of-way to a point; thence along a curve to the right with a delta angle of 24 degrees 03 minutes 47 seconds having a radius of 590.30 feet and an arc length of 247.91 feet, with a chord bearing and distance of North 11 degrees 52 minutes 08 seconds West 246.09 feet; thence North 0 degrees 09 minutes 45 seconds East 246.84 feet to the south line of said 5.081 acre tract of land; thence North 88 degrees 19 minutes 09 seconds East 66.04 feet, along said south line to the POINT OF BEGINNING. Said tract containing 0.858 acre, more or less (37,360 sq.ft.).

ALSO, THE FOLLOWING DESCRIBED PERSONAL PROPERTY:

1. Inventory of two woodyards in Holly Springs, Mississippi located at Burlington Northern Railroad and Natchez Trace Railroad.

2. 1984 Loader KB/CTR S/N 13661

3. Front End Loader S/N 16996

4. 1991 Barko KB/CTR Saw S/N 17889

5. 1 Motor Truck 100 Ton Storage & Printer

6. Prentice 4100 Spa Kuncleboom Loader with 6606 Grapple S/N 17889

7. CTR Model 55 Saw S/N 55104

 

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

WITNESS MY SIGNATURE, this, the 9TH day of September, 2005.

J. KIZER JONES, SUBSTITUTED TRUSTEE

PUBLISH:

SEPT. 15, SEPT. 22, SEPT. 29, AND OCT. 6, 2005.

(37-40c)


REQUEST FOR PROPOSAL

TO PROVIDE ENGINEERING SERVICES

This is a Request for Proposals to provide Engineering Services for a Community Development Block Grant ñ Economic Development/Access Road project for the Town of Byhalia.

You are invited to submit a proposal in accordance with this request to: Town of Byhalia, P O Box 348, Byhalia, MS 38611-0348 no later than 5:00 pm on September 27 2005. Proposals shall be marked on the outside as "Proposal for Engineering Services/FY 2005 CDBG-Economic Development Project". Information concerning the proposals may be obtained by calling Wanda Christian at (662) 728-6248, ext 113.

The contract will be awarded to the responsible offeror whose proposal is within the competitive range and determined to be the most advantageous to the Town of Byhalia, price and other factors considered. The factors to be considered in evaluation of proposals and their relative importance are set forth below.

The engineer shall perform all the necessary engineering services to properly carry out the activities in the project, in accordance with State and HUD prescribed rules, regulations, policies, and State law. The project includes the following activities.

A) Prepare plans and specifications for project

B) Construct and distribute bid packets (insuring that all Federal and State requirements

are met in contract preparation).

C) Assist in bid opening and prepare bid tabulation

D) Conduct pre-construction conference with contractor, and staff representatives,

documenting files with minutes of meeting.

E) Conduct work in-progress inspections giving periodic reports to the Town and approving any and all partial payment requests.

The contract will be on a fixed price basis. Those desiring consideration should submit proposals by the time and date above stated and must include the following:

1) Experience and technical expertise-(20 points)

2) Ability to successfully design and oversee CDBG projects. (20 points)

3) Availability of qualified personnel-(20 points)

4) Record of success on similar projects-(20 points)

5) Schedule of time to complete project(s)-(20 points)

All proposals will be rated on the above system to determine the best offeror.

Proposals will be reviewed by the Mayor and Board of Aldermen using the above selection criteria. The Mayor and Board will assign points to each criteria based on the content of the proposal. Negotiations will be conducted to determine a mutually satisfactory contract with the firm receiving the highest accumulated points, as rated by the Board. If a mutually satisfactory contract cannot be negotiated with the firm, the firm will be requested to submit a best and final offer in writing; and if a contract cannot be reached after the best and final offer, negotiations will be initiated with the subsequently listed firm in order of rating. This procedure will be continued until a mutually satisfactory contract has been negotiated. In addition to reaching a fair and reasonable price for the required work, the objective of negotiations will be to reach an agreement on the provisions of the proposed contract including scope and extent of work, and other essential requirements.

The Town reserves the right to reject any and all proposals.

