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Legal NoticesCOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMBINED NOTICE NOTICE OF NO SIGNIFICANT IMPACT AND NOTICE TO PUBLIC OF REQUEST FOR RELEASE OF FUNDS Thursday, August 24, 2006 City of Holly Springs 160 South Memphis Street Holly Springs, MS 38635 TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS: On or about Friday, September 8, 2006, the City of Holly Springs will request the Mississippi Development Authority to release funds under Title I of the Housing and Community Development Act of 1974, amended, for the following project: Proposed Project – The City of Holly Springs proposes to use Community Development Block Grant Economic Development funds for public infrastructure improvements including but not limited to the construction of water and sewer improvements to serve Alliance Health Care, a proposed development to be located in Holly Springs, Mississippi. FINDING OF NO SIGNIFICANT IMPACT It has been determined that such request for release of funds will not constitute an action that will significantly affect the quality of the human environment and accordingly the City of Holly Springs has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act (NEPA) of 1969 (PL 91-190) for the project. The reasons for such decision not to prepare such a statement are as follows: The proposed activities will have no adverse effect on the environment and the project will benefit the city by providing economic growth which will result in more jobs for the residents of the city. An Environmental Review Record (ERR) respecting the within project has been completed by the Jackson County Board of Supervisors and is on file in the City of Holly Springs City Clerk’s office, 160 South Memphis Street, Holly Springs, MS 38635, which documents the environmental review of the project and more fully sets forth why such a statement is not required. The Environmental Review Record is on file at the address listed above and is available for public examination and copying between the hours of 8:00 A.M. and 5:00 P.M., Monday thru Friday. No further environmental review of such project is proposed to be conducted prior to the request for release of federal funds. Public Comments of Findings All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by the City of Holly Springs, 160 South Memphis Street, Holly Springs, MS 38635. Such written comments received prior to Friday, September 8, 2006 will be considered by the City of Holly Springs and the City will not request the release of funds or take administrative action on the within named project prior to the date specified in the preceding sentence. The City of Holly Springs will undertake the project described above with grant funds from the Community Development Block Grant Program. The City of Holly Springs is certifying to the State that the Board and Andre’ DeBerry in his capacity as Mayor consent to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review, and that these responsibilities have been satisfied under the National Environmental Policy Act of 1969, as amended. OBJECTION TO STATE RELEASE OF FUNDS The State will accept an objection to its approval only if it is one of the bases set forth in 24 CFR Part 58.76. Objections must be prepared and submitted in accordance with the required procedures in 24 CFR Part 58 and may be addressed to Frank Reed, Grants Management, Post Office Box 24628, Jackson, Mississippi 39225-4628. Objections to the release of funds on bases other than those referenced above will not be considered by the State. No objection received after Monday, September 25, 2006 will be considered by the State. (34c)
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 April 16, 2001, executed by Kent Beard, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record in Land Deed of Trust Book 280 pages 593-595 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 Courthouse, in the City of Holly Springs, Mississippi, on SEPTEMBER 15, 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: Indexing: 0.5 acres more or less located in Section 17, Township 3 South, Range 3 West, Marshall County, Mississippi (Northwest corner of Lot 1 Cochran Farms, Plat 706B) more particularly described as: Beginning at the Northwest corner of the Southwest Quarter of Section 17, Township 3 South, Range 3 West, Marshall County, Mississippi; thence East along the North line of said Quarter Section 108.9 feet; thence South 200 feet; thence West 108.9 feet; thence North along the west line of said quarter section 200 feet to the point of beginning, containing 05. acres more or less. Source Deed: This is the same land and property as conveyed to Kent S. Beard and wife, Edna M. Beard as joint tenants with full rights of survivorship not as tenants in common by Quitclaim Deed from Jim Walter Homes, Inc. dated April 6, 1987 and recorded in Land Deed Book 215 at page 265 in the office of the Chancery Clerk of Marshall County, Mississippi. Edna M. Beard died on __________. Subject to: Rights of way and easements for public road and utilities and specifically an easement to City of Holly Springs dated June 10, 1997 recorded in Book 284 page 147 in the office of the Chancery Clerk of Marshall County, Mississippi. 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.
