Thursday, December 15, 2005

Legal Notices

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE

OF LOUISE HIGHTOWER, DECEASED

NO. 05-0542A

JANIS HIGHTOWER, ET AL., ADMINISTRATRIX

NOTICE TO CREDITORS

Letters of Administration having been granted on the 15th day of November, 2005, by the Chancery Court of Marshall County, Mississippi, to the undersigned, upon the estate of Louise Hightower, deceased, notice is hereby given to all persons having claims against said estate to present the same to the Clerk of said Court for probate and registration according to law within ninety (90) days from this date, or they will be forever barred.

Witness my signature, this the 9th day of December, 2005.

JANIS HIGHTOWER,

Administratrix

William F. Schneller

JONES & SCHNELLER, PLLC

P.O. Box 417

Holly Springs, Mississippi 38635

Attorneys for Administratrix

(50-52c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE

OF LOUISE HIGHTOWER, DECEASED NO. 05-0542A

JANIS HIGHTOWER, ET AL., PETITIONERS

SUMMONS IN RULE 81 ACTIONS

TO:

The Unknown Heirs of Louise Hightower

You have been made Defendants in the suit filed in this Court by Janis Hightower, Petitioner, seeking partition and sale of real estate located and situated in Marshall County, Mississippi and more particularly described in the Petition to Determine Heirship.

You are summoned to appear and defend against the complaint or petition filed against you in this action at 9:30 o'clock, A.M., on the 27th 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 against you for the money or other things demanded in the complaint or petition.

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

Issued under my hand and the seal of said Court, this the 9th day of December, 2005.

C.W. "CHUCK" THOMAS, CHANCERY CLERK

OF MARSHALL COUNTY, MISSISSIPPI

By Karen Cook, D.C.

Publish: Dec. 15, Dec. 22, and Dec. 29

Jones & Schneller, PLLC

(50-52c)


NOTICE

To Andre Isom, owner of a F100 truck VIN #F10YLA92837 will be sold on Dec. 30, 2005 for storage and repair fees if not paid in full.

Tony Miller

(50-52p)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MS

RE: ADMINISTRATION OF THE

ESTATE OF MARY MALONE

JEFFRIES; DECEASED CAUSE NO. 05-0595R

NOTICE TO CREDITORS

Notice is hereby given to all persons having claims against the Estate of Mary Malone Jeffries, deceased, that Letters of Administration have been on this day granted to the undersigned Administratrix of the Estate of Mary Malone Jeffries, deceased, by the Chancery Court of Marshall County, Mississippi, and all persons having claims against said Estate are required to have the same probated and registered, according to law, by the Clerk of said Court within ninety (90) days after the date of the first publication of this Notice, or the same shall be forever barred.

WITNESS MY HAND this 22nd day of November, 2005.

Michelle Kinkle

MICHELLE KINKLE

Publication Dates: December 1, 8, 15 - 2005

MICHAEL D. COOKE, PLLC

ATTORNEY FOR ADMINISTRATRIX AND ESTATE

POST OFFICE BOX 625

IUKA, MS 38852

(601) 432-2000

(50-52c)


Marshall County School District requests sealed bids on a surveillance camera system to be installed at Byhalia High School. For technical specs call Janet West at 662-252-4271, or e-mail mcsd@mcs.k12.ms.us. Bids due in office of Superintendent of Ed., 158 E. College Ave., Holly Springs, MS 38635, no later than 10:00 a.m., Wed., Jan 4, 2006. Marshall County Board of Education reserves the right to refuse any and all bids.

