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Legal NoticesTRUSTEE'S NOTICE OF SALE WHEREAS, on February 22, 2005, Curtis Bell and Carolyn A. Bell, Husband and Wife, 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 377 at Page 188, thereof; and WHEREAS, said Deed of Trust was assigned to Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass-Through Certificates, by assignment on file and of record in the office of the aforesaid Chancery Clerk in Book 89 at Page 567 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 26th day of April, 2006, 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:
The following described land and property located and situated in Marshall County, Mississippi, described as follows: Seventeen and Thirty Three Hundredth (17.33) acres of land located in the Northwest Quarter of Section 19, Township 5 South, Range 4 West, Marshall County, Mississippi, described as follows: Commence at a fence corner at the Northwest corner of said Section 19; thence run South 30 degrees 11 minutes 41 seconds East 931.81 feet to the Point of Beginning, said Point being on the South Right-of-Way line of Mississippi Highway #4 (50-Foot right-of-way line); thence continue along said right of way line, the following 4 calls: (1) 349.99 feet, along the arc of a curve to the right, having a chord of North 80 degrees 37 minutes 36 seconds East, 342.19 feet; (2) South 89 degrees 35 minutes 50 seconds East 567.66 Feet; (3) 454.62 feet, along the Arc of a curve to the left, having chord of North 74 degrees 06 minutes 51 seconds East, 451.17; (4) North 60 degrees 54 minutes 50 seconds East, 542.62 feet to an iron rod; thence leaving said right of way run South 696.60 feet to an iron rod; thence South 87 degrees 47 minutes 50 seconds West, 902.87 feet to an iron rod; thence run along a fence the following 4 calls: (1) North 84 degrees 39 minutes 30 seconds West, 108.05 feet to an iron rod; (2) North 89 degrees 28 minutes 20 seconds west, 284.00 feet to an iron rod; (3) North 88 degrees 39 minutes 00 seconds West 369.67 feet to an iron rod; (4) South 88 degrees 47 minutes 20 seconds West, 216.80 feet; thence North 13 degrees 41 minutes 20 seconds East along a fence 283.53 feet to the Point of Beginning.
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 21st day of March, 2006. LEM ADAMS, III TRUSTEE PREPARED BY: ADAMS & EDENS Foreclosure Department POST OFFICE BOX 400 BRANDON, MISSISSIPPI 39043 (601) 825-9508 A&E File #13720 PUBLISH: March 30, April 6, 13, 20, 2006 (13-16c)
NOTICE OF TRUSTEE'S SALE WHEREAS, on the 3rd day of May, 2004, JOYCE BLACKMOND, executed and delivered a land deed of trust to Diane Taylor, Trustee for the benefit of AUTO PLACE INC., Beneficiary, which is recorded Land Deed Book 356, at Page 440, 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 legal holder of said indebtedness, AUTO PLACE INC., 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, DIANE TAYLOR, as Trustee in said deed of trust will on the 21st day of April, 2006, 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:
TRACT 1: COMMENCE at the Northwest Corner of Section 17, Township 5 South, Range 4 West, Marshall County, Mississippi; thence Southwardly with West boundary of said Section 17, a distance of 3509 feet to the intersection of the center of Mississippi Highway 4; thence Northeastwardly with center of said Highway 1719 feet; thence North 25 degrees 0 minutes West 70 feet to the POINT OF BEGINNING; thence North 25 degrees 0 minutes East 382 feet to the North right of way line of Mississippi Highway 4; thence South 65 degrees 0 minutes West with North right of way line of said Highway 226 feet to the POINT OF BEGINNING and containing 2.0 acres. Subject to all Governmental regulations. Subject to existing road right of ways and utility easements. LESS AND EXCEPT: 1 acre tract recorded in Deed Book 217, at Page 376 conveyed to Cottrell Blackmond and Maedora Blackmond. ALSO TRACT II: COMMENCE at the Northwest Corner of Section 17, Township 5 South, Range 4 West, Marshall County, Mississippi; thence Southwardly with West boundary of said Section 17 a distance of 3509 feet to the intersection of the center of Mississippi Highway 4; thence North Westwardly with center of said Highway 1719 feet; thence North 25 degrees 0 minutes West 452 feet to the POINT OF BEGINNING; thence North 25 degrees 0 minutes West 192.75 feet; thence North 65 degrees 0 minutes East 226 feet; thence South 25 degrees 0 minutes East 192.75 feet; thence South 65 degrees 0 minutes West 226 feet to the POINT OF BEGINNING and containing 1.0 acres more or less. Also a 1994 Palm Harbor Mobile Home Serial # PH5153A/B Plus attachments and accessions together with all improvements and appurtenances now or hereafter erected on, and all fixtures of any and every description now or hereafter attached to said land. SUBJECT TO: Rights of way and easements for public road and utilities. Also subject to Marshall County Subdivision and Zoning Regulations. Property address: 6462 Hwy. 4 West, Holly Springs, MS 38635 Interested Parties/Lienholders: BANK OF HOLLY SPRINGS
