Thursday, November 24, 2005

Legal Notices

NOTICE OF BOND SALE

$478,000

TOWN OF BYHALIA, MISSISSIPPI

GENERAL OBLIGATION BONDS

SERIES 2005

NOTICE IS HEREBY GIVEN that the Board of Aldermen (the "Board") of the Town of Byhalia, Mississippi (the "Town") acting for and on behalf of the Town, will receive sealed bids in its regular meeting place in the Municipal Boardroom, 161 Highway 309 South, in Byhalia, Mississippi, until the hour of 5:30 p.m. (local time) on December 6, 2005, at which time said bids will be publicly opened and read for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of Four Hundred Seventy-Eight Thousand and No/100 Dollars ($478,000) General Obligation Bonds, Series 2005, of the Town (the "Bonds").

THE BONDS: The Bonds will be dated and bear interest from December 22, 2005, or the date of delivery; will be delivered in definitive form as registered bonds; will be in the denomination of $1,000.00 each, or integral multiples thereof up to the amount of a single issuance; will be payable as to principal upon billing; and will bear interest, payable on June 15, 2006, and semiannually thereafter on June 15 and December 15 of each year, at the rate or rates offered by the successful bidder in its bid in accordance with this Notice of Bond Sale.

The Bonds have been designated as qualified tax exempt obligations of the Town for purposes of Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended.

MATURITIES: The Bonds will mature serially, with option of prior payment as set forth below, on December 15 in each of the years and amounts as follows:

MATURITY SCHEDULE

YEAR OF PRINCIPAL

MATURITY AMOUNT

2006 $ 14,000

2007 15,000

2008 16,000

2009 17,000

2010 18,000

2011 18,000

2012 19,000

2013 20,000

2014 21,000

2015 22,000

2016 24,000

2017 25,000

2018 26,000

2019 27,000

2020 29,000

2021 30,000

2022 32,000

2023 33,000

2024 35,000

2025 37,000

The Bonds maturing on December 15, 2014, and thereafter, shall be subject to redemption prior to their maturity at the option of the Town on and after June 15, 2014, upon not less than thirty (30) days' notice, in whole or in part at any time, at the par value of the Bonds to be redeemed together with accrued interest to the date fixed for redemption.

The Bonds are subject to prepayment at the Town’s option any time in whole or in part, at par plus accrued interest, upon the rendering of a final determination letter or other governmental action determining that the interest paid by the Town with respect to the Bonds is included in the income of recipients thereof for federal income tax purposes.

If less than all of a series of Bonds of like maturity are to be redeemed, the particular Bonds to be redeemed shall be selected by the Paying Agent at random in such manner as the Paying Agent, in its discretion, may deem fair and appropriate.

In the event that any Bond is to be called for redemption as aforesaid, notice of such redemption, setting forth the place or places of payment, shall be mailed by first class mail not less than 30 days nor more than 60 days prior to the date fixed for redemption to the Registered Owner of each Bond to be redeemed at the address shown on the registration books.

On the specified redemption date, all Bonds so called for redemption shall cease to bear interest and shall no longer be secured by the pledge and covenants of the Bond Resolution, provided monies for their redemption are on deposit at the place of payment at that time.

AUTHORITY AND SECURITY: The Bonds will be issued pursuant to the provisions of Sections 21-33-301 et seq. of the Mississippi Code of 1972 (the "Act"), and shall be general obligations of the Town payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct, unlimited and continuing tax to be levied annually, without limitation as to time, rate or amount upon the taxable property within the geographical limits of the Town. The Board of Aldermen of the Town of Byhalia, Mississippi, will levy annually the special tax upon all taxable property within the geographical limits of the Town in an amount adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same fall due.

PURPOSE: The Bonds are being issued to provide funds for the purpose 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, as further described in a resolution to be adopted by the Board on December 6, 2005.

FORM OF BIDS: Bids should be addressed to the Mayor and Board of Aldermen of the Town of Byhalia and delivered to the Mayor and Board of Aldermen at their aforementioned regular meeting place, should be plainly marked "Bid for General Obligation Bonds, Series 2005, of the Town of Byhalia", and should be filed with the Town Clerk of the Town on or prior to the date and hour hereinabove named. All bids should be submitted substantially in the form prepared by the Town, copies of which may be obtained from the Town Clerk of the Town at the address shown below.

INTEREST RATE AND BID RESTRICTIONS: The Bonds shall not bear a greater overall maximum interest rate to maturity than eleven percent (11%) per annum, nor shall the interest rate for any one maturity exceed eleven percent (11%) per annum. No Bond shall bear more than one (1) rate of interest; each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from date to maturity; and the lowest interest rate specified shall not be less than seventy percent (70%) of the highest interest rate specified. Each interest rate specified in any bid must be a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named.

GOOD FAITH DEPOSITS: Except as provided below, each bid for the Bonds must be accompanied by a cashier's check, certified check, or exchange, issued or certified by a bank located in the State of Mississippi, payable to the Town of Byhalia, Mississippi, in the amount of Nine Thousand Five Hundred Sixty and No/100 Dollars ($9,560.00) as a guaranty that the bidder will carry out its contract and purchase the Bonds if its bid be accepted. All checks of unsuccessful bidders will be returned immediately on award of the Bonds. The amount of the good faith check submitted by the successful bidder shall be deposited by the Town and applied against the purchase price of the Bonds. If the successful bidder fails to purchase the Bonds pursuant to its bid and contract, then the amount of such good faith check shall be retained by the Town as liquidated damages for such failure. No interest will be allowed to the successful bidder on the amount of the good faith deposit.

