Thursday, November 10, 2005

Legal Notices

SUBSTITUTE TRUSTEE'S NOTICE OF SALE

WHEREAS, on April 9, 2003, Jason Allen, executed a Deed of Trust to Professional Services, Trustee for the use and benefit of New Century Mortgage Corporation, which Deed of Trust is on file and of record in the office of the Chancery Clerk of Marshall County, Mississippi, in Deed of Trust Book 325 at Page 172, thereof; and

WHEREAS, said Deed of Trust was assigned to U.S. Bank National Association, as Trustee, by assignment on file and of record in the office of the aforesaid Chancery Clerk in Book 87 at Page 750 thereof; and

WHEREAS, the legal holder of the said Deed of Trust and the note secured thereby, substituted Lem Adams, III, as Trustee therein, as authorized by the terms thereof, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 393 at Page 443, thereof; and

WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said Deed of Trust, and having been requested by the legal holder of the indebtedness secured and described by said Deed of Trust so to do, notice is hereby given that I, Lem Adams, III, Substitute Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale and will sell at public sale and outcry to the highest and best bidder for cash, during the legal hours (between the hours of 11 o'clock a.m. and 4 o'clock p.m.) at the South front door of the County Courthouse of Marshall County, Mississippi, on the 7th day of December, 2005, the following described land and property being the same land and property described in said Deed of Trust, situated in Marshall County, State of Mississippi, to-wit:

 

Lot No. 40, as shown on Plat No. 868B of the Westlake Village Subdivision Phase Three, according to the plat thereof on file in the office of the Chancery Clerk of Marshall County, Mississippi, plat of which was prepared by Elliott and Britt Engineering, Larry L. Britt, Registered Surveyor, No. PLS#2078, PE#7193, dated April 17, 2000, reference to which plat is hereby made in aid of this description and being located in the Northeast Quarter of Section 31, Township 3 South, Range 2 West, in the City of Holly Springs, 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 Substitute Trustee.

WITNESS my signature, on this the 2nd day of November, 2005.

LEM ADAMS, III

SUBSTITUTE TRUSTEE

PREPARED BY: ADAMS & EDENS

Foreclosure Department

POST OFFICE BOX 400

BRANDON, MISSISSIPPI 39043

(601) 825-9508

A&E File #13032

PUBLISH: November 10, 17, 24, December 1, 2005

(45-48c)


 

A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND THE BOARD OF ALDERMEN OF THE TOWN OF BYHALIA, MISSISSIPPI, TO ISSUE GENERAL OBLIGATION BONDS OF SAID TOWN IN THE MAXIMUM PRINCIPAL AMOUNT OF FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) TO RAISE MONEY FOR THE PURPOSE OF PAYING THE COSTS OF MAKING CAPITAL IMPROVEMENTS AND PURCHASING REAL PROPERTY IN THE TOWN AND PAYING THE COST OF SUCH BORROWING; ADJUDICATING NO FUNDS ARE AVAILABLE TO THE TOWN FOR SUCH PURPOSES; ORDERING SAID RESOLUTION TO BE PUBLISHED; AND SETTING THE DATE UPON WHICH THE MAYOR AND BOARD OF ALDERMEN ARE TO TAKE FINAL ACTION UPON THE QUESTION OF AUTHORIZING THE ISSUANCE OF SAID BONDS.

WHEREAS, the Board of Aldermen (the "Governing Authority") of the Town of Byhalia, Mississippi (the "Town"), acting for and on behalf of the Town does hereby find, determine, adjudicate, and declare as follows:

1. That it is necessary and advisable and in the best public interest of the Town and its inhabitants to issue, under the authority contained in Sections 21-33-301 through 21-33-329 (the "Act") of the Mississippi Code of 1972, as amended, (the "Code") general obligation bonds of the Town in the maximum principal amount of Five Hundred Thousand and No/100 Dollars ($500,000.00) to raise money for and toward the Project, as defined herein;

2. That no other funds are available with which to pay the costs of the Project, as defined herein;

3. That the net assessed value of all taxable property within the Town, according to the last completed assessment for taxation, is $13,753,666; that the Town presently has no outstanding bonded indebtedness subject to the fifteen percent (15%) debt limit prescribed by Section 21-33-303 of the Code and no outstanding bonded and floating indebtedness subject to the twenty percent (20%) debt limit prescribed by Section 21-33-303 of the Code (which amount includes the sum set forth above subject to the fifteen percent (15%) debt limit); that the issuance of the bonds hereinafter proposed to be issued, when added to the outstanding bonded indebtedness of the Town will not result in: (a) bonded indebtedness of the Town, exclusive of indebtedness not subject to the aforesaid debt limits, in excess of either fifteen percent (15%) of the assessed value of taxable property within the Town according to the last completed assessment for taxation, or ten percent (10%) of the assessment upon which taxes were levied for its fiscal year ending September 30, 1984, whichever is greater, or (b) bonded and floating indebtedness, exclusive of indebtedness not subject to the aforesaid debt limits, in excess of either twenty percent (20%) of the assessed value of all taxable property within such Town according to the last completed assessment for taxation, or fifteen percent (15%) of the assessment upon which taxes were levied for its fiscal year ending September 30, 1984, whichever is greater; and will not exceed any constitutional or statutory limitation upon indebtedness which may be incurred by the Town; and

4. That any machinery and equipment proposed to be purchased with a part of the proceeds of the bonds shall have an expected useful life in excess of ten (10) years; and

5. That the purposes for which the proposed bonds are to be issued as herein set forth in this resolution are purposes authorized by the Act, and that the Governing Authority is authorized and required to declare the necessity and its intention of borrowing money and issuing the bonds of the Town as evidence of the same.

NOW, THEREFORE, be it resolved by the Mayor and the Board of Aldermen of the Town of Byhalia, Mississippi:

SECTION 1. That the Governing Authority does hereby find, determine and adjudicate that the foregoing premises are true and correct.

SECTION 2. That the Governing Authority does hereby declare its intention to issue general obligation bonds of the Town, under the provisions of the Act, in the maximum principal amount of Five Hundred Thousand and No/100 Dollars ($500,000.00) (the "Bonds") to raise money for the purpose of paying the costs of erecting, repairing, improving and equipping municipal buildings, auditoriums, civic arts centers and community centers, purchasing or constructing, repairing, improving and equipping and providing books for public libraries; establishing sanitary, storm, drainage or sewerage systems, and repairing, improving and extending same; constructing, improving, extending and paving streets, sidewalks, driveways, parkways, walkways or public parking facilities, and purchasing land for any of the foregoing purposes; purchasing machinery and equipment having an expected useful life in excess of ten (10) years; and making other necessary and incidental improvements for the foregoing purposes in the Town of Byhalia, Mississippi, and paying the cost of such borrowing, at a total project cost estimated to be approximately equal to the maximum principal amount of the Bonds authorized herein (the "Project").

