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Thursday, April 5, 2007 |
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Legal NoticesSubstitute Trustees Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 29th day of March, 2000, Timothy Wayne Ashcraft, a married man, and Donna Jo Ashcraft, his wife, executed and delivered a certain Deed of Trust unto Michelle Carroll, Trustee for Quicken Loans 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 264 at Page 18; and WHEREAS, on the 29th day of January, 2007, Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corporation, its successors and assigns, assigned said Deed of Trust unto Wells Fargo Bank, N.A., formerly known as Wells Fargo Bank Minnesota, N.A., as trustee, in trust for the Holders of Structured Asset Securities Corporation Mortage Pass Through Certificates,Series 2002-BC1, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 93 at Page 405; and WHEREAS, on the 29th day of January, 2007, 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 431 at Page 529; 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 26th day of April, 2007, 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 and residence situated in Section 36, Township 2 South, Range 5 West, and being more particularly described as being the North 100 feet of the lot known as the Durram lot, as same is described by deed of record in Land Deed Book 65, Page 638, land deed records of Marshall County, Mississippi and being more particularly described as: BEGINNING at a stake in the center of a ditch where the same intersects College Street and running thence South 130 feet to a stake; thence West 6 rods and 10 links to a line of the Woods Property; thence North 130 feet, more or less, to the center of the said ditch; thence East 6 rods and 10 links, more or less, with the meandering of said ditch to the point of beginning and being the same property conveyed to Russell W. McKinley and wife, Marjorie G. McKinley of Deed dated December 1, 1966 from A.N. French and D. R. Moore, Jr., recorded in Land Deed Book 111, page 231, land deed records of Marshall County, Mississippi. I will only convey such title as is vested in me as Substitute Trustee WITNESS MY SIGNATURE, this day March 28, 2007 Emily Kaye Courteau Substitute Trustee 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 kdk/F07-0098 PUBLISH: April 5, 2007, April 12, 2007, April 19, 2007 (14-16c)
STATE OF MISSISSIPPI COUNTY OF MARSHALL NOTICE TO BIDDERS Please be advised that sealed bids will be received by the Board of Supervisors of Marshall County, Mississippi in the office of the County Administrator, Courthouse, Post Office Box 219, Holly Springs,MS 38635, (662) 252-7903 until 10:00 a.m., Monday, May 14, 2007 for the rental of the listed heavy equipment with or without operator by the hour and by the month for the period of six months. Dozer with minimum 58 HP, 6-way blade Rubber tired front end loader, any size 120 HP through 350 HP dozer Track type front end loader any size Excavator equal to or larger than 690 John Deere or 215 Cat. Pull type sheep foot roller Rollers, vibratory or other Self-propelled dirt pans Tractor-dirt pan combination Sealed bids will be received at the office of the County Administrator until 10:00 a.m. on Monday, May 14, 2007 when bids will be opened, examined and contracts awarded to the lowest and best bids received. The Board reserves the right to reject any and all bids and to waive any and all formalities in the best interest of the County. This the 2nd day of April, 2007. Larry Hall County Administrator (14-15c)
STATE OF MISSISSIPPI COUNTY OF MARSHALL NOTICE TO BIDDERS The Marshall County Board of Supervisors will receive sealed bids in the office of the County Administrator, Post Office Box 219, Holly Springs,Mississippi 38635, until 10:00 a.m., Monday, May 14, 2007 and thereafter publicly open them for furnishing, placing and compacting bituminous hot mix under maintenance contract No. MC-M-2000. Sealed bids shall be received on each of the following items. Work order(s) shall be issued for individual assignments with payment to be made under the appropriate quantity unit pricing. Each work order shall be completed within 45 calendar days of the date of the work order. Haul distance shall be measured from the