In lieu of a good faith check, a bidder may provide a financial surety bond issued by an insurance company rated at least "A" by Standard & Poor’s or Moody’s Investors Service, Inc. and authorized to do business in the State of Mississippi. If a financial surety bond is used, such bond must be received by the Town, 161 Highway 309 South, Byhalia, Mississippi, Attention Ms. Anna Adkins, no later than 4:30 p.m. (Central) on May 24, 2005, together with satisfactory evidence of the authority of the company issuing such financial surety bond to do business in the State of Mississippi. The financial surety bond must establish to the satisfaction of the Town that the bid of such bidder is guaranteed by such financial surety bond. If the Bonds are awarded to a bidder utilizing a financial surety bond, then the successful bidder is required to wire transfer the sum of $9,560.00 as instructed by the Town no later than 3:00 p.m. (Central) on the next business day following the award. If such wire transfer is not received by that time, demand will be made on the financial surety bond by the Town to satisfy the good faith deposit requirement.

AWARD OF BONDS: The award, if any, will be made to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest net interest cost to the Town, which shall be determined by computing the aggregate interest on the Bonds over the life of the issue at the rate or rates of interest specified by the bidder, less premium offered, if any. It is requested that each bid be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the bid. All bids shall remain firm for four (4) hours after the time specified for the opening of bids, and an award of the Bonds, or rejection of bids, will be made by the Board within said period of time.

RIGHT OF REJECTION, CANCELLATION: The Board reserves the right to reject any or all bids submitted, as well as to waive any irregularity or informality in any bid. The successful bidder shall have the right, at its option, to cancel its agreement to purchase the Bonds if the Bonds are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the Board shall return to said bidder its good faith deposit. The Board shall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) days after the tender of the Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Bonds, and in such event the Board shall retain the successful bidder's good faith deposit as liquidated damages as hereinabove provided.

PAYMENT: Both principal of and interest on the Bonds will be payable by check or draft mailed to registered owners of the Bonds as of the first day of the month of a principal and/or interest payment date for such principal or interest payment at the addresses appearing in the registration records of the Town. The Town shall serve as the initial Paying Agent. The Bonds will be transferable only upon the books of the Paying Agent, and payment of principal at maturity shall be conditioned on the proper presentation and surrender of the Bonds to the Paying Agent.

DELIVERY: The Bonds will be delivered at a place to be designated by the Purchaser and without cost to the Purchaser, and payment therefor shall be made in immediately available funds.

CUSIP NUMBERS: It is not anticipated that CUSIP identification numbers will be printed on the Bonds.

LEGAL OPINION; CLOSING DOCUMENTS: The Bonds are offered subject to the unqualified approval of the legality thereof by Watkins & Young PLLC, Jackson, Mississippi, Bond Counsel. In the opinion of Watkins & Young PLLC, interest on the Bonds are not includable in gross income for federal income tax purposes and is exempt from Mississippi income taxes under existing laws, regulations, rulings and judicial decisions with such exceptions as shall be required by the Internal Revenue Code of 1986. The Bonds have been designated as "qualified tax-exempt obligations" of the Town within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. A copy of the opinion of Bond Counsel, which will be attached to or printed on the back of each Bond, together with the usual closing documents, including a non-litigation certificate dated the date of delivery of the Bonds, evidencing that no litigation is pending in any way affecting the legality of the Bonds or the taxes to be levied for the payment of the principal thereof and interest thereon, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge. The Town will pay for all legal fees and will pay for the printing and validation of the Bonds.

INVESTMENT LETTER: The Bonds will be issued subject to the terms of an Investment Letter to be executed by the Purchaser stating, among other things: (1) that the Bonds are being purchased to be held by the Purchaser for investment purposes and not to be resold, (2) that the Purchaser will not transfer the Bonds in violation of any securities laws, and (3) that the Purchaser has received the information necessary to make an informed investment decision to purchase the Bonds.

INFORMATION FROM PURCHASER: The purchaser must certify to the Town the initial offering price to the public (excluding bond houses, brokers and other intermediaries) of each maturity of the Bonds at which a substantial amount of Bonds of that maturity were sold, to enable the Town to compute the yield on the Bonds for federal arbitrage law purposes.

FURTHER INFORMATION: Further information with respect to the Bonds may be obtained from the Office of the Town Clerk of the Town of Byhalia, 161 Highway 309 South, Byhalia, Mississippi 38611.

By order of the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi.

