Thursday, February 17, 2005

Legal Notices

NOTICE OF TRUSTEE'S SALE

WHEREAS, on the 13th day of November, 2000, IVORY FAULKNER executed and delivered a land deed of trust to Diane G. Taylor, Trustee for the benefit of MARK ANDERSON, Beneficiary, which is recorded in Trust Deed Book No. 273, at page203-205 in the office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, on the 5th day of August, 2004, Mark Anderson assigned the note and deed of trust executed by Ivory Faulkner to First State Bank, by instrument recorded in Power of Attorney Book No. 83, at page 163 in the office of the Chancery Clerk of Marshall County, Ms; and

WHEREAS, on the 14th day of February, 2005, First State Bank re-assigned the above note and deed of trust to Mark Anderson by instrument recorded in Power of Attorney Book No. 85 at page 350 in the office of the Chancery Clerk of Marshall County, MS; and

WHEREAS, on the 15th day of February, 2005, Mark Anderson appointed Jennifer L. Shackelford as Substituted Trustee in lieu of Diane G. Taylor, which Appointment of Substituted Trustee is recorded in Trust Deed Book No. 375 at age 591 in the office of the Chancery Clerk of Marshall County MS; 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, MARK ANDERSON 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 expenses of sale;

NOW, THEREFORE, I, JENNIFER L. SHACKELFORD, as Substituted Trustee in said deed of trust will on the 22nd day of March, 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, Marshall County, Mississippi, the following described property situated in Marshall County, Mississippi, described as:

INDEXING: LOT 24, WESTLAKE VILLAGE SUBDIVISION LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 3 SOUTH, RANGE 2 WEST, IN THE CITY OF HOLLY SPRINGS, MARSHALL COUNTY, MISSISSIPPI; being more particularly described as follows:

Lot 24, as shown in Plat No. 868A of the Westlake Village Subdivision, according to the plat thereof on file in the office of the Chancery Clerk of Marshall County, Mississippi, plat of which was prepared by Elliot and Britt Engineering, Larry L. Britt, Registered Surveyor, No. PLS# 2078, PE #7193, dated April 17, 2000, referenced to which plat is hereby made in aid of this description.

SUBJECT TO: Rights of way and easements for public road and utilities.

SUBJECT TO: Laws, ordinances and regulations which govern the use and occupancy of this land enacted by the United States of America, the State of Mississippi and its political subdivisions, and particularly including the subdivision regulations and zoning ordinances adopted by ordinances of the Board of Supervisors of Marshall County, Mississippi, none of which render title unmarketable.

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

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

JENNIFER L. SHACKELFORD,

SUBSTITUTED TRUSTEE

(8-11c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

VENNIE LUCILLE GREER NO. 04-0259

LLOYD B. CLARK EXECUTOR

NOTICE TO CREDITORS

Whereas, on the 31st day of January, A.D., 2005, Letters Testamentary were granted to the undersigned Lloyd B. Clark, by the Chancery Court of Marshall County, Mississippi on the goods, chattels and Estate of Vennie Lucille Greer, 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 the first publication of this notice or they will be forever barred. The address of the Clerk is as follows: Chuck Thomas, Marshall County Chancery Clerk, P.O. Box 219, Holly Springs, MS 38635.

This the 18th day of February, A.D., 2005.

LLoyd B. Clark

LLoyd B. Clark, Executor of

the Estate of Vennie Lucille Greer, Deceased

Of Counsel:

Boyd P. Atkinson

Boyd P. Atkinson

Attorney for Estate

P.O. Box 427

Cleveland, MS 38732

(662) 843-9766

(8-11c)


LEGAL NOTICE FOR OPEN PUBLIC HEARING

DPS-M002-002-00(003)

MARSHALL COUNTY

The Mississippi Department of Transportation (MDOT) has scheduled an open forum public hearing to discuss proposed plans to widen US Highway 72 to a four-lane facility from State Route 302 to the Tennessee State Line. The hearing will take place from 4-7 p.m. at the Byhalia High School Cafeteria, 278 Highway 309 North Byhalia, Miss.

Citizens are invited to come and go as they please during the hours of the hearing to view the department's alternatives and to speak to MDOT representatives concerning design, right-of-way acquisition, and environmental issues. Although there will be no provisions made for formal presentations by individuals or groups, citizens are encouraged to make written and/or taped comments that will become part of the hearing’s permanent record.