scales at the asphalt plant to the job site. Quotation for Furnishing, Placing and Compaction SC-1 Surface Mix Less than 100 tons @ $______per ton SC-1 Surface Mix 101 to 300 tons @ $______per ton SC-1 Surface Mix 301 to 500 tons @ $______per ton SC-1 Surface Mix 501 to 750 tons @ $______per ton SC-1 Surface Mix 751 to 1,000 tons @ $______per ton SC-1 Surface Mix more than 1,000 tons@$______per ton Quotation for Freight SC-1 Surface Mix @ $______per ton with a minimum freight of $_______ per ton regardless of haul distance. Bid prices accepted shall be for a period of 7 months, May 14, 2007 until December 31, 2007. The Board reserves the right to reject any and all bids and to waive any and all formalities in the best interest of the County. This the 2nd day of April, 2007 Larry Hall County Administrator (14-15c)
NOTICE OF BOND SALE $3,250,000 ELECTRIC SYSTEM REVENUE BONDS, SERIES 2007 OF THE CITY OF HOLLY SPRINGS, MISSISSIPPI NOTICE IS HEREBY GIVEN that the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi (the "Governing Body" of the "Municipality") will receive sealed bids at the office of the City Clerk in the City Hall of the Municipality until the hour of 4:00 o'clock p.m. on April 17, 2007, at which time said bids will be publicly opened and read for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of Three Million Two Hundred Fifty Thousand Dollars ($3,250,000) Electric System Revenue Bonds, Series 2007, of the Municipality (the "Series 2007 Bonds"). The City Clerk of the Municipality will act on behalf of the Governing Body to receive such bids at the aforesaid date, time and place. THE SERIES 2007 BONDS: The Series 2007 Bonds will be dated and bear interest from May 1, 2007; will be delivered in definitive form as registered bonds; will be in the denomination of Five Thousand Dollars ($5,000) each, or integral multiples thereof up to the amount of a single maturity; will be numbered from one upward in the order of issuance; will be payable as to principal at a bank or trust company to be named by the Governing Body, in the manner hereinafter provided; and will bear interest, payable on May 1, 2008 and semiannually thereafter on May 1 and November 1 of each year, at the rate or rates offered by the successful bidder in its bid in accordance with this Notice of Bond Sale. MATURITIES: The Series 2007 Bonds will mature serially, with option of prior payment, on May 1 in each of the years and amounts as follows: YEAR AMOUNT 2008 $95,000 2009 100,000 2010 105,000 2011 110,000 2012 120,000 2013 125,000 2014 130,000 2015 135,000 2016 145,000 2017 150,000 2018 160,000 2019 170,000 2020 175,000 2021 185,000 2022 195,000 2023 205,000 2024 220,000 2025 230,000 2026 240,000 2027 255,000 REDEMPTION: (a) The Series 2007 Bonds maturing after May 1, 2017, are subject to redemption prior to their stated dates of maturity at the option of the Municipality on and after May 1, 2017, in whole or in part on any date (if in part then by lot within a maturity with particular Series 2007 Bonds to be selected by the Paying Agent in such manner as it shall deem fair and appropriate), with the maturities and principal amounts thereof to be determined by the Municipality, at the principal amount thereof, together with accrued interest to the date fixed for redemption. Interest shall cease to accrue on any of the Series 2007 Bonds which are duly called for redemption on the date set for redemption if payment thereof on the redemption date has been duly made or provided for. (b) At least thirty (30) days before the redemption date of any Series 2007 Bonds, the City Clerk shall cause a notice of any such redemption, either in whole or in part, signed by the City Clerk, (1) to be filed with the Paying Agent (as hereinafter defined) and (2) to be mailed, postage prepaid, to all registered owners of the Series 2007 Bonds at their addresses as they appear on the registration books of the Paying Agent, but failure so to file or mail any such notice shall not affect the validity of the proceedings for such redemption. Each such notice shall set forth the date fixed for redemption, the redemption price to be paid, the place or places at which payment shall be made and, if less than all of the Series 2007 Bonds of any one maturity shall be called for redemption, the