SECTION 3. That unless a petition signed by the lesser of 10% or fifteen hundred (1,500) of the qualified electors of said Town, requesting that an election be called on the question of issuing said Bonds, is filed prior to 5:30 p.m. on December 6, 2005, at the office of the Town Clerk of the Town or the meeting of the Governing Authority scheduled for 5:30 p.m. on December 6, 2005, at 161 Highway 309 South, in Byhalia, Mississippi, final approval of the issuance of said Bonds and authority for the issuance of said Bonds shall be given by the Governing Authority at the aforesaid meeting.

SECTION 4. That the Town Clerk of the Town be and is hereby authorized and directed to cause this resolution as adopted to be published in The South Reporter, a newspaper published in the county in which the Town is situated and of general circulation in the Town, and qualified under the provisions of Section 13-3-31 of the Mississippi Code of 1972, as amended. Said resolution shall be published once a week for three consecutive weeks, with the first publication thereof to be made not less than 21 days prior to December 6, 2005, on which date the Governing Authority will take final action on the question of issuance of said Bonds. In addition, the Town Clerk shall post a copy of the resolution for at least twenty-one (21) days next preceding December 6, 2005, at three (3) public places in the Town.

SECTION 5. All previous orders, resolutions or proceedings of this Board regarding the issuance of the Bonds are hereby repealed, rescinded and set aside.

Alderman Carrington moved the adoption of the resolution. Alderman Minor seconded the motion to adopt the resolution, and, the question being put to a roll call vote, the result was as follows:

Alderman Robert E. Carrington Voted: AYE

Alderman Michael E. Hamblin Voted: AYE

Alderman Phil Malone Voted: AYE

Alderman Richard Minor Voted: AYE

Alderman Terry Sawyer Voted: ABSENT

The motion having received the affirmative vote of a majority of the members present, the Mayor of the Town of Byhalia, Mississippi, declared the motion carried and the resolution adopted on this the 1st day of November, 2005.

THE TOWN OF BYHALIA, MISSISSIPPI

/s/O.R. Dempsey

Honorable O.R. Dempsey,

Mayor of the Town of Byhalia

ATTEST:

/s/Anna Adkins

Town Clerk of the Town of Byhalia

Publish: November 10, 17, and 24 and December 1, 2005.

(45-48c)


 

 

ADVERTISEMENT FOR BIDS

Notice is hereby given that the Board of Supervisors for Marshall County, Mississippi will receive sealed bids until 10 Oíclock A.M. on December 12, 2005, for the purchase of the following:

A turnkey computer system upgrade installation that includes a new IBM i5 Series Server to run the Countyís current applications software. The County will continue to utilize Delta Computer Systems applications software. This system must include all hardware, systems software, installation of the RISC version of current applications software and ongoing support for both hardware and system software. The installation of a Windows 2003 Active Directory server is also required.

The Board will consider financing this procurement with a lease purchase agreement. Vendor should therefore quote firm rates for a thirty-six (36) and a sixty (60) month lease purchase agreement for the complete turnkey system.

A copy of the specifications may be obtained by contacting:

Kay Brownlee

Assistant County Administrator

128 East Van Dorn Ave

Holly Springs, MS 38635

Phone: 662-252-7903

Fax: 662-252-0004

These specifications are used as a minimum or equals to.

All bids should be addressed to the Marshall County Board of Supervisors, ATTN: Kay Brownlee, 128 East Van-Dorn Ave, Holly Springs, MS 38635, and clearly marked on the outside envelope:

BID FOR: IBM COMPUTER SYSTEM UPGRADE

TO BE OPENED AT 10 OíCLOCK A.M.

ON DECEMBER 12, 2005.

The lowest and best bid received will be accepted, subject to the provisions of Section 31-7-13 of the Mississippi Code of 1972, Annotated as amended, and the Board reserves the right to reject any and all bids received and to waive informalities.

(45-46c)


 

SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 7th day of September, 2001, Benjamin Davis, executed and delivered a certain Deed of Trust unto Kathryn L. Harris, Trustee for Community Mortgage Corporation, 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 290 at Page 489; and

WHEREAS, on the 14th day of September, 2001 Community Mortgage Corporation, assigned said Deed of Trust unto Chase Manhattan Mortgage Corporation, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 70 at Page 771; and

WHEREAS, on the 17th day of June, 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 330 at Page 785; 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 7th day of December, 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:

Lots 21 and 22, of the Walter Scott Subdivision in Section 36, Township 4 South, Range 2 West, Marshall County, Mississippi; according to the plat of said subdivision filed in Plat File No. 168 B, of the records of the Chancery Court Clerk of Marshall County, Mississippi.

 

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

WITNESS MY SIGNATURE, this day November 2, 2005

John C. Morris, III

SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

jeh/F02-6112

PUBLISH: 11-10-05 / 11-17-05 / 11-24-05 / 12-1-05

(45-48c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN RE: THE MATTER OF THE ESTATE OF

EDWARD LEE GARY, DECEASED

CAUSE NO. 03-0688A

BARBARA T. GARY PETITIONER

RULE 81 SUMMONS

(Summons by Publication)

THE STATE OF MISSISSIPPI

TO: NeKeisha R. Gary, whose address is unknown.

TO: LaCarrie Gary, whose address is unknown.

TO: Markita Gary, whose address is unknown.

TO: Nytavia Gary, whose address is unknown.

TO: Justin Lee Gary, whose address is unknown.

TO: ANY AND ALL UNKNOWN HEIRS OF EDWARD LEE GARY and any and all persons claiming or having a legal or equitable interest in the Estate of Edward Lee Gary, deceased.

You have been made a Defendant in the suit filed in this Court by Barbara T. Gary, Petitioner, seeking Petition for Authority to Settle Doubtful Claims and Petition to Close Estate and Discharge Administratrix. There are no other Defendants other than you in this action.

You are summoned to appear and defend against the complaint or petition filed against you in this action at 9:30 oÇclock A.M. on the 14th day of December, 2005, in the courtroom of the Tippah County Chancery Court at Ripley, Mississippi, and in case of your failure to appear and defend, a judgment will be entered against you for the money or other things demanded in the complain or petition.