The Draft Environmental Assessment document will be available for public inspection at the Mississippi Department of Transportation Administrative Office Building, Environmental/Location Division, 401 Northwest Street, Jackson, MS; the MDOT District Two Office, Batesville, MS; MDOT District Two Project Office, Holly Springs, MS; Byhalia Mayor's Office, Byhalia, MS; Marshall County Chancery Clerk's Office, Holly Springs, MS; Marshall County Board of Supervisors, Holly Springs, MS; Ruth B. French Public Library, Byhalia, MS and the Federal Highway Administration, 666 North Street, Suite 105, Jackson, MS

Any individual who needs auxiliary aids or special accommodations to attend the hearing should call the MDOT Environmental Division at (601) 359-7920.

E. Claiborne Barnwell

Environmental Division Engineer

Miss. Dept. of Transportation

(8c)


TRUSTEE'S NOTICE OF SALE

WHEREAS, on September 21, 1999, Janet Mitchell, executed a Deed of Trust to James E. Woods, Trustee for the benefit of Kelly Crain and Patrick Woods, which Deed of Trust is recorded in Trust Deed Book 256, Page 672-675, in the Office of the Chancery Clerk of Marshall County, Mississippi, and

WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deed of Trust, and the holder of said indebtedness, Kelly Crain and Patrick Woods, having requested the undersigned Trustee to execute the trust and sell the said land in accordance with the Deed of Trust.

NOW, THEREFORE, I, James E. Woods, Trustee, under the provisions of and by virtue of the authority conferred upon me in said Deed of Trust, will, on the 18th day of March, 2005, 2005, offer for sale at public outcry and sell, within legal hours, between the hours of 11:00 a.m. and 4:00 p.m. at the South door of the County Courthouse of Marshall County, at Holly Springs, Mississippi, for cash, to the highest and best bidder, the following described land situated in Marshall County, Mississippi, to-wit:

4.70 acres, in Section 15, Township 3 South, Range 5 West, Marshall County, Mississippi, Being Lot Number 57 of Country View Farms Subdivision, Phase III, a plat of which is recorded in Plat File 660-A in the Office of the Chancery Clerk of Marshall County, Mississippi.

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

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

JAMES E. WOODS

TRUSTEE

Publish: Feb. 24, March 3, March 10 and March 17, 2005

(8-11c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE

OF EDITH MOFFITT, DECEASED NO. 04-0030A

PEGGY SHANNON, PETITIONER

VS.

THE UNKNOWN HEIRS OF EDITH

MOFFITT AND MARY CUNNINGHAM DEFENDANTS

SUMMONS IN RULE 81 ACTIONS

TO: The Unknown Heirs of Edith Moffitt, Deceased.

You have been made Defendants in the suit filed in this Court by Peggy Shannon, Petitioner, seeking determination of the heirs at law of Edith Moffitt, Deceased. You are the only Defendants in this action.

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 22nd day of April, 2005, in the courtroom of the Marshall County Courthouse at Holly Springs, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the complaint or petition.

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

Issued under my hand and the seal of said Court, this the 22 day of Feb., 2005.

C.W. "CHUCK" THOMAS, CHANCERY CLERK

OF MARSHALL COUNTY, MISSISSIPPI

By Madalynne Ash, D.C.

Publish: February 24, March 3, and March 10, 2005.

Jones & Schneller, PLLC

(8-10c)


Notice

The Marshall County Planning Commission will meet for their regularly scheduled meeting on Thursday, March 10, 2005, at 2:00 p.m. in the Zoning Office at 590 Old Highway 78-East, Holly Springs, Mississippi. The public is invited to attend.

The following requests will be on the agenda:

ITEM 1: Mrs. Demetria Miller at 63 Jeffries Road requests to be allowed to place a mobile home on property she recently purchased. The property in question contains .7 acres, zoned Agricultural and is in close proximity to her home at 63 Jeffries Road. If allowed the home will be for her sister.

ITEM 2: Mr. And Mrs. Fairley Humble at 170 Sanders Cove request to be allowed to place a second dwelling (single wide mobile home) on their property of 4.46 acres. If allowed the residence will be for their son, who was recently discharged from the Army following a tour in Iraq. If the request is allowed, the mobile home will not be seen from the road. The property in question is Lot #15 of Orion Farms and zoned Agricultural.

(8-9c)


NOTICE TO BIDDERS

Sealed proposals for the purchase of one (1) new Pumper/Tanker Fire Apparatus will be received by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi at the office of the Clerk of said city, in City Hall, 160 South Memphis Street, Holly Springs, Mississippi 38635 until the hour of 5:30 o’clock, p.m. Central Standard Time on April 5, 2005, at which time on said date all bids shall be publicly opened and read aloud in the board room of said Mayor and Board of Aldermen, on the second floor of said City Hall.

Specifications may be obtained from the Office of the Fire Chief, 127 West Falconer Avenue, Holly Springs, Mississippi 38635.

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

So ordered by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi on this the 19th day of January 2005.