At the time of this publication, a search of the public records reveals no tax liens filed by the United States or the State of Mississippi. The sale of the property described in said Deed of Trust shall be subject to any and all instrument of record, prior liens, encumbrances, deeds of trust, easements, restrictions, building liens, unpaid taxes, assessments, penalties, and interest, if any. The title is believed to be good, but the Trustee will convey and sell only such title as is vested in her as Trustee. The right is reserved to adjourn the day of the sale to another day or time certain without further publication, upon announced at the time for the above. I will convey only such title as is vested in me as Trustee. WITNESS MY SIGNATURE, this the 22nd day of March, 2006. DIANE TAYLOR, TRUSTEE (13-16c)
STATE OF MISSISSIPPI COUNTY OF MARSHALL SUBSTITUTED TRUSTEEíS NOTICE OF SALE WHEREAS, on May 31, 1990, CEDRIC J. BOYCE (Single) and MARGARET LUELLEN (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 165, at Page 686, 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 89, Pages 478-479 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 404, Page 302, 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 404, Page 303, 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 Trusteeís Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: March 30, April 6, April 13, and April 20, 2006. I will on the 21st day of April, 2006, 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:
Beginning at a point 1645.60 feet West and 1476 feet South of the Northeast Corner of Section 27, T2S, R2W, Marshall County, Mississippi; said point being 25 feet off Centerline of Atway Road; thence North 20 15' West, 242.00 feet; thence North 85 19' East, 33.00 feet; thence North 16 27' 32" West, 180.06 feet; thence North 73 00' East 392.00 feet; thence South 17 00' East 210.00 feet; thence South 73 00' West, 392.00 feet; thence South 20 15' East, 220.05 feet; thence North 82 15' 03" West, along the North Line of said Road, 36.00 feet to the point of beginning. Containing 2.0 acres, more or less. Subject to easements and restrictions of record.
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 20th day of March, 2006. /s/ Grant M. Fox Grant M. Fox, Substituted Trustee FOX LAW GROUP, PA Post Office Box 797 Tupelo, Mississippi 38802-0797 (662) 844-2068 The South Reporter Publish: March 30, April 6, April 13, and April 20, 2006 (13-16c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on November 10, 1998, Jimmy L. Burkeen, a single man, executed a Deed of Trust to Transcontinental Title, Trustee for the use and benefit of Delaware Savings Bank, F.S.B., 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 244 at Page 113, thereof; and WHEREAS, said Deed of Trust was ultimately assigned to The Chase Manhattan Bank, as Trustee under the Pooling and Servicing Agreement, dated as of August 1, 2000, among Credit-Based Asset Servicing and Securitization LLC, Prudential Securities Secured Financing Corporation, Litton Loan Servicing LP and The Chase Manhattan Bank, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2000-CB1, by assignment on file and of record in the office of the aforesaid Chancery Clerk in Book 69 at Page 648 thereof; and WHEREAS, the legal holder of the said Deed of Trust and the note secured thereby, substituted Lem Adams, III, as Trustee therein, as authorized by the terms thereof, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 404 at Page 35, 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, Substitute 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 26th day of April, 2006, 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:
Farm No. 4 of HOLLIS FARMS, according to the plats recorded in Plat Book 11, page 52 and Plat Book 12, page 30, re-filed in Plat Drawer 472B, in the office of the Chancery Court of Marshall County, Mississippi, containing 10.01 acres, more or less, and being further located in Section 31, Township 4 South, Range 4 West and the same land and property conveyed to Jimmy L. Burkeen and wife, Eunice M. Burkeen by warranty deed from Maynard F. Perry and wife, Faye W. Perry, dated April 30, 1992, recorded in Land Deed Book No. 245, pages 3-4.
Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee. WITNESS my signature, on this the 23rd day of March, 2006. LEM ADAMS, III SUBSTITUTE TRUSTEE PREPARED BY: ADAMS & EDENS Foreclosure Department POST OFFICE BOX 400 BRANDON, MISSISSIPPI 39043 (601) 825-9508 A&E File #13508 PUBLISH: March 30, April 6, 13, 20, 2006 (13-16c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on September 14, 1995, Shirley Burton, executed a Deed of Trust to Delta Title Company, Trustee for the use and benefit of Boatmen's National Mortgage, Inc., 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 204 at Page 578, thereof; and WHEREAS, the legal holder of the said Deed of Trust and the note secured thereby, substituted Lem Adams, III, as Trustee therein, as authorized by the terms thereof, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 330 at Page 520, 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, Substitute 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 26th day of April, 2006, 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:
A tract of land being part of Lot 273 according to the plan of the City of Holly Springs in the Northwest Quarter of Section 6, Township 4 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows: Commence at the intersection of College Avenue and Craft Street; thence South 87 degrees 44 minutes 21 seconds West 567.40 feet along the centerline of College Avenue to a point; thence North 2 degrees 16 minutes 10 seconds West 40.00 feet to a 1/2" rebar set, said point being the POINT OF BEGINNING; thence South 87 degrees 43 minutes 50 seconds West 66.00 feet, along said North right of way to a 1/2" rebar set; thence North 1 degree 39 minutes 53 seconds West 200.00 feet to a 1/2" rebar set; thence North 87 degrees 43 minutes 50 seconds East 66.00 feet to a 1/2" rebar set in a fence line; thence South 1 degree 39 minutes 53 seconds East 200.00 feet along a fence line to a 1/2" rebar set on the North right of way of College Street to the POINT OF BEGINNING. Said tract containing .03030 acres more or less.
Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee. WITNESS my signature, on this the 21st day of March, 2006. LEM ADAMS, III SUBSTITUTE TRUSTEE PREPARED BY: ADAMS & EDENS Foreclosure Department POST OFFICE BOX 400 BRANDON, MISSISSIPPI 39043 (601) 825-9508 A&E File #13812 PUBLISH: March 30, April 6, 13, 20, 2006 (13-16c)
STATE OF MISSISSIPPI COUNTY OF MARSHALL SUBSTITUTED TRUSTEEíS NOTICE OF SALE WHEREAS, on May 27, 2003, TONGIA DOWDY (Single) and CHRISTOPHER TUNSTALL (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 335, at Pages 743-745, in the office of the Chancery Clerk of Marshall County, Mississippi; AND WHEREAS, this Deed of Trust was ultimately assigned to Walter Mortgage Company by instrument recorded in Book 89, Pages 394-395 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 403, Page 700, 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 Trusteeís Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: March 30, April 6, April 13, and April 20, 2006. I will on the 21st day of April, 2006, 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:
Commencing at a found 1/2" rebar with cap, said point being the Northwest corner of the Twin Oaks Subdivision, Lot 35, recorded in Plat File 839B, thence South 00 degrees 06 minutes 30 seconds West, along the West line of said subdivision, a distance of 809.73 feet to a set 1/2" rebar and POINT OF BEGINNING; thence South 00 degrees 06 minutes 30 seconds West continuing along said subdivision, a distance of 208.71 feet to a set 1/2" rebar, said point being a Northeast corner of the remainder of the I. C. Wiseman property recorded in Deed Book 73, Page 61; thence along the remaining Wiseman property the following calls: South 89 degrees 26 minutes 53 seconds West, a distance of 208.71 feet to a set 1/2" rebar; thence North 00 degrees 06 minutes 30 seconds East, a distance of 208.71 feet to a set 1/2" rebar, said point being in an existing fence line and the South line of the Brown W. Higgins, Jr. Property; thence North 89 degrees 26 minutes 53 seconds East, along the South line of said Higgins property, a distance of 208.71 feet to the POINT OF BEGINNING and containing one acre of land more or less.