/s/ Anna Adkins

Town Clerk, Town of Byhalia

(47-48c)


 

TRUSTEE'S NOTICE OF SALE

WHEREAS, on May 31, 2001, Elree Crane, Jr. and wife, Caldonia S. Crane, 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 282 at Page 828, thereof; and

WHEREAS, said Deed of Trust was assigned to Wells Fargo Bank Minnesota, N.A., as Trustee for registered Holders of Option One Mortgage Loan Trust 2001-C, Asset-Backed Certificates, Series 2001-C by instrument of record in the office of the aforesaid Chancery Clerk in PA Book 71 at Page 204 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 16th 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:

 

Section 31, Township 3 South, Range 2 West, Marshall County, Mississippi, Lot # 8 of Oakwood Estates Subdivision according to the plat of the survey dated December 12, 1986 and filed as plat #743-A in the records of 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 is vested in me as Trustee.

WITNESS my signature, on this the 16th day of November, 2005.

LEM ADAMS, III

TRUSTEE

PREPARED BY: ADAMS & EDENS

Foreclosure Department

POST OFFICE BOX 400

BRANDON, MISSISSIPPI 39043

(601) 825-9508

A&E File #13288

PUBLISH: November 24, December 1, 8, 15, 2005

(47-50c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

NOTICE OF SUBSTITUTED TRUSTEE’S SALE

WHEREAS, on March 15, 2000, Billy D. Crockett, executed a deed of trust to James E. Woods, Trustee for the benefit of EBI, Inc., a Mississippi corporation, which deed of trust is recorded in trust deed book 263 at page 186 in the records of the office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, EBI, Inc., beneficiary, having substituted Patricia T. Love as Trustee in the place of James E. Woods, by instrument dated October 31, 2005, recorded in Book 396 at page 152, records of Marshall County, Mississippi; and

WHEREAS, default having been made in the payment of the indebtedness secured by said deed of trust and the entire indebtedness having been declared due and payable, and the said trustee having been required and directed by EBI, Inc., the legal holder of said indebtedness, to execute the trust and sell said land under the provisions of and by virtue of the authority conferred upon said trustee by said deed of trust, I, Patricia T. Love, will, on the 16th day of December, 2005, at the South front door of the Marshall County Courthouse in Holly Springs, Mississippi, within legal hours (being between the hours of 11:00 AM and 4:00 PM) offer for sale and sell at public auction, for cash, the following described property situated in Marshall County, Mississippi, to-wit:

 

Lot 36, Shady Forest Subdivision, situated in Section 9, Township 3 South, Range 4 West, Marshall County, Mississippi, as per Plat File 861B, Chancery Clerk’s Office, Marshall County, Mississippi.

 

Conveyance of the above property will be subject to subdivision and zoning regulations in effect in Marshall County, Mississippi.

Title to said property is believed to be good, however, I will convey only such title as is vested in me as trustee.

Witness my signature, this 18 day of November, 2005

Patricia T. Love

Patricia T. Love, Substituted Trustee

P.O. Box 867

New Albany, MS 38652

662-534-4774

Publish: Nov. 24 and Dec. 1, 8, and 15, 2005

(47-50c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

TRUSTEE’S LAND SALE NOTICE

On February 23, 2005 Lee E. Fitchpatrick, executed a Purchase Money Deed of Trust, recorded in Marshall County, Holly Springs, Mississippi land records, Land Trust Deed Book 376, Page 125 conveying hereinafter described land to Lynda M. Davis, Trustee, securing their note to W. Warren Callicutt.

Debtor defaulted and legal holder accelerated the note and requested foreclosure.

As Trustee, in lawful hours, at the South door of Marshall County, Mississippi Courthouse on December 19, 2005, I will sell to highest cash bidder at public outcry the following land in Marshall County, Mississippi.

 

Farm number 22 of Early Creek Farms, containing 1.68 acres, located in Section 2, Township 2 South, Range 2 West, Marshall County, Mississippi. A plat of said subdivision is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Plat File 872B.

 

Purchaser shall pay his bid in cash at sale. I will convey only my title as Trustee.

Done this the 17th day of November, 2005.

LYNDA M. DAVIS, TRUSTEE

P.O. Box 848, Holly Springs, MS 38635

Publish November 24, Dec 1, 8 and 15, 2005

(47-50c)


 

 

PUBLIC NOTICE

A public auction will be held Thursday, December 15, 2005 at 10:00 a.m. on the premises of Gene Gossett Auto Parts, Inc. 7891 Highway 72, Byhalia, MS 38611 (three miles southeast of Collierville, TN) for the purpose of selling the following vehicles abandoned on our premises. This sale is in accordance with the State of Mississippi “Abandoned Motor Vehicle Act” Section 63-23-5 “Sale of Vehicle MS Code of 1972 as amended.

1999 Silver Mitsubishi Galant 4 door sedan VIN 4A3AA46G4XE023305

1993 White Chevrolet 3500 Truck VIN 1GCGC33K3PJ341109

(47-49c)


 

 

NOTICE OF SUBSTITUTED TRUSTEE'S SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on May 20, 2005, Mary E. Hall executed a promissory note payable to the order of Decision One Mortgage Company, LLC; and

WHEREAS, the aforesaid promissory note was secured by a Deed of Trust dated May 20, 2005, executed by Mary E. Hall, and being recorded in Book 382, at Page 411, of the records of the Chancery Clerk of Marshall County, Mississippi; and which aforesaid instrument conveys to Professional Services of Potts Camp, Inc., mistakenly referred to as Professional Services—Jennifer L. Shackelford, Trustee, the hereinafter described property; and