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

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

C.W. ìChuck) Thomas

CHANCERY CLERK

BY:Madalynne Ash, D.C.

(45-47c)


 

PUBLIC NOTICE OF SALE

A Massey-Ferguson Tractor Model# 1130 S/N 9B-21631 abandoned on our premises will be sold at Hueyís Farm & Field Service Shop, 291 Robert Ford Road, Waterford, MS on November 30, 2005 at 10:00 a.m. if not claimed and moved before that date by owner

(44-46p)


 

LEGAL NOTICE

I, Rigoberto Aviles, intend to make application for an On-Premise Retailer permit as provided for by the Local Option Alcoholic Beverage Control Laws 67-1-1 et. seq., of the Mississippi Code of 1972, Annotated. If granted such permit, I propose to operate sole owner, under the tradename of Ricoís Mexican Restaurant located at 28 Chase Rd., Byhalia, MS of Marshall County.

The name, title, and address of all owners, partners, officers, and/or major stockholders of the above named business are as follows: Rigoberto Aviles, P.O. Box 28, Byhalia, MS 38611.

This the 3 day of Nov., 2005.

(45-46p)

 


 

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 April 26, 2000, executed by EDGAR LEE MANNING, 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 265 pages 541-843 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, December 2, 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:

 

Commence at the NW Corner of the NE1/4 of S-26, T-4-S, R-2-W, Marshall County, MS; Run thence East 14 chains to the P. O. B.; Run thence South 3 chains; Run thence East 93 ft.; run thence North 408 feet; Run thence West 120 ft.; Run thence South 210 ft.; Run thence East 27 ft. to the P. O. B. All lying and being partly in the NE1/4 of S-26, T-4-S, R-2-W, and partly in the SE1/4 of S-23, T-4-S, R-2-W, Marshall County Ms., and containing 1 acre, more of less.

LESS AND EXCEPT: Any road right of ways of record. Grantor does not assume any liability for unpaid taxes.

This deed is given subject to that certain Deed of Trust from the Grantee herein to the Grantor herein dated the 8th day of February, 1992.

PROPERTY ALSO KNOW AS: 385 Stinson Rd., Potts Camp, MS 38659

PARCEL NUMBER: 097-26-01201

 

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 4th November day of November, 2005.

William F. Schneller, Trustee

Publishing Dates: Nov. 10, 17, 24 and Dec. 1, 2005.

(45-48c)


 

SUBSTITUTE TRUSTEE'S NOTICE OF SALE

WHEREAS, on September 30, 2004, Stanley McInvale executed a Deed of Trust to Gregory S. Graham as Trustee for the benefit of Mortgage Electronic Registration Systems, Inc. as Nominee for Sebring Capital Partners, Limited Partnership, which Deed of Trust was recorded in Book 366, Page 228 in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, Mortgage Electronic Registration Systems, Inc. as nominee for Sebring Capital Partners, Limited Partnership, the holder of said Deed of Trust and the Note secured thereby, substituted J. Kizer Jones as Trustee therein, as authorized by the terms thereof, as evidenced by an instrument dated September 20, 2005, and recorded in Book 394, Page 638 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. as nominee for Sebring Capital Partners, Limited Partnership, 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, J. Kizer Jones, Substitute Trustee, will on December 8, 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:

 

Lot 94, Cooper Road Farms, Phase II, located in Section 22, Township 3 South, Range 5 West, Marshall County, Mississippi, as recorded in Plat File 1005A, in the office of the Chancery Clerk of Marshall County, Mississippi

 

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 4th day of November, 2005.

/s/ J. Kizer Jones

Substitute Trustee

115 Market Street

Holly Springs, Mississippi 38635

Telephone No. (662) 252-3788

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. 32016G

PUBLISH ON THESE DATES:

Nov. 10, 2005, Nov. 17, 2005, Nov. 24, 2005, Dec. 1, 2005

(45-48c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

TRUSTEE'S NOTICE OF SALE

WHEREAS, on December 18, 2001, Terrance L. Moore, Dorothy Moore and Sherri Spencer, executed a Deed of Trust to J. Kizer Jones, Trustee, for the benefit of H.H. Hawks and Robert L. Woods, which Deed of Trust is filed for record in Deed of Trust Book 295, at Pages 79-80, 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 holders of said indebtedness, H.H. Hawks and Robert L. Woods, 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 2ND day of December, 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:

 

Survey of a 22.0 acre tract in the Southeast 1/2 of Section 31, Township 2 South, Range 4 West, and in Section 6, Township 3 South, Range 4 West of Marshall County, Mississippi, being part of the H. H. Hawks and Robert L. Woods 56.55 acre tract as recorded in Warranty Deed Book 313, page 248 also known as Tax Parcel # 199-31-12.05 and being more particularly described as follows: Beginning at a 3/8" re-bar (found) at the Southwest Corner of the Southeast 1/2 of the Southeast 1/2 of said Section 31; Thence South 29 degrees 47 minutes 57 seconds West along the west line of the George Stevens tract (Deed Book 219, page 737) passing a metal post at 491.26 feet and continuing a total distance of 531.26 feet to a point in the centerline of French Road; Thence northwestwardly along the centerline of French Road the following courses, North 52 degrees 53 minutes 25 seconds West 248.14 feet, North 51 degrees 09 minutes 41 seconds West 266.74 feet, North 52 degrees 06 minutes 09 seconds West 169.02 feet, North 53 degrees 56 minutes 38 seconds West 347.39 feet to a point; thence leaving French Road North 36 degrees 14 minutes 14 seconds East passing a metal post (set) at 40 feet and continuing a total distance of 1080.89 feet to a metal post (set); thence Southeastwardly along the Southwest right-of-way of Highway #178 the following courses: South 55 degrees 29 minutes 00 seconds East 60.00 feet to a wood post (found); thence North 34 degrees 31 minutes 00 seconds East 10.00 feet to a wood post (found); thence South 55 degrees 29 minutes 00 seconds East 234.39 feet to a point of curve; thence along a curve to the left with a delta angle of 02 degrees 15 minutes 18 seconds having a radius of 5779.58 feet and a arc length of 227.47 feet, with a chord bearing and distance of South 56 degrees 36 minutes 39 seconds East 227.45 feet to a 1/2 re-bar (found) ; thence leaving the highway right-of-way South 0 degrees 31 minutes 03 seconds East along the West line of Tax Parcel #199-31-14.03 a distance of 752.37 feet to the Point of Beginning, containing 958,445.81 sq. Ft. or 22.0 acres.