(50-51c)


THERE CAME on for consideration by the Mayor and Board of Aldermen (the “Governing Body”) of the City of Holly Springs, Mississippi (the “City”), the matter of the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006, and a resolution regarding such Tax Increment Financing Redevelopment Plan. After a full consideration of the matter, Alderman Liddy offered and moved, seconded by Alderman Johnson, the adoption of the following Resolution:

RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HOLLY SPRINGS, MISSISSIPPI, DETERMINING THE NECESSITY FOR AND INVOKING THE AUTHORITY GRANTED TO MUNICIPALITIES BY THE LEGISLATURE WITH RESPECT TO TAX INCREMENT FINANCING AS SET FORTH IN CHAPTER 45 OF TITLE 21, MISSISSIPPI CODE OF 1972, AS AMENDED, DETERMINING THAT A PUBLIC HEARING BE CONDUCTED IN CONNECTION WITH THE TAX INCREMENT FINANCING REDEVELOPMENT PLAN, CITY OF HOLLY SPRINGS, MISSISSIPPI 2006, AND FOR RELATED PURPOSES.

WHEREAS, the Mississippi “Tax Increment Financing Act”, Title 21, Chapter 45, Mississippi Code of 1972, as amended (The “Act”), authorizes municipalities and counties in the State of Mississippi to undertake and carry out redevelopment projects as defined therein with the use of Tax Increment Financing as set forth in detail in the Act;

WHEREAS, the Governing Body of the City will receive the Tax Increments Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006, the purpose of which is to provide a financing mechanism to develop and redevelop various areas of the City;

WHEREAS, this Governing Body of the City has identified various parts of the City in need of development, redevelopment, rehabilitation, and conservation in the public interest of the public health, safety, morals, and welfare of the City;

WHEREAS, this Governing Body of the City does hereby approve the concept of the use of ad valorem tax increases to be used to service Tax Increment Financing Debt Obligations to be set forth in the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006; and

WHEREAS, this Governing Body of the City does hereby approve the concept of the use of ad valorem tax increases to be used to service Tax Increment Financing Debt Obligations to be set forth in the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006; and

WHEREAS, the Governing Body of the City will conduct a public hearing on the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006, as required by law, which Plan constitutes a qualified plan under the Act;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City, as follows:

SECTION ONE: That a public hearing of the City shall be held with respect to the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006, in the regular meeting place of this Governing Body at 5:30 p.m. on the 3rd day of January 2006.

SECTION TWO: That the Clerk is hereby directed to publish the following notice in the “South Reporter” three times over three consecutive weeks, the last publication of which shall not be more than seven (7) days prior to the date set forth in Section One above.

A copy of the Redevelopment Plan, including a map of the Redevelopment Area, will be available for examination in the office of the City Clerk at City Hall, 160 South Memphis Street, Holly Springs, Mississippi.

The motion having received the affirmative vote of a majority of all the members of the Governing Body present, the Mayor declared the motion carried and the Resolution adopted on this the 6th day of December, 2005.

Alderman Timothy Liddy voted yes

Alderman Russell Johnson voted yes

Alderman Naylond Hayes voted absent

Alderman Garrie Colhoun voted yes

Alderman Nancy Hutchens voted yes

ATTEST APPROVED

Belinda McDonald Andre’ DeBerry

City Clerk Andre’ DeBerry, Mayor

(50-52c)


NOTICE OF PUBLIC HEARING

TAX INCREMENT FINANCING

REDEVELOPMENT PLAN

CITY OF HOLLY SPRINGS, MISSISSIPPI, 2005

Notice is hereby given that a public hearing will be held by the Mayor and Alderman of the City of Holly Springs on Jan. 3, 2006, at 5:30 p.m. in the Board Room at City Hall, 160 South Memphis Street, Holly Springs, Mississippi, on the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006.

The general scope of the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006, is outlined as follows: The Redevelopment Plan is to be implemented by the City of Holly Springs. The techniques to be used to meet the objectives of the Redevelopment Plan include: (a) rehabilitation of structures; (b) acquisition of real property within the Redevelopment Area; (c) demolition and removal of buildings; (d) construction of improvements on vacant or cleared lands; (e) redevelopment; (f) consolidation of title; (g) elimination of environmental deficiencies and blighting influences (including physical conditions, ownership patterns, and non-conforming land uses, which prevent or restrict development within the Redevelopment Area in accordance with the Redevelopment Plan); (h) construction of off-street parking facilities; and (i) encouragement of rehabilitation and redevelopment by private enterprise, including the making of loans from the proceeds of revenue bonds or notes to finance repair rehabilitation of buildings or other improvements, acquisition of real property, demolition and removal of buildings and improvements, and construction of improvements in the Redevelopment Area in accordance with the Redevelopment Plan. The Redevelopment Plan includes restrictions with respect to land uses, maximum densities, building requirements, off-street parking, and loading or unloading space.