WHEREAS, Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC, having executed a Substitution of Trustee to substitute Floyd Healy as trustee in the place and stead of Professional Services of Potts Camp, Inc., mistakenly referred to as Professional Services—Jennifer L. Shackelford, the same having been recorded in Book 396, at Page 19, of the records of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, default having occurred under the terms and conditions of said promissory note and Deed of Trust and the holder having declared the entire balance due and payable; and

WHEREAS, Floyd Healy, Substituted Trustee in said Deed of Trust will on the 16th day of December, 2005, between the hours of 11:00 a.m. and 4:00 p.m., offer for sale and will sell at public outcry to the highest bidder for cash at the South front door of the Marshall County Courthouse in Holly Springs, Mississippi, the following described property located and situated in Marshall County, Mississippi, to wit:

 

See Exhibit "A" attached hereto.

More commonly known as: 110 Moore Loop, Byhalia, Mississippi 38611

Subject to the rights of way and easement for public roads and public utilities, and to any prior conveyance or reservation of mineral of every kind and character, including but not limited to oil, gas, sand and gravel in or under subject property.

 

As the undersigned Substituted Trustee, I will convey only such title as is vested in me under said Deed of Trust.

This 16 day of November, 2005.

Prepared by: Floyd Healy

Floyd Healy

Substituted Trustee

1405 N. Pierce, Suite 306

Little Rock, Arkansas 72207

Insertion Dates:

Nov. 24.; Dec. 1; Dec. 8; Dec. 15, 2005

 

EXHIBIT "A"

Lot No. 65 of Moore Plantation Subdivision, Second Addition, located in Section 13, Township 3 South, Range 5 West in Marshall County, Mississippi; being more particularly described as follows:

Lot No. 65 of Moore Plantation Subdivision, Second Addition, according to plat of Land Surveying Company, dated May, 2004, recorded in Plat File 1017A in the office of the Chancery Clerk of Marshall County, Mississippi.

SUBJECT TO RESTRICTIVE COVENANTS AS SHOWN ON PLAT FILE 1017A.

(47-50c)


 

 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

THERESA ELIZABETH HILL, DECEASED CAUSE NO. 05-0603A

NOTICE TO CREDITORS

Letters Testamentary having been issued to the undersigned by the Chancery Court of Marshall County, Mississippi on the 18th day of November, 2005, as Executrix of the Estate of Theresa Elizabeth Hill, deceased.

NOTICE is hereby given to all persons having claims against said estate to have the same probated, registered, and allowed by the Clerk of the Court within ninety (90) days from this date, and failure to do so, will forever bar said claim or claims.

This the 18th day of November, 2005.

SANDRA H. MILLER,

EXECUTRIX OF THE ESTATE OF

THERESA ELIZABETH HILL,

DECEASED

J. KIZER JONES

ATTORNEY AT LAW

POST OFFICE BOX 117

HOLLY SPRINGS, MISSISSIPPI 38635

PHONE: 662-252-3788

ATTORNEY FOR EXECUTRIX

(47-49c)


 

 

SUBSTITUTE TRUSTEE’S NOTICE OF SALE

WHEREAS, on December 19, 2002, Curtis Mayfield, a married man and Andrea Mayfield executed a deed of trust to CTC REAL ESTATE SERVICES, Trustee for the benefit of Countrywide Home Loans, Inc., which deed of trust is recorded in Deed of Trust Book 317 at Page 638 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 Countrywide Home Loans Servicing LP, by instrument dated May 13, 2003, and recorded in the office of the aforesaid Chancery Clerk in Book 77, at Page 698; and

WHEREAS, the aforesaid deed of trust was assigned to Countrywide Home Loans, Inc., by instrument dated August 10, 2005, and recorded in the office of the aforesaid Chancery Clerk in Book 87, at Page 293; and

WHEREAS, the aforesaid, Countrywide Home Loans, Inc., the holder of said deed of trust and the note secured thereby, substituted Cole D. Patton or Zachary A. Copp or Amy M. Merino, as Trustee therein, as authorized by the terms thereof, by instrument dated September 19, 2005, and recorded in the office of the aforesaid Chancery Clerk in Book 392 at Page 73; 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, Countrywide Home Loans, Inc., 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 expense of sale;

NOW, THEREFORE, I, Cole D. Patton or Zachary A. Copp or Amy M. Merino, Substitute Trustee in said deed of trust, will on December 20, 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 steps of the County Courthouse, in Holly Springs at Marshall County, State of Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit; SEE ATTACHED EXHIBIT "A"

Also known as 110 Laws Hill Road, Holly Springs, MS 38635

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

WITNESS MY SIGNATURE, this the 15TH day of November, 2005.

Cole D. Patton or Zachary A. Copp or Amy M. Merino

Substitute Trustee

Butler & Hosch, P.A.

13800 Montfort Drive, Suite 155

Dallas, Texas 75240

Telephone No.:(972) 233-2500

PUBLISH: Nov. 24, Dec. 01, Dec. 08, and Dec. 15, 2005.