Beginning at a 1/2" rebar with cap in the center of Dogwood Road, said point being the Northeast corner of said Higgins property and 41.12 feet North of the Northwest corner of the Twin Oaks Subdivision recorded in Plat File 839B, thence South 00 degrees 06 minutes 30 seconds West, along the West line of said subdivision, a distance of 891.97 feet to a 1/2" rebar, said point being in the South line of said Higgins property; thence South 89 degrees 26 minutes 53 seconds West, along said South line, a distance of 50.00 feet to a set 1/2" rebar; thence North 00 degrees 06 minutes 30 seconds East, across said Higgins property, a distance of 883.16 feet to a railroad spike set in the center of said Dogwood Road; thence North 79 degrees 28 minutes 49 seconds East, along the center of said Dogwood Road, a distance of 50.87 feet to the POINT OF BEGINNING and containing 1.019 acres or land 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 20th day of March, 2006. /s/ Grant M. Fox Grant M. Fox, Substituted Trustee FOX LAW GROUP, PA Post Office Box 797 Tupelo, Mississippi 38802-0797 (662) 844-2068 The South Reporter Publish: March 30, April 6, April 13, and April 20, 2006 (13-16c)
TRUSTEE'S NOTICE OF SALE WHEREAS, on April 19, 2001, Mary Elliott, an unmarried Woman, 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 281 at Page 135, thereof; and WHEREAS, said Deed of Trust was assigned to Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2001-C, Asset Backed Certificates, Series 2001-C, by assignment on file and of record in the office of the aforesaid Chancery Clerk in Book 89 at Page 538 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 26th day of April, 2006, 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:
Lot 6 of Fairmont Subdivision, In Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi, a plat of which is recorded in Plat file 739-A & B in 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 21st day of March, 2006. LEM ADAMS, III TRUSTEE PREPARED BY: ADAMS & EDENS Foreclosure Department POST OFFICE BOX 400 BRANDON, MISSISSIPPI 39043 (601) 825-9508 A&E File #13687 (13-16c)
STATE OF MISSISSIPPI COUNTY OF MARSHALL SUBSTITUTE TRUSTEEíS LAND SALE NOTICE On April 16, 1988, Willie J. Henderson and Debra H. Wright, executed a Purchase Money Deed of Trust, recorded in the land records of Marshall County, Mississippi land records, Land Trust Deed Book 151, pages 638-639, conveying hereinafter described land to Oliver M. Burch IV, Trustee, securing their note to Ralph M. Avent and Sidney L. Hurdle, James M. Hurdle. James M. Hurdle has assigned his one-third interest in this trust deed to Doris B. Avent and Carolyn S. Hurdle by assignment dated August 2, 1993 and recorded in PA Book 39, Page 325, in the land records of Marshall County, Mississippi. Debtor defaulted and legal holder accelerated the note and requested foreclosure. Said Oliver M. Burch IV, Trustee declined to act as trustee and the undersigned Lynda M. Davis was appointed trustee by instrument dated October 25, 2002, and recorded in the land records of said County in Book 314, page 802-803. Ralph M. Avent died testate on July 23, 2000 and by his will recorded in Will Book 14, Page 531 in the records of Marshall County, MS, bequeathed his interest in said deed of trust and note to Doris B. Avent. As Substitute Trustee in lawful hours at the South door of Marshall County, Mississippi Courthouse on April 24, 2006 I will sell to highest cash bidder at public outcry, the following land in Marshall County, Mississippi.
A lot in the West Half (W 1/2) of Section 36, Township 1 South, Range 3 West, Marshall County, Mississippi, and being more particularly described as follows: COMMENCE at the Southeast corner of the Northwest Quarter (NW 1/4) of Section 36, Township 1 South, Range 3 West, Marshall County, Mississippi; thence with fence line run S 89 50í W for a distance of 1336.00 feet to a fence corner; thence with fence line run S 00 30í W for a distance of 1014.00 feet to an iron post on the North right-of-way of highway No. 72; thence with said right-of-way run N 77 55í W for a distance of 388.10 feet to an iron post; said iron post being the point of beginning for herein described parcel; thence with said Highway right-of-way run N 77 55í W for a distance of 194.00 feet to an iron post; thence leaving said Highway right-of-way run N 01 05í E for a distance of 1205.68 feet to an iron post; thence run S 78 12í E for a distance of 194.00 feet to an iron post; thence run S 01 05í 30" W for a distance of 1206.60 feet to the point of beginning; said herein described lot contains 5.28 acres, more or less
