Thursday, February 3, 2005

Legal Notices

STATE OF MISSISSIPPI
COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on October 4, 2002, BOBBY CLANTON and KATHY CLANTON, 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 312, at Pages 695-699, 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 January 16, 2004, and duly filed for record January 20, 2004, at 2:56 P.M. in the office of the aforesaid Chancery Clerk in Book 347, at pages 63-64; 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 28th day of February, 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:

Lots No. 1 and 2 of Arrington Subdivision of the East Half of Lot No. 298, according to the Plan of the City of Holly Springs, on Section 6, Township 4 South, Range 2 West, and according to Plat of Arrington Subdivision recorded in Plat File No. 41B of the records of the Clerk of the Chancery Court of Marshall County, Mississippi and including but not limited to one personal residence.

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

WITNESS MY SIGNATURE, this, the 28th day of December, 2004.

J. KIZER JONES, SUBSTITUTED TRUSTEE
PUBLISH: February 3, 10, 17, and 24, 2005.

(5-8c)


SUBSTITUTED TRUSTEE’S NOTICE OF SALE

WHEREAS, on October 2, 1998, Catherine Davis, Jon D. Davis, Jr. and Vivian E. Davis, executed a deed of trust to J. Kizer Jones, trustee for the benefit of William A. McMillan, Sr., which deed of trust is recorded in Deed of Trust Book 241 at Page 860 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 Factory Direct Cabinets, Inc. dba Western Secured Investments Company by instrument dated April 15, 1999, and recorded in the office of the aforesaid Chancery Clerk in Book 59 at Page 500; and

WHEREAS, the aforesaid deed of trust was assigned to Private Mortgage Investment Services, Inc. by instrument dated June 11, 1999, and recorded in the office of the aforesaid Chancery Clerk in Book 61 at Page 422; and

WHEREAS, the aforesaid deed of trust was assigned to First National Acceptance Company of North America by instrument dated October 4, 1999, and recorded in the office of the aforesaid Chancery Clerk in Book 67 at Page 558; and

WHEREAS, the aforesaid, First National Acceptance Company of North America, 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 August 27, 2002 and recorded in the office of the aforesaid Chancery Clerk in Book 310 at Page 386; and

WHEREAS, the aforesaid deed of trust was assigned to GPE, Inc. by instrument dated December 8, 2004, and recorded in the office of the aforesaid Chancery Clerk in Book 84 at Page 601; 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, GPE, Inc., 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, Substituted Trustee’s fees and expense of sale;

NOW, THEREFORE, I, John C. Underwood, Jr., Substituted Trustee, in said deed of trust, will on the 28th day of February, 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:

Lot No. 11 of McMillan/Stratmon Estate Phase I Subdivision, according to the Plat File No. 827 A&B, filed for record June 19, 1997, at 9:50 A.M. located in the City of Holly Springs, in Section 36, Township 3 South, Range 3 West, Marshall County, Mississippi.I WILL CONVEY only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 18th day of January, 2005.

John C. Underwood, Jr.
SUBSTITUTED TRUSTEE

Control #04111282

PUBLISH: 02/03, 02/10, 02/17, 02/24/2005

(5-8c)


IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI

CARRIE TEDFORD DAVIS PLAINTIFF
  VS. NO. 05-0043
JERRY WAYNE DAVIS DEFENDANT

SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI
TO: JERRY WAYNE DAVIS

You have been made a Defendant in the suit filed in this Court by Carrie Tedford Davis Seeking a Divorce.

You are required to mail or hand deliver a written response to the Complaint filed against you in this action to D. Reid Wamble, Attorney for Plaintiff, whose Post Office Box 416; Holly Springs, Mississippi 38635, and whose street address is 109 East Van Dorn Avenue, Holly Springs, Mississippi.

Your Response must be mailed or delivered not later than thirty days after the 3rd day of February, 2005, which is the date of the first publication of this Summons. If your Response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the Complaint.

You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward.

Issued under my hand and the seal of said Court, this the 24th day of January, 2005.

C.W. "Chuck" Thomas, Chancery Clerk
P.O. Box 219

Holly Springs, MS 38635

By: Karen Cook, D.C.

Deputy Clerk

(5-7c)


IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF:
THE ESTATE OF
ROBERT ROLAND HARDISON, JR.,

DECEASED CAUSE NO. 05-0006

NOTICE TO CREDITORS

Letters Testamentary having been granted on January 28, 2005, in the Chancery Court of Marshall County, Mississippi to the undersigned Administratrix, Norma Christine Hardison Martin, of The Estate Of Robert Roland Hardison, Jr., Deceased, Notice is hereby given to all persons having claims against the Estate to present the same to the Clerk of the Court of Probate and Registration, according to Law, within ninety (90) days from the first publication of this Notice, or they will be forever barred.

This the 28th day of January, 2005.

