Thursday, November, 17, 2005

Legal Notices

NOTICE

The undersigned hereby applies to the Marshall County Board of Supervisors for the privilege of a beer permit at: 349 One Stop, 1153 Hwy 349 S., Potts Camp, MS 38659.

Owner: Nathan Michael Frayser.

(46p)


 

Before the Mayor and Board of Aldermen

of the Town of Byhalia, Mississippi

NOTICE OF PUBLIC HEARING OF PROPOSED

AMENDMENT TO COMPREHENSIVE

ZONING ORDINANCE

Notice is hereby given pursuant to statute and ordinance that the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi, will conduct a public hearing at 5:30 p.m. on Tuesday, December 6, 2005, in the Board Room of City Hall, 116 Highway 309 South, Byhalia, Mississippi, to consider a proposed amendment to the Comprehensive Zoning Ordinance of said Town.

The substance of the proposed amendment is to provide that the minimum gross floor area of all dwellings shall be not less than one thousand four hundred fifty (1450) square feet of heated space.

All interested persons are invited to appear and participate in this hearing.

Witness my signature this the 1st day of November, 2005.

s/O.R. Dempsey, Mayor

Attest:

Anna Marie Adkins

Town Clerk

(46-47c)


 

Notice of Sale

Corral Self Storage will sell the contents of the following units for unpaid charges on Dec. 12, 2005 at 9 a.m.

Unit # Name

30 Aungelia Allen

50 Donna Hunt

77 Lashawda Blackmon

 

(46c)


 

PUBLIC NOTICE

In accordance with Section 7-7-213, Miss. Code Ann (1972), notice is hereby given that a copy of the 2003 audit of Marshall County is on file in the Chancery Clerkís office of Marshall County.

In accordance with Section 7-7-221, Miss. Code Ann. (1972), the following synopsis of the Marshall County audit for fiscal year ending 9-30-2003 is provided in the format prescribed by the State Auditor:

Revenues 10-01-02 to 9-30-03 $13,845,569

Expenditures 10-01-02 to 9-30-03 $15,264,902

Cash & Investments at 9-30-03 $ 8,071,611

A copy of the audit report containing all findings and recommendations as well as exceptions, if applicable, can be obtained for five dollars by writing to the Office of the State Auditor, Post Office Box 956, Jackson, MS 39205.

A copy of the audit report is also on file and available for public inspection at the Marshall County library.

In accordance with Section 31-7-115, Miss. Code Ann. (1972), the audit report of the county purchase clerk and inventory control clerk is published.

The South Reporter The Mississippi Chronicle

157 S. Center Street P.O. Box 398

Holly Springs, MS 38635 Holly Springs, MS 38635

State of Mississippi

OFFICE OF THE STATE AUDITOR

PHIL BRYANT

AUDITOR

INDEPENDENT AUDITORíS REPORT ON

CENTRAL PURCHASING SYSTEM,

INVENTORY CONTROL SYSTEM AND

PURCHASE CLERK SCHEDULES

(REQUIRED BY SECTION 31-7-115,

MISS. CODE ANN 1972)

June 3, 2004

Members of the Board of Supervisors

Marshall County, Mississippi

We have made a study and evaluation of the central purchasing system and inventory control system of

Marshall County, Mississippi, as of and for the year ended September 30, 2003. Our study and evaluation included tests of compliance of the Purchase Clerk and Inventory Control Clerk records and such other auditing procedures as we considered necessary in the circumstances.

The Board of Supervisors of Marshall County, Mississippi is responsible for establishing and maintaining a central purchasing system and inventory control system in accordance with Sections 31-7-101 through 31-7-127, Miss. Code Ann, (1972). In addition, the Board of Supervisors is responsible for purchasing in accordance with the bid requirements of Section 31-7-13, Miss. Code Ann. (1972). The Board of Supervisors of Marshall County, Mississippi has been established centralized purchasing for all funds of the county and has established an inventory control system. The objective of the central purchasing system is to provide reasonable, but not absolute, assurance that purchases are executed in accordance with state law.

Because of inherent limitations in any central purchasing system and inventory control system errors of irregularities may occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate.

In our opinion, Marshall County, Mississippi, complied, in all material respects, with state laws governing central purchasing, inventory and bid requirements.

The accompanying schedules of (1) purchases not made from the lowest bidder, 920 emergency purchases, and (3) purchases made noncompetitively from a sole source are presented in accordance with Section 31-7-115, Miss. Code Ann. (1972). The information contained on these schedules has been subjected to procedures performed in connection with our aforementioned study and evaluation of the purchasing system and, in our opinion, is fairly presented when considered in relation to that study and evaluation.