distinctive numbers and letters, if any, of such Series 2007 Bonds to be redeemed. AUTHORITY AND SECURITY: The Series 2007 Bonds will be issued pursuant to the authority of Sections 21-27-11 through 21-27-69, Mississippi Code of 1972, as amended (the "Act"). The principal of, premium, if any, and interest on the Series 2007 Bonds will be payable solely from (i)CAa sufficiency of the gross revenues derived from the operation of the electric system (the "System") of the Municipality, subject to the prior payment of the reasonable and necessary expenses of operating and maintaining the System, and (ii) the Debt Service Account and the Debt Service Reserve Account provided for in the Series 2007 Bond Resolution, which sources have been pledged on a parity of lien with any Additional Bonds issued in the future as authorized in the Series 2007 Bond Resolution. PURPOSE: The Series 2007 Bonds are being issued to provide funds for improving, repairing and extending the electric system of the Municipality. FORM OF BIDS: Bids should be addressed to the Mayor and Board of Aldermen and should be plainly marked "Bid for Electric System Revenue Bonds, Series 2007, of the City of Holly Springs, Mississippi," and should be filed with the City Clerk of the Municipality on or prior to the date and hour hereinabove named. All bids should be submitted substantially in the form prepared by the Municipality, copies of which may be obtained from the Clerk of the Municipality at the address shown below. INTEREST RATE AND BID RESTRICTIONS: The Series 2007 Bonds shall not bear a greater overall maximum interest rate to maturity than thirteen percent (13%) per annum, nor shall the interest rate for any one maturity exceed thirteen percent (13%) per annum. No Series 2007 Bond shall bear more than one (1) rate of interest; each Series 2007 Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Series 2007 Bonds of the same maturity shall bear the same rate of interest from date to maturity; and the lowest interest rate specified shall not be less than seventy percent (70%) of the highest interest rate specified. Each interest rate specified in any bid must be a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named. GOOD FAITH DEPOSIT: Each bid must be accompanied by a cashier's check, certified check, or exchange, issued or certified by a bank located in the State of Mississippi, payable to the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, in the amount of Sixty-five Thousand Dollars ($65,000) as a guaranty that the bidder will carry out its contract and purchase the Series 2007 Bonds if its bid be accepted. All checks of unsuccessful bidders will be returned immediately on award of the Series 2007 Bonds. If the successful bidder fails to purchase the Series 2007 Bonds pursuant to its bid and contract, then the amount of such good faith check shall be retained by the Municipality as liquidated damages for such failure. No interest will be allowed on the amount of the good faith deposit. AWARD OF SERIES 2007 BONDS: The award, if any, will be made to the bidder complying with the terms of sale and offering to purchase the Series 2007 Bonds at the lowest net interest cost to the Municipality, which shall be determined by computing the aggregate interest on the Series 2007 Bonds over the life of the issue at the rate or rates of interest specified by the bidder, less premium offered, if any. It is requested that each bid be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the bid. All bids shall remain firm for four (4) hours after the time specified for the opening of bids, and an award of the Series 2007 Bonds, or rejection of bids, will be made by the Governing Body within said period of time. RIGHT OF REJECTION, CANCELLATION: The Governing Body reserves the right to reject any or all bids submitted, as well as to waive any irregularity or informality in any bid. The successful bidder shall have the right, at its option, to cancel its agreement to purchase the Series 2007 Bonds if the Series 2007 Bonds are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the Governing Body shall return to said bidder its good faith deposit. The Governing Body shall have the right, at its option, to cancel its agreement to sell the Series 2007 Bonds if within five (5) days after the