Otis R. Dempsey, Mayor

Town of Byhalia

(37c)


NOTICE OF TRUSTEE'S SALE

WHEREAS, on the 8th day of January, 2004, BOBBIE N. CLAYTON, executed and delivered a land deed of trust to Jennifer L. Shackelford, Trustee for the benefit of BANK OF HOLLY SPRINGS, Beneficiary, which is recorded in Trust Deed Book 347 at page 796, which was given and taken in renewal and extension of that deed of trust dated 27th of April, 2001 and recorded in Trust Deed Book 281, at page 390 all in the office of the Chancery Clerk of Marshall County, Mississippi; 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, BANK OF HOLLY SPRINGS 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 expenses of sale;

NOW, THEREFORE, I, JENNIFER L. SHACKELFORD, as Trustee in said deed of trust will on FRIDAY, the 7th day of October, 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 South front door of the County Courthouse at Holly Springs, Marshall County, Mississippi, the following described property situated in Marshall County, Mississippi, described as:

 

INDEXING: LOT NO TWO (2) IN THE PIPKIN SUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 1 EAST, MARSHALL COUNTY, MISSISSIPPI; being more particularly described as follows:

LOT NO. TWO (2) IN THE PIPKIN SUBDIVISION, as shown by plat originally recorded in Plat Book 13, at page 31, now reindexed and refiled in PLAT FILE 578A, more particularly described as Beginning at the center of the intersection of Mulberry and Pontotoc Street and run 678 feet Northwesterly to a point; thence North 15 feet to the BEGINNING POINT; thence run North 53 degrees 45 minutes East (along the West line of Burris Avenue) a distance of 87 feet to the Southeast corner of Lot No. 1 of the New Pipkin Subdivision (as shown on Plat recorded in Plat File 558B); thence run North 30 degrees West along the South line of said Lot No. 1 of said New Pipkin Subdivision (as shown in Plat File 558B) a distance of 116 feet to the Southwest corner of Lot No. 1 of the New Pipkin Subdivision; thence South 56 degrees West a distance of 66 feet to a point on the North Right-Of-Way of Pontotoc Street; thence in a Southeasterly direction along the North right-of-way of Pontotoc Street a distance of 123 feet back to the Point of Beginning. BEING IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 1 EAST, MARSHALL COUNTY, MISSISSIPPI.

SOURCE DEED: This is the same land and property as conveyed to Bobbie N. Clayton by Warranty Deed from Deborah E. Young, dated September 24, 1999, and recorded in Land Deed Book 304 at page 190 in the office of the Chancery Clerk of Marshall County, Mississippi.

SUBJECT TO: Rights of way and easements for public road and utilities.

SUBJECT TO: Laws, ordinances and regulations which govern the use and occupancy of this land enacted by the United States of America, the State of Mississippi and its political subdivisions, and particularly including the subdivision regulations and zoning ordinances adopted by ordinances of the Board of Supervisors of Marshall County, Mississippi, none of which render title unmarketable.

 

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

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

JENNIFER L. SHACKELFORD, TRUSTEE

(37-40c)


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 June 2, 1998, executed by LARRY HAMER, unto D. ROOK MOORE III 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 237 pages 137- 139, the undersigned was appointed as Substitute Trustee by instrument dated May 11, 2004 recorded in Land Book 355 page 270; Deed of Trust dated September 17, 2002, executed by LARRY HAMER, 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 311 pages 524-529, 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 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, October 7, 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:

 

INDEXING INSTRUCTIONS: 2.80 acres Section 20, Township 4 South, Range 4 West Marshall County, Mississippi

Farm No. 15 of Pigeon Roost Farms Subdivision of Section 20, Township 4 South, Range 4 West, according to plat of said subdivision recorded in Plat File No. 432A of the records of the Clerk of the Chancery Court of Marshall County, MS; containing 2.80 acres , more or less.

SUBJECT TO: Restrictive covenants of Pigeon Roost Subdivision, easements for public roads and utilities and easement to home telephone company recorded in Land Deed Book No. 196, at page 593.

