Thursday, April 26, 2007
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Thursday, April 26, 2007 |
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Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | Photo Gallery |
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Legal NoticesSubstitute Trustee‚s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 16th day of July, 2004, Chandranita M. Ankton, executed and delivered a certain Deed of Trust unto J. Kizer Jones, Attorney at Law, 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 360 at Page 120; and WHEREAS, on the 5th day of April, 2007, Mortgage Electronic Registration Systems, Inc., assigned said Deed of Trust unto Countrywide Home Loans, Inc., by instrument recorded in the office of the aforesaid Chancery Clerk in Book 94 at Page 167; and WHEREAS, on the 28th day of July, 2005, the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 387 at Page 830; 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 17th day of May, 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: 2.10 acres, more or less, being Lot No. 28 of Pleasant Hill Estates - Part „C‰ located and situated in Section 21, Township 2 South, Range 3 West, Marshall County, Mississippi, as shown and depicted on the Plat of said subdivision recorded in Plat File A&B in the office of the Chancery Clerk of Marshall County, Mississippi. I will only convey such title as is vested in me as Substitute Trustee WITNESS MY SIGNATURE, this day April 17, 2007 Emily Kaye Courteau Substitute Trustee 2309 OLIVER ROAD MONROE, LA 71201 (318) 330-9020 rt/F05-1247 PUBLISH: 4-26-07 / 5-3-07 / 5-10-07 (17-19c)
INVITATION FOR BIDS DHUD FORMAT 4283-A Separate sealed bids for Renovations to Lund Precision Products Building, Holly Springs, Mississippi, C.D.B.G. Project Number 06-213-ED-01 will be received by the City of Holly Springs, Mississippi in the Holly Springs City Hall, 160 South Memphis Street, Holly Springs, MS until 4:00 PM, Local Time, May 29, 2007, at which time and place all Bids will be publicly opened and read aloud. Each bid must be submitted in a sealed envelope addressed to the City of Holly Springs, Mississippi. Each sealed envelope containing a bid must be plainly marked on the outside as “Bid for Renovations to Lund Precision Products Building, Holly Springs, Mississippi, C.D.B.G. Project Number 06-213-ED-01.” Any bid for a sum in excess of $50,000.00 shall contain on the outside or exterior of the envelope of such bid the contractor’s current certificate of responsibility number, and no bid shall be opened or considered unless such contractor’s current certificate number appears on the outside or exterior of the envelope or unless there appears a statement on the outside or exterior of such envelope to the effect that the bid enclosed does not exceed $50,000.00. The work is as follows: Renovations to Lund Precision Products Building, Holly Springs, Mississippi, known as C.D.B.G. Project No. 06-213-ED-01. Contract Documents, including Drawings and Specifications, are on file at the office of Elliott & Britt Engineering, 823 North Lamar Boulevard, Oxford, Mississippi 38655. Copies of the Contract Documents may be obtained by depositing $105.00 with Elliott & Britt Engineering, P.O. Box 308, Oxford, Mississippi 38655, telephone (662) 234-1763 for each set of documents so obtained. This deposit is nonrefundable. A certified check or bank draft, payable to the order of the City of Holly Springs, Mississippi, negotiable U.S. Government bonds (at par value), or a satisfactory Bid Bond executed by the Bidder and an accepted Surety, in an amount equal to five percent (5%) of the total of the Bid shall be submitted with each bid. Attention is called to the fact that not less than the minimum salaries and wages set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or natural origin. This project is financed by a Community Development Block Grant and is subject to the rules and regulations thereof. The City of Holly Springs, Mississippi reserves the right to reject any or all Bids or to waive any informalities in the bidding. Bids may be held by the City of Holly Springs, Mississippi for a period not to exceed 90 days from the date of the opening of Bids for the purpose of reviewing the bids and investigating the qualifications of Bidders, prior to awarding of the Contract. /s/ Andre DeBerry, Mayor City of Holly Springs, Mississippi Dates of Advertisement: Thursday, April 26, 2007, Thursday, May 3, 2007 (17-18c)
IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF SWEETIE B. BELL BRIGGS, Deceased. No. 07-0163R ARTIS WALTON, Executor NOTICE TO CREDITORS Letters Testamentary having been granted on the 5th day of April, 2007, by the Chancery Court aforesaid, to the undersigned, upon the Estate of Sweetie B. Bell Briggs, deceased, notice is hereby given to all person(s) having claims against said Estate to present the same to the Clerk of said Court for probate and registration according to law within ninety (90) days from this date or they will be forever barred. Witness my signature, this the 5th day of April, 2007. Artis Walton ARTIS WALTON, Executor Fred M. Belk Jr. FRED M. BELK, JR., #2320 Attorney for Estate of Sweetie B. Bell Briggs P.O. Box 307 Holly Springs, Mississippi 38635 (662) 252-4736 (17-19c)
There came on for consideration the matter of issuing special obligation, negotiable, interest-bearing natural gas system revenue bonds of the Town of Byhalia, Mississippi, and after a discussion of the subject matter, Alderman Minor offered and moved the adoption of the following resolution: A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BYHALIA, MISSISSIPPI, TO ISSUE NATURAL GAS SYSTEM REVENUE BONDS OF SAID MUNICIPALITY IN THE MAXIMUM PRINCIPAL AMOUNT OF ONE MILLION NINE HUNDRED THOUSAND DOLLARS ($1,900,000) TO RAISE MONEY FOR IMPROVEMENTS, REPAIRS AND EXTENSIONS TO THE NATURAL GAS SYSTEM OF SAID MUNICIPALITY. WHEREAS, the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi (the "Governing Body" of the "Municipality"), acting for and on behalf of the Municipality, hereby finds, determines, adjudicates and declares as follows: 1. It is necessary and advisable and in the best interest of the Municipality and its inhabitants to issue natural gas system revenue bonds of the Municipality in the maximum principal amount of One Million Nine Hundred Thousand Dollars ($1,900,000) to raise money for improvements, repairs and extensions to the natural gas system (the “System”) of the Municipality (the "Authorized Purpose"), for which purpose there are no other available funds on hand. 2. 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. 3. 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. Based on that information, the estimated cost thereof is the aggregate amount of One Million Nine Hundred Thousand Dollars ($1,900,000). 4. 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. 5. Under the provisions of Sections 21-27-11 through 212769, 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. 6. 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. 7. A sum not exceeding One Million Nine Hundred Thousand Dollars ($1,900,000) 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 the natural gas system revenue bonds of the Municipality in the maximum principal amount of One Million Nine Hundred Thousand Dollars ($1,900,000) (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. The 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 Town Hall on May 22, 2007, at 5:30 o'clock p.m., which date so fixed will be more than ten (10) days after the third (3rd) 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 The Bonds on or before the aforesaid date and hour, then an election on the question of the issuance of The Bonds shall be called and held as provided by law. If no such protest be filed, then The Bonds may be issued without an election on the question of the issuance thereof, and may be sold under the regular procedure for selling the bonds pursuant to the Act. 