tender of the Series 2007 Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Series 2007 Bonds, and in such event the Governing Body shall retain the successful bidder's good faith deposit as liquidated damages as hereinabove provided. PAYING AGENT, TRANSFER AGENT AND REGISTRAR: The successful bidder may designate a bank or trust company located within the State of Mississippi to serve as paying agent (the "Paying Agent") for the Series 2007 Bonds within forty-eight (48) hours of the date of the sale of the Series 2007 Bonds, subject to the approval of the Board. The Board's approval of the Paying Agent shall be contingent on a determination as to the willingness and ability of the Paying Agent to perform the duties of registrar and transfer agent and on the satisfactory negotiation of service fees. The Paying Agent shall be subject to change by order of the Governing Body under the conditions and in the manner provided in the Series 2007 Bond Resolution under which the Series 2007 Bonds are issued. Both principal of and interest on the Series 2007 Bonds will be payable by check or draft mailed to registered owners of the Series 2007 Bonds as of the fifteenth (15th) day of the month preceding the maturity date for such principal or interest payment at the addresses appearing in the registration records of the Municipality maintained by the Paying Agent. The Series 2007 Bonds will be transferable only upon the books of the Paying Agent, and payment of principal at maturity shall be conditioned on the proper presentation and surrender of the Series 2007 Bonds to the Paying Agent. DELIVERY: The successful bidder must designate within twenty (20) days of the date of sale, or at such other later date as may be designated by the Governing Body, the names and addresses of the registered owners of the Series 2007 Bonds and the denominations in which the Series 2007 Bonds of each maturity are to be issued. If the successful bidder fails to submit such information within the required time, one Series 2007 Bond may be issued for each maturity in the full amount maturing on that date registered in the name of the successful bidder. The Series 2007 Bonds will be delivered at a place to be designated by the purchaser and without cost to the purchaser, and payment therefor shall be made in immediately available funds. CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on the Series 2007 Bonds unless specifically declined by the purchaser, but neither the failure to print such number on any Series 2007 Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Series 2007 Bonds in accordance with the terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on the Series 2007 Bonds shall be paid by the Municipality; the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the purchaser. LEGAL OPINION; CLOSING DOCUMENTS: The Series 2007 Bonds are offered subject to the unqualified approval of the legality thereof by Watkins Ludlam Winter & Stennis, P.A., Jackson, Mississippi, Bond Counsel. In the opinion of Watkins Ludlam Winter & Stennis, P.A., interest on the Series 2007 Bonds is excluded from gross income for purposes of federal and Mississippi income taxes under existing laws, regulations, rulings and judicial decisions with such exceptions as shall be described in the Official Statement for the Series 2007 Bonds. A copy of the opinion of Bond Counsel, which will be printed on the back of each Bond or accompany the delivery of the Series 2007 Bonds, together with the usual closing papers, including a no-litigation certificate dated the date of delivery of the Series 2007 Bonds, evidencing that no litigation is pending in any way affecting the legality of the Series 2007 Bonds or the revenues pledged for the payment of the principal thereof and interest thereon, and a transcript of the proceedings relating to the Series 2007 Bonds will be delivered to the successful bidder without charge. The Municipality will pay for all legal fees and will pay for the printing and validation of the Series 2007 Bonds. INFORMATION FROM PURCHASER: The purchaser must certify to the Municipality the initial offering price to the public (excluding bond houses, brokers and other intermediaries) of each maturity of the Series 2007 Bonds at which a substantial amount of Series 2007 