Subject to Marshall County Subdivision and Zoning Regulations.

Subject to right-of-way in Highway #178 and French Road.

Subject to any easements for utilities.

All according to survey prepared by Thomas W. King, Jr., Land Surveyor, No. 1813, dated November 28, 2001.

 

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

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

/S/J. KIZER JONES, TRUSTEE

PUBLISH: NOV. 10, NOV. 17, NOV. 24 AND DEC. 1, 2005.

(45-48c)


 

TRUSTEE'S NOTICE OF SALE

WHEREAS, on February 8, 2005, E. M. Radcliffe, President, for and on behalf of DELTA AG., LTD., an Arkansas corporation, executed a Purchase Money Land Deed of Trust to Lynn A. Gardner, Trustee for the benefit of MURFF-WIGGS PARTNERSHIP, a Tennessee general partnership, said Purchase Money Land Deed of Trust was recorded in Real Estate Trust Deed Book 377, Page 379-392, in the office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, default having been made in the terms and conditions of said Purchase Money 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 Purchase Money Land Deed of Trust, and the holder of said indebtedness having requested the undersigned Trustee to execute the trust and sell said land in accordance with the terms of the Purchase Money Land Deed of Trust.

NOW, THEREFORE, I, Lynn A. Gardner, Trustee, under the provisions of and by virtue of the authority conferred upon me in said Purchase Money Land Deed of Trust, will on Friday, the 2nd day of December, 2005, offer for sale at public outcry and sell, within legal hours at the south front door of the Marshall County Courthouse in Holly Springs, Mississippi, to the highest and best bidder for cash, the land lying and being situated in Marshall County, Mississippi, described as follows, to-wit:

 

TRACT 1

A 827.02, more or less, acre tract of land being located in the East Half (E 1/2) of the Northeast Quarter (NE 1/2) of Section Thirty-One (31), Section Thirty-Two (32), the Northwest Quarter (NW 1/2) and the South Half (S 1/2) of Section Thirty-Three (33), Township One (1) South, Range Four (4) West and the Northwest Quarter (NW 1/4) of Section Five (5), Township Two (2) South, Range Four (4) West of the Chickasaw Meridian, Marshall County, Mississippi and being more particularly described as follows:

Beginning at the Southwest corner of Section Thirty-Two (32), Township One (1) South, Range Four (4) West of the Chickasaw Meridian, said corner being a point in Dogwood Road (also known as Mount Pleasant and Hernando Road) (No recorded right of way found) and Barringer Road (No recorded right of way found); thence along said Barringer Road the following calls, North 00 degrees 19 minutes 43 seconds East, a distance of 2,723.85 feet to a point; thence North 17 degrees 42 minutes 11 seconds West, a distance of 251.52 feet to a point; thence North 08 degrees 38 minutes 17 seconds West, a distance of 197.67 feet to a point; thence North 01 degrees 18 minutes 40 seconds East, a distance of 279.76 feet to a point; thence North 00 degrees 59 minutes 59 seconds East, a distance of 1,213.04 feet to a point; thence North 00 degrees 49 minutes 23 seconds East, a distance of 160.62 feet to a point in the South right of way line of Goodman Road (also known as Highway 302) (Right of way varies); thence along said right of way line the following calls, South 89 degrees 27 minutes 57 seconds East, a distance of 38.40 feet to a 1/2" iron pipe (set); thence North 09 degrees 51 minutes 03 seconds East, a distance of 301.58 feet to a 1/2" iron pipe (set); thence North 62 degrees 32 minutes 38 seconds East, a distance of 124.32 feet to a concrete right of way monument (found); thence South 87 degrees 29 minutes 06 seconds East, a distance of 500.79 feet to a concrete right of way monument (found); thence South 80 degrees 23 minutes 28 seconds East, a distance of 201.46 feet to a concrete right of way monument (found); thence North 85 degrees 31 minutes 27 seconds East, a distance of 202.24 feet to a 1/2" iron pipe (set); thence South 87 degrees 27 minutes 57 seconds East a distance of 470.85 feet to a 1/2" iron pipe (set); thence South 87 degrees 27 minutes 57 seconds East, a distance of 230.40 feet to a 1/2" iron pipe (set); thence South 88 degrees 05 minutes 57 seconds East, a distance of 50.27 feet to a 1/2" iron pipe (set); thence South 89 degrees 12 minutes 57 seconds East, a distance of 854.59 feet to a 1/2" iron pipe (set); thence South 78 degrees 56 minutes 03 seconds East, a distance of 102.03 feet to a concrete right of way monument (found); thence North 89 degrees 07 minutes 58 seconds East, a distance of 201.86 feet to a 1/2" iron pipe (set); thence North 77 degrees 36 minutes 03 seconds East, a distance of 102.56 feet to a 1/2" iron pipe (set); thence North 88 degrees 50 minutes 31 seconds East, a distance of 97.74 feet to a 1/2" iron pipe (set); thence South 84 degrees 54 minutes 17 seconds East, a distance of 205.50 feet to a 1/2" iron pipe (set); thence North 87 degrees 45 minutes 03 seconds East, a distance of 176.14 feet to a 1/2" iron pipe (set); thence North 87 degrees 28 minutes 03 seconds East, a distance of 50.33 feet to a 1/2" iron pipe (set); thence South 76 degrees 58 minutes 57 seconds East, a distance of 183.29 feet to a 1/2" iron pipe (set); thence North 86 degrees 49 minutes 40 seconds East, a distance of 201.06 feet to a concrete right of way monument (found); thence North 73 degrees 02 minutes 40 seconds East, a distance of 240.74 feet to a concrete right of way monument (found); thence North 84 degrees 13 minutes 13 seconds East, a distance of 669.00 feet to a 1/2" iron pipe (set); thence North 85 degrees 35 minutes 24 seconds East, a distance of 299.35 feet to a concrete right of way monument (found); thence South 61 degrees 19 minutes 37 seconds East, a distance of 131.57 feet to a concrete right of way monument (found); thence South 05 degrees 16 minutes 11 seconds East, a distance of 200.12 feet to a 1/2" iron pipe (set); thence South 89 degrees 56 minutes 57 seconds East, a distance of 80.00 feet to a 1/2" iron pipe (set); thence North 11 degrees 22 minutes 03 seconds East, a distance of 101.98 feet to a 1/2" iron pipe (set); thence North 00 degrees 03 minutes 03 seconds East, a distance of 100.00 feet to a 1/2" iron pipe (set); thence North 37 degrees 44 minutes 26 seconds East, a distance of 105.89 feet to a concrete right of way monument (found); thence South 88 degrees 14 minutes 02 seconds East, a distance of 201.39 feet to a 1/2" iron pipe (set); thence South 83 degrees 34 minutes 46 seconds East, a distance of 406.90 feet to a 1/2" iron pipe (set); thence North 78 degrees 46 minutes 03 seconds East, a distance of 604.67 feet to a 1/2" iron pipe (set); thence North 85 degrees 53 minutes 03 seconds East, a distance of 425.00 feet to a 1/2" iron pipe (set); thence North 85 degrees 53 minutes 03 seconds East, a distance of 50.00 feet to a 1/2" iron pipe (set); thence North 85 degrees 53 minutes 03 seconds East, a distance of 192.86 feet to a 1/2" iron pipe (set); thence departing said right of way line South 00 degrees 05 minutes 40 seconds West, a distance of 2,621.54 feet to a point; thence North 89 degrees 36 minutes 43 seconds East, a distance of 660.00 feet to a point; thence South 00 degrees 24 minutes 42 seconds East, a distance of 807.83 feet to a point; thence South 89 degrees 36 minutes 43 seconds West, a distance of 363.00 feet to a point; thence South 00 degrees 23 minutes 17 seconds East, a distance of 431.30 feet to a point in the center line of Dogwood Road, said point being referenced by a 1/2" iron pipe (set) 50.00 feet North; thence along said center line the following calls, South 70 degrees 30 minutes 50 seconds West, a distance of 48.49 feet to a point; thence South 67 degrees 10 minutes 59 seconds West, a distance of 462.29 feet to a point; thence South 63 degrees 49 minutes 11 seconds West, a distance of 243.27 feet to a point; thence South 66 degrees 41 minutes 40 seconds West, a distance of 407.83 feet to a point; thence South 68 degrees 32 minutes 39 seconds West, a distance of 365.51 feet to a point; thence South 66 degrees 18 minutes 01 seconds West, a distance of 226.80 feet to a point; thence South 66 degrees 58 minutes 11 seconds West, a distance of 427.63 feet to a point; thence South 66 degrees 46 minutes 21 seconds West, a distance of 389.12 feet to a point; thence South 69 degrees 09 minutes 58 seconds West, a distance of 176.65 feet to a point; thence South 72 degrees 12 minutes 08 seconds West, a distance of 205.13 feet to a point; thence South 73 degrees 05 minutes 38 seconds West, a distance of 115.60 feet to a point; thence South 74 degrees 09 minutes 24 seconds West, a distance of 582.74 feet to a point; thence South 77 degrees 52 minutes 12 seconds West, a distance of 181.60 feet to a point; thence South 81 degrees 25 minutes 41 seconds West, a distance of 113.84 feet to a point; thence south 82 degrees 08 minutes 31 seconds West, a distance of 262.71 feet to a point; thence South 84 degrees 07 minutes 26 seconds West, a distance of 56.69 feet to a point; thence South 88 degrees 59 minutes 28 seconds West, a distance of 2453.37 feet to a point; thence departing said center line, North 00 degrees 49 minutes 14 seconds West, a distance of 42.39 feet to a 1/2" iron pipe (set); thence South 89 degrees 10 minutes 46 seconds West, a distance of 915.00 feet to a 1/2" iron pipe (set); thence South 00 degrees 49 minutes 14 seconds East, a distance of 45.39 feet to a point in the center line of Dogwood Road; thence along said center line, South 88 degrees 59 minutes 28 seconds West, a distance of 245.29 feet to the point of beginning containing 827.02, more or less, acres and being subject to all codes, covenants, easements, revisions, restrictions, regulations, and rights of way of record.