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 the City of Holly Springs, Mississippi, and having a general circulation in the Municipality (no newspaper being published in the Municipality), and being a qualified newspaper under the provisions of Section 13-3-31, Mississippi Code of 1972. The first (1st) publication of this resolution shall be made not less than twenty-five (25) days prior to the date fixed herein for issuance of The Bonds, and the third (3rd) such publication shall be more than ten (10) days prior to the date specified in Section 2 hereof. SECTION 4. The Town 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 Malone seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote, the result was as follows: Alderman Bob Carrington voted: (acting as Vice-Mayor) Alderman Mike Hamblin voted: Aye Alderman Phil Malone voted: Aye Alderman Richard Minor voted: Aye Alderman Terry Sawyer voted: Absent 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 17th day of April, 2007. /s/ Bob Carrington BOB CARRINGTON, VICE-MAYOR ATTEST: /s/ Anna Marie Adkins ANNA MARIE ADKINS, TOWN CLERK SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on October 28, 2005, Mark G. Culver, single person AKA Mark Culver, executed a certain deed of trust to Jim B. Tohill, Trustee for the benefit of Ameriquest Mortgage Company, which deed of trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book 396 at Page 21; and WHEREAS, said Deed of Trust was subsequently assigned to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R11 under the Pooling and Servicing Agreement Dated as of December 1, 2005, without Recourse by instrument dated February 13, 2007 and recorded in Book 93 at Page 529 of the aforesaid Chancery Clerk's office; and WHEREAS, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R11 under the Pooling and Servicing Agreement Dated as of December 1, 2005, without Recourse has heretofore substituted J. Gary Massey as Trustee by instrument dated February 14, 2007 and recorded in the aforesaid Chancery Clerk's Office in Book 432 at Page 468; 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, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R11 under the Pooling and Servicing Agreement Dated as of December 1, 2005, without Recourse, the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expense of sale. NOW, THEREFORE, I, J. Gary Massey, Substituted Trustee in said deed of trust, will on May 17, 2007 offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the South door of the County Courthouse of Marshall County, located at Holly Springs, Mississippi, to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit: DESCRIPTION OF 3.00 ACRE TRACT Description of a part of the John L. Moulton and wife, Dorothy Moulton property as recorded in Deed Book 100 Page 330, Section 22, Township 2 South, Range 5 West, being Lot 6 of the Reed and Bartley Subdivision recorded in Plat Book 2, Page 11 in the Marshall County Register's Office and further described as: Commencing at the Southeast corner of said Moulton property and the Northeast corner of the Michael H. Gober and wife, Michelle Gober property being Lot 5 of the Reed and Bartley Subdivision recorded in Plat Book 2, Page 11, located in the center of Shinault Road (60' R.O.W.); thence South 90 degrees 00 minutes 00 seconds West, along the South line of said Moulton property, this line also being the North line of said Gober property, a distance of 290.67 feet to a set 1/2" rebar and the POINT OF BEGINNING; thence continuing along said property line South 90 degrees 00 minutes 00 seconds West, a distance of 574.32 feet to a set 1/2" rebar; thence across the said Moulton property the following calls: North 00 degrees 00 minutes 00 seconds East, a distance of 227.54 feet to a set 1/2" rebar; thence North 90 degrees 00 minutes 00 seconds East a distance of 574.32 feet to a set 1/2" rebar; thence South 00 degrees 00 minutes 00 seconds East, a distance of 227.54 feet to the POINT OF BEGINNING and containing 3.00 acres more or less. DESCRIPTION OF CENTERLINE OF 10' DRIVEWAY Description of a centerline of a 10' driveway across the John L. Moulton and wife, Dorothy Moulton property as recorded in Deed Book 100 Page 330, Section 22, Township 2 South, Range 5 West, being Lot 6 of the Reed and Bartley Subdivision recorded in Plat Book 2, Page 11 in the Marshall County Register's Office and further described as: Commencing at the southeast corner of said Moulton property and the northeast corner of the Michael H. Gober and wife, Michelle Gober property being Lot 5 of the Reed and Bartley Subdivision recorded in Plat Book 2, Page 11, located in the center of Shinault Road (60' R.O.W.); thence North 02 degrees 37 minutes 46 seconds East, a distance of 110.42 feet to a point in the center of said Sinault Road and the