Bonds of that maturity were sold, to enable the Municipality to compute the yield on the Series 2007 Bonds for federal arbitrage law purposes. FURTHER INFORMATION: The Municipality has prepared a Preliminary Official Statement which it deems, for purposes of S.E.C. Rule 15c2-12, to be final and complete as of this date except for the omission of the offering prices, interest rates, and any other terms of the Series 2007 Bonds depending on such matters, and the identity of the underwriters, subject to revision, amendment and completion in a final Official Statement. By submission of its bid, the successful bidder will be deemed to have certified that it has obtained and reviewed the Preliminary Official Statement. Upon the award of the Series 2007 Bonds, the Municipality will publish an Official Statement in substantially the same form as the Preliminary Official Statement subject to minor additions, deletions and revisions as required to complete the Preliminary Official Statement. The Municipality will furnish up to fifty (50) copies of the Official Statement to the successful bidder of the Series 2007 Bonds without charge within seven (7) business days after the award of the bid. The successful bidder must notify the City Clerk of the Municipality in writing within five (5) business days of the award if the bidder requires additional copies of the Official Statement to comply with applicable regulations. The cost for such additional copies will be paid by the successful bidder requesting such copies. By submission of its bid, the successful bidder will be deemed to have agreed to supply to the Municipality all necessary pricing information and any underwriter identification determined by the Municipality to be necessary for the Official Statement within 24 hours after the award of the Series 2007 Bonds. A copy of the Preliminary Official Statement and the bid form may be obtained from Suzanne Jochimsen at Watkins Ludlam Winter & Stennis, P.A. at 601-949-4797. CONTINUING DISCLOSURE: In order to assist bidders in complying with S.E.C. RuleCA15c2-12(b)(5), the Municipality will undertake, pursuant to the Series 2007 Bond Resolution and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. Failure of the Municipality to deliver the Continuing Disclosure Certificate at the time of issuance and delivery of the Series 2007 Bonds shall relieve the successful bidder from its obligation to purchase the Series 2007 Bonds. By order of the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, on April 3, 2007. /S/ City Clerk (14-15c)
Substitute Trustees Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 18th day of December, 2003, Norma 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 26th day of April, 2007, 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 April 2, 2007 Emily Kaye Courteau Substitute Trustee 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 hnc/F06-0003CA PUBLISH: 4-5-07 / 4-12-07 / 4-19-07 (14-16c)
LEGAL NOTICE NOTICE TO CONTRACTORS Sealed bids will be received by the Mississippi Department of Transportation Commission, Jackson, Mississippi, until 10:00 o’clock a.m. Tuesday, April 24, 2007 For Construction Necessary For Guardrail Placement In Various Locations In District 2, Known As Federal Aid Project No. PSB-0000-02(004)/104835302, In The County Of Marshall, State Of Mississippi. Project Completion: 59 Time Units Certified Check, Cashier’s Check or Bid Bond for five percent (5%) of bid must accompany each proposal. Proposal and detailed information may be secured from the Contract Administration Division by calling (601) 359-7744. Larry L. “Butch” Brown, Executive Director (14c)
Substitute Trustees Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 24th day of November, 2004, James Hurley And Mary Delores Hurley - Husband And Wife, executed and delivered a certain Deed of Trust unto Nations Title Agency, 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 370 at Page 239; and WHEREAS, on the 21st day of March, 2007, Mortgage Electronic Registration Systems, Inc., assigned said Deed of Trust unto Deutsche Bank National Trust Company as Trustee for the Holders of IXIS Real Estate Capital Trust 2005-HE1, Mortgage Pass-Through Certificates, Series 2005-HE1, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 94 at Page 