This report is intended for use in evaluating the central purchasing system and inventory control system of Marshall County, Mississippi, and is not intended to be and should not be relied upon for any other purpose.

J.E. Vance & Company

P.O. Box 1280

Tupelo, MS 38802

Schedule of Purchases Not Made From the Lowest Bidder For the Year Ended September 30, 2002

Our test results did not identify any purchases made noncompetitively from a sole source.

Schedule of Emergency Purchases For the Year

Ended September 30, 2003

Our test results did not identify any emergency purchases.

Schedule of Purchases Made Noncompetitively from a Sole Source for the Year Ended September 30, 2003

Item Amount

Date Purchased Paid Vendor

11/12/2002 Mount kit for $5,193 Alamo Alamo Industrial boom mower

(46c)


 

SUBSTITUTED TRUSTEEíS NOTICE OF SALE

WHEREAS, on July 13, 2001, James Crum, a married man and Patty Walker, executed a deed of trust to Jim B. Tohill, trustee for the benefit of Long Beach Mortgage Company, which deed of trust is recorded in Deed of Trust Book 285 at Page 326 in the office of the Chancery Clerk of the County of Marshall, State of Mississippi; and

WHEREAS, on July 26, 2005, the Chancery Court of Marshall County, Mississippi entered a Default Judgment reforming deed of trust in Cause No. 04-0723, wherein the legal description of the property described below was corrected and reformed to read as herein stated. Said decree reforming deed of trust is on file and of record in the office of the aforesaid Chancery Clerk in Book 358 at Page 770; and

WHEREAS, subject property was subsequently conveyed to James Crum; and

WHEREAS, the aforesaid deed of trust was assigned to Deutsche Bank National Trust Company, a national banking association f/k/a Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-3 by instrument dated February 12, 2004, and recorded in the office of the aforesaid Chancery Clerk in Book 81 at Page 186; and

WHEREAS, the aforesaid, Deutsche Bank National Trust Company, a national banking association f/k/a Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-3, the holder of said deed of trust and the note secured thereby, substituted John C. Underwood, Jr., as Trustee therein, as authorized by the terms thereof, by instrument dated February 12, 2004 and recorded in the office of the aforesaid Chancery Clerk in Book 350 at Page 597; 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, Deutsche Bank National Trust Company, a national banking association f/k/a Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-3, 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 attorneyís fees, Substituted Trusteeís fees and expense of sale;

NOW, THEREFORE, I, John C. Underwood, Jr., Substituted Trustee, in said deed of trust, will on the 9th 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 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:

 

As per the legal description in Warranty Deed Book 317 at Page 664

Farm 57 of Mar-Con Farms, in Sections 26 and 27, Township 2 South, Range 4 West, Marshall County, Mississippi, as per plat thereof recorded in Plat Book 11, Page 49, in the Office of the Chancery Clerk of Marshall County, Mississippi.

Indexing Instructions: Farm 57 of Mar-Con Farms in Sections 26 and 27, Township 2 South, Range 4 West, Marshall County.

TOGETHER WITH; one Southridge Patriot mobile home, Serial Number 446074ABAC, Year 2001

 

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

WITNESS MY SIGNATURE, this the 10th day of November, 2005.

John C. Underwood, Jr.

SUBSTITUTED TRUSTEE

Control #04010045

PUBLISH: 11/17/2005, 11/24/2005, 12/01/2005, 12/08/2005

(46-49c)


 

 

SUBSTITUTED TRUSTEEíS NOTICE OF SALE

WHEREAS, on February 3, 2003, Tony C. Houston and wife, Wanderla Houston, executed a deed of trust to Everett L. Anschutz, Jr., trustee for the benefit of Homestead Mortgage, LLC, which deed of trust is recorded in Deed of Trust Book 320 at Page 603 in the office of the Chancery Clerk of the County of Marshall, State of Mississippi; and

WHEREAS, the aforesaid deed of trust was assigned to GMFS, L.L.C. by instrument dated February 3, 2003, and recorded in the office of the aforesaid Chancery Clerk in Book Power of Attorney Book 76 at Page 636; and

WHEREAS, the aforesaid deed of trust was assigned to JPMorgan Chase Bank, as Trustee by instrument dated February 3, 2003, and recorded in the office of the aforesaid Chancery Clerk in Book 78 at Page 675; and