POINT OF BEGINNING; thence North 52 degrees 00 minutes 39 seconds West, a distance of 28.16 feet to a point; thence North 65 degrees 54 minutes 36 seconds West, a distance of 84.11 feet to a point; thence North 82 degrees 50 minutes 47 seconds West, a distance of 59.74 feet to a point; thence South 78 degrees 34 minutes 04 seconds West, a distance of 53.85 feet to a point; thence N 73 degrees 50 minutes 32 seconds West, a distance of 88.18 feet to a point in the East line of a 3.00 acres tract taken from said Moulton property. Metes and Bounds Being the same property conveyed to Mark G. Culver a single person, by deed from Dorothy F. Moulton, a single person filed for record in Plat Book 334, Page 355, Register's Office for Marshall County Mississippi, dated 11/25/02. Property address known as: 665 Shinault Road, Byhalia, Mississippi 38611, Marshall County I WILL CONVEY only such title as vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this 20th day of April, 2007. J. Gary Massey SUBSTITUTED TRUSTEE Shapiro & Massey, L.L.P. 1910 Lakeland Drive, Suite B Jackson, MS 39216 (601) 981-9299 665 Shinault Road Byhalia, MS 38611 07-0058/dht Publication Dates: April 26, May 3 and 10, 2007 (17-19c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on December 30, 2002, Steve Howell and Rebecca Lynn Howell, executed a Deed of Trust to Professional Services, Trustee for the use and benefit of Mortgage Electronic Registration Systems, 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 318 at Page 819 thereof; and WHEREAS, said Deed of Trust was assigned to National City Mortgage Co., by assignment on file and of record in the office of the aforesaid Chancery Clerk in PA Book 78 at Page 58 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 435 at Page 751, 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 Marshall County Courthouse at Holly Springs, Mississippi, on the 17th day of May, 2007, 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: Section 26 and 27, Township 2 South, Range 4 West, Marshall County, Mississippi, being Farm No. 11 of Coldwater-Cayce Farms or Gaston Farms according to the plats formerly recorded in Plat Book 10, Page 33, Plat Book 11, Pages 49-50; and now re-indexed as Plat File 438B, 473B, and 474B, 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 Substitute Trustee. WITNESS my signature, on this the 18th day of April, 2007. LEM ADAMS, III SUBSTITUTE TRUSTEE PREPARED BY: ADAMS & EDENS Foreclosure Department POST OFFICE BOX 400 BRANDON, MISSISSIPPI 39043 (601) 825-9508 A&E File #16623 PUBLISH: April 26, May 3, 10, 2007 (17-19c)
NOTICEOFSALE WHEREAS, the United States of America, acting by and through the United States Department of Agriculture, is the owner and holder of the following real estate deed(s) of trust, securing an indebtedness therein mentioned and covering certain real estate hereinafter described located in Marshall County, Mississippi, said deed(s) of trust being duly recorded in the Office of the Chancery Clerk in and for said County and State: Grantors: Albert O. Lawrence and Bertha A. Kimmons; Date Executed: April 9, 1992; Trust Deed Book: 176; Page 405. WHEREAS, default has occurred in the payment of the indebtedness secured by said deed(s) of trust, and the United States of America, as Beneficiary, has authorized and instructed me as Substitute Trustee to foreclose said deed(s) of trust by advertisement and sale at public auction in accordance with the statutes made and provided therefor. THEREFORE, notice is hereby given that pursuant to the power of sale contained in said deed(s) of trust and in accordance with the statutes made and provided therefor, the said deed(s) of trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the South front door of the County Courthouse in the city of Holly Springs,Mississippi, in the aforesaid County and will sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) on May 21, 2007, to satisfy the indebtedness now due under and secured by said deed(s) of trust. I will convey only such title as is vested in me as Substitute Trustee. The premises to be sold are described as: A lot in Lot 24, in the City of Holly Springs, in Section 31, Township 3 South, Range 2 West, Marshall County, Mississippi and being more fully described as follows: Commencing at the Southwest Corner of Lot 24, run thence North with the East boundary of Walthall Street 130 feet; thence East 102.5 feet; thence South 130 feet to a point on the North boundary of Withers Avenue; thence West with the North boundary of Withers Avenue 100 feet to the Point of Beginning. April 26, 2007 __________________ Date Jimmy W. Cross Substitute Trustee Duly authorized to act in the premises by instru- ment dated October 13, 1998, and recorded in Book PA-57, Page 26, of the records of the aforesaid County and State. (17-20c)