Indexing Instructions:

All or a portion of the following quarter quarter sections:

1. NE 1/4 of the NE 1/4 of Section 31

2. SE 1/4 of the NE 1/4 of Section 31;

3. All quarter quarter sections of Section 32;

4. NW 1/4 of the NW 1/4 of Section 33;

5. NE 1/4 of the NW 1/4;

6. SE 1/4 of the NW 1/4;

7. SW 1/4 of the NE 1/4, all of Section 33;

8. All quarter quarter sections of the S 1/2 of Section 33;

All of the above being in Township 1 South, Range 4 West;

9. NW 1/4 of the NW 1/4 of Section 5, Township 2, Range 4;

10. NE 1/4 of the NW 1/4 of Section 5, Township 2 South, Range 4 West

All in Marshall County, Mississippi.

 

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

WITNESS my signature, this the 2nd day of November, 2005.

s/ Lynn A. Gardner, Trustee

LYNN A. GARDNER, TRUSTEE

PUBLISH: Nov. 10, Nov. 17, Nov. 24, and Dec. 1, 2005.

(45-48c)


 

IN THE CHANCERY COURT OF

BENTON COUNTY, MISSISSIPPI

WANDA WYNETTE BILLS PLAINTIFF

VS. CAUSE NO. 01-0125A

DERRICK DWANE OLIVER DEFENDANT

SUMMONS IN RULE 81 ACTIONS

TO: Derrick Dwane Oliver, whose residence address is 1665 Hernando Road, Holly Springs, Ms 38635

You have been made a Defendant in the suit filed in this Court by Wanda Wynette Bills, Plaintiff, seeking Complaint for Contempt.

You are summoned to appear and defend against the complaint or petition filed against you in this action at 9 o'clock, A.M., on the 15 day of November, 2005, in the courtroom 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 demanded 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 26th day of October, 2005.

MARK ORMAN CHANCERY CLERK

OF BENTON COUNTY, MISSISSIPPI

By Carlie Wilson, D.C.

Publish: Nov. 10, Nov. 17, and Nov. 24, 2005.

(45-47c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

DEUTSCHE BANK NATIONAL TRUST COMPANY

f/k/a Bankers Trust Company of California, N.A.,

as Trustee for Long Beach Mortgage Loan Trust 2001-3 PLAINTIFF

VS. CAUSE NO. 05-0530

KAY PRESSGROVE and

John C. Underwood, Jr.,

in his capacity as Substituted Trustee

under Deed of Trust DEFENDANTS

SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI

To: Kay Pressgrove

Last known address of

134 Kings Mountain Drive

Byhalia, MS 38611

You have been made a Defendant in the suit filed in this Court by Deutsche Bank National Trust Company f,/k/a Bankers Trust Company of California, N.A. as Trustee for Long Beach Mortgage Loan Trust 2001-3, seeking to reform the Deed of Trust by reforming legal the description to add the mobile home situated on the subject property as real property, executed by Defendant, Kay Pressgrove. Defendants other than yourself us John C. Underwood, Jr., in his capacity as Substituted Trustee under Deed of Trust.