EXHIBIT "A"

COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 3 WEST, AND RUN THENCE NORTH 1820.0 FEET TO THE POINT OF BEGINNING FOR THE LAND HEREIN CONVEYED. FROM SAID POINT OF BEGINNING, RUN THENCE NORTH 5 DEGREES 30' WEST 96.0 FEET; THENCE NORTH 86 DEGREES 0' EAST 968.0 FEET TO A POINT ON THE WEST BOUNDARY OF MISSISSIPPI STATE HIGHWAY #4; THENCE SOUTH 5 DEGREES 30' WEST, WITH THE WEST BOUNDARY OF SAID HIGHWAY 94.0 FEET; THENCE SOUTH 86 DEGREES 0' WEST 948.0 FEET TO THE POINT OF BEGINNING. SAID LOT CONTAINS 2.0 ACRES, MORE OR LESS, IN THE SOUTHEAST QUARTER OF SAID SECTION 7, AND IS MORE FULLY SHOWN, DESCRIBED AND DEPICTED UPON THAT CERTAIN PLAT AND SURVEY THEREOF PREPARED BY HALLE J. SHAW, REGISTERED LAND SURVEYOR, UNDER DATE OF MAY 17, 1971, AND ORIGINALLY RECORDED IN PLAT BOOK 9, AT PAGE 37, AND NOW REFILED AS PLAT FILE 41-B, ALL IN THE RECORDS OF THE OFFICE OF THE CHANCERY CLERK OF MARSHALL COUNTY, MISSISSIPPI.

LESS AND EXCEPT: BEGIN AT THE NORTHWEST CORNER OF AARON D. MCINTYRE AND JANIS MCINTYRE'S PROPERTY, SAID POINT IS SOUTH 2 DEGREES 11' WEST 136.0 FEET FROM STATION 536 + 57 ON THE CENTERLINE OF SURVEY OF STATE PROJECT NO. SP-0060-15; FROM SAID POINT OF BEGINNING RUN THENCE SOUTH 87 DEGREES 49' EAST ALONG THE MCINTYRES' NORTH PROPERTY LINE A DISTANCE OF 5.4 FEET TO THE PROPOSED SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID PROJECT; RUN THENCE SOUTH 47 DEGREES 11' WEST ALONG SAID PROPOSED SOUTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 7.7 FEET TO THE WEST LINE OF THE MCINTYRES' PROPERTY; RUN THENCE NORTH 2 DEGREES 11' EAST ALONG SAID WEST LINE OF THE MCINTYRES' PROPERTY, A DISTANCE OF 5.4 FEET TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS, AND ALL BEING SITUATED IN AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 3 WEST, MARSHALL COUNTY, MISSISSIPPI.

(47-50c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

VALENTINA OCTAVIA NISTOR, DECEASED

CAUSE NO.: 05-0252

DANIL NISTOR, ADMINISTRATOR

SUMMONS

THE STATE OF MISSISSIPPI

TO: THE UNKNOWN HEIRS OF VALENTINA OCTAVIA NISTOR, DECEASED

You are a necessary party in the suit filed in this Court by Danil Nistor, the duly appointed Administrator of the Estate of Valentina Octavia Nistor, Deceased, who has petitioned the Chancery Court of Marshall County, Mississippi to determine the heirs of Valentina Octavia Nistor.

You are summoned to appear and defend against the complaint or petition filed by Danil Nistor, the duly appointed Administrator of the Estate of Valentina Octavia Nistor, Deceased, in this action at 9:30 a.m. on the 13th day of January, 2006,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 for the money or other things demanded in the complaint of 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 seal of said Court, this the 17th day of November

C.W. “Chuck” Thomas,

Marshall County Chancery CLerk

P.O. Box 219

Holly Springs, MS 38635

By Madalynne Ash, DC

(47-49c)


 

NOTICE OF BOND SALE

$478,000

TOWN OF BYHALIA, MISSISSIPPI

GENERAL OBLIGATION BONDS

SERIES 2005

NOTICE IS HEREBY GIVEN that the Board of Aldermen (the "Board") of the Town of Byhalia, Mississippi (the "Town") acting for and on behalf of the Town, will receive sealed bids in its regular meeting place in the Municipal Boardroom, 161 Highway 309 South, in Byhalia, Mississippi, until the hour of 5:30 p.m. (local time) on December 6, 2005, at which time said bids will be publicly opened and read for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of Four Hundred Seventy-Eight Thousand and No/100 Dollars ($478,000) General Obligation Bonds, Series 2005, of the Town (the "Bonds").

THE BONDS: The Bonds will be dated and bear interest from December 22, 2005, or the date of delivery; will be delivered in definitive form as registered bonds; will be in the denomination of $1,000.00 each, or integral multiples thereof up to the amount of a single issuance; will be payable as to principal upon billing; and will bear interest, payable on June 15, 2006, and semiannually thereafter on June 15 and December 15 of each year, at the rate or rates offered by the successful bidder in its bid in accordance with this Notice of Bond Sale.

The Bonds have been designated as qualified tax exempt obligations of the Town for purposes of Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended.