Notice of Bid: The Marshall County School District will be taking bids on lowering ceiling and installing lighting at H.W. Byers High School Main Hall H.W. Byers High School Gym Hall Potts Camp School Library Potts Camp School Junior High Hall Byhalia Middle School Gym – lighting only Bids may be mailed or delivered to the central office at 158 East College, Holly Springs, MS 38635. Bids will be taken until May 11, 2007 at 10:00 A.M. and will be opened at that time. For more information, you may contact R.C. Anderson at 662-252-4271. The Marshall County School District reserves the right to refuse or reject any or all bids. (17-18c)
AMENDMENT To the Ordinance regulating and relating to the Keeping of Dogs within the Corporate Limits of the Town of Potts Camp, Mississippi Section 2. It shall be unlawful for a vicious dog to be within the Town of Potts Camp town limits. Any person with an above described dog shall be in violation of this ordinance and given seven (7) days to remove the dog from the town limits. Said notice shall be filed with the town clerk and a copy given to the person in violation of this ordinance. If said dog is not removed then the fine and penalty stated herein shall apply. If a person has already been given a notice on an earlier date for the same or a different dog then the notice described above is not required and the town can proceed with prosecution against said person for violation of this ordinance and the fine and penalty described herein shall apply. Any person violating or permitting the violation of any provision of this ordinance shall upon conviction in Municipal Court be guilty of a misdemeanor and may be fined a sum of not more than $500 or imprisoned for a period not to exceed 10 days or both. It is the opinion of the Mayor and Board of Aldermen that the passage of this ordinance is necessary for the immediate and temporary preservation of the public peace, health, safety, and welfare; accordingly, said ordinance shall be made effective from and after its passage. The original ordinance in its entirety may be viewed at Potts Camp City Hall, Monday - Friday, between 9:30 a.m. and 1:00 p.m. Jimmy Collins Mayor Attest: Marie Tate Town Clerk (17c)
The Marshall County Planning Commission will meet for their regularly scheduled meeting on Thursday, May 10, 2007, 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: Community Temple COGIC is requesting to be allowed to place a single wide mobile home on the church property located at 1331 Mt. Zion Road for the pastor, Frank Moore and his family. The property in question contains two (2) acres and zoned Agricultural-Residential ITEM 2: Mr. William (Bill) Taylor requests to be allowed to place a mobile home on his property (6.12 acres) that was divided in 1997. The request is being made because the division was not approved by the Commission at the time. The property in question is part of Lot #4 of Yarbrough Farms Subdivision and zoned R-2 ITEM 3: Ms. Barbara Joyce Gary requests to be allowed to place a single wide mobile home on her family property (Lot #2 of Coleman Estates) located next to 170 Coleman Cove. The property in question contains five (5) acres and zoned Agricultural-Residential. ITEM 4: Mr. Barry Thomas requests to be allowed to erect a 20 foot high outdoor advertising sign on his property located the corner of Highway 7 South and Old Highway 7 South. The property in question is zoned C-1 (Commercial). ITEM 5: Ms. Linda Davis requests to be allowed to place a second dwelling (single wide mobile home) on her mother, Mary A. Davis property located at 5848 Highway 309 South. This request is being made because of her mother’s medical problems that required someone to be close by to help with daily needs. The property in question is zoned Agricultural. ITEM 6: Mr. Mark Hanna requests to be allowed to place a single wide mobile home on property located at 204 Bicycle Road. The property in question contains approximately 1.8 acres and zoned Agricultural-Residential. (17c)