WHEREAS, the aforesaid, JPMorgan Chase Bank, as Trustee, the holder of said deed of trust and the note secured thereby, substituted John C. Underwood, Jr., as Trustee therein, as authorized by the terms thereof, by instrument dated July 22, 2004 and recorded in the office of the aforesaid Chancery Clerk in Book 361 at Page 209; 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, JPMorgan Chase Bank, as Trustee, 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 attorneyís fees, Substituted Trusteeís fees and expense of sale;

NOW, THEREFORE, I, John C. Underwood, Jr., Substituted Trustee, in said deed of trust, will on the 9th 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 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:

 

Indexing: A 2.00 acre tract of land in the Southwest Quarter of Section 30, Township 3 South, Range 4 West, Marshall County, Mississippi, and being more particularly described as follows:

Commence at an iron bar found at the Southwest Corner of the Southwest Quarter of Section 30, Township 3 South, Range 4 West; thence North 828.40 feet, to a point; thence East 154.17 feet, to a 1/2" re-bar, said point being the POINT OF BEGINNING; thence North 0 degrees 05 minutes 14 seconds West 295.16 feet, to a 1/2" re-bar set; thence East 295.61 feet, to a 1/2" rebar set; thence South 295.16 feet, to a 1/2" re-bar set; thence West 295.16 feet, to the POINT OF BEGINNING. Said tract containing 2.00 acres, more or less (sq. ft. 87,186). Being further shown, described and depicted upon that certain plat and survey of Donald Jeff Hollingsworth, Registered Professional land Surveyor, dated September 5, 2002.

EASEMENT NO. 1: An easement for ingress and egress over land more particularly described as follows: BEGINNING at a point in the North line of the Hernando-Holly Springs Road, which said point is on the Western more section line of Section 30, Township 3 South, Range 4 West, in Marshall County, Mississippi and running thence Westwardly along the North line of said road a distance of 15 feet to a point; thence extending North and between parallel lines formed by the aforesaid mentioned section line and a lie beginning at the last mentioned point on the North side of said road and running parallel to the said section line a distance of 590 feet more or less across the lands of the said Julius Hawk and wife, Willie Mae Hubbard Hawk to an ending point formed by a line drawn perpendicular to the said section line and crossing the parallel lines here and above mentioned. Being the same easement conveyed to Walter Houston and wife, Martha Ree Houston, their heirs and assigns, by Easement dated December 10, 1959, and recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Land Deed Record Book No. 94 at pages 201-202.

EASEMENT NO. 2: A 0.19 acre tract to be used as a 20' wide ingress and egress easement all in the Southwest Quarter of Section 30, Township 3 South, Range 4 West, Marshall County, Mississippi, and being more particularly described as follows: Commence at an iron bar found at the Southwest Corner of the Southwest Quarter of Section 30, Township 3 South, Range 4 West; thence North 0 degrees 05 minutes 55 seconds East 359.78 feet, to a point; thence North 85 degrees 37 minutes 39 seconds East 19.32 feet, along the Northline of Isaac Chapel's property to the centerline of said 20 foot wide easement said point being the POINT OF BEGINNING; thence along the centerline of said easement being 10 foot left and 10 foot right of said centerline the following calls: Thence North 9 degrees 27 minutes 46 seconds West 127.23 feet; thence North 21 degrees 57 minutes 28 seconds East 75.99 feet; thence North 79 degrees 14 minutes 37 seconds East 75.26 feet; thence South 59 degrees 21 minutes 04 seconds East 64.57 feet; thence South 76 degrees 03 minutes 58 seconds East 51.07 feet; thence North 79 degrees 10 minutes 53 seconds East 24.21 feet, to the West line of John Houston's property as recorded in Land Deed Book 128, page 306. Said easement containing 0.19 acre, more or less (sq. ft. 8,367). Said easement being further shown, described and depicted as Tract IV upon that certain plat and survey of Donald Jeff Hollingsworth, Registered Professional Land Survey, dated September 5, 2002.

EASEMENT NO. 3: A 0.49 acre tract to be used as a 20 foot wide ingress and egress easement all in the Southwest Quarter of Section 30, Township 3 South, Range 4 West, Marshall County, Mississippi, and being more particularly described as follows:

Commence at an iron bar found at the Southwest Corner of the Southwest Quarter of Section 30, Township 3 South, Range 4 West; thence North 0 degree 05 minutes 55 seconds East 359.78 feet to a point; thence North 85 degrees 37 minutes 39 seconds East 19.32 feet, along the North line of Issac Chapel's Property to the centerline of said 20 foot wide easement said point being the POINT OF BEGINNING; thence along the centerline of said easement being 10 foot left and 10 foot right of said centerline the following calls; thence North 9 degrees 27 minutes 46 seconds West 127.23 feet; thence North 21 degrees 57 minutes 28 seconds East 75.99 feet; thence North 79 degrees 14 minutes 37 seconds East 75.26 feet; thence South 59 degrees 21 minutes 04 seconds East 64.57 feet; thence South 76 degrees 03 minutes 58 seconds East 51.07 feet; thence leaving existing road South 39 degrees 32 minutes 58 seconds East 37.29 feet, to a point being 10 feet, more or less from the Southwest corner of Walter Houston's property; thence East 220.36 feet; thence North 220.00 feet; thence North 52 degrees 00 minutes 02 seconds West 180.44 feet to the South line of Tony Houston's 2 acres. Said easement containing 0.49 acres, more or less (sq. ft. 21,528).

EASEMENT NO. 4: A 0.051 acre tract to be used as a 20 foot wide ingress and egress easement all in the Southwest Quarter of Section 30, township 3 South, Range 4 West, Marshall County, Mississippi, and being more particularly described as follows: Commence at an iron bar found at the Southwest Corner of the Southwest Quarter of Section 30, Township 3 South, Range 4 West, thence North 828.40 feet, to a point; thence East 308.34 feet, to the centerline of said 20 foot wide easement, said point being the POINT OF BEGINNING; thence along the centerline of said easement being 10 foot left and 10 foot right of said centerline South 7 degrees 56 minutes 49 seconds West 50.94 feet; thence South 3 degrees 09 minutes 37 seconds West 54.86 feet; thence South 6 degrees 40 minutes 11 seconds East 5.91 feet, to the North line of John Houston's property as recorded in Land Deed Book 128, page 306. Said easement containing 0.051 acre, more or less (sq. ft. 2,234). Said easement being further shown, described and depicted as Tract II upon that certain plat survey of Donald Jeff Hollingsworth, Registered Professional Land Surveyor, dated September 5, 2002.

 

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

WITNESS MY SIGNATURE, this the 27th day of October, 2005.

John C. Underwood, Jr.

SUBSTITUTED TRUSTEE

Control #05080704

PUBLISH: 11/17/2005, 11/24/2005, 12/01/2005, 12/08/2005

(46-49c)


 

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 June 18, 2003, executed by LESTER B. HOWELL, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 331 pages 442-446 of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi. This Deed of Trust is a Timber Deed of Trust only, wherein timber lies within subject property.

Deed of Trust dated August 19, 2003, executed by LESTER B. HOWELL, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 336 pages447-453 of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi.

Deed of Trust dated August 20, 2003, executed by LESTER B. HOWELL, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 336 pages 454-460 of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi.

Deed of Trust dated April 14, 2004, executed by LESTER B. HOWELL, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 353pages 500-506 of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi.

Deed of Trust dated December 22, 2004, executed by LESTER B. HOWELL, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 372 pages 436-442 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 front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Monday, December 12, 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:

 

Thirty Three and eleven sixteenths acres in the Southeast corner of the West half of the Northeast Quarter of Section 4, Township 6, Range 1 West, and by metes and bounds as beginning at the Southeast corner of said West half of said Northeast Quarter section, and running thence North 110 poles to a stake; thence West 49 poles to a stake at Gainesí branch; thence South with said branch 110 poles to a stake; thence East to the beginning.

ALSO: The Northwest fourth of the Southeast Quarter of said Section 4, Township 6, Range 1 West.

ALSO: 3 33/40 ACRES IN THE Southeast corner of West half of Southeast Quarter of Section 33, Township 5, Range 1 West, and by metes and bounds as beginning at Southeast Corner of said West Half of said Southeast Quarter Section and run thence North 34 poles, thence West 16 poles, thence Southwest 34 poles, thence East 20 poles to beginning:

ALSO: 8 ACRES IN THE Southwest corner of the East half of Southeast Quarter of said Section 33, Township 5, Range 1 West, and by metes and bounds as beginning at the Southwest corner of said east half of said Southeast Quarter section, and running thence 38 poles; thence North 35 poles, thence West 38 poles, thence South 35 poles to beginning, aggregating 85 acres in all hereby conveyed.

SOURCE DEED: This being the same property conveyed to Lester B. Howell by Warranty Deed from Bilbo L. Howell and wife, Mary J. Howell, dated August 17, 1988 and filed of record in warranty Deed Book No. 222, Pages 254-255, in the Office of the Chancery Clerk of Marshall County, MS.