A copy of the Tax Increment Financing Redevelopment Plan, City of Holly Springs, Mississippi, 2006, is on file in the office of the City Clerk of the City and available for inspection and review by the general public.

(50-52c)


NOTICE OF TRUSTEE'S SALE OF LAND

Under and by virtue of the authority vested in me as Trustee in that certain Deed of Trust dated August 16, 2001, executed by Richard S. Wilson, unto William F. Schneller as Trustee, to secure an indebtedness therein described to W. Thomas Hurdle, said Deed of Trust being of record in Land Deed of Trust Book 287 pages 151-155; said Deed of Trust was as-signed to First State Bank by Assignment dated October 25, 2002 and recorded in Land Deed of Trust Book 387 pages 50-57 all in the land records of the Clerk of the Chancery Court of Marshall County, Mississippi; and default having been made in the payment of the indebtedness thereby secured, and the undersigned having been requested by the legal holder of said indebtedness to foreclose said Deed of Trust, notice is hereby given that I, as Trustee afore-said, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, January 6, 2006 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:

I

A tract of land located in the Southwest Quarter of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows, to-wit:

Commence at a steel fence post found at the Southwest corner of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi; run thence North 43 02' 37" East 1171.01 feet to a point in Colston Road said point being the point of beginning; run thence along said road the following calls: North 07 37' 41" East 7.32 feet to a point; North 16 47' 58" East 159.49 feet to a point; North 20 55' 51" East 42.56 feet to a point; run thence East leaving said road, (passing a 1/2" rebar set on line at 40.00 feet) for a distance of 1813.62 feet to a 1/2" rebar set; run thence South 00 10' 57" East 199.69 feet to a 1/2" rebar set; run thence West 1876.52 feet to the point of beginning; said point referenced by a 1/2" rebar set at 40.00 feet back on line. Said tract contains 8.47 acres more or less and is identified at Tract 9. Subject to Marshall County Zoning and Subdivision Regulations. Subject to all road and utility right of way and easements.

II

A tract of land located in the Southwest Quarter of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows, to-wit:

Commence at a steel fence post found at the Southwest corner of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi; run thence North 36 46' 07" East 1566.91 feet to a point in Colston Road, said point being the point of beginning; run thence East 1736.60 feet (passing a 1/2" rebar set at 40.00 feet on line) to a 1/2" rebar set; run thence South 00 10' 57" East 199.69 feet to a 1/2" rebar set run thence West 1813.62 feet to a point in Colston road; (said point referenced by a 1/2" rebar set at 40.00 feet back on line) run thence North 20 55' 51" East along said road 213.80 feet to the point of beginning. Said tract contains 8.14 acres more or less and is identified as Tract 10. Subject to Marshall County Zoning and Subdivision regulations. Subject to all road and utility right of way and easements.

III

A tract of land located in the Southwest Quarter of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi; and being more particularly described as follows, to-wit:

Commence at a steel fence post found at the Southwest corner of Section 35, Township 3 South, Range 2 West, Marshall County, Mississippi: run thence North 36 46' 07" East 1566.91 feet to a point in Colston Road, said point being the point of beginning; run thence along said road the following calls: North 20 55' 51" East 14.59 feet to a point; North 18 50' 41" East 196.72 feet to a point; run thence North 89 59' 56" East leaving said road (passing through a 1/2" rebar found on line at 30.00 feet) for a distance of 1667.52 feet to a 1/2" rebar found; run thence South 00 04' 13" East 157.46 feet to a concrete monument found; run thence South 00 10' 57" East 42.37 feet to a 1/2" rebar set; run thence West 1736.60 feet to the point of beginning. Said point reference by a 1/2" rebar set at 40.00 feet back on line. Said tract containing 7.80 acres more or less and is identified as Tract 11. Subject to Marshall County Zoning and Subdivision Regulations. Subject to all road and utility right of way and easements.