SOURCE DEED: This is the same property conveyed to Larry Lee Hamer by Warranty Deed from Mary L. Woodson dated March 5, 1993 recorded in Land Deed Book No. 253, at page 219.

PARCEL NO: 216-200-3200

INTERESTED PARTIES: Mississippi State Tax Commission

 

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 September, 2005.

William F. Schneller, Substitute Trustee

Publishing Dates: Sept. 15, 22, 29, and Oct. 6, 2005.

(37-40c)


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 4, 1997, executed by Marilyn Jones, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Houck Investments, said Deed of Trust being of record in Land Deed of Trust Book 226 pages 229-231 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, October 7, 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 4 Houckís Rabbit Ridge road Subdivision in Plat Book or Plat File # 824-B as recorded in the office of the Chancery Clerk of the above mentioned County situated in; Section 3, Township 3-S Range 4-W.

 

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 6th day of September 20054.

William F. Schneller, Trustee

Publishing Dates: Sept. 15 , 22, 29 and Oct. 6, 2005.

(37-40c)


NOTICE TO CREDITORS

THE STATE OF MISSISSIPPI

Notice is here given that the undersigned was granted Letters of Administration on the Estate of Valentina Octavia Nistor, deceased, by the Chancery Court of Marshall County, Mississippi, on the 16th day of August, 2005, in Cause No. 05-0252 upon the docket of that Court.

All persons having claims against the Estate of Valentina Octavia Nistor, deceased, shall have the same probated and registered by the Clerk of the Chancery Court of Marshall County, Mississippi, within ninety (90) days from the first publication of this notice, and a failure to probate and register for 90 days will bar the claim.

This the 7th day of September, 2005.

DANIL NISTOR, ADMINISTRATOR

SUMNERS, CARTER & MUELLER, P.A.

112 East Bankhead Street, Suite A

P.O. Drawer 730

New Albany, MS 38652

(662) 534-6326

SOLICITORS

(37-39c)


TRUSTEES NOTICE OF SALE

WHEREAS, on March 15, 2000, Edith Sims, Albert Sims, and Belinda S. Hollowell d/b/a Sims and Hollowell Barbeque, 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 263, page 79-83, in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, on March 15, 2000, Edith Sims, Albert Sims, and Belinda S. Hollowell d/b/a Sims and Hollowell Barbeque, 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 263, pages 84-88 in the Office of the Chancery Clerk of Marshall, County, Mississippi; and

WHEREAS, on March 15, 2000, Edith Sims, Albert Sims, and Belinda S. Hollowell d/b/a Sims and Hollowell Barbeque, 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 263, pages 412-415 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 21st day of October, 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 Southeast Part of Lot 69 located in the City of Holly Springs, Marshall County, Mississippi, on Section 31, Township 3, Range 2 West, described as follows, to-wit:

Begin at a concrete right of way marker on the west line of Mississippi Highway Number 7, said marker being at center line station 13+00, according to the Plan of said Highway, S.P.#7-1240-B(1) Marshall-Benton County, Mississippi, which is on file with the Mississippi Highway Department, Jackson, Mississippi; thence from said Point of Beginning, run South 30 degrees 35 minutes West along highway right-of-way line for a distance of 90.60 feet to a concrete marker; thence run South 83 degrees 57 minutes West along highway right of way line for a distance of 92.85 feet to an iron pipe on an old line fence; thence run North 5 degrees 44 minutes West along an old line fence for a distance of 252.50 feet to an iron pipe corner; thence run South 79 degrees 55 minutes East for a distance of 81.65 feet to an iron pipe corner; thence run North 76 degrees 00 minutes East for a distance of 45.00 feet to an iron pipe on the west line of Mississippi Highway Number 7; thence run South 14 degrees 00 minutes East along the west line of said Highway for a distance of 165.00 feet to the Point of Beginning, and containing 30,962 square feet of 0.710 acre.

This is the same land and property as conveyed to Barry C. Thomas, Sr. and Charles W. Thomas, Sr. by General Warranty Deed executed by Bobby J. Gaines dated January 15, 1988 and recorded in Land Deed Book No. 218, page 717 on January 26, l988 in the Office of the Chancery Clerk 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 8th day of September, 2005.