LESS AND EXCEPT FROM THE ABOVE TRACTS THE FOLLOWING PROPERTIES:

1. A two acre tract conveyed to A. Q. Howell in the Southeast Corner of the East half southeast Quarter of said Section 33, Township 5, Range 1 West, Marshall County, Mississippi.

1. LESS AND EXCEPT: One acre land in the Northwest Corner of an 8 acre tract land, situated in the Southwest corner of the East Half of Southeast Quarter of Section 33, Township 5, Range1 West. Said one acre in Northwest corner being a part of the 8 acre tract deeded to the undersigned by Bilbo Lester Howell and his wife, Juanita Howell on 13th day of May, 1972, deed recorded in Land Deed Book Number 107, Page 172, to which reference is hereby made, said deed being recorded in Chancery Clerkís Office of Marshall County, State of Mississippi.

1. LESS AND EXCEPT: Commence at an iron rod found at the Southwest corner of the East Half of the Southeast Quarter of Section 33, Township 5 South, Range 1 West, Marshall County, Mississippi; thence run North for 200.0 feet to an iron rod set on the Northeast side of a road, said iron rod being 28.0 feet from centerline of said road and the POINT OF BEGINNING for herein described parcel; thence with said road run North 34 degrees 00 minutes West for 110.3 feet; thence run North 31 degrees 45 minutes West for 100.0 feet; thence run North 19 degrees 45 minutes West for 200.0 feet to an iron pipe on the East side of public road and being 20.0 feet from centerline of said road; thence run North 86 degrees 00 minutes East for 181.9 feet to an iron pipe; thence run South for 377.5 feet to the POINT OF BEGINNING, containing 0.90 acres, more or less, being the same property sold to Lurlene Lucius in Land Deed Book 306, page 200.

1. LESS AND EXCEPT: Commence at an iron rod found at the Southwest corner of the East Half of the Southeast Quarter of Section 33, Township 5 South, Range 1 West, Marshall County, Mississippi; thence run East for 209.0 feet to an iron pipe; thence run North 208.9 feet to an iron rod set at the POINT OF BEGINNING for herein described parcel; thence continue North for 184.3 feet to an iron rod; thence run East for 418.0 feet to an iron set on fence line; thence with fence line run South for 184.3 feet; thence leaving said fence line run West for 418.0 feet to the POINT OF BEGINNING, containing 1.77 acres, more or less, being the same property deeded to Maurine Hill in Land Deed Book 306, page 203.

1. LESS AND EXCEPT: Commence at an iron rod found at the Southwest corner of the East Half of the Southeast Quarter of Section 33, Township 5 South, Range 1 West, Marshall County, Mississippi; thence run North for 200.0 feet to an iron rod at the POINT OF BEGINNING for herein described parcel; said iron rod being on the Northeast side of Howell Public Road, 28.0 feet from centerline; thence leaving said road continue North for 168.5 feet to an iron rod ; thence run East for 209.0 feet to an iron rod; thence run South for 258.8 feet to an iron rod on the North side of Howell Public Road, 30.0 feet from centerline; thence with said road run North 83 degrees 30 minutes West for 120.0 feet; thence run North 65 degrees 05 minutes West for 67.0 feet; thence run North 30 degrees 54 minutes West for 56.5 feet to the POINT OF BEGINNING, containing 1.14 acres more or less, being the same property deeded to Karen Hudspeth recorded in Land Deed Book 306, page 205.

1. LESS AND EXCEPT: Commence at an iron rod found at the Southwest corner of the East Half of the Southeast Quarter of Section 33, Township 5 South, Range 1 West, Marshall County, Mississippi; thence run East for 209.0 feet to an iron pipe; thence run North for 393.2 feet to an iron rod at the point of beginning for herein described parcel; thence continue North for 184.3 feet to an iron rod on fence line; thence with fence line run East for 418.0 feet to a point on the South side of a road; thence leaving said road and down fence line run South for 184.3 feet to an iron pipe; thence leaving fence line run West for 418.0 feet to the point of beginning, containing 1.77 acres more or less.

1. Indexing Instructions: 1.0 acre in the Northeast Quarter of Section 4, Township 6 South, Range 1 West, Marshall County, Mississippi described as:

Commence at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of Section 4, Township 6 South, Range 1 West, Marshall County, Mississippi; thence with fence line run South 00 degrees 15 minutes West for 955.0 feet to a steel post; thence leaving fence line run South 46 degrees 45 minutes West for 254.0 feet to a crosstie fence corner at the point of beginning for herein described parcel: thence run South 53 degrees 30 minutes East for 55.0 feet to a point in Potts Creek; thence with said creek run South 38 degrees 00 minutes West for 130.0 feet; thence run South 62 degrees 00 minutes West for 80.0 feet; thence run South 77 degrees 00 minutes West for 47.0 feet; thence run North 62 degrees 00 minutes West for 58.0 feet; thence run South 61 degrees 00 minutes West for 62.9 feet; thence leaving said creek run North for 189.9 feet to an iron rod on fence line; thence with said fence run South 89 degrees 15 minutes East for 258.5 feet to the point of beginning, AND according to survey prepared by Edward Overall, MLS#1588, dated June 14, 2001, a copy of which is attached to the deed and incorporated by reference.