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 22nd day of August, 2006. William F. Schneller, Trustee Publishing Dates: Aug. 24, 31, Sept. 7, 14, 2006 (34-37c)
NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF LAND Under and by virtue of the authority vested in me as Substitute Trustee in that certain Deed of Trust dated March 12, 1999 executed by Kent Beard, unto D. Rook Moore, III, as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record in Land Deed of Trust Book 249 pages 92-94, of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi; Deed of Trust dated April 16, 2001 executed by Kent Beard, unto William F. Schneller, as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record in Land Deed of Trust Book 280 pages 590-592, 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 Substitute Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs Mississippi, on SEPTEMBER 15, 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: Lot No. 1 of Cochran Farms Subdivision of the Southwest Quarter of Section 17, Township 3 South, Range 3 West, according to plat of said subdivision recorded in Plat File No. 706B of the records of the Clerk of the Chancery Court of Marshall County, Mississippi containing 3.09 acres less and except that certain parcel more particularly described as follows: Beginning at the Northwest corner of the aforesaid Lot No. 1 run thence east along the North line of said Lot No. 1, 108.9 feet; run thence South 200 feet; thence run west 108.9 feet; run thence North along the west line of said Lot No. 1, 200 feet to the point of beginning, containing 0.5 acres more or less. Lot No. 2 of the Cochran Farms Subdivision according to plat thereof in Plat File No. 706B of the records of the Clerk of the Chancery Court of Marshall County, Mississippi containing 3.86 acres more or less in the Southwest Quarter of Section 17, Township 3 South, Range 3 West, Marshall County, Mississippi. The undersigned was appointed as Substitute Trustee by instrument dated July 22, 2003 recorded in Land Deed of Trust Book 333 page 628 of the records of the Clerk of the Chancery Court of Marshall County, Mississippi. 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 Substitute Trustee. WITNESS MY SIGNATURE on this the 22nd day of August, 2006. William F. Schneller, Substitute Trustee PUBLISHING DATES: Aug. 24, 31 and Sept. 7, 14, 2006 (34-37c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE LAST WILL AND TESTAMENT OF JOHN E. BELFOR DECEASED NO. 06-0640A TERRELL BELFOR PETITIONER NOTICE TO CREDITORS Letters Testamentary having been granted on the 16th day of August, 2006, by the Chancery Court of Marshall County, Mississippi, to the undersigned, upon the estate of John E. Belfor, 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 on this the 16th day of August, 2006. TERRELL BELFOR EXECUTOR WILLIAM F. SCHNELLER JONES & SCHNELLER, PLLC, Attorneys P.O. Box 417 Holly Springs, Mississippi 38635 Publication dates: Aug. 24, Aug. 31, & Sept. 7, 2006 (34-37c)
SUBSTITUTE TRUSTEES NOTICE OF SALE STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 18th day of December, 2003, Norma Bradley aka Norma L. Bradley, an Unmarried Person, executed and delivered a certain Deed of Trust unto Diane Slack and Todd Goodhart, 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 344 at Page 814; and WHEREAS, on the 8th day of January, 2006, Mortgage Electronic Registration Systems, Inc. as nominee for Fieldstone Mortgage Company, assigned said Deed of Trust unto LaSalle Bank National Association, as Trustee under the Trust Agreement for the Structured Asset Investment Loan Trust Series 2004-3, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 91 at Page 297; and WHEREAS, on the 11th day of August, 2006, 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 417 at Page 241; 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 14th day of September, 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: Commence at a 2 inch pipe found at the Southeast corner of the Southeast Quarter of Section 29, Township 5 South, Range 1 West, Marshall County, Mississippi; thence with painted red line run West for 461.6 feet to a steel post at the POINT OF BEGINNING for herein described parcel; thence continue West for 380.4 feet to a point on the East side of the Dan Barber Public Road, 20.0 feet from centerline; thence with said road run North 22 degrees 30 minutes West for 217.1 feet; thence run North 15 degrees 30 minutes West for 202.5 feet; thence run North 17 degrees 45 minutes West for 110.5 feet to a steel post, 20.0 feet from centerline; thence leaving said road and down wood fence run North 77 degrees 30 minutes East for 170.0 feet to a