MATURITIES: The Bonds will mature serially, with option of prior payment as set forth below, on December 15 in each of the years and amounts as follows:

 

MATURITY SCHEDULE

YEAR OF PRINCIPAL

MATURITY AMOUNT

 

2006 $14,000

2007 15,000

2008 16,000

2009 17,000

2010 18,000

2011 18,000

2012 19,000

2013 20,000

2014 21,000

2015 22,000

2016 24,000

2017 25,000

2018 26,000

2019 27,000

2020 29,000

2021 30,000

2022 32,000

2023 33,000

2024 35,000

2025 37,000

 

The Bonds maturing on December 15, 2014, and thereafter, shall be subject to redemption prior to their maturity at the option of the Town on and after June 15, 2014, upon not less than thirty (30) days' notice, in whole or in part at any time, at the par value of the Bonds to be redeemed together with accrued interest to the date fixed for redemption.

The Bonds are subject to prepayment at the Town’s option any time in whole or in part, at par plus accrued interest, upon the rendering of a final determination letter or other governmental action determining that the interest paid by the Town with respect to the Bonds is included in the income of recipients thereof for federal income tax purposes.

If less than all of a series of Bonds of like maturity are to be redeemed, the particular Bonds to be redeemed shall be selected by the Paying Agent at random in such manner as the Paying Agent, in its discretion, may deem fair and appropriate.

In the event that any Bond is to be called for redemption as aforesaid, notice of such redemption, setting forth the place or places of payment, shall be mailed by first class mail not less than 30 days nor more than 60 days prior to the date fixed for redemption to the Registered Owner of each Bond to be redeemed at the address shown on the registration books.

On the specified redemption date, all Bonds so called for redemption shall cease to bear interest and shall no longer be secured by the pledge and covenants of the Bond Resolution, provided monies for their redemption are on deposit at the place of payment at that time.

AUTHORITY AND SECURITY: The Bonds will be issued pursuant to the provisions of Sections 21-33-301 et seq. of the Mississippi Code of 1972 (the "Act"), and shall be general obligations of the Town payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct, unlimited and continuing tax to be levied annually, without limitation as to time, rate or amount upon the taxable property within the geographical limits of the Town. The Board of Aldermen of the Town of Byhalia, Mississippi, will levy annually the special tax upon all taxable property within the geographical limits of the Town in an amount adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same fall due.

PURPOSE: The Bonds are being issued to provide funds for the purpose 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, as further described in a resolution to be adopted by the Board on December 6, 2005.

FORM OF BIDS: Bids should be addressed to the Mayor and Board of Aldermen of the Town of Byhalia and delivered to the Mayor and Board of Aldermen at their aforementioned regular meeting place, should be plainly marked "Bid for General Obligation Bonds, Series 2005, of the Town of Byhalia", and should be filed with the Town Clerk of the Town on or prior to the date and hour hereinabove named. All bids should be submitted substantially in the form prepared by the Town, copies of which may be obtained from the Town Clerk of the Town at the address shown below.

INTEREST RATE AND BID RESTRICTIONS: The Bonds shall not bear a greater overall maximum interest rate to maturity than eleven percent (11%) per annum, nor shall the interest rate for any one maturity exceed eleven percent (11%) per annum. No Bond shall bear more than one (1) rate of interest; each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from date to maturity; and the lowest interest rate specified shall not be less than seventy percent (70%) of the highest interest rate specified. Each interest rate specified in any bid must be a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named.

GOOD FAITH DEPOSITS: Except as provided below, each bid for the Bonds must be accompanied by a cashier's check, certified check, or exchange, issued or certified by a bank located in the State of Mississippi, payable to the Town of Byhalia, Mississippi, in the amount of Nine Thousand Five Hundred Sixty and No/100 Dollars ($9,560.00) as a guaranty that the bidder will carry out its contract and purchase the Bonds if its bid be accepted. All checks of unsuccessful bidders will be returned immediately on award of the Bonds. The amount of the good faith check submitted by the successful bidder shall be deposited by the Town and applied against the purchase price of the Bonds. If the successful bidder fails to purchase the Bonds pursuant to its bid and contract, then the amount of such good faith check shall be retained by the Town as liquidated damages for such failure. No interest will be allowed to the successful bidder on the amount of the good faith deposit.

In lieu of a good faith check, a bidder may provide a financial surety bond issued by an insurance company rated at least "A" by Standard & Poor’s or Moody’s Investors Service, Inc. and authorized to do business in the State of Mississippi. If a financial surety bond is used, such bond must be received by the Town, 161 Highway 309 South, Byhalia, Mississippi, Attention Ms. Anna Adkins, no later than 4:30 p.m. (Central) on May 24, 2005, together with satisfactory evidence of the authority of the company issuing such financial surety bond to do business in the State of Mississippi. The financial surety bond must establish to the satisfaction of the Town that the bid of such bidder is guaranteed by such financial surety bond. If the Bonds are awarded to a bidder utilizing a financial surety bond, then the successful bidder is required to wire transfer the sum of $9,560.00 as instructed by the Town no later than 3:00 p.m. (Central) on the next business day following the award. If such wire transfer is not received by that time, demand will be made on the financial surety bond by the Town to satisfy the good faith deposit requirement.