You are required to mail or hand deliver a written response to the Complaint filed against you in this action to Brett F. McCall, Attorney for the Plaintiff, whose post office and street address is Underwood Law Firm, 340 Edgewood Terrace Drive, Jackson, MS 39206.

YOUR RESPONSE MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY (30) DAYS AFTER THE 10th DAY OF NOVEMBER, 2005, WHICH IS THE DATE OF THE 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 THE 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 seal of said Court, this 28th day of Oct., 2005.

 

C.W. ìChuckî Thomas

Chancery Clerk of Marshall County, Mississippi

By Madalynne Ash

Deputy Clerk

PUBLISH THREE TIMES

November 10, 17 and 24, 2005

(45-47c)


 

 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

CURINE S. OLIVER PLAINTIFF

VS. CAUSE NO. 2005-0566-R

UNKNOWN HEIRS OF ORA LEE SCOTT,

UNKNOWN HEIRS OF J.B. SCOTT, AND

ANY AND ALL PERSONS HAVING OR CLAIMING

ANY EQUITABLE RIGHT, TITLE, CLAIM AND INTEREST

IN THE SUBJECT PROPERTY DESCRIBED HEREIN

DEFENDANTS

RULE 81 SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI

TO:

Unknown heirs at law of Ora Lee Scott, whose names, places of residence and post office addresses are unknown after diligent search and inquiry;

Unknown heirs at law of J.B. Scott, whose names, places of residence and post office addresses are unknown after diligent search and inquiry;

All persons having or claiming any equitable right, title, claim or interest in the subject properties described herein.

The properties which are the subject matter of this Complaint are located and situated in Marshall County, Mississippi, and are described as follows:

 

Lot No. 2 of the Roscoe Brown Subdivision of the Southeast Quarter of Section 31, Township 3, Range 2 West, as shown in the plat of the said Roscoe Brown Subdivision or record in Marshall County, Mississippi, in the office of the Chancery Clerk. The said lot being 80 feet North and South and 100 feet East and West as shown in said plat of the said Subdivision.

AND

Commence at the Northwest corner of the Northeast Quarter of Section 31, Township 3, Range 2 West, Marshall County, Mississippi. Run thence North 84 degrees 0 minutes East 228.5 feet to a point; thence South 37 degrees 30 minutes West 31 feet to the Point of Beginning for this survey; run thence South 74 degrees 30 minutes East 104 feet to a point on the West boundary of Brown Street; thence North 37 degrees 30 minutes East 42.6 feet to a point; thence North 76 degrees 30 minutes West 33.3 feet to a point; thence South 81 degrees 45 minutes West 89.1 feet to the Point of Beginning, containing .06 acres, more or less.

 

You have been made a Defendant in the Complaint filed in this Court by Curine S. Oliver, seeking to determine heirs of Ora Lee Scott, J. B. Scott, to reform Warranty Deed recorded in Land Deed Book 98, Page 430, in the office of the Chancery Clerk of Marshall County, Mississippi, and to confirm title.

You are summoned to appear and defend against the Complaint filed against you in this action at 9:30 o'clock A.M., on the 15th day of December, 2005, in the Chancery Courtroom of the Benton County Courthouse Complex at Ashland, Mississippi, and in case of your failure to appear and defend, a judgment will be entered against you for the money or other things demanded in the Complaint.

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 1st day of November, 2005.

C.W. "Chuck Thomas

P.O. Box 219

Holly Springs, MS 38635

C. W. "CHUCK" THOMAS, CLERK

By: Karen Cook, D.C.

JENNIFER L. SHACKELFORD, MSB NO. 10840

P.O. BOX 130

POTTS CAMP, MS 38659

TEL. 662-333-9009

ATTORNEY FOR PLAINTIFF

(45-47c)


 

TRUSTEE'S NOTICE OF SALE

WHEREAS, on August 30, 2001, Nellie M. Sharp, executed a Deed of Trust to Lem Adams III, Trustee for the use and benefit of Option One Mortgage Corporation, which Deed of Trust is on file and of record in the office of the Chancery Clerk of Marshall County, Mississippi, in Deed of Trust Book 288 at Page 215, thereof; and

WHEREAS, said Deed of Trust was assigned to Wells Fargo Bank Minnesota, N.A., as Trustee, by assignment on file and of record in the office of the aforesaid Chancery Clerk in PA Book 74 at Page 681 thereof; and

WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said Deed of Trust, and having been requested by the legal holder of the indebtedness secured and described by said Deed of Trust so to do, notice is hereby given that I, Lem Adams, III, Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale and will sell at public sale and outcry to the highest and best bidder for cash, during the legal hours (between the hours of 11 o'clock a.m. and 4 o'clock p.m.) at the South front door of the County Courthouse of Marshall County, Mississippi, on the 7th day of December, 2005, the following described land and property being the same land and property described in said Deed of Trust, situated in Marshall County, State of Mississippi, to-wit:

 

Lot #2 of the "Flick" Ash Subdivision as shown on the plat thereof recorded in Plat Book 13 at Page 21 thereof of the records of the Office of the Chancery Clerk of Marshall County, Mississippi, direct reference to which is hereby made, and being located in Section 16, Township 5 South, Range 1 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 Trustee.

WITNESS my signature, on this the 31st day of October, 2005.

LEM ADAMS, III

TRUSTEE

PREPARED BY: ADAMS & EDENS

Foreclosure Department

POST OFFICE BOX 400

BRANDON, MISSISSIPPI 39043

(601) 825-9508

A&E File #13266

PUBLISH: November 10, 17, 24, December 1, 2005

(45-48c)


 

 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

HAMP STEVENSON, TESTATOR

VS. CAUSE NO: 05-0472

ROBERT LEWIS, EXECUTOR

NOTICE TO CREDITORS

Letters Testamentary were granted to the undersigned on the Estate of Hamp Stevenson, Deceased, by the Chancery Court of Marshall County, Mississippi, on October 31, 2005, and 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 within ninety (90) days from the date this notice is first published, or they will be forever barred.

Witness my signature this the 4th day of November, 2005.

ROBERT LEWIS, EXECUTOR

JAMES E. WOODS, MSB#7386

WATKINS LUDLAM WINTER & STENNIS, P.A.