Notice of Bid: The Marshall County Schools are in the process of obtaining bids on playground equipment for Galena Elementary School, Byhalia Elementary School and Potts Camp Elementary School. Specifications are on file in the Superintendent’s Office at 158 East College Ave., Holly Springs, MS 38635. Bids will be received in the Superintendent’s office on or before May 11, 2007 at 10:00 A.M. Bids will be presented to the school board on June 12, 2007 for approval. The Marshall County School Board reserves the right to refuse any or all bids. (17-18c)
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on November 19, 2004, Caroll E. Richmond executed and delivered a Deed of Trust to Kevin T. Clayton , Trustee for the benefit of CMH Homes, Inc. d/b/a Clayton Homes, which Deed of Trust is recorded in Deed of Trust Book 369 at Page 343 et seq., 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 Vanderbilt Mortgage and Finance, Inc. by instrument dated March 8, 2007, and recorded in the office of the aforesaid Chancery Clerk in Book 93 at Page 774; and WHEREAS, the aforesaid Vanderbilt Mortgage and Finance, Inc., the legal holder of said Deed of Trust and the Note secured thereby, substituted Charles Frank Fair Barbour as Trustee therein, as authorized by the terms thereof, by instrument dated March 26, 2007 and recorded in the office of the aforesaid Chancery Clerk in Book 436 at Page 336, et seq.; 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, Vanderbilt Mortgage and Finance, Inc., having requested the undersigned Substituted 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 attorneys’ fees, Substituted Trustee’s fees and expenses of sale; NOW, THEREFORE, I, Charles Frank Fair Barbour, Substituted Trustee in said Deed of Trust, will on the 11th day of May, 2007, offer for sale at public outcry for cash to the highest bidder, and sell within legal hours (between the hours of 11:00 a.m. and 4:00 p.m.) at the south main door of the County Courthouse at Holly Springs, County of Marshall, State of Mississippi, the following described property situated in the County of Marshall State of Mississippi, to-wit: ONE USED 2002 CLAYTON MOBILE HOME S/N CLA050463TN 1 acre tract lying and being situate in Section 30, Township 3 South, Range 4 West, Marshall County, Mississippi and more particularly described as follows, to-wit: BEGINNING at a point in the South line of Section 30, 832.06 feet North 89 degrees 20 minutes 14 seconds East of the Southwest corner of the Southeast Quarter of Section 30, Township 3 South, Range 4 West, Marshall County, Mississippi; thence North 1 degree 53 minutes 23.2 seconds East 300 feet to a point; thence North 89 degrees 20 minutes 14 seconds East 145.34 feet to a point; thence South 1 degree 53 minutes 23.2 seconds West 300 feet to a point in the South line of Section 30; thence South 89 degrees 20 minutes 14 seconds West 145.34 feet to the point of beginning, and containing 43,560 feet or 1 acre. I will convey only such title as is vested in me as Substituted Trustee. WITNESS my signature, this the 20th day of April, 2007. /s/ Charles Frank Fair Barbour Substituted Trustee Charles Frank Fair Barbour Mississippi Bar No. 99520 BENNETT LOTTERHOS SULSER & WILSON, P.A. One Jackson Place, Suite 1400 188 East Capitol Street (39201) Post Office Box 98 Jackson, Mississippi 39205-0098 Telephone:(601) 944-0466 Facsimile:(601) 944-0467 Publish: April 26, May 3 and 10, 2007. (17-19c)