fence corner; thence with said fence run South 17 degrees 30 minutes East for 29.0 feet; thence leaving said fence run South 89 degrees 05 minutes East for 281.0 feet to a steel post; thence run South 10 degrees 30 minutes East for 514.9 feet to the POINT OF BEGINNING, containing 5.0 acres, more or less. All according to survey by Edward Overall, MLS # 1588 dated September 29, 2003. I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this day August 21, 2006 Emily Kaye Courteau SUBSTITUTE TRUSTEE 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 wd/F06-0003 PUBLISH: 8-24-06/8-31-06/9-7-06 (34-36c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI SARAH F. CRAIN, TESTATRIX VS. CAUSE NO: 06-0348 CHARLES K. CRAIN, EXECUTOR NOTICE TO CREDITORS Letters Testamentary were granted to the undersigned on the Estate of Sarah F. Crain, Deceased, by the Chancery Court of Marshall County, Mississippi, on July 31, 2006, and 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 within ninety (90) days from the date this notice is first published, or they will be forever barred. Witness my signature this the 9th day of August, 2006. CHARLES K. CRAIN, EXECUTOR JAMES E. WOODS, MSB#7386 WATKINS LUDLAM WINTER & STENNIS, P.A. P.O. Box 1456 6897 Crumpler Blvd., Suite 100 Olive Branch, MS 38654 (662) 895-2996 Solicitors for the Estate of Sarah F. Crain (34-36c)
NOTICE OF PUBLIC HEARING REZONE R-E TO C-1 The Marshall County Planning Commission will hold a public hearing during their regular scheduled meeting on Thursday, September 14, 2006, at the Marshall County Zoning and Planning Office at 590 Highway 178 East, Holly Springs, Mississippi. The Commission will hear a rezoning request from Mr. Earl Warren to rezone property from R-E to C-1 (36.36 acres). The property (portion of parcel 251-1-4) in question is located at the corner of Deer Creek Road (north side of road) and Highway 309 North. The Commission will make a recommendation to the Marshall County Board of Supervisors in regard to rezoning (the actual decision to rezone is a decision that is made by the Marshall County Board of Supervisors). The public is cordially invited. Any person may appear before the Commission either in person or by agent, or may file written comments regarding the request with the Administrative Official prior to the hearing. Written comments should be submitted no later than September 13, 2006 (P.O. Box 219, Holly Springs, MS 38635). The Planning Commission meeting is at 2:00 P.M. and the rezoning hearings will begin at 3:00 P.M. For further information you may call 662-252-3663 or visit the Marshall County Zoning Office. (34c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI MARSHALL COUNTY DEPARTMENT OF HUMAN SERVICES, BY TRACY MALONE, ACTING SOCIAL SERVICES REGIONAL DIRECTOR, AND JANIYA ELLIS AND DEVIN A. ELLIS, MINORS, BY AND THROUGH THEIR NEXT FRIEND, TRACY MALONE PETITIONERS VS. CIVIL ACTION, FILE NO. 06-0184A LIANA ELLIS AND UNKNOWN PUTATIVE FATHER RESPONDENTS CHANCERY COURT SUMMONS THE STATE OF MISSISSIPPI TO: Unknown Putative Father, who is not to be found in the State of Mississippi on diligent inquiry and whose identity and post office address are not known to the Petitioners after diligent inquiry made by said Petitioners. You have been made a Respondent in the suit filed in this Court by the Marshall County Department of Human Services by Tracy Malone, Acting Social Services Regional Director, and, Janiya Ellis and Devin A. Ellis, minors, seeking to terminate your parental rights as those rights relate to said minors and demanding that the full custody, control and authority to act on behalf of said minors be placed with the Marshall County Department of Human Services. Respondent other than you in this action is Liana Ellis. You are summoned to appear and defend against the petition filed against you in this action at 9:30 a.m. on the 24th day of October, 2006, in the courtroom of the Marshall County Chancery Courthouse at Holly Springs, Mississippi, and in case of your failure to appear and defend, a judgment will be entered against you for the relief demanded in the petition. You are not required to file an answer or other pleading, but you may do so if you desire. ISSUED under my hand and seal of said Court, this 15th day of Aug., 2006. C.W. (CHUCK) THOMAS, CHANCERY CLERK MARSHALL COUNTY, MISSISSIPPI HOLLY SPRINGS, MISSISSIPPI 38635 BY: Madalynne Ash Deputy Clerk Cynthia T. Eubank - MSB#101309 Special Assistant Attorney General Office of the Attorney General P.O. Box 220 Jackson, Mississippi 39205 Telephone No. (601) 359-4246 (34-36c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE LAST WILL AND TESTAMENT OF SHELIA DIANE ELMORE DECEASED NO. 06-0326A VICTORIA ELMORE PETITIONER NOTICE TO CREDITORS Letters Testamentary having been granted on the 16th day of August, 2006, by the Chancery Court of Marshall County, Mississippi, to the undersigned, upon the estate of Shelia Diane Elmore, 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 on this the 16th day of August, 2006. VICTORIA ELMORE EXECUTRIX WILLIAM F. SCHNELLER JONES & SCHNELLER, PLLC, Attorneys P.O. Box 417 Holly Springs, Mississippi 38635 Publication dates: Aug. 24, Aug. 31, & Sept. 7, 2006. (34-36c)