AWARD OF BONDS: The award, if any, will be made to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest net interest cost to the Town, which shall be determined by computing the aggregate interest on the Bonds over the life of the issue at the rate or rates of interest specified by the bidder, less premium offered, if any. It is requested that each bid be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the bid. All bids shall remain firm for four (4) hours after the time specified for the opening of bids, and an award of the Bonds, or rejection of bids, will be made by the Board within said period of time.

RIGHT OF REJECTION, CANCELLATION: The Board reserves the right to reject any or all bids submitted, as well as to waive any irregularity or informality in any bid. The successful bidder shall have the right, at its option, to cancel its agreement to purchase the Bonds if the Bonds are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the Board shall return to said bidder its good faith deposit. The Board shall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) days after the tender of the Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Bonds, and in such event the Board shall retain the successful bidder's good faith deposit as liquidated damages as hereinabove provided.

PAYMENT: Both principal of and interest on the Bonds will be payable by check or draft mailed to registered owners of the Bonds as of the first day of the month of a principal and/or interest payment date for such principal or interest payment at the addresses appearing in the registration records of the Town. The Town shall serve as the initial Paying Agent. The Bonds will be transferable only upon the books of the Paying Agent, and payment of principal at maturity shall be conditioned on the proper presentation and surrender of the Bonds to the Paying Agent.

DELIVERY: The Bonds will be delivered at a place to be designated by the Purchaser and without cost to the Purchaser, and payment therefor shall be made in immediately available funds.

CUSIP NUMBERS: It is not anticipated that CUSIP identification numbers will be printed on the Bonds.

LEGAL OPINION; CLOSING DOCUMENTS: The Bonds are offered subject to the unqualified approval of the legality thereof by Watkins & Young PLLC, Jackson, Mississippi, Bond Counsel. In the opinion of Watkins & Young PLLC, interest on the Bonds are not includable in gross income for federal income tax purposes and is exempt from Mississippi income taxes under existing laws, regulations, rulings and judicial decisions with such exceptions as shall be required by the Internal Revenue Code of 1986. The Bonds have been designated as "qualified tax-exempt obligations" of the Town within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. A copy of the opinion of Bond Counsel, which will be attached to or printed on the back of each Bond, together with the usual closing documents, including a non-litigation certificate dated the date of delivery of the Bonds, evidencing that no litigation is pending in any way affecting the legality of the Bonds or the taxes to be levied for the payment of the principal thereof and interest thereon, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge. The Town will pay for all legal fees and will pay for the printing and validation of the Bonds.

INVESTMENT LETTER: The Bonds will be issued subject to the terms of an Investment Letter to be executed by the Purchaser stating, among other things: (1) that the Bonds are being purchased to be held by the Purchaser for investment purposes and not to be resold, (2) that the Purchaser will not transfer the Bonds in violation of any securities laws, and (3) that the Purchaser has received the information necessary to make an informed investment decision to purchase the Bonds.

FURTHER INFORMATION: Further information with respect to the Bonds may be obtained from the Office of the Town Clerk of the Town of Byhalia, 161 Highway 309 South, Byhalia, Mississippi 38611.

By order of the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi.

/s/ Anna Adkins

Town Clerk, Town of Byhalia

(47-48c)


 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

NOTICE OF SUBSTITUTED TRUSTEE’S SALE

WHEREAS, on January 28, 2004, Joe M. Rogers executed a promissory note payable to the order of Union Planters Bank, National Association; and

WHEREAS, the aforesaid promissory note was secured by a deed of trust dated January 28, 2004, executed by Joe M. Rogers, An Unmarried Man, to Union Planters Bank, National Association, and recorded on January 30, 2004 in Book 347 at Page 522, in the land records of Marshall County, Mississippi, Emmett James House or Bill R. McLaughlin, Trustee; and

WHEREAS, Thad J. Mueller was substituted as trustee in the place and stead of Emmett James House or Bill R. McLaughlin by Substitution of Trustee dated November 4, 2005, the same having been recorded on November 9, 2005 in Book 396 at Pages 55-56 in the land records of Marshall County, Mississippi; and

WHEREAS, default having occurred under the terms and conditions of the said promissory note and deed of trust and the holder having declared the entire balance due and payable; and

WHEREAS, Regions Bank, as Successor-By-Merger to Union Planters Bank, National Association, having directed the undersigned Substituted Trustee to sell the property under the terms and by authority conferred in the said deed of trust and by the laws of the State of Mississippi; now therefore,

I, Thad J. Mueller, Substituted Trustee, shall on the 30th day of December, 2005, during the legal hours between the hours of 11:00 a.m. and 4:00 p.m., offer for sale and will sell at public outcry to the highest and best bidder for cash at the South door of the Marshall County Courthouse, located in Holly Springs, Mississippi, the following described property located and situated in Marshall County, Mississippi, to wit:

 

TRACT 1:

5.97 acres, being Lot No. 14 North Victoria Farms Subdivision in the Northeast Quarter of Section 4, Township 3 South, Range 4 West, Marshall County, Mississippi; according to the Plat of said Subdivision as recorded in Plat Book 6 on Page 36 and re-recorded in Plat File 319B in the Office of the Chancery Clerk, Marshall County, Mississippi.