35; and WHEREAS, on the 21st day of March, 2007, 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 434 at Page 820; 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 26th day of April, 2007, 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 eighty-one (81) of Holiday Estate Subdivision of Marshall County, Mississippi, according to the Plat and Survey of said Subdivision recorded in Plat Book 8, Page 51, 52 in the Office of the Chancery Clerk of Marshall County, Mississippi, reference to which is here made in aid of this description, subject to liens, reservations, restrictions, easements and exceptions of record. Property acquired by Mary Delores Hurley by Quit Claim Deed dated October 6, 2001 and recorded in the Conveyance Records at Book 321, Page 456 of Marshall County, Mississippi. I will only convey such title as is vested in me as Substitute Trustee WITNESS MY SIGNATURE, this day March 30, 2007. Emily Kaye Courteau Substitute Trustee 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 kdk/F06-2055 PUBLISH: April 5, 2007, April 12, 2007, April 19, 2007 (14-16c)
Public Hearing Pursuant to the order of the Board of Aldermen of the Town of Byhalia, notice is hereby given to all persons interested or in any way affected thereby that L.E. Malone has filed an application with the undersigned to rezone the following described property from R15 to B2: 40 +/- acres at Oak Street and Highway 309. Said application will be heard by the Board of Aldermen of the Town of Byhalia at the Byhalia Town Hall at 5:30 P.M. May 1, 2007, at which time all parties interested in or affected thereby will be heard, after which a decision will be rendered by the Board of Aldermen. Any objection thereto may be made by any person owning property within 160 feet of said area exclusive of streets, and if made in writing, must be filed with the undersigned before said time if a hearing thereon or consideration thereof is desired, or any party interested may appear in person or by counsel on said date. This the 4th day of April, 2007. Anna Marie Adkins Town Clerk Town of Byhalia (14c)
SUBSTITUTE TRUSTEE’S NOTICE OF SALE WHEREAS, on August 27, 2003, Dana M. Mann executed a deed of trust to CTC Real Estate Services, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc. solely as nominee for Countrywide Home Loans, Inc., which deed of trust is recorded in Deed of Trust Book 337 at Page 367 in the office of the Chancery Clerk of the County of Marshall, State of Mississippi; and WHEREAS, the aforesaid deed of trust was assigned to COUNTRYWIDE HOME LOANS, SERVICING LP, by instrument dated September 14, 2006, and recorded in Book 91 at Page 679 of the records of the aforesaid Chancery Clerk; and WHEREAS, the aforesaid, COUNTRYWIDE HOME LOANS, SERVICING LP, the holder of said deed of trust and the note secured thereby, substituted April L. Gremillion or Zachary A. Copp or James L. DeLoach, as Trustee therein, as authorized by the terms thereof, by instrument dated November 6, 2006 and recorded in the office of the aforesaid Chancery Clerk in Book 426 at Page 97; 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, COUNTRYWIDE HOME LOANS, SERVICING LP, 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 expense of sale; NOW, THEREFORE, I, April L. Gremillion or Zachary A. Copp or James L. DeLoach, Substitute Trustee in said deed of trust, will on April 27, 2007, 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 steps of the County Courthouse at Holly Springs, Marshall County, State of Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit; A TRACT OF LAND BEING A PART OF FARM #62 OF COLDWATER-CAYCE FARMS, MAR-CON FARMS OR GASTON FARMS, IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 2 SOUTH, RANGE 4 WEST, MARSHALL COUNTY, MISSISSIPPI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT A COTTON PICKER SPINDLE SET AT THE SOUTHWEST CORNER OF FARM #62 OF COLDWATER-CAYCE FARMS, MAR-CON FARMS OR GASTON FARMS IN THE NORTHWEST QUARTEROF SECTION 26, TOWNSHIP 2 SOUTH, RANGE 4 WEST, MARSHALL COUNTY, MISSISSIPPI, AND ALSO BEING THE POINT OF BEGINNING OF SAID TRACT; RUN THENCE SOUTH 89 DEG 17 MIN 16 SEC EAST ALONG THE CENTER OF GRAMLING ROAND 248.73 FEET TO A COTTON PICKER SPINDLE SET; THENCE NORTH 01 DEG 08 MIN 28 SEC WEST PASSING A 1/2 INCH IRON PIN SET AT 33.00 FEET A DISTANCE OF 513.75 FEET TO A 1/2" IRON PIN SET; THENCE SOUTH 87 DEG 58 MIN 01 SEC WEST 44.18 FEET TO A 1/2 " IRON PIN SET; THENCE NORTH 02 DEG 00 MIN 28 SEC WEST 163.87 FEET TO A 1/2" IRON PIN SET; THENCE NORTH 88 DEG 00MIN 40 SEC WEST 177.19 FEET TO A 1/2 INCH IRON PIN SET; THENCE SOUTH 00 DEG 58 MIN 14 SEC WEST ALONG A FENCE PASSING A 1 INCH ANGLE IRON FOUND AT 637.43 FEET; ALSO PASSING A 1/2 INCH PIN SET AT 646.00 FEET TO A DISTANCE OF 679.