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 September 22, 2004, executed by Gracie Gray, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record in Land Deed of Trust Book 366 pages 95-100 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 Courthouse, in the City of Holly Springs, Mississippi, on FRIDAY, SEPTEMBER 15, 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: Lot 10 of Rising Star Subdivision a plat of which is recorded in Land Record of said County in Plat Book 3 page 91. Less and Except: One acre tract described as: A tract of land being part of Lot #10 of the Rising Star Subdivision as recorded in Plat Book 3, page 91 in the records of the Chancery Clerk’s office in Marshall County Courthouse all in Section 5, Township 4 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows: Commence at the Northwest corner of Lot 10, said point being in the centerline of Rising Star Road; thence South 1 degree 01 minute 31 seconds East 190.00 feet to a 1/2" rebar set, said point being the point of beginning; thence South 1 degree 01 minute 31 seconds East 199.01 feet to a 1/2" rebar set; thence South 78 degrees 23 minutes 34 seconds West 222.42 feet to a 1/2" rebar set; thence North 1 degree 10 minutes 03 seconds West 198.92 feet to a 1/2" rebar set; thence North 78 degrees 23 minutes 34 seconds East 222.92 feet to the point of beginning. Said tract containing 1.00 acre more or less. PROPERTY ALSO KNOW AS: 849 E. Rising Star Road, Holly Springs, MS 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 22nd day of August, 2006. William F. Schneller, Trustee Publishing Dates: Aug. 24, 31 and Sept. 7, 14, 2006 (34-37c)
NOTICE OF PUBLIC HEARING REZONE R-E to C-1 The Marshall County Planning Commission will hold a public hearing during their regular scheduled meeting on Thursday, September 14, 2006, at the Marshall County Zoning and Planning Office at 590 Highway 178 East, Holly Springs, Mississippi. The Commission will hear a rezoning request from Mr. Jim Tuttle. The property (parcel #254-23-14) is located at the corner Highway 302 and McCrae Road and is presently zoned R-E. The Commission will make a recommendation to the Marshall County Board of Supervisors in regard to rezoning (the actual decision to rezone is a decision that is made by the Marshall County Board of Supervisors). The public is cordially invited. Any person may appear before the Commission either in person or by agent, or may file written comments regarding the request with the Administrative Official prior to the hearing. Written comments should be submitted no later than September 13, 2006 (P.O. Box 219, Holly Springs, MS 38635). The Planning Commission meeting is at 2:00 P.M. and the rezoning hearing will be at 3:00 P.M. For further information you may call 662-252-3663 or visit the Marshall County Zoning Office. (34c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE LAST WILL AND TESTAMENT OF NENA T. LESTER DECEASED NO. 06-0264R JACK EDWARD LESTER EXECUTOR NOTICE TO CREDITORS Letters Testamentary having been granted on the14th day of August, 2006, by the Chancery Court of Marshall County, Mississippi, to the undersigned, upon the estate of Nena T. Lester, 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 on this the 14th day of August, 2006. Jack Edward Lester EXECUTOR WILLIAM F. SCHNELLER JONES & SCHNELLER, PLLC, Attorneys P.O. Box 417 Holly Springs, Mississippi 38635 Publication dates: Aug. 24, Aug. 31, and Sept. 2, 2006. (34-36c)
State of Mississippi County of Marshall Trustee’s Notice of Sale Whereas, on the 27th day of January, 2006, Kathy Manning executed a certain Deed of Trust unto Tanya Peters, Trustee for Scott Robinson, to secure an indebtedness, which said Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County in Holly Springs, Mississippi, in Deed of Trust Book 401 on page 679. Whereas, default having been made in payments of the indebtedness secured by said Deed of Trust and holder of the said Deed of Trust having requested the undersigned so to do, on the 15th day of September, 2006, I will, during legal hours, at public outcry, offer for sale and will sell, at the South front door of the Marshall County Courthouse in Holly Springs, Mississippi, for cash, to the highest bidder, the following land and property situated in Marshall County, to-wit: Lot 1 Greenbriar Subdivision, in Section 6, Township 4 South, Range 2 West, Marshall County Mississippi in the City of Holly Springs, as recorded in Plat file 426 A&B in the Chancery Clerk’s Office of Marshall County, Mississippi I will convey only such title as vested in me as Trustee. Witness my signature, this the 15th day of August, 2006. Tanya Peters Publishing Dates: 8-24-06, 9-31-06, 9-7-06, 9-14-06 (34-37c)