ALSO: A 30 foot easement for ingress and egress to Larry Howell, his heirs at law, and successors in title, described as follows:

COMMENCING at the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 4, Township 6 South, Range 1 West, Marshall County, Mississippi; thence with fence line run South 00 degrees 15 minutes West for 500.0 feet to an iron rod set; thence continue South 00 degrees 15 minutes West 200.0 feet to a point; thence run West 30.0 feet to a point; thence run North 00 degrees 15 minutes East 700.0 feet to a point on section line; thence continue North 00 degrees 15 minutes East 140.0 feet to a point on the South boundary line of Howell Public Road; thence run with meanderings of Howell Public road in a Southeasterly direction 30.0 feet to a point on said right of way; thence leaving said right of way run South 00 degrees 15 minutes West 140.0 feet to the point of beginning; AND EXTENDING FROM THIS DESCRIBED EASEMENT 30 FEET BY 254 FEET IN A SOUTHWESTERLY DIRECTION TO THE ONE ACRE OF LAND ABOVE DESCRIBED

SUBJECT TO: A 30 foot easement for ingress and egress as follows:

An Easement for Ingress and Egress described as: COMMENCING at the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 4, Township 6 South, Range 1 West, Marshall County, Mississippi; thence with fence line run South 00 degrees 15 minutes West for 500.0 feet to an iron rod set; thence continue South 00 degrees 15 minutes West 200.0 feet to a point; thence run West 30.0 feet to a point; thence run North 00 degrees 15 minutes East 700.0 feet to a point on section line; thence continue North 00 degrees 15 minutes East 140.0 feet to a point on the South boundary line of Howell Public Road; thence run with meanderings of Howell Public Road in a Southeasterly direction 30.0 feet to a point on said right of way; thence leaving said right of way run south 00 Degrees 15 minutes West 140.0 feet to the POINT OF BEGINNING.

 

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 15th day of November, 2005.

William F. Schneller, Trustee

Publishing Dates: Nov. 17, 24 and Dec. 1 and 8, 2005.

(46-49c)


 

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 June 18, 2003, executed by LESTER B. HOWELL, unto WILLIAM F. SCHNELLER as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 331 pages 447-451 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 front door of the Mar-shall County Courthouse, in the City of Holly Springs, Mississippi, on Monday, December 12, 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 intersection of the Southwest right of way of U. S. Highway No. 78 and the Southeast line of Lot 16-A according to the Plat and Survey of the Town of Potts Camp, Mississippi; in Section 16, Township 5 South, Range 1 West, Marshall County, Mississippi; thence with said Highway right of way run North 32 degrees 10 minutes West for a distance of 94.4 feet; thence run North 30 degrees 40 minutes West for a distance of 110.0 feet to the Northwest corner of the Phillip and Mabel Darlene Holden tract; said corner being the POINT OF BEGINNING for the herein described parcel; thence leaving said Highway right of way and with the Northwest line of said Holden tract run South 56 degrees 15 minutes West for a distance of 100.5 feet to a wood stake; thence run North 29 degrees 18 minutes West for a distance 134.8 feet to wood stake on the Southeast right of way of Camp Street; thence with said right of way run North 52 degrees 45 minutes East for a distance of 110.7 feet to a point on the Southwest right of way of Highway No. 78; thence with said right of way run South 25 degrees 30 minutes East for a distance of 142.6 feet to the POINT OF BEGINNING, containing 0.33 acre more or less. All according to the plat and survey prepared by Edward Overall, Surveyor, MLS #1588, dated July 10, 1991.

ALSO: Building identified as 6778 Church Street, 6780 Church Street, 6782 Church Street, and 6786 Church Street, Potts Camp, Mississippi

SOURCE DEED: This is the same land and property as conveyed to Edward Gurley by Warranty Deed dated August 22, 2000 and executed by Patsy Woods recorded in Land Deed Book No. 312, Page 173, in the Office of the Chancery Clerk of Marshall County, Mississippi.