Mayor: Andre’ DeBerry

Attest: Sandra Young, City Clerk

Publication Dates: February 24, 2005, March 3, 2005

(8-9c)


PUBLIC NOTICE

February 24, 2005

Mississippi Department of Environmental Quality

(2380 Highway 80 West)

P.O. Box 10385

Jackson, Mississippi 39289-0385

Telephone No. (601) 961-5171

Total Maximum Daily Load (TMDL)

For Organic Enrichment and Low DO and Nutrients

In Stout Creek

Northern Independent Basin

A segment of Stout Creek in Marshall County is on the State of Mississippi’s 2004 List of Impaired Water Bodies. Waters on this list are required to have Total Maximum Daily Loads (TMDLs) completed for each pollutant added to the water that causes impairment. A TMDL is the maximum amount of a pollutant that a stream can handle without violating water quality standards. A study has been completed allowing the determination of a TMDL for total biochemical oxygen demand (TBOD) in Stout Creek. TBOD is a representation of the amount of organic pollution in a stream, which can lower the dissolved oxygen level.

The TMDL report that details the study of Stout Creek has been completed by MDEQ. Prior to proposing this TMDL to the Environmental Protection Agency for approval, MDEQ is asking for public comment on this draft document. Copies of the draft TMDL may be obtained and/or inspected by contacting Debbie Pridgen at the above address and telephone number or by email (Debbie_Pridgen@deq.state.ms.us). Persons wishing to comment upon the draft TMDL are invited to submit comments in writing to Mr. Greg Jackson at the address shown above or by email (Greg_Jackson@deq.state.ms.us) no later than 5:00 p.m. on March 25, 2005. All comments received during the public notice period will be considered prior to proposing the TMDL to the Environmental Protection Agency for approval.

Wm Stephen Spengler, P.E., DEE

Chief, Surface Water Division

Mississippi Department of Environmental Quality

(8c)


STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE’S NOTICE OF SALE

WHEREAS, on September 29, 1991, LEE FANT WALKER and BETTIE WALKER executed a Deed of Trust to W. Stewart Robison, Trustee for Jim Walter Homes, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 174, at Pages 51-53, in the office of the Chancery Clerk of Marshall County, Mississippi;

AND WHEREAS, this Deed of Trust was ultimately assigned to Mid-State Trust (IV), a business trust, and Walter Mortgage Company by instrument recorded in Book 85, Pages 211-212 in the Office of the Chancery Clerk aforesaid;

AND WHEREAS, Mid-State Trust (IV) a business trust, appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 290, Page 276, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, Walter Mortgage Company appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 374, Page 556, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, default having been made in the performance of the conditions and stipulations as set out in the above described Deed of Trust and the said Substituted Trustee having been requested and directed to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the Laws of the State of Mississippi, the dates for publication of this Substituted Trustee’s Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: February 24, March 3, March 10, and March 17, 2005. I will on the 18th day of March, 2005, offer for sale at public outcry and sell during legal hours between the hours of 11:00 A.M. and 4:00 P.M., at the main front door of the Marshall County Courthouse, Holly Springs, Mississippi, for cash to the highest and best bidder, the following described land and property, situated in Marshall County, Mississippi, to-wit:

Commence at the Southwest Corner of Section 13, Township 3 South, Range 3 West, Marshall County, Mississippi; thence North 1320.0 feet to a point; thence South 88 deg. 27' East along wire fence line as it now exists 622.0 feet to the point of beginning; thence North 0 deg. 41' West 280.0 feet to a point; thence South 88 deg. 27' East 250.0 feet to a point; thence North 0 deg. 43' West 430.7 feet to the south right of way line of Mississippi Highway No. 311; thence South 23 deg. 0' East along said south right of way line 79.56 feet to the east boundary of Roxie L. Jefferies property; thence South 0 deg. 41' East along said east boundary 638.3 feet to an iron pin at the southeast corner of said Jefferies property; thence North 88 deg. 27' West along wire fence line 280.0 feet to the point of beginning and containing 2.0 acres, more or less.

Title to said property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee, without warranty of any kind whatsoever.

Witness my signature, this, the 15th day of February, 2005.