The Marshall County Planning Commission will meet for their regularly scheduled meeting on Thursday, September 14, 2006, 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: Mr. Theodoric Stephen on behalf of himself and his family request to be allowed to operate a recreational park on the family property (Sylvester Jones Estates) located on Robert Chapel Road. If allowed, it will be for four wheeler shows, family reunions and other family events. The property in question is zoned Agricultural-Residential and contains approximately 33.6 acres. ITEM 2: Mrs. Dorothy L. Williams at 161 Turner Cove requests to be allowed to establish a family cemetery on her property, Lot #39 of Woods Country Estates Subdivision. The property in question contains approximately 2.87 acres and is zoned R-2. ITEM 3: Mrs. Ruby I. Asbury at 88 Embry Road requests to be allowed to deed her sister, Edna D. Higgins 1.5 acres of her three (3) acres to build a home. The property in question is Lot #3 of West Byhalia Estates Subdivision and is zoned R-1. ITEM 4: Mrs. Stella Beville requests to be allowed to build a second home on her property located at 77 Stevens Road. If allowed, the new home will be for her son, Bobby Beville and the existing house will be for one of her other children. The property in question is Lot #7C of DeSoto Estates Subdivision, contains approximately 4.75 acres and is zoned R-1. ITEM 5: Rezoning hearing for Mr. Earl Warren. ITEM 6: Rezoning hearing for William Land Company. ITEM 7: Rezoning hearing for Mr. Jim Tuttle (34c)
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 February 16, 2005, executed by James W. Moody, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Jimmy Dodson, Beneficiary, said Deed of Trust being of record in Land Deed of Trust Book 376 pages 126-128 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 front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on FRIDAY, SEPTEMBER 15, 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: Lots 650K and 651 of Holly Springs Lake Estates Subdivision, in Section 36, Township 4 South, Range 2 West, Marshall County, Mississippi; a plat of which was recorded in Plat Book 2, Pages 26, 27 and 29 in the Office of the Chancery Clerk of Marshall County, Mississippi, and is now recorded in Plat Files #72A, 72B, 73A, 73B, 74A, 74B, 75A, 75B, 77A and 77B. PARCEL NO. 097R-36-07401 and 097R-36-07400 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 21st day of August, 2006. William F. Schneller, Trustee Publishing Dates: Aug. 24, 31 and Sept. 7,14, 2006 (34-37c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on May 5, 1997, Paul Phipps and Linda Phipps, executed a Deed of Trust to William F. Schneller, Trustee for the use and benefit of Associates Financial Services Company of Delaware, 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 222 at Page 567, 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 416 at Page 123, 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 20th day of September, 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 No. 79 of Humphrey's Road Farms, containing 2.48 acres, being in Section 23, Township 3 South, Range 4 West, Marshall County, Mississippi. A plat of said subdivision being of record in the office of the Chancery Clerk of said county in Plat File 771-B. Subject to protective covenants recorded with said plat, easements of record or in place, and laws of the United States and the State of 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 Substitute Trustee. WITNESS my signature, on this the 17th day of August, 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 #13747 PUBLISH: August 24, 31, September 7, 14, 2006 (34-37c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN RE: VALIDATION OF MARSHALL COUNTY, MISSISSIPPI GENERAL OBLIGATION REFUNDING BONDS, SERIES 2006, ISSUED IN THE PRINCIPAL AMOUNT OF TWO MILLION EIGHT HUNDRED FIFTY FIVE THOUSAND DOLLARS ($2,855,000) No: 06-0380R NOTICE TO TAX PAYERS TO: THE TAXPAYERS OF MARSHALL COUNTY, MISSISSIPPI You are hereby notified that the matter of the validation of the above-described obligations will be heard on the 30th day of August, 2006, at 8:30 o’clock a.m., in the Chancery Court of Marshall County, Mississippi, at the Marshall County Courthouse in the City of Holly Springs, Mississippi, at or before which time and date written objections to the validation of the issuance of said obligations, if any, must be filed. By Order of the Chancellor, this the 17th day of August, 2006. CHARLES W. THOMAS, CHANCERY CLERK MARSHALL COUNTY, MISSISSIPPI BY: Charles W. Thomas (34c)