Purchaser shall pay his bid in cash at sale. I will convey only my title as Trustee. Done this the 21st day of March, 2006. LYNDA M. DAVIS P.O. Drawer 848, Holly Springs, MS 38635 Publish 3-30, 4-6, 4-13, 4-20, 2006 (13-16c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI RAMA PRASAD PLAINTIFF VS. CAUSE NO. 06-0166-A
WILLIE MAYS ESTATE AND ANY PERSONS HAVING DEFENDANTS OR CLAIMING ANY INTEREST IN LAND DESCRIBED IN TAX SALE DEED FOR PART OF THE NE CORNER OF THE NW _ LESS .66 ACRES IN SE CORNER OF SAID TRACT IN SECTION 14, TOWNSHIP 4, RANGE 5, MARSHALL COUNTY, MS; BEING PARCEL #274-14-00600 AND PPIN #6566 OF THE RECORDS OF THE MARSHALL COUNTY TAX ASSESSOR DEFENDANT SUMMONS THE STATE OF MISSISSIPPI TO: WILLIE MAYS ESTATE AND ANY PERSONS HAVING DEFENDANTS OR CLAIMING ANY INTEREST IN LAND DESCRIBED IN TAX SALE DEED FOR PART OF THE NE CORNER OF THE NW _ LESS .66 ACRES IN SE CORNER OF SAID TRACT IN SECTION 14, TOWNSHIP 4, RANGE 5, MARSHALL COUNTY, MS; BEING PARCEL #274-14-00600 AND PPIN #6566 OF THE RECORDS OF THE MARSHALL COUNTY TAX ASSESSOR You have been made a Defendant in the suit filed in this Court by Rama Prasad, Plaintiff, seeking to quiet and confirm title to certain real property. You are required to mail or hand deliver a written response to the Petition filed against you in this action to J. Kizer Jones, Attorney At Law, the attorney for the Plaintiff, whose address is Post Office Box 117, Holly Springs, Mississippi, 38635. Your response must be mailed or delivered not later than (30) thirty days after the 30th day of March, 2006, which is the date of first publication of this summons. If your response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the Petition. You must also file the original of your response with the Clerk of this Court within a reasonable time afterward. Issued under my hand and the seal of said Court, this the 28th day of March, 2006. C.W. "CHUCK" THOMAS MARSHALL COUNTY CHANCERY CLERK POST OFFICE BOX 219 HOLLY SPRINGS, MISSISSIPPI 38635
SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on February 17, 2003, Marcy Smith and Larry Smith executed a Deed of Trust to Everett L. Anschutz, Jr. as Trustee for the benefit of Homestead Mortgage, LLC, which Deed of Trust was recorded in Book 321 at Page 648 in the Office of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, Homestead Mortgage, LLC assigned said Deed of Trust to GMFS, LLC pursuant to an instrument dated February 17, 2003 and recorded in Book 77 at Page 1 in the Office of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, GMFS, LLC assigned said Deed of Trust to JPMorgan Chase Bank, as Trustee pursuant to an instrument dated February 17, 2003 and recorded in Book 79 at Page 20 in the Office of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, JPMorgan Chase Bank, as Trustee, the holder of said Deed of Trust and the Note secured thereby, substituted Michael S. McKay as Trustee therein, as authorized by the terms thereof, as evidenced by an instrument dated January 30, 2006, and recorded in Book 404 at Page 804 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, JPMorgan Chase Bank, as Trustee, 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, Michael S. McKay, Substitute Trustee, will on April 21, 2006, 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:
Indexing: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 3 WEST, MARSHALL COUNTY, MISSISSIPPI, and being more particularly described as follows, to-wit: Commence at a 1/2 inch rebar found at the Northwest Corner of Section 25, Township 5 South, Range 3 West, Marshall County, Mississippi; run thence South 00 degrees 50 minutes 44 seconds East 1320.00 feet to a 1/2 inch rebar found; run thence South 89 degrees 39 minutes 38 seconds East 2637.36 to a car axle found; run thence South 00 degrees 25 minutes 39 seconds West 1151.20 feet to a 1/2 inch rebar set; said point being the POINT OF BEGINNING; run thence South 00 degrees 25 minutes 39 seconds West 168.80 feet to a car axle found; run thence North 89 degrees 39 minutes 08 seconds West 1122.02 feet to a 6 inch X 8 inch cresote post found; run thence North 86 degrees 44 minutes 48 seconds West 411.76 feet to a 1/2 inch rebar set on the east right of way of Old Highway Number 7; run thence along said right of way the following calls: North 22 degrees 02 minutes 11 seconds East 73.03 feet to a 1/2 rebar set; North 21 degrees 50 minutes 23 seconds East 85.82 feet to a 1/2 inch rebar set; run thence South 89 degrees 39 minutes 38 seconds East leaving said highway right of way 1475.06 feet to the POINT OF BEGINNING.