Grant M. Fox, Substituted Trustee

FOX & FOX, PA

Post Office Box 797

Tupelo, Mississippi 38802-0797

(662) 844-2068

The South Reporter

Publish: Feb. 24, March 3, March 10, and March 17, 2005

(8-11c)


STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE’S NOTICE OF SALE

WHEREAS, on June 24, 1994, BOBBIE WATKINS, a/k/a BOBBIE WATSON WATKINS (Single) and JOE D. HARDAWAY (Single) executed a Deed of Trust to W. Stewart Robison, Trustee for Jim Walter Homes, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 194, at Pages 279-281, in the office of the Chancery Clerk of Marshall County, Mississippi;

AND WHEREAS, BOBBIE WATKINS, a/k/a BOBBIE WATSON WATKINS died and CASSANDRA D. WATKINS inherited his interest in said property. JOE D. HARDAWAY (Single) transferred his interest in said property to CASSANDRA D. WATKINS by Quitclaim Deed dated October 24, 1977 recorded in the Office of the Chancery Clerk of Marshall County, Mississippi;

AND WHEREAS, the obligations under the terms of the Deed of Trust aforesaid were assumed by CASSANDRA D. WATKINS;

AND WHEREAS, this Deed of Trust was ultimately assigned to Mid-State Trust (IV), a business trust, and Walter Mortgage Company by instrument recorded in Book 84, Pages 744-745 in the Office of the Chancery Clerk aforesaid;

AND WHEREAS, Mid-State Trust (IV) a business trust, appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 372, Page 679, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, Walter Mortgage Company appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Book 372, Page 680, in the office of the Chancery Clerk aforesaid;

AND WHEREAS, default having been made in the performance of the conditions and stipulations as set out in the above described Deed of Trust and the said Substituted Trustee having been requested and directed to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the Laws of the State of Mississippi, the dates for publication of this Substituted Trustee’s Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: February 24, March 3, March 10, and March 17, 2005. I will on the 18th day of March, 2005, offer for sale at public outcry and sell during legal hours between the hours of 11:00 A.M. and 4:00 P.M., at the main front door of the Marshall County Courthouse, Holly Springs, Mississippi, for cash to the highest and best bidder, the following described land and property, situated in Marshall County, Mississippi, to-wit:

A tract of land in the N. E. Quarter of the S. E. Quarter of Section 9, Township 2 South, Range 4 West, Marshall County, Mississippi and being more particularly described as follows: Commence at the Northeast Corner of the Southeast Quarter of the Southeast Quarter of Section 9, T2S, R4W; thence West 603.44 feet to a point; thence North 1.13 feet to a _" rebar set, said point being the point of beginning, thence S 2 deg. 31' 45" W 208.71 feet to a point; thence N 88 deg. 09' 13" W 208.71 feet to a _" iron re-bar set; thence N 2 deg. 31' 27" E 208.68 feet to a _" iron re-bar set; thence S 88 deg. 09' 43" E 208.73 feet to the point of beginning.

Said tract containing 1.00 acre more or less.

Ingress-Egress Easement

A tract of land to be used as an ingress-egress road easement in the N. E. Quarter of the S. E. Quarter of Section 9, Township 2 South, Range 4 West, Marshall County, Mississippi and being more particularly described as follows: Commence at the Northeast Corner of the S. E. 1/2 of the S. E. 1/2; thence N 87 deg. 20' 00" W 40.00 feet to a point being the point of beginning; thence S 2 deg. 11' 20" W along the West r/w of the Victoria-Cayce Road 30.00 feet; thence N 87 deg. 01' 23" W 563.10 feet to a 1/2" iron pin set; thence N 88 deg. 09' 43" W 208.73 feet to a 1/2" iron pin set; thence N 0 deg. 00" 47" E 30.00 feet; thence S 87 deg. 20' 00" E 772.94 feet to the point of beginning.

Said Ingress-Egress Easement containing 0.50 acres more or less.

Title to said property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee, without warranty of any kind whatsoever.

Witness my signature, this, the 16th day of February, 2005.

Grant M. Fox, Substituted Trustee

FOX & FOX, PA

Post Office Box 797

Tupelo, Mississippi 38802-0797

(662) 844-2068

The South Reporter

Publish: Feb. 24, March 3, March 10, and March 17, 2005

(8-11c)


STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on March 15, 2002, 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 300, at Pages 705-707, 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 February 13, 2004, and duly filed for record February 13, 2004, at 3:26 P.M. in the office of the aforesaid Chancery Clerk in Book 348, at pages 659-660; 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 18TH day of March, 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:

Lot No. 9 of the Arrington Subdivision of the East Half of Lot No. 298 in Section 6, Township 4, Range 2 West in the City of Holly Springs, Marshall County, Mississippi, being the same land and property conveyed to Pat Ellis Stubbs by Warranty Deed dated August 15, 1985, executed by T.H. Stubbs, Patty Sue Williams Stubbs and Lottie Parker, and recorded in the Office of the Chancery Clerk of Marshall County, Mississippi in land Deed Record Book No. 205, at pages 29-30.

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

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

J. KIZER JONES, SUBSTITUTED TRUSTEE

PUBLISH: FEB. 24, MARCH 3, 10 AND 17, 2005.

(8-11c)


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