INDEXING: SECTION 16, TOWNSHIP 5 SOUTH, RANGE 1 WEST, MARSHALL COUNTY, MISSISSIPPI

 

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 14th day of November, 2005.

William F. Schneller, Trustee

Publishing Dates: Nov. 17, 24 and Dec. 1 and 8, 2005.

(46-49c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

BRUCE KIRK PLAINTIFF

VS. CAUSE NO. 05-0593A

PAUL R. KIRK, C/O JAN COSSITT, AND

ANY UNKNOWN DEFENDANTS AND ALL PERSONS HAVING OR CLAIMING ANY INTEREST IN THE FOLLOWING DESCRIBED LAND FORFEITED ON SEPTEMBER 19, 2005, BY TAX SALE DEED FROM THE STATE OF MISSISSIPPI, MARSHALL COUNTY TO BRUCE KIRK: PT LOTS 3, 4, 16, 17, 24 & 116, RECORDED IN DEED BOOK 85, PAGE 187, LOCATED IN SECTION 24, TOWNSHIP 6 SOUTH, RANGE 1 WEST, MARSHALL COUNTY, MISSISSIPPI, BEING PARCEL NO. 044R-24-01200 AND PPIN NO. 2320, OF THE RECORDS OF THE MARSHALL COUNTY TAX ASSESSOR

DEFENDANTS

SUMMONS

THE STATE OF MISSISSIPPI

TO: PAUL R. KIRK, C/O JAN COSSITT, AND

ANY UNKNOWN DEFENDANTS AND ALL PERSONS HAVING OR CLAIMING ANY INTEREST IN THE FOLLOWING DESCRIBED LAND FORFEITED ON SEPTEMBER 19, 2005, BY TAX SALE DEED FROM THE STATE OF MISSISSIPPI, MARSHALL COUNTY TO BRUCE KIRK: PT LOTS 3, 4, 16, 17, 24 & 116, RECORDED IN DEED BOOK 85, PAGE 187, LOCATED IN SECTION 24, TOWNSHIP 6 SOUTH, RANGE 1 WEST, MARSHALL COUNTY, MISSISSIPPI, BEING PARCEL NO. 044R-24-01200 AND PPIN NO. 2320, OF THE RECORDS OF THE MARSHALL COUNTY TAX ASSESSOR

You have been made a Defendant in the suit filed in this Court by Bruce Kirk, Plaintiff, seeking to quiet and confirm title to certain real property.

You are required to mail or hand deliver a written response to the Petition filed against you in this action to J. Kizer Jones, Attorney At Law, the attorney for the Plaintiff, whose address is Post Office Box 117, Holly Springs, Mississippi, 38635.

Your response must be mailed or delivered not later than (30) thirty days after the 17th day of November, 2005, which is the date of first publication of this summons. If your response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the 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, this the 14th day of November, 2005.

C.W. "CHUCK" THOMAS

MARSHALL COUNTY CHANCERY CLERK

POST OFFICE BOX 219

HOLLY SPRINGS, MISSISSIPPI 38635

(46-48c)


 

SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 25th day of February, 2000, Natosha L Neely, an unmarried person, aka Natosha Neely executed and delivered a certain Deed of Trust unto Fred A. Ross, Jr., Esq., Trustee for Cendant 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 262 at Page 334; and

WHEREAS, on the 28th day of January, 2005, the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau, as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 374 at Page 518; 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 14th 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:

The following land and property located and situated in the City of Holly Springs, Marshall County, Mississippi, to-wit:

 

Lot #2 of the Joseph H. Ford Subdivision, Phase II, according to plat thereof prepared by Tom King, Surveyor, dated 11 November 1980 and recorded in Plat File No. 655A of the records of the Clerk of the Chancery Court of Marshall County, Mississippi. All being in Section 6, Township 4 South, Range 2 West, Marshall County, Mississippi.

 

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

WITNESS MY SIGNATURE, this day November 7, 2005

Emily Kaye Courteau

SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

cs/F05-0170

PUBLISH: Nov. 17, Nov. 24, Dec. 1, Dec. 8, 2005

(46-49c)


 

LEGAL NOTICE OF PUBLICATION

OF FINAL SETTLEMENT OF CONTRACT

Notice is hereby given that the contract between the Board of Supervisors of Marshall County, Mississippi, on the one part, and Union Construction Company, Inc., on the other part, dated 07/23/03, for the construction of Project No. LSBP 47 7 being a part of Duck Pond Road road in Marshall County, Mississippi, has been fully and completely performed and final settlement thereunder has been made on 09/16/05.