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3.50 ACRES, MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN, DESCRIBED AND DEPICTED AS TRACT #1 UPON THAT CERTAIN PLAT AND BOUNDARY SURVEY PREPARED BY LANDCE KEITH KNIGHTON, MLS #2685, UNDER DATE OF SEPTEMBER 24, 1997, A TRUE AND CORRECT COPY OF WHICH IS ATTACHED HERETO IN FURTHER AID OF THIS DESCRIPTION." Also known as 185 E Gramling, Byhalia, MS 38611 I WILL CONVEY only such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this the 22nd day of March, 2007. April L. Gremillion or Zachary A. Copp or James L. DeLoach Substitute Trustee Butler & Hosch, P.A. 13800 Montfort Drive, Suite 300 Dallas, Texas 75240 Telephone No.:(972) 233-2500 PUBLISH: April 5, 2007, April 12, 2007, April 19, 2007, and April 26, 2007. (14-17c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI NYLA FORBES MOORE, TESTATRIX VS. CAUSE NO: 07-0122 JEAN MOORE ASHMORE and JANIS FORBES MOORE GREENE, CO-EXECUTRIX NOTICE TO CREDITORS Letters Testamentary were granted to the undersigned on the Estate of Nyla Forbes Moore, Deceased, by the Chancery Court of Marshall County, Mississippi, on March 28, 2007, 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 2nd day of April, 2007. JEAN MOORE ASHMORE JANIS FORBES MOORE GREENE 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 Nyla Forbes Moore (14-16c)
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 December 28, 1998, executed by Calvin Sharp, unto C. Collier Carlton, Jr. as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 245pages 425-429; Deed of Trust dated December 3, 2001, executed by Calvin Sharp, unto C. Collier Carlton, Jr. as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 293 pages 766-770; Deed of Trust dated July 16, 2002, executed by Calvin Sharp, unto C. Collier Carlton, Jr. as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 307pages 827-831; Deed of Trust dated July 29, 2003, executed by Calvin Sharp, unto C. Collier Carlton, Jr. as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record in Land Deed of Trust Book 334 pages 321-325; the undersigned was appointed as Substitute Trustee by instrument dated June 7, 2006 recorded in Land Book 414 page 129 all in the land records of the Clerk of the Chancery Court of Marshall County, Mississippi; and default having been made in the payment of the indebtedness thereby secured, and the undersigned having been requested by the legal holder of said indebtedness to foreclose said Deed of Trust, notice is hereby given that I, as 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 Friday, April 27, 2007 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: Being Lot 16C of Lot 16 of CUFFAWA FARMS, SOUTH CHULAHOMA DIVISION 1, a plat of which is recorded in Plat book 6 page 42 in the office of the Chancery Clerk, and being in the Southeast Quarter of Section 16, Township 5 South, Range 4 West, Marshall County, Mississippi; and described as: BEGIN at the Northeast Corner of Lot 16 of Cuffawa Farms; and run thence South 5 degrees 35 minutes West along the center of a county road 136.46 feet to the Point of Beginning; run thence South 5 degrees 35 minutes West along the center of a said road 68.24 feet to a point; thence South 89 degrees 41 minutes West 355 feet, more or less, thence North 24 degrees 2 minutes East 69 feet, more or less, thence North 89 degrees 41 minutes East along the south boundary of lot 16B 342.5 feet, more or less, to the Point of Beginning. 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. SOURCE DEED: This is the same property as conveyed to Calvin Sharp, a single man by Warranty Deed from Pattie Sharp, a single woman, dated April 23, 1977 and recorded in Land Deed Book No.161 at page 320. PARCEL NO: 225-16-33 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 2nd day of April, 2007. William F. Schneller, Substitute Trustee Publishing Dates: April 5, 12, 19 and 26, 2007 (14-16c)