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 23rd day of March, 2006. /s/ Michael S. McKay Michael S. McKay Substitute Trustee MacNeill & Buffington, P.A. Suite A-250 River Oaks Office Plaza 1080 River Oaks Drive Flowood, MS 39208 Telephone No.(601) 936-2800 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. 32477H PUBLISH ON THESE DATES: 03.30.06; 04.06.06; 04.13.06; 04.20.06 (13-16c)
NOTICE OF PROPOSED REALTY ACTION DEPARTMENT OF AGRICULTURE Forest Service PUBLIC NOTICE OF REALTY ACTION Holly Springs Residence Notice is hereby given that the Forest Service, United States Department of Agriculture, is proposing to sell the lands identified below at not less than market value pursuant to the Mississippi National Forest Improvement Act of 1999 (113 Stat. 1501a-210-214). The proposal for sale includes the following lands and interest in lands under the jurisdiction of the Forest Service, National Forests in Mississippi: Holly Springs Residence (USA tract S-2217) Marshall County, State of Mississippi Chickasaw Meridian Township 4 South, Range 2 West, Section 5 Lot No. 44 of Second Addition, Rosaland Heights Subdivision City of Holly Springs A/K/A 725 Coleman Avenue Tax Assessorís Parcel #093A-05-04200 The area described contains approximately 0.31 acres. The property consists of a residential lot improved with an approximately 1567 square foot detached single family residence built in 1962, located along the East edge of town off Eastland Street. The mineral estate is included in the estate to be sold. The property may be sold directory to an identified purchaser or may be sold under competitive bidding procedures. The method of sale will be determined at a later date. The sale will be subject to valid existing rights and encumbrances of record. The Forest Service may also include in the conveyance any reservation necessary to protect the interests of the United States. Specific terms of the sale will be provided in an Offer to Sell which will be made after all environmental studies and other required analysis are completed and final decision to sell the property is made. Federal law requires purchasers to be U.S. citizens, 18 years of age or older; a corporation subject to the laws of any State or of the United States; a State, State instrumentality, or political subdivision authorized to hold property; or an entity, including but not limited to associations, partnerships, capable of holding property in the State. Proof of qualification to purchase the property will be required. Additional detailed information, including complete property description, maps, list of reservations and encumbrances, etc. is available for review during regular business hours at the Forest Supervisorís Office in Jackson. For further information contact Cliff Sommers at 601-965-4391, Ext. 174. Parties who may be interested in purchasing the property, or wish to offer comments related to the proposed sale, are encouraged to contact the Forest Service. For a period of 30 days from the date of publication of this notice, the general public and interested parties may submit comments to the attention of Cliff Sommers, USDA-Forest Service, National Forests in Mississippi, 100 W. Capitol Street, Suite 1141, Jackson, MS 39269. (13c)
There came on for consideration the matter of issuing special obligation, negotiable, interest-bearing combined waterworks and sewer system revenue bonds of the City of Holly Springs, Mississippi, and after a discussion of the subject matter, Alderman Liddy offered and moved the adoption of the following resolution: A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HOLLY SPRINGS, MISSISSIPPI, TO ISSUE COMBINED WATERWORKS AND SEWER SYSTEM REVENUE BONDS OF SAID MUNICIPALITY IN THE MAXIMUM PRINCIPAL AMOUNT OF FIVE HUNDRED SEVENTY-ONE THOUSAND NINE HUNDRED DOLLARS ($571,900) TO RAISE MONEY FOR IMPROVEMENTS, REPAIRS AND EXTENSIONS TO THE COMBINED WATERWORKS AND SEWER SYSTEM OF SAID MUNICIPALITY, CONSISTING PRIMARILY OF IMPROVEMENTS, REPAIRS AND EXTENSIONS TO THE WATERWORKS AND WATER SUPPLY FACILITIES OF SAID SYSTEM. WHEREAS, the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi (the "Governing Body" of the "Municipality"), acting for and on behalf of the Municipality, hereby finds, determines, adjudicates and declares as follows: 1. The waterworks, water supply, sewage, and sewage disposal facilities of the Municipality have heretofore been combined and are operated as a combined system known as the combined waterworks and sewer system of the Municipality (the "System"). 