P.O. Box 1456

6897 Crumpler Blvd., Suite 100

Olive Branch, MS 38654

(662) 895-2996

Solicitors for the Estate of

Hamp Stevenson

(45-47c)


 

 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATER OF THE ADOPTION

OF CALEB MATTHEW BYRD,

a minor, by and through his natural

grandparents and as next friends,

BONNIE JANE BYRD and TOMMY

BYRD, Husband and wife,

vs. Cause No: 05-A-0010

EX PARTE.

SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI:

TO: TED MATTHEW SUMMERFORD, whose present residence, physical address or post office box are unknown to Petitioners herein after diligent search and inquiry thereof.

You have been made named as a respondent in the suite filed in this Court by Bonnie Jane Byrd and Tommy Byrd, seeking to adopt Caleb Matthew Byrd.

The action above-captioned is one described by Rule 81(d)(1), MRCP, which is triable 30 days after completion of service of process in any manner other than by publication, or 30 days after the first publication where process is by publication.

Your response must be mailed or delivered not later than thirty (30) days after the 10th of November, 2005, which is the date of the 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 petition.

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 said Court, on this 4th day of November, 2005.

C.W. "CHUCK" THOMAS

Chancery Court Clerk

By: Madalynne Ash, D.C.

(45-47c)


 

NOTICE TO BIDDERS

Sealed proposals for two (2) 80 PTO HP TRACTORS with SEVERE DUTY MOWERS ASSEMBLE on tractors (one 4-wheel drive and one 2-wheel drive) will be received by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, in the Office of Clerk of said City at 160 South Memphis Street, in Holly Springs, Mississippi, until the hour of 5:30 p.m. local time, December 6, 2005 at which time on said date all bids shall be publicly opened and read aloud in the board room of said Mayor and Board of Aldermen.

No bidder may withdraw a bid submitted for a period of thirty (30) days after the date of opening such bids. The City of Holly Springs reserves the right to reject any and all bids and to waive any informalities therein.

A list of specifications is on file at the Office of the Holly Springs City Clerk, 160 South Memphis Street, Holly Springs, MS 38635, and may be obtained thereof.

So ordered by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, on the 1st day of November 2005.

Andreí DeBerry

Andreí DeBerry, Mayor

Constance Mason

Constance Mason, Deputy City Clerk

Publication Dates: November 10, 17 and 24, 2005

(45-47c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

NOTICE TO BIDDERS

Notice is hereby given that the Board of Supervisors of Marshal County, Mississippi, will receive written sealed bids until 10:00 A.M. on December 12, 2005 for the purchase and or lease purchase of one (1) or more new Tractor to pull dump trailer.

Instruction to Bidders:

1. No responsibility will be attached to any person employed by the Board of Supervisors, Marshall County, Mississippi for the premature opening of any bid not properly addressed and identified as stipulated below:

BID FOR: New Truck Tractor

Opening Date/Time: December 12, 2005 10:00 A.M

2. All equipment/trucks offered in the bid must be new and in unused condition. Only 2006 or 2007 models will be considered.

3. Any exceptions to the specifications must be listed in the Bidders bid with justification. Failure to do so will disqualify the bid.

4. Price bid shall be for F.O.B. Marshall County, Mississippi, and must include any pre-delivery and/or setup charges, title fees and inspection fees.

5. The Bidder shall complete the unit price bid with no further calculations required in order to determine the firm unit price.

6. Bid must be signed and dated by the Bidders Authorized Agent.

7. All bids must state manufactures warranty.

8. All bids must state approximate delivery time.

9. Location for parts and service must be included in the bid and will be a factor in determining the best bid.

10. All bids must include a municipal lease purchase quote with terms of three (3), four (4), and five (5) years annual payments in arrears. Lease must not have an early pay off penalty clause.

11. All bids must offer a guaranteed buy back provision at the end of three (3), four (4) and five (5) years. All Bidders must list any conditions and/or limitations to their buy back offer. Pricing guarantees from outside sources/ Auction Companies may also be solicited and be made a part of this bid process. The buy back offer and/or pricing guarantee from the Auction Company (s) may be a factor in determining the lowest and best bid.

12. It shall be incumbent upon each Bidder to understand the specifications on the bid form and to obtain clarification when necessary. It is not the intent of the specifications to limit the bidding process to any make or manufacturer, but to fill a specific need and to perform a specific task.

13. The Board of Supervisors of Marshall County, Mississippi reserves the right to determine which is the lowest and best bid and to accept or reject any or all bids based on that determination.

14. Questions per the above should be directed to Larry Hall at 662-252-7903.

Larry Hall

County Administrator

(44-45c)


 

 

There came on for consideration the matter of issuing special obligation, negotiable, interest-bearing combined waterworks and sewer system revenue bonds of the City of Holly Springs, Mississippi, and after a discussion of the subject matter, Alderman Hayes offered and moved the adoption of the following resolution:

 

A resolution declaring the intention of the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, to issue Combined Waterworks and Sewer System Revenue Bonds of said municipality in the maximum principal amount of five hundred ninety-four thousand eight hundred thirty dollars ($594,830) to raise money for improvements, repairs and extensions to the combined Waterworks and Sewer System of said municipality, consisting primarily of improvements, repairs and extensions to the sewage and sewage disposal facilities of said system.

 

Whereas, the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi (the "Governing Body" of the "Municipality"), acting for and on behalf of the Municipality, hereby finds, determines, adjudicates and declares as follows:

 

1. The waterworks, water supply, sewage, and sewage disposal facilities of the Municipality have heretofore been combined and are operated as a combined system known as the combined waterworks and sewage system of the Municipality (the "System").

2. It is necessary and advisable and in the best interest of the Municipality and its inhabitants to issue combined waterworks and sewer system revenue bonds of the Municipality in the maximum principal amount of five hundred ninety-four thousand eight hundred thirty dollars ($594,830) to raise money for improvements, repairs and extensions to the System, consisting primarily of improvements, repairs and extensions to the sewage disposal facilities of the System (the "Authorized Purpose"), for which purpose there are no other available funds on hand.

3. The Governing Body has employed Elliott & Britt Engineering/P.A. Oxford, Mississippi, a competent engineering firm, to study the System, determine the nature and extent of the improvements, repairs and extensions necessary thereto, and make an estimate of the cost thereof.

4. Said engineers have determined the nature and extent of the necessary improvements, repairs and extensions to the System and have made an estimate of the cost thereof, which estimate is the aggregate amount of One Million Forty-Four Thousand Eight Hundred Thirty Dollars ($1,044,830).