Substitute Trustees Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 1st day of July, 1999, Ollie L. Shelton, Ethel M. Shelton, husband and wife, executed and delivered a certain Deed of Trust unto Jeff Surratt, Trustee for Conseco Bank, 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 253 at Page 265; and WHEREAS, on the 26th day of August, 1999, Conseco Bank, Inc., assigned said Deed of Trust unto Green Tree Financial Servicing Corporation, by instrument recorded in the office of the aforesaid Chancery Clerk in Book PA 63 at Page 328; and WHEREAS, on the 28th day of March, 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 434 at Page 517; 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 26th day of April, 2007, 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: A parcel of land off of the north side of Lot No. 10 according to the plan and survey of the city of Holly Springs, on Section 5, Township 4, Range 2 West, said parcel of land being described as: Beginning at the northeast corner of said Lot No. 10 and running thence south along the west boundary of the right-of-way of Chesterman Street as the same is now laid out and in place, a distance of 151 feet of a stake; running thence west to the west boundary line of said Lot No. 10 and running thence north along the west boundary line of said Lot No. 10, a distance of 100 feet to a stake at the northwest corner of said Lot No. 10, and running thence east along the north boundary of said Lot No. 10 to the point of beginning. Being the same property conveyed to Ollie L. Shelton and wife, Ethel M. Shelton by deed from James R. Holbrook and wife, Billie J. Holbrook , dated 8-5-96, recorded 8-5-96, in Book 275, Page 714, in the Chancery Clerk's office of Marshall County, Mississippi. I will only convey such title as is vested in me as Substitute Trustee WITNESS MY SIGNATURE, this day March 27, 2007 Emily Kaye Courteau Substitute Trustee 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 hnc/F03-3398CA PUBLISH: 04-05-07 / 04-12-07 / 04-19-07 (14-16c)
The following vehicles will be sold for unpaid chariges on April 20, 2007. Ford F150, VIN: 1FTDF15YRNB47681, Year 06-94 Chevrolet S10, VIN: 1GCCS1441R8101282, Year 08-93 Chevrolet Blazer, VIN: 1GDNDT13WXS2215821, Year 04-95 Frans Slothouber 901-508-5159 (14-16c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI WILLIAM LEO SZANYI, TESTATOR VS. CAUSE NO: 07-0068 ANNELLA SHINAULT SZANYI, EXECUTRIX NOTICE TO CREDITORS Letters Testamentary were granted to the undersigned on the Estate of William Leo Szanyi, Deceased, by the Chancery Court of Marshall County, Mississippi, on March 28, 2007, 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 2nd day of April, 2007. ANNELLA SHINAULT SZANYI, EXECUTRIX 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 William Leo Szanyi (14-16c)
IN THE CIRCUIT COURT OF MARSHALL COUNTY, MISSISSIPPI BANK OF HOLLY SPRINGS PLAINTIFF VERSUS NO. M2007-149 WILLIAM B. YELVERTON DEFENDANT SUMMONS TO: WILLIAM B. YELVERTSON, whose residence address is 4081 S Red Banks Road, Byhalia, MS. You have been made defendant in the lawsuit filed in this Court by Bank of Holly Springs, Plaintiff, whose address is 114 Memphis Street, Holly Springs, Mississippi. The Complaint filed against you has initiated a civil action described in the Complaint. You are hereby summoned to this Court and you are required to mail or hand-deliver a copy of a written Answer either admitting or denying each allegation in the Complaint to William F. Schneller, Plaintiff's attorney, whose address is: Jones & Schneller, P.A., P.O. Box 417, Holly Springs, Mississippi, 38635. YOUR ANSWER MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE 5TH DAY OF APRIL, 2007, WHICH IS THE DATE OF THE FIRST PUBLICATION OF THIS SUMMONS. IF YOUR ANSWER IS NOT SO MAILED OR DELIVERED, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT. You must also file the original of your Answer with the Clerk of this Court. Issued under my hand and the seal of said Court, this the 29th day of March, 2007. LUCY CARPENTER, CIRCUIT CLERK OF MARSHALL COUNTY, MISSISSIPPI By Ann Edlin, D.C. Publishing Dates: April 5, 12, 19, 2007 (14-16c) Report News:
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