Legal Notices
BE IT ORDAINED BY THE Mayor and
Board of Aldermen of the City of Holly
Springs, Mississippi:
AN ORDINANCE ALLOWING THE OUTDOOR
SALE, POSSESSION AND CONSUMPTION OF
ALCOHOLIC BEVERAGES DURING
SPECIAL EVENTS SANCTIONED BY THE City of
Holly Springs
WHEREAS, the Mayor and Board of
Aldermen of the City of Holly Springs,
Mississippi, have determined that it is not lawful at the present time
to sell, possess or consume alcoholic beverages outdoors within the
City of Holly Springs, Mississippi, according to laws and ordinances
now in effect;
WHEREAS, the Mayor and Board of
Aldermen anticipate certain outdoor
“Special Events” will be held inside the corporate
limits of the City of Holly Springs and desire to amend these laws to
allow for the outdoor sale, possession and consumption of alcoholic
beverages during said “Special Events” sanctioned
by the City of Holly Springs.
THEREFORE, BE IT ORDERED that the
outdoor sale, possession and
consumption of alcoholic beverages at the said event within the
corporate limits of the City of Holly Springs, Mississippi be allowed
during “Special Events”sanctioned by the City of
Holly Springs, Mississippi.
EFFECTIVE DATE
This ordinance shall take effect
and be in force from and after its
passage and publication according to law.
Upon motion made by Alderman
Hayes and seconded by Alderman Johnson,
the motion to adopt the foregoing ordinance was passed by the following
vote:
Ayes:
5
Noes:
0
Absent:
0
Passed by the Mayor and Board of
Aldermen of the City of Holly Springs,
Mississippi, on the 4th day of December, 2007.
Andre’ DeBerry
Andre’ DeBerry, Mayor
Attest:
Belinda McDonald
Belinda McDonald, City Clerk
(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 dated April 11, 2006 executed by
Clifton Aldridge to J. Kizer Jones, as Trustee, for the use and benefit
of Merchants and Farmers Bank recorded in Land Deed of Trust Book 407
pages 611-615;
Deed of Trust dated October 29,
2003 executed by Clifton Aldridge to J.
Kizer Jones as Trustee, for the use and benefit of Merchants and
Farmers Bank recorded in Land Deed of Trust Book 342 pages 126-130;
Deed of Trust dated June 20, 2003
executed by Clifton Aldridge to J.
Kizer Jones as Trustee, for the use and benefit of Merchants
and Farmers Bank recorded in Land Deed of Trust Book 331 pages 381-385;
Deed of Trust dated April 17,
2003 executed by Clifton Aldridge to J.
Kizer Jones as Trustee, for the use and benefit of Merchants
and Farmers Bank recorded in Land Deed of Trust Book 326 pages 218-222;
Deed of Trust dated January 6,
2003 executed by Clifton Aldridge to J.
Kizer Jones as Trustee, for the use and benefit of Merchants
and Farmers Bank recorded in Land Deed of Trust Book 318 pages 770-774;
all in the records of the office of the Chancery Clerk 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 front door of the Marshall County
Courthouse, in the City of Holly Springs, Mississippi, on FRIDAY,
OCTOBER 5, 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:
A 0.107 acre tract of land being
part of Lot 281 of the plan of Holly
Springs all in the Northwest Quarter of Section 6, Township 4 South,
Range 2 West, Marshall County, Mississippi and being more particularly
described as follows: Commence at a p-k nail found in the centerline of
West Boundary and Park Avenue; thence South 89 degrees 05 minutes 10
seconds East 862.80 feet to a point in the centerline of Park Avenue;
thence North 0 degrees 54 minutes 50 seconds East 23.95 feet to a 1/2
rebar set on the north r/w of Park Avenue, said point being the point
of beginning; thence North 0 degrees 54 minutes 50 seconds East 85.05
feet; thence South 89 degrees 05 minutes 10 seconds East 54.57 feet to
a point; thence South 0 degrees 54 minutes 50 seconds West 85.05 feet
to a point on the north r/w of said street; thence North 89 degrees 05
minutes 10 seconds West 54.57 feet along said r/w to the point of
beginning. Said tract containing 0.107 acres more or less (sq. ft.
4,641) All according to survey prepared by Donald Hollingsworth LS
#2525 dated December 19, 2002.
PARCEL NO: 93D-6-51
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
5th day of September, 2007.
William F. Schneller, Substitute
Trustee
Publishing Dates: Sept. 13, 20,
27 and Oct. 4, 2007
(37-40c)
ON AUGUST 30, 2007, AN
APPLICATION WAS FILED WITH THE FEDERAL
COMMUNICATIONS COMMISSION SEEKING AUTHORITY TO MODIFY THE LICENSED
FACILITIES OF FM RADIO STATION WMSB TO CHANGE THE STATION’S
COMMUNITY OF LICENSE FROM SENATOBIA, MISSISSIPPI TO BYHALIA,
MISSISSIPPI. THE LICENSEE OF WMSB (FM) IS AMERICAN FAMILY
ASSOCIATION, AND THE OFFICERS AND DIRECTORS ARE DONALD E. WILDMON,
TIMOTHY B. WILDMON, FORREST ANN DANIELS, BOBBY HANKINS, FORREST
SHEFFIELD, JACK WILLIAMS, BERT HARPER, GAYLE ALEXANDER, CURTIS PETREY,
AND MICHAEL MURPHREE.