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on July 22, 2004, Charles Rounds Jr. executed a certain deed of trust to Karen H. Cornell, Esq., Trustee for the benefit of Mortgage Electronic Registration Systems, Inc. which deed of trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book 360 at Page 645 and re-recorded in Book 361 at Page 612; and WHEREAS, said Deed of Trust was subsequently assigned to LaSalle Bank National Association, as Trustee for the registered holders of Structured Asset Securities Corporation, Amortizing Residential Collateral Trust, Mortgage Pass-Through Certificates, Series 2004-1 by instrument dated March 5, 2007 and recorded in Book 94 at Page 120 of the aforesaid Chancery Clerk's office; and WHEREAS, LaSalle Bank National Association, as Trustee for the registered holders of Structured Asset Securities Corporation, Amortizing Residential Collateral Trust, Mortgage Pass-Through Certificates, Series 2004-1 has heretofore substituted J. Gary Massey as Trustee by instrument dated March 13, 2007 and recorded in the aforesaid Chancery Clerk's Office in Book 435 at Page 613; 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, LaSalle Bank National Association, as Trustee for the registered holders of Structured Asset Securities Corporation, Amortizing Residential Collateral Trust, Mortgage Pass-Through Certificates, Series 2004-1, the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expense of sale. NOW, THEREFORE, I, J. Gary Massey, Substituted Trustee in said deed of trust, will on May 17, 2007 offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the South door of the County Courthouse of Marshall County, located at Holly Springs, Mississippi, to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit: Lot 77, The Meadows, Phase IIA Subdivision, as shown on plat thereof on file in the office of the Chancery Clerk of Marshall County, Mississippi, in Plat Book 12, Pages 11 and 12 and now reindexed as plat file 494A and B, all the records of the clerk of the Chancery Court of Marshall County, Mississippi, in Section 36, Township 3 South, Range 3 West. I WILL CONVEY only such title as vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this 23rd day of April, 2007. J. Gary Massey SUBSTITUTED TRUSTEE Shapiro & Massey, L.L.P. 1910 Lakeland Drive, Suite B Jackson, MS 39216 (601) 981-9299 525 West Sanders Ave Holly Springs, MS 38635 06-0369/dm Publication Dates: April 26, May 3 and 10, 2007 (17-19c)
STATE OF MISSISSIPPI COUNTY OF MARSHALL NOTICE OF SUBSTITUTE TRUSTEE'S SALE WHEREAS, on the 31st day of July, 2000, Johnnie Oscar Summers and wife, Rosie Lee Summers, executed a deed of trust to James E. Woods, Trustee for the benefit of EBI, Inc., a Mississippi corporation, which deed of trust is recorded in trust deed book 268 at page 601 in the records of the office of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, EBI, Inc., beneficiary, having substituted Patricia T. Love as Trustee in the place of James E. Woods, by instrument dated March 18, 2002, recorded in Substituted Trustee Book 403 at page 367, records of Marshall County, Mississippi; and WHEREAS, default having been made in the payment of the indebtedness secured by said deed of trust and the entire indebtedness having been declared due and payable, and the said trustee having been required and directed by EBI, Inc., the legal holder of said indebtedness, to execute the trust and sell said land under the provisions of and by virtue of the authority conferred upon said trustee by said deed of trust, I, Patricia T. Love, will, on the 18th day of May, 2007, at the South front door of the Marshall County Courthouse in Holly Springs, Mississippi, within legal hours (being between the hours of 11:00 AM and 4:00 PM) offer for sale and sell at public auction, for cash, the following described property situated in Marshall County, Mississippi, to-wit: Lot 39, Shady Forest Subdivision situated in Section 8, Township 3 South Range 6 West, Marshall County, Mississippi, according to a map or plat thereof which is on file and of record in the office of the Chancery Clerk of Marshall County, State of Mississippi, in Plat File 861B, reference to which is hereby made in aid of and as a part of this description. Subject to subdivision and zoning regulations in effect in Marshall County and all easements for public roads and public utilities of record and restrictive covenants to Shady Forest Subdivision. Title to said property is believed to be good, however, I will convey only such title as is vested in me as substituted trustee. Witness my signature, this 23rd day of April, 2007. Patricia T. Love, Substituted Trustee P. O. Box 867 New Albany, MS 38652 662-534-4774 Publish: April 26, May 3, 10 and 17, 2007 (17-19c)