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

Dated this 7th day of November, 2005.

C.W. Chuck Thomas

Clerk of the Board of Supervisors

Marshall County, Mississippi

By Susie Hill, D.C.

(46c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on July 17, 1997, Tabb T. Williams, executed a Deed of Trust to William G. Kemp, Trustee, for the benefit of First State Bank, which Deed of Trust is filed for record in Deed of Trust Book 225, at Pages 23-29, 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 June 20, 2003, and duly filed for record June 20, 2003, at 2:16 P.M. in the office of the aforesaid Chancery Clerk in Book 331, at pages 212-213; 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 9th 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 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:

 

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 6, Township 4, Range 2 West, in Holly Springs, Marshall County, Mississippi, described as follows, to-wit:

A strip of land, with a dwelling house thereon, 58 1/2 feet 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 Corner of said Lot No. 11 and running North to a stake in the Northwest Corner of said Lot No. 11; thence East along the North boundary line of said Lot No. 11 58 1/2 feet 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 58 1/2 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 9th day of November, 2005.

/S/ J. KIZER JONES, SUBSTITUTED TRUSTEE

PUBLISH: NOV. 17, NOV. 24, DEC. 1, AND DEC. 8, 2005.

(46-49c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

ANITA MOORE PLAINTIFF

VS. CAUSE NO.: 03-0646

IVORY OZELL, AUBREY MATTHEWS,

CHERYLE LYNN HOLT, BARBARA CAMPBELL,

DUDLEY MATTHEWS, MICHAEL MATTHEWS,

GENTRY LEE WILSON, LLOYD D. WILSON,

RUBY J. SNEED, ALPINE WILSON, CHESTER WILSON,

MARY E. BAILEY, PEARLENE BURNSIDE,

MARVA B. WILSON, EDGAR JONES, JR.,

CHARLES JONES, WILLE B. KELLY,

MARGUERITE OSBY, JEANETTE JEAN KELLY,

HULEEN KELLY MAYS, ORNDORF KELLY,

BERKLEY BRYANT KELLY, LEMUEL KELLY,

BARBARA HOUSE JONES, ROSEMARY HOUSE,

GENEVA HOUSE DAVIS LLOYD, MATTHEW D HOUSE,

FANNIE MAE REYNOLDS, BERNICE LOCKHART

THELBERT HOUSE, VELDA RANDOLPH BELL

DEFENDANTS

SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI

COUNTY OF PRENTISS

TO: Gentry Lee Wilson, Lloyd D. Wilson, Ruby J. Sneed, Alpine Wilson, Chester Wilson, Mary E. Bailey, Pearlene Burnside, Marva B. Wilson, Edgar Jones, Jr., Willie B. Kelly, Marguerite Osby, Jeanette Jean Kelly, Huleen Kelly Mays, Orndorf Kelly, Berkley Bryant Kelly, Lemuel Kelly, Rosemary House, Geneva House Davis Lloyd, Matthew D. House, Bernice Lockhart, Velda Randolph Bell, who is not to be found in the State of Mississippi on diligent inquiry and/or whose post office address is not known to the Petitioners after diligent inquiry made by said Petitioners.

You have been made Defendants in the suit filed in this case by seeking to partition property located in the the south half of the north half of south east quarter of said section four (4), township four (4) , range four (4) west, and the north half of the south east quarter of said section eight (8), township four (4), range four (4) west; except ten acres off of the west side of said north half of said south east quarter of said section eight (8).

YOU ARE SUMMONED TO APPEAR AND DEFEND AGAINST SAID PETITION AT 9:30 A.M., ON THE 9th DAY OF DECEMBER, 2005, IN THE COURTROOM OF THE MARSHALL COUNTY COURTHOUSE, HOLLY SPRINGS, MISSISSIPPI, AND IN CASE OF YOUR FAILURE TO APPEAR AND DEFEND, A JUDGEMENT WILL BE ENTERED AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.

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

Issued under my hand and the seal of said Court, this 8 day of Nov., 2005.

C.W. (CHUCK) THOMAS, CHANCERY CLERK

MARSHALL COUNTY, MISSISSIPPI

HOLLY SPRINGS, MISSISSIPPI 38635

BY: Madalynne Ash, D.C.

Lawrence L. Little

Hickman, Goza & Spragins, PLLC.

1305 Madison Avenue

Post Office Box 668

Oxford, Mississippi 38655-0668

Telephone No.: 662-234-4000

Facsimile No.: 662-234-2000

Publication Dates: Nov. 17, 24, and Dec. 1, 2005.

(46-49c)



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