ALSO KNOWN AS: 296 COLSTON ROAD, HOLLY SPRINGS, MS 38635

PARCEL NUMBER: 87-35-4.04

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 7th day of December, 2005.

William F. Schneller, Trustee

Publishing Dates: Dec. 15, 22, 29, 2005 and Jan. 5, 2006

(50-1c)


SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 23rd day of June, 2004, Rodney G. Yarbrough and Linda M. Yarbrough, husband and wife, executed and delivered a certain Deed of Trust unto Everett L. Anschutz, Jr., Trustee for Mortgage Electronic Registration Systems, Inc., 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 359 at Page 87; and

WHEREAS, on the 12th day of May, 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 382 at Page 57; 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 11th day of January, 2006, 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:

Attached to file: 96-00616744

Lot No. 8 of Whaley Acres Subdivision of Section 32, Township 5 South, Range 1 West, according to plat of said subdivision recorded in Plat File no. 402A of the records of the Clerk of the Chancery Court of Marshall County, MS; containing 3 acres, more or less.

BEING THE PROPERTY CONVEYED IN Warranty Deed from J.M. Ash to Rodney G. Yarbrough and Wife, Linda M. Yarbrough, dated 12/16/1993, recorded 12/29/1993, in Deed Book 256, Page 414, in the Clerk of Chancery Court for Marshall County, Mississippi.

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

WITNESS MY SIGNATURE, this day December 12, 2005

Emily Kaye Courteau

SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

KC/F05-0717 

PUBLISH: 12-15-05/12-22-05/12-29-05/1-05-06

(50-1c)


RESOLUTION TO AMEND THE COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF HOLLY SPRINGS, MISSISSIPPI, BY CHANGING

THE HEIGHT OF COMMERCIAL BUILDINGS AND PROVIDING NOTICE OF PUBLIC HEARING TO

CONSIDER SAID CHANGE

WHEREAS, the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, have determined that a change in the classification of commercial building heights from 35 feet to 75 feet in the industrial zone is necessary and is advisable and in the best interests of the municipality and its inhabitants;

WHEREAS, by previous ordinance, certain amendments and changes were contemplated and allowed by giving at least fifteen (15) days’ notice of a public hearing to consider any proposed change or amendment;

WHEREAS, the City Board of Aldermen do, hereby give notice that a public hearing will be held on Tuesday, the 3rd day of January, 2006, at 5:40 P.M., at the Board Room at City Hall, located at 160 South Memphis Street, Holly Springs, Mississippi;

NOW, THEREFORE, BE IT RESOLVED, that, this Resolution shall be adopted and published once each week for three (3) consecutive weeks in The South Reporter, a legal publication, the first publication being at least fifteen (15) days prior to the public hearing noticed herein.

Alderman Johnson moved to adopt said Resolution, seconded by Alderman Liddy.

The Resolution was put to a roll-call vote by the Mayor, and the result was as follows:

Alderman Colhoun voted Yes.

Alderman Hayes voted Absent.

Alderman Hutchens voted Yes.

Alderman Johnson voted Yes.

Alderman Liddy voted Yes.

The motion having received the affirmative vote of the majority of the members present, the Mayor of the City of Holly Springs, Mississippi, declared the motion carried and the Resolution adopted on this the 6th day of December, 2005.

CITY OF HOLLY SPRINGS, MISSISSIPPI

/S/ ANDRE DEBERRY, MAYOR

ATTEST:

/S/BELINDA HOLLOWAY, CITY CLERK

(50-52c)


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