Norma Christine Hardison Martin
NORMA CHRISTINE HARDISON MARTIN

ADMINISTRATRIX

Prepared by:
Eric. L. Sappenfield, Attorney at Law

Attorney for Petitioner

6858 Swinnea Road

5 Rutland Place

Southaven, MS 38671

662-349-3436

(5-7c)


SUBSTITUTE TRUSTEE'S NOTICE OF SALE

WHEREAS, on December 30, 2002, Jerry D. Jones and Sheila K. Mayfield executed a Deed of Trust to John M. Mercer as Trustee for the benefit of Saxon Mortgage, Inc., which Deed of Trust was recorded in Deed of Trust Book 318, Page 775 in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, Saxon Mortgage, Inc. assigned said Deed of Trust to Deutsche Bank Trust Company Americas pursuant to an Assignment of Deed of Trust dated December 30, 2002 and recorded in Power of Attorney Book 76, Page 84 in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, Deutsche Bank Trust Company Americas, the holder of said Deed of Trust and the Note secured thereby, substituted J. Kizer Jones as Trustee therein, as authorized by the terms thereof, as evidenced by an instrument dated December 9, 2004, and recorded in Book 373, Pages 220-221 in the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, default having been made in the terms and conditions of said Deed of Trust, and the entire debt secured thereby having been declared to be due and payable, and the legal holder of said indebtedness, Deutsche Bank Trust Company Americas, having requested the undersigned Substitute Trustee to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder, together with attorney's fees, Substitute Trustee's fees and expenses of sale.

NOW, THEREFORE, I, J. Kizer Jones, Substitute Trustee, will on March 3, 2005, offer for sale at public outcry to the highest bidder for cash, within legal hours (between the hours of 11:00 a.m. and 4:00 p.m.) at the South door of the Marshall County Courthouse in Holly Springs, Mississippi, the following-described property:

Lot Number 43 of Smith Mill Farms (Phase II), containing 3.31 acres, located in the Northwest Quarter of Section 27, Township 2 South, Range 4 West, Marshall County, Mississippi. A plat of said subdivision is recorded in the office of the Chancery Clerk in Plat File 875 B.

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

WITNESS my signature on this the 28th day of January, 2005.

/s/ J. Kizer Jones
Substitute Trustee

115 Market Street

Holly Springs, Mississippi 38635

Telephone No. (662) 252-3788

THIS DOCUMENT PREPARED BY:
DYKE, HENRY, GOLDSHOLL & WINZERLING, P.L.C.

555 Plaza West - 415 North McKinley

Little Rock, Arkansas 72205

Telephone No. (501) 661-1000

DHG&W No. 23468G

PUBLISH ON THESE DATES:
Feb. 3, Feb. 10, Feb. 17, Feb. 24, 2005

(5-8c)


LEGAL NOTICE

We, Teresa Moss, James Bell, the partners of The Liquor Shop, LLC, intend to make application for a Package Retailer permit as provided for by the Local Option Alcoholic Beverage Control Laws 67-1-1 et. seq., Mississippi Code of 1972, Annotated. If granted permit, we propose to operate as a partnership, LLC, under the tradename of The Liquor Shop, LLC located at 515 D, Hwy 178 E, Holly Springs, of Marshall County.

The name(s), title(s), and address(es) of all owners, partners, officers, and/or major stockholders of the above named business are James A. Bell, owner, 174 Chatham, Holly Springs, MS 38635; Teresa Moss, 1045 Woodward Ave., Holly Springs, MS 38635. This the 1 day of February, 2005.

(5-6p)


NOTICE

The following vehicles will be auctioned February 16, 2005. 79A Bubba Taylor Rd. Byhalia MS. 1999 Kia Sportage VIN KNDJB7231X560568; 1992 Geo Tracker VIN 2CNBE18U0N6942700. Owners or Lienholders have three weeks from date of first ad to claim this vehicle and pay all charges. Failure to exercise this right will be deemed a waiver of all rights, title and interest in this vehicle and consent to sell at auction. Any bid may be rejected.

Starling Nunnally
662-838-6364

P.O. Box 270
Byhalia, MS

(5-7p)


SUBSTITUTED TRUSTEE’S NOTICE OF SALE

WHEREAS, on June 9, 2003, Tammy Sides, executed a deed of trust to Everett L. Anschutz, Jr., trustee for the benefit of Homestead Mortgage, L.L.C., which deed of trust is recorded in Deed of Trust Book 330 at Page 87 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 June 9, 2003, and recorded in the office of the aforesaid Chancery Clerk in Book 78 at Page 37; and