NOTICEOFSALE WHEREAS, the United States of America, acting by and through the United States Department of Agriculture, is the owner and holder of the following real estate deed(s) of trust, securing an indebtedness therein mentioned and covering certain real estate hereinafter described located in Marshall County, Mississippi, said deed(s) of trust being duly recorded in the Office of the Chancery Clerk in and for said County and State: Grantors: Gus Tuggles; Date Executed: September 15, 1986; Trust Deed Book: 142; Page 576. WHEREAS, default has occurred in the payment of the indebtedness secured by said deed(s) of trust, and the United States of America, as Beneficiary, has authorized and instructed me as Substitute Trustee to foreclose said deed(s) of trust by advertisement and sale at public auction in accordance with the statutes made and provided therefor. THEREFORE, notice is hereby given that pursuant to the power of sale contained in said deed(s) of trust and in accordance with the statutes made and provided therefor, the said deed(s) of trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the South front door of the County Courthouse in the city of Holly Springs,Mississippi, in the aforesaid County and will sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) on May 21, 2007, to satisfy the indebtedness now due under and secured by said deed(s) of trust. I will convey only such title as is vested in me as Substitute Trustee. The premises to be sold are described as: Commencing at the Northwest Corner of the Northeast Quarter of Section 19; Run thence in a Northeasterly direction with the center line of the Marianna Public Road 750.5 feet; Thence South 50.5 feet to the Northeast Corner of the Phillips lot; Thence S 3 degrees 30 minutes E, 418.0 feet to the Point of Beginning for this survey; Thence S 61 degrees 10 minutes W, 104.5 feet to a point; Thence S 3 degrees 0 minutes E, 180.0 feet; Thence N 61 degrees 10 minutes E, 243.0 feet; Thence N 3 degrees 0 minutes W, 180.0 feet; Thence S 61 degrees 10 minutes W, 138.5 feet to the Point of Beginning; and containing 1.0 acre in Section 19, Township 4 South, Range 3 West, Marshall County, Mississippi. April 26, 2007 __________________ Date Jimmy W. Cross Substitute Trustee Duly authorized to act in the premises by instru- ment dated October 13, 1998, and recorded in Book PA-57, Page 26, of the records of the aforesaid County and State. (17-20c)
SUBSTITUTE TRUSTEE’S NOTICE OF SALE STATE OF MISSISSIPPI COUNTY OF MARSHALL WHEREAS, on July 8, 2005, Robert Wilson and Crystal Wilson aka Crystal O. Wilson aka Crystal Odum Wilson executed and delivered a certain Deed of Trust unto Julia L Greenfiled, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Finance America, LLC its successors and assigns, 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 387, Page 395; and WHEREAS, said Deed of Trust was subsequently assigned unto Property Asset Management Inc, by instrument recorded in the Office of the aforesaid Chancery Clerk in Book 91, Page 594; and WHEREAS, the holder of said Deed of Trust substituted and appointed Priority Trustee Services of Mississippi, L.L.C., as Trustee in said Deed of Trust by instrument recorded in the Office of the aforesaid Chancery Clerk Book 420, Page 141; and WHEREAS, default having been made in the payments of indebtedness secured by said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on May 17, 2007, I will, during legal hours (between the hours of 11 o’ clock a.m. and 4 o’ clock p.m.), at public outcry, offer for sale and will sell, at the South Door of the Marshall County Courthouse at 128 East Van Dorn Avenue Holly Springs, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:
Lot 104, Section A, Phase 2, Ingram's Place Subdivision, in Section 26, Township 2 South, Range 5 West, Marshall County, Mississippi, as per Plat thereof recorded in Plat Slide #829-A and refiled in Plat Slide #836A, 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 Substituted Trustee. WITNESS MY SIGNATURE, this the 18th day of April, 2007 Jonathan Butler Jonathan Butler, Member Priority Trustee Services of Mississippi, L.L.C. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 ext 1120 0611401MS PUBLISH: 4/26/07, 5/3/07 and 5/10/07 (17-19c)
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