SUBSTITUTE TRUSTEES NOTICE OF SALE STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 31st day of October, 2000, Aaron D. Tucker, executed and delivered a certain Deed of Trust unto Thomas F. Baker, IV, Shelby County, TN, Trustee for First Horizon Home Loan Corporation d/b/a First Tennessee Home Loans, 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 272 at Page 517; and WHEREAS, on the 17th day of January, 2001, First Horizon Home Loan Corporation d/b/a First Tennessee Home Loans, assigned said Deed of Trust unto The Leader Mortgage Company, by instrument recorded in the office of the aforesaid Chancery Clerk in Book PA 67 at Page 391; and WHEREAS, on the 4th day of August, 2006, 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 416 at Page 479; 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 14th day of September, 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: Lot 15 of the Ash Subdivision, in the Northwest Quarter, Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi; according to the Plat recorded in Plat Book 3, Page 26, in the Office of the Chancery Clerk of Marshall County, Mississippi. Said plat now being refiled as Plat File # 139 A&B, and more particularly described as follows: Commencing at a three-eighth inch iron pin at the Northwest Corner of Lot 15 of the Ash Subdivision, as recorded in Plat File No. 139 A&B in the Chancery Clerk's Office of Marshall County, Mississippi for the Point of Beginning; thence South 89 degrees 29 minutes 34 seconds East (passing through a one-half inch iron pin at 89.00 ft.) a distance of 107.54 feet to a point in the center of a ditch; thence south 24 degrees 47 minutes 28 seconds East, along center of said ditch, 26.87 feet to a point; thence South 44 degrees 22 minutes 53 seconds East, along center of said ditch, 18.77 feet to a point; thence South 05 degrees 45 minutes 33 seconds East, along center of said ditch, 20.70 feet to a point; thence South 03 degrees 58 minutes 06 seconds West 36.89 feet to a point; thence North 89 degrees 29 minutes 33 seconds West (passing through a one-half inch iron pin at 20.05 ft.) a distance of 133.18 feet to a one-half inch iron pin on the East right-of-way line of Robindale Lane at the Southwest Corner of said Lot 15; thence North 01 degree 02 minutes 28 seconds East, along said right-of-way line, 95.00 feet to the Point of Beginning, said tract being Lot 15 of Ash Subdivision and lying in the Northwest Quarter of Section 32, Township 3 South, Range 2 West and containing 0.28 acre. I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this day August 15, 2006 Emily Kaye Courteau SUBSTITUTE TRUSTEE 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 wd/F06-0841 PUBLISH: 8-24-06/8-31-06/9-7-06 (34-37c)
NOTICE OF PUBLIC HEARING REZONE R-E and C-1 to R-E, C-1 and C-2 The Marshall County Planning Commission will hold a public hearing during their regular scheduled meeting on Thursday, September 14, 2006, at the Marshall County Zoning and Planning Office at 590 Highway 178 East, Holly Springs, Mississippi. The Commission will hear a rezoning request from Williams Land Company. The property (parcel #247-25-60 and 189-30-67) is located at the corner of Highway 302 and Clark Road (north side of Highway 302) and is presently zoned R-E and C-1. The request for rezoning is as follows: 61.50 acres to C-2, 74.50 acres to C-1 and 63.80 acres to R-E. The Commission will make a recommendation to the Marshall County Board of Supervisors in regard to rezoning (the actual decision to rezone is a decision that is made by the Marshall County Board of Supervisors. The public is cordially invited. Any person may appear before the Commission either in person or by agent, or may file written comments regarding the request with the Administrative Official prior to the hearing. Written comments should be submitted no later than September 13, 2006 (P.O. Box 219, Holly Springs, MS 38635). The Planning Commission meeting is at 2:00 P.M. and the rezoning hearing will be at 3:00 P.M. For further information you may call 662-252-3663 or visit the Marshall County Zoning Office. (34c) Report News:
(662) 252-4261 or south@dixie-net.com
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