Fred C. Permenter, Jr.

FRED C. PERMENTER, JR., TRUSTEE

PUBLISH: 9/28/05; 10/5/05; 10/12/05; and 10/19/05

(37-40c)


SUBSTITUTE TRUSTEE'S NOTICE OF SALE

WHEREAS, on June 13, 2000, Cleothy Martin Smith and Ethel Marie Smith executed a Deed of Trust to Scott Colclough, Diane L. Slack as Trustee for the benefit of Fieldstone Mortgage Company, which Deed of Trust was recorded in Trust Deed Book 266 at Page 660 in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, Fieldstone Mortgage Company assigned said Deed of Trust to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corporation, its successors and assigns pursuant to an Assignment of Deed of Trust dated November 22, 2000 and recorded in Power of Attorney Book 66 at Page 459, and then corrected and re-filed in Power of Attorney Book 87 at Page 44 in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corporation, its successors and assigns, the holder of said Deed of Trust and the Note secured thereby, substituted Kenneth E. Stockton as Trustee therein, as authorized by the terms thereof, as evidenced by an instrument dated July 20, 2005, and recorded in Book 389 at Page 208 in the Office of the Chancery Clerk of Marshall County, Mississippi; 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, and the legal holder of said indebtedness, Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corporation, its successors and assigns, having requested the undersigned Substitute 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, Substitute Trustee's fees and expenses of sale.

NOW, THEREFORE, I, Kenneth E. Stockton, Substitute Trustee, will on October 7, 2005, offer for sale at public outcry to the highest bidder for cash, within legal hours (between the hours of 11:00 a.m. and 4:00 p.m.) at the South door of the Marshall County Courthouse in Holly Springs, Mississippi, the following-described property:

 

TRACT I:

Part of the South half of the Northwest Quarter of Section 35, Township 2 South, Range 4 West, Marshall County, Mississippi, more particularly described as follows, To-wit:

Commencing at the Northeast corner of said South half of the Northwest Quarter; thence West a distance of 212.0 feet to the Point of Beginning; thence South a distance of 1320.00 feet; thence West a distance of 165.00 feet; thence North a distance of 1320.00 feet; thence East a distance of 185.00 feet to the Point of Beginning and containing 5.00 acres.

Also, a free and unmolested use and easement of a fifty (50) feet wide road, for ingress and egress as recorded in Deed Book 295 on Pages 393-395 of the Chancery records of Marshall County, Mississippi.

ALSO DESCRIPTION TRACT III:

Part of the South half of the Northwest quarter of Section 35, Township 2 South, Range 4 West, Marshall County, Mississippi. Being Part of tracts 1&2 of the original division of the Johnny E. Gatewood Estate and more particularly described as follows, to-wit:

Commencing at the Northeast corner of said South half of the Northwest Quarter; thence West a distance of 377.00 feet to the Northwest corner of Tract 1 of said Estate Division, said Point Being the POINT OF BEGINNING; thence South along the West line of said Tract 1 a Distance of 372.30 feet; thence South 88 degrees 45 minutes 37 seconds West a Distance of 99.86 feet; thence North a distance of 374.46 feet to the North line of said Gatewood Division; thence East along Said North line of Gatewood Division a distance of 99.84 feet to the Point of Beginning and containing 0.85 acres.

All According to Survey Prepared by Newton E. Land, III, PLS 2501, and being dated February 22, 2000. Also being Tract 3 as outlined on Survey Plat of Newton E. Land, III, Which is attached hereto and incorporated herein by reference.

LESS AND EXCEPT: DESCRIPTION OF TRACT II:

Part of the South Half of the Northwest Quarter of Section 35, Township 2 South, Range 4 West, Marshall County, Mississippi, being part of Tracts 1 & 2 of the original division of the Johnny E. Gatewood Estate and more particularly described as follows, to-wit:

Commencing at the Northeast corner of said South Half of the Northwest Quarter; thence West a distance of 377.00 feet to the Northwest corner of Tract I of said Estate division; thence South along the West line of said Tract I a distance of 360.39 feet to the point of beginning; thence North 42 degrees 25 minutes 06 seconds East a distance of 244.55 feet; thence South 00 degrees 00 minutes 11 seconds West a distance of 312.74 feet; thence South 88 degrees 44 minutes 59 seconds West a distance of 164.98.feet to the West line of said Tract I; thence North along said West line of Tract I a distance of 135.8l feet to the point of beginning and containing 0.85 acres.