2. It is necessary and advisable and in the best interest of the Municipality and its inhabitants to issue combined waterworks and sewer system revenue bonds of the Municipality in the maximum principal amount of Five Hundred Seventy-one Thousand Nine Hundred Dollars ($571,900) to raise money for improvements, repairs and extensions to the System, consisting primarily of improvements, repairs and extensions to the waterworks and water supply facilities of the System (the "Authorized Purpose"), for which purpose there are no other available funds on hand. 3. The Governing Body has employed Elliott & Britt Engineering/P.A. Oxford, Mississippi, a competent engineering firm, to study the System, determine the nature and extent of the improvements, repairs and extensions necessary thereto, and make an estimate of the cost thereof. 4. Said engineers have determined the nature and extent of the necessary improvements, repairs and extensions to the System and have made an estimate of the cost thereof, which estimate is the aggregate amount of One Million Six Hundred Seventy-one Thousand Nine Hundred Dollars ($1,671,900). 5. Said improvements, repairs and extensions are necessary, are economically feasible and would be in the public interest and of benefit to the Municipality, and the findings of said engineers are hereby adopted, including the estimate of the costs of said improvements, repairs and extensions. 6. Under the provisions of Sections 21-27-11 through 21-27-69, Mississippi Code of 1972 (the "Act"), the Municipality is authorized to make such improvements, repairs and extensions and to provide for the payment of the costs thereof, or any portion of such costs, by and through the issuance of bonds, the principal and interest of and on which shall be payable from the revenues of the System. 7. The Municipality reasonably expects that it will incur expenditures for the aforesaid purpose prior to the issuance of said bonds and that it should declare its official intent to reimburse such expenditures made in anticipation of the issuance of said bonds. 8. A sum not exceeding Five Hundred Seventy-one Thousand Nine Hundred Dollars ($571,900) must be provided and raised by the issuance of special obligation bonds in said amount, payable both as to principal and interest from the revenues of the System, as authorized by the Act. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY AS FOLLOWS: SECTION 1. The Governing Body does hereby declare its intention to issue combined waterworks and sewer system revenue bonds of the Municipality in the maximum principal amount of Five Hundred Seventy-one Thousand Nine Hundred Dollars ($571,900) (the "Bonds") to raise money for the Authorized Purpose. Pursuant to Section 1.150-2 of the Treasury Regulations (the "Reimbursement Regulations"), the Governing Body hereby declares its official intent to reimburse expenditures made for the Authorized Purpose prior to the issuance of the Bonds with proceeds of the Bonds to the extent permitted by the Reimbursement Regulations. SECTION 2. Said bonds in the amount, for the purpose and secured as aforesaid will be authorized to be issued at a meeting of the Governing Body to be held at the City Hall on Tuesday, May 2, 2006, at 5:30 o'clock P.M., which date so fixed will be more than ten (10) days after the third date of publication of this resolution, as directed by Section 3 hereof. If a petition signed by not less than twenty percent (20%) of the qualified electors of the Municipality be filed objecting to and protesting the issuance of such revenue bond issue on or before the aforesaid date and hour, then an election on the question of the issuance of such bonds shall be called and held as provided by law. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, and may be sold under the regular procedure for selling such bonds. SECTION 3. This resolution shall be published once a week for at least three (3) consecutive weeks in The South Reporter, a newspaper published in and having a general circulation in the Municipality, and being a qualified newspaper under the provisions of Section 13-3-31, Mississippi Code of 1972. The first publication of this resolution shall be made not less than twenty-five (25) days prior to the date fixed herein for issuance of said bonds, and the third such publication shall be more than ten (10) days prior to the date specified in Section 2 hereof. SECTION 4. The Clerk of the Municipality shall be and is hereby directed to procure from the publisher of the aforesaid newspaper the customary proof of publication of this resolution and to have the same before the Governing Body on the date and hour specified in Section 2 hereof. Alderman Johnson seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote, the result was as follows: Alderman Garrie Colhoun voted: Yes Alderman Naylond Hayes voted: Absent Alderman Nancy Hutchens voted: Yes Alderman Russell Johnson voted: Yes Alderman Timothy Liddy voted: Yes The motion having received the affirmative vote of a majority of the members present, the Mayor declared the motion carried, and the resolution adopted on the 21st day of March, 2006. MAYOR Andreí DeBerry ATTEST: CITY CLERK: Belinda McDonald (13-15c) Report News:
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