5. Said improvements, repairs and extensions are necessary, are economically feasible and would be in the public interest and of benefit to the Municipality, and the findings of said engineers are hereby adopted, including the estimate of the costs of said improvements, repairs and extensions.

6. Under the provisions of Sections 21-27-11 through 21-27-69, Mississippi Code of 1972 (the "Act"), the Municipality is authorized to make such improvements, repairs and extensions and to provide for the payment of the costs thereof, or any portion of such costs, by and through the issuance of bonds, the principal and interest of and on which shall be payable from the revenues of the System.

7. The Municipality reasonably expects that it will incur expenditures for the aforesaid purpose prior to the issuance of said bonds and that it should declare its official intent to reimburse such expenditures made in anticipation of the issuance of said bonds.

8. A sum not exceeding Five Hundred Ninety-Four Thousand Eight Hundred Thirty Dollars ($594,830) must be provided and raised by the issuance of special obligation bonds in said amount, payable both as to principal and interest from the revenues of the System, as authorized by the Act.

 

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY AS FOLLOWS:

 

SECTION 1. The Governing Body does hereby declare its intention to issued combined waterworks and sewer system revenue bonds of the Municipality in the maximum principal amount of Five Hundred Ninety-Four Thousand Eight Hundred Thirty Dollars ($594,830) (the "Bonds") to raise money for the Authorized Purpose. Pursuant to Section 1.150-2 of the Treasury Regulations (the "Reimbursement Regulations"), the Governing Body hereby declares its official intent to reimburse expenditures made for the Authorized Purpose prior to the issuance of the Bonds with proceeds of the Bonds to the extent permitted by the Reimbursement Regulations.

SECTION 2. Said bonds in the amount, for the purpose and secured as aforesaid will be authorized to be issued at a meeting of the Governing Body to be held at the City Hall on December 6, 2005, at 5:30 oíclock P.M., which date so fixed will be more than ten (10) days after the third date of publication of this resolution, as directed by Section 3 hereof. If a petition signed by not less than twenty percent (20%) of the qualified electors of the Municipality be filed objecting to and protesting the issuance of such revenue bond issue on or before the aforesaid date and hour, then an election on the question of the issuance of such bonds shall be called and held as provided by law. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, and may be sold under the regular procedure for selling such bonds.

SECTION 3. This resolution shall be published once a week for at least three (3) consecutive weeks in The South Reporter, a newspaper published in and having a general circulation in the Municipality, and being a qualified newspaper under the provisions of Section 13-3-31, Mississippi Code of 1972. The first publication of this resolution shall be made not less than twenty-five (25) days prior to the date fixed herein for issuance of said bonds, and the third such publication shall be more than ten (10) days prior to the date specified in Section 2 hereof.

SECTION 4. The Clerk of the Municipality shall be and is hereby directed to procure from the publisher of the aforesaid newspaper the customary proof of publication of this resolution and to have the same before the Governing Body on the date and hour specified in Section 2 hereof.

Alderman Johnson seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote, the result was as follows:

Alderman Garrie Colhoun voted: A

Alderman Nayland Hayes voted: Y

Alderman Nancy Hutchens voted: Y

Alderman Russell Johnson voted: Y

Alderman Timothy Liddy voted: Y

The motion having received the affirmative vote of a majority of the members present, the Mayor declared the motion carried, and the resolution adopted on the 1st day of November, 2005.

Mayor /s/ Andreí DeBerry

ATTEST: /s/ Belinda McDonald

CITY CLERK

(45-47c)


 

 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

TRUSTEE'S NOTICE OF SALE

WHEREAS, on July 24, 1997, Tabb T. Williams, executed a Deed of Trust to J. Kizer Jones, Trustee, for the benefit of Lou Digrado, which Deed of Trust is filed for record in Deed of Trust Book 225, at Page 528, 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, Lou Digrado, 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 2ND day of December, 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:

 

That certain lot or parcel of land of the Johnson Park subdivision on file in Plat Book No. 1 in the office of the Chancery Clerk of Marshall County, Mississippi, situate on Section Six (6), Township Four (4), Range Two West (2W), in Holly Springs, Marshall County, Mississippi, described as follows, to-wit:

A strip of land, with a dwelling house thereon, fifty eight and one half feet (58 1/2) off of the West side of Lot No. 22 of the Johnson Park Subdivision, and running entirely across said lot North and South, and more particularly described as: Beginning at the Southwest (SW) corner of said Lot No. 11 and running North to a stake in the Northwest (NW) corner of said Lot No. 11; thence East along the North boundary line of said Lot No. 11 fifty eight and one half feet (58 1/2) to a stake; thence south to a stake on the South boundary line of said lot, which is also the North boundary line of the side walk, which said boundary line of said side walk is slightly curved running a little South of due West; thence West with the meanderings of said South boundary line of said lot fifty eight and one half feet (58 1/2) to the point of beginning.

 

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

WITNESS MY SIGNATURE, this, the 4th day of November, 2005.

/S/ J. KIZER JONES, TRUSTEE

PUBLISH: NOV. 10, NOV. 17, NOV. 24 AND DEC. 1, 2005.

(45-48c)


 

 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

TRUSTEES NOTICE OF SALE

On the 28th day of June, 2001, Audrey Wright and Sammie Wright executed a Land Deed of Trust, conveying certain lands to Dorothy Walton, Trustee for use and benefit of Scott Robinson of Marshall County, Mississippi, securing a debt therein mentioned, recorded in Trust Deed Book 290, at pages 239-240, and

WHEREAS, default having been made in payments of indebtedness secured by said Deed of Trust and holder having requested the undersigned to do so, on the 2nd day of December, 2005, I will during legal hours, at public outcry, offer for sale and will sell, at the south door of the Marshall County Courthouse in Holly Springs, Mississippi, for cash or cashierís check, to the highest bidder, the following described land and property:

 

In Section 5, Township 4 South, Range 2 West, Marshall County, Mississippi:

Lot 9 Greenbriar Subdivision Extended, as per that plat recorded in Plat Book 11, pages 25 and 26, now in Plat File 489 A and B of the records of the Office of the Chancery Clerk of Marshall County, in Holly Springs, MIssissippi.

 

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

Witness my signature, this the 7th day of November, 2005.

Dorothy Walton

Dorothy Walton

Publishing Dates: 11/10/05, 11/17/05, 11/24/05, 12/1/05

(45-48c)



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