 

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

WITNESS my signature on this the 12th day of September, 2005.

/s/ Kenneth E. Stockton

Kenneth E. Stockton

Substitute Trustee

Attorney at Law

5 West Commerce Street

Hernando, Mississippi 38632

THIS DOCUMENT PREPARED BY:

DYKE, HENRY, GOLDSHOLL & WINZERLING, P.L.C.

555 Plaza West - 415 North McKinley

Little Rock, Arkansas 72205

Telephone No. (501) 661-1000

DHG&W No. 24179H

PUBLISH ON THESE DATES:

09/15/05, 09/22/05, 09/29/05, 10/06/05

(37-40c)


SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on the 12th day of November, 1999, Scarine Walker executed a certain Land Deed of Trust to Michael P. Lee, Trustee for the benefit of Centex Home Equity Corporation, which Land Deed of Trust was recorded in the office of the Chancery Clerk of Marshall County, Mississippi and recorded in Deed of Trust Book 259 at page 464 of the land records; and,

WHEREAS, T. Frank Collins has been substituted in the place and stead of Michael P. Lee, Trustee for Centex Home Equity Corporation, said Appointment of Substitute Trustee being recorded in Book 389 at Page 652 of the records of the Chancery Clerk of said County; and,

WHEREAS, fee simple title is vested in Scarine Walker; and, WHEREAS, default having been made in the terms and conditions of said Land Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Land Deed of Trust, the legal holder of said indebtedness, Centex Home Equity Company, LLC, successor by merger to Centex Home Equity Corporation, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said Land 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, T. Frank Collins, Substituted Trustee in said Deed of Trust, will on the 7th day of October, 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, 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:

 

2 acres in the Southeast Quarter of Section 34, Township 4 South, Range 4 West, Marshall County, Mississippi; described as: Commencing at the Southwest Corner of the Wash King 2 acre tract as is described in Land Deed Book 114, Page 36, in the office of the Chancery Clerk of Marshall County; and run thence East along the South boundary of the Wash King 2 acre tract 415 feet to a point; thence South 43 degrees 10 minutes West parallel with the Marianna-Chulahoma Road 210 feet to a point; thence South 85 degrees West parallel with the Wash King South line 415 feet to a point on the Marianna-Chulahoma Road; thence North 43 degrees 10 minutes East along the Southeast right-of-way of said Road 210 feet 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 September, 2005.

T. Frank Collins, Substituted Trustee

Dates of Publication:

09/15; 09/22; 09/29; 10/06/2005

Prepared By and Return To:

T. Frank Collins, Esq.

Collins & Associates, PLLC

One Woodgreen Place, Suite 210

Madison, Mississippi 39110

Telephone: (601) 853-4400

(37-40c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN RE: Estate of

Jefferson Leroy Worley,

Deceased NO. 05-0399 A

NOTICE TO CREDITORS

Letters Testamentary have been granted on the 8th day of September, 2005, by the Chancery Court of Marshall County, Mississippi, to the undersigned, Jennifer Shirleen Mills Worley, Administrator of the Estate of Jefferson Leroy Worley, deceased.

Notice is hereby given to all persons having claims against the estate to present the same to the Clerk of this Court for probate and registration according to law, within 90 days from the first publication of this Notice or they will be forever barred.

DATED this 8th day of September, 2005.

Jennifer Shirleen Mills Worley

Jennifer Shirleen Mills Worley

OF COUNSEL:

Joe McIlvain, Jr.

Joe McIlvain, Jr. #100294

Attorney for the Estate of Jefferson Leroy Worley

6915 Crumpler Blvd. #K

Olive Branch, MS 38654

901/525-5111

(37-39c)


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