WHEREAS, the aforesaid deed of trust was assigned to JPMorgan Chase Bank, as Trustee by instrument dated June 9, 2003, and recorded in the office of the aforesaid Chancery Clerk in Book 80 at Page 468, corrected and re-recorded in Book 80 at Page 683; 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 March 25, 2004 and recorded in the office of the aforesaid Chancery Clerk in Book 352 at Page 154, corrected and re-recorded in Book 371 at Page 571; 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 attorney’s fees, Substituted Trustee’s fees and expense of sale;

NOW, THEREFORE, I, John C. Underwood, Jr., Substituted Trustee, in said deed of trust, will on the 28th day of February, 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:

A 0.639 acre, more or less, tract of land being part of Lot 367 according to the plan of Holly Springs all in Section 6, Township 4 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows: Commence at the Northeast corner of Lot 363; thence S 89 21' 47" E 633.04 feet along the South right-of-way of Van Dorn Avenue to a 3/8" re-bar found, said point being the Point Of Beginning; thence S 89 21'47" E 77.04 feet, along said right-of-way to a 1/2" re-bar set; thence S 0 20' 07" W 211.74 feet, to a 3/8" re-bar found; thence N 89 35' 32" E 68.87 feet, to a 3/8" re-bar found; thence S 0 22' 15" W 72.27 feet, to the North right-of-way of Gholson Avenue (unimproved); thence N 89 07'14" W 154.24 feet, to a 1/2" re-bar set; thence N 2 02' 12" E 282.18 feet, to the Point of Beginning. Said tract containing 0.639 acre, more or less (sq. ft. 27,851).I WILL CONVEY only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 14th day of January, 2005.

John C. Underwood, Jr.
SUBSTITUTED TRUSTEE

Control #04121399

PUBLISH: 02/03, 02/10, 02/17, 02/24/2005

(5-8c)


NOTICE OF TRUSTEE'S SALE OF LAND

Under and by virtue of the authority vested in me as Trustee in that certain Land Deed of Trust dated October 1, 2003, executed by Larry E. Toler and wife, Earnestine Tolar, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Gary W. Barnett, Sherry W. Barnett, G. Heath Barnett and Anita G. Barnett, said Deed of Trust being of record in Land Deed of Trust Book 340 pages 461-464 of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi; and default having been made in the payment of the indebtedness thereby secured, and the undersigned having been requested by the legal holder of said indebtedness to foreclose said Deed of Trust, notice is hereby given that I, as Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Court-house, in the City of Holly Springs, Mississippi, on Friday, February 25, 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:

A 5.81 acre tract of land being Farm No. 10 Deer Ridge Farms (unrecorded) all in Section 11, Township 5 South, Range 4 West, Marshall County, Mississippi and being more particularly described as follows:

Commence at a p-k nail set at the Southwest Corner of Section 11, Township 5 South, Range 4 West, said point being in Mississippi Highway 4; thence N 0 46' 47" W 1299.87 feet, to a 1/2" re-bar set; thence East 1887.11 feet to a 1/2" re-bar set, said point being the POINT OF BEGINNING; thence East 200.00 feet to a 1/2" re-bar set; thence South 1266.91 feet to a 1/2" re-bar set on the North right-of-way of said highway; thence N 89 46' 15" W 200.00 feet along said right of way to a 1/2" re-bar set; thence North 1266.11 feet to the POINT OF BEGINNING. Said Farm No. 10 containing 5.81 acres, more or less (253,299 sq. ft.).

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 31st day of January, 2005.

William F. Schneller, Trustee
Publishing Dates: February 3, 10, 17, and 24, 2005

(5-8c)


STATE OF MISSISSIPPI
COUNTY OF MARSHALL

NOTICE OF TRUSTEE’S SALE

WHEREAS, on the 15th day of March, 2003, Francis G. Urbina, executed a deed of trust to Patricia T. Love, Trustee for the benefit of Looxahoma Properties, Inc., a Mississippi corporation, which deed of trust is recorded in trust deed book 325 at pages 25-27 in the records of the office of the Chancery Clerk 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 Looxahoma Properties, Inc., the legal holder of said indebtedness, to execute the trust and sell said land under the provision of and by virtue of the authority conferred upon said trustee by said deed of trust, I, Patricia T. Love, will, on Thursday, the 25th day of February, 2005, at the North front door of the Marshall County Courthouse in Holly Springs, Mississippi, within legal hours (being between the hours of 11:00 A.M. and 4:00 P.M.) offer for sale and sell at public auction, for cash, the following described property situated in Marshall County, Mississippi, to-wit:

Lot 21, First Addition, Frank Young Subdivision, situated in the South 1/2 of Section 8, Township 3 South, Range 4 West, Marshall County, Mississippi, as shown by plat of record in Plat File 785-A in the office of the Chancery Clerk, 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 31st day of January, 2005.

Patricia T. Love
Patricia T. Love

P.O. Box 867

New Albany, MS 38652

662-534-4774

Publish: February 3, 10, 17 & 24, 2005.

(5-8c)


Legals Page 2


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