TRACT II:

6.46 acres in the Northeast Quarter, Section 4, Township 3 South, Range 4 West, Marshall County, Mississippi; being Lot No. 15 of North Victoria Farms Subdivision as recorded in Plat Book 6 on Page 36 and re-recorded in Plat File 319B in the Office of the Chancery Clerk of Marshall County, Mississippi.

 

As the undersigned Substituted Trustee, I will convey only such title as is vested in me under said deed of trust.

This the 15th day of November, 2005.

Thad J. Mueller, Substituted Trustee

(47-50c)


 

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

JOANNE COCHRAN

VS. CAUSE NO. 05-0592A

PAULINE SEAY, DECEASED AND

ALL HEIRS OF PAULINE SEAY

SUMMONS

THE STATE OF MISSISSIPPI

TO: ANY UNKNOWN HEIRS OF PAULINE SEAY

You have been made a Defendant in the suit filed in this Court by JoAnne Cochran, Petitioner, seeking a determination of heirs of Pauline Seay, deceased.

You are summoned to appear and defend against the complaint or petition filed against you in this action at 9:30 A.M. on Tuesday, the 3rd day of January, 2006, in the main 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 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 16th day of November, 2005. C.W. "CHUCK" THOMAS

MARSHALL COUNTY CHANCERY CLERK

POST OFFICE BOX 219

HOLLY SPRINGS, MISSISSIPPI 38635

BY:Karen Cook, D.C.

(47-49c)


 

 

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on October 29, 2001, WEST PROPERTIES, LLC, executed a Deed of Trust to William F. Schneller, Trustee, for the benefit of First State Bank, which Deed of Trust is filed for record in Deed of Trust Book 291, at Pages 380-382, 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 December 30, 2004, and duly filed for record January 11, 2005, at 4:00 P.M. in the office of the aforesaid Chancery Clerk in Book 372, at pages 802-803; and

WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, First State Bank, having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney's fees, Trustee's fees and expense of sale;

NOW, THEREFORE, I, J. Kizer Jones, Trustee in said deed of trust, will on the 16th 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:

A 89.55 acre tract of land in the Northeast Quarter of Section 23 and the Northwest Quarter of Section 24, Township 4 South, Range 3 West, Marshall County, Mississippi and being more particularly described as follows:

 

Commence at an iron pin found at the Northwest Corner of Section 24, Township 4 South, Range 3 West, said point being the POINT OF BEGINNING; thence North 89 degrees 40 minutes 55 seconds East 2638.02 feet along the North line of said section to a 1 1/2" pipe found at the Northeast Corner of the Northwest Quarter of said section; thence South 2 degrees 06 minutes 27 seconds East 74.91 feet to a right-of-way marker found on the North right-of-way of Mississippi Highway 4 West; (new); thence South 64 degrees 31 minutes 13 seconds West 468.80 feet along said right-of-way to a right-of-way marker; thence along a curve to the left having a chord bearing and distance of South 59 degrees 25 minutes 53 seconds West 415.16 feet; and an arc distance of 415.69 feet to a right-of-way marker; thence South 65 degrees 57 minutes 52 seconds West 374.84 feet along said right-of-way to a right-of-way marker; thence South 13 degrees 17 minutes 23 seconds West 179.15 feet along said right-of-way to a right-of-way marker; thence South 47 degrees 58 minutes 54 seconds West 549.12 feet along said right-of-way to a right-of-way marker; thence South 58 degrees 36 minutes 51 seconds West 254.39 feet along said right-of-way to a right-of-way marker; thence South 35 degrees 14 minutes 34 seconds West 206.22 feet along said right-of-way to a right-of-way marker; thence leaving said right-of-way North 77 degrees 55 minutes 54 seconds West 1476.24 feet to a 3/8" re-bar found; thence South 71 degrees 33 minutes 06 seconds West 527.54 feet to a 3/8"re-bar found; thence North 0 degrees 30 minutes 08 seconds West 580.00 feet to a 3/8" re-bar found; thence West 150.00 feet to a 3/8" re-bar found on the East right-of-way of Old Mississippi Highway 4; thence North 0 degrees 29 minutes 40 seconds West 43.17 feet along said right-of-way to a 3/8" re-bar found; thence North 0 degrees 42 minutes 33 seconds East 45.00 feet along said right-of-way to a point; thence in a curve to the right with a chord bearing and distance of North 3 degrees 39 minutes 09 seconds East 164.21 feet and an arc distance of 164.30 feet along said right-of-way; thence North 7 degrees 21 minutes 07 seconds East 107.53 feet along said right-of-way to a point; thence in a curve to the right having a chord bearing and distance of North 9 degrees 27 minutes 29 seconds East 422.73 feet and an arc distance of 422.87 feet to a 3/8" re-bar found; thence South 88 degrees 42 minutes 09 seconds East 1273.15 feet to the POINT OF BEGINNING. Said tract containing 89.55 acres, more or less (3,900,591 square feet).

The land and property herein conveyed is further shown, described and depicted upon that certain plat and survey of Donald Jeff Hollingsworth, dated October 8, 2001.

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

WITNESS MY SIGNATURE, this, the 16th day of November, 2005.

J. KIZER JONES, SUBSTITUTED TRUSTEE

PUBLISH: Nov. 24, Dec. 1, Dec. 8, and Dec. 15, 2005.

(47-50c)


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