A COPY OF THE MINOR MODIFICATION
APPLICATION AND RELATED MATERIAL ARE
ON FILE FOR PUBLIC INSPECTION AT: 107 Parkgate Drive, Tupelo,
MS 38801.
(37-39c)
INVITATION TO BID
Marshall County, Mississippi is
requesting your bid on all or any of
the items, or equipment listed in the attached specifications.
Bids will be received until
Monday, 10:00 A. M., October 8, 2007 and
opened immediately thereafter.
Bids are to be submitted sealed
and in duplicate to:
County Administrator Marshall
County Mississippi
Post Office Box 219
Holly Springs, Mississippi 38635
Envelope containing bids will be
plainly marked in lower left corner .
BRIDGE CONSTRUCTION
Prices bid shall be F O.B. Holly
Springs, Mississippi, and must include
any pre-delivery and/or set-up charges, title and inspection where
applicable.
No responsibility will attach to
any person or persons employed by the
Board for premature opening of any bid not properly addressed and the
identified as stipulated above.
Bids must be withdrawn upon
written notice or upon telegraphic request
received from bidder prior to the time and date so designated for the
opening by may not be thereafter withdrawn for thirty (30) days.
The Marshall County Board of
Supervisors reserves the right to
determine which is the lowest and best bid and to accept or reject any
or all bids on any part of any or all bids based on that determination.
Prices bid shall be firm without
reservation as to change subsequent to
date of bid opening and shall remain so for the duration of the
Contract as set forth in the specifications. In the event
that no Item Contract is involved, orders shall be placed with
successful bidder within thirty (30) days of the bid opening or this
clause shall be considered void.
It shall be incumbent upon each
bidder to understand the specifications
as listed herein and to obtain clarification when necessary. It is not
the intent of the specifications to limit the bidding to any make or
manufacture of equipment or items of commodity, but rather to select
such equipment and/or commodities to fill a specific need and perform a
specific task. Any reference to name brand equipment or commodities is
intended to establish standards only and bids submitted on equipment
and commodities equal thereto shall be received and considered.
The bidder agrees to all
provisions set forth above and agrees to
deliver those items, on which he is the awarded bidder, in accordance
with these instructions.
COMPANY'S NAME:_______________
SIGNATURE:_____________________
ITEMS FOR BID
PILING: Contractor will furnish
the machinery and labor for the
installation of piling, payment will be made on basis of lin. ft. of
penetration. Placement of concrete and reinforcement in steel shell
piling and pile casing shall be considered included.
TEST PILES $________ EACH
STEEL SHELL PILING
(10",12:, &
14") $ ________L.
F.
(PENETRATION ONLY)
STEEL PILING
( I BEAM) (ALL SIZES)
$________L.F.
(PENETRATION ONLY)
PILE CASING
$_________ EACH
PRECAST BRIDGE COMPONENTS: Contractor shall furnish the machinery and
labor
for setting precast components in
place price to include the placement
of grout, bolts, cap
pins and bearing felt.
19' -PRECAST CAPS
(END AND INTERIOR)
$_________ EACH
31' -PRECAST CAPS
(END AND INTERIOR)
$_________ EACH
19' -31' -TRANSITION CAP
$_________ EACH
19' PRECAST BRIDGE SLAB
(CURB AND INTERIOR
UNITS)
$_________ EACH
31' -PRECAST BRIDGE SLAB
(CURB AND INTERIOR UNITS)
$_________ EACH
WING UNITS
$_________ EACH
19' PRECAST BARRIER RAIL
(END & INTERIOR)
$_________ EACH
31 ' PRECAST BARRIER RAIL
(END & INTERIOR)
$_________ EACH
RAILING
$_________ EACH
WELDING: CONTRACTOR TO FURNISH WELDER AND LABOR FOR WELDING
THE FOLLOWING:
PILING TO CAP
$_________ PER CAP
STEEL SHELL SPLICE
$_________ EACH
STEEL PILING SPLICE
$_________ EACH
SWAY BRACEING
$________PER BENT
NOTE: METHODS OF CONSTRUCTION SHALL CONFORM TO THE LATEST STATE AID
SPECIFICATION.
(37-38c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
SUBSTITUTED TRUSTEE'S NOTICE OF
SALE
WHEREAS, on October 4, 2002,
BOBBY CLANTON and KATHY CLANTON, executed
a Deed of Trust to William F. Schneller, Trustee, for the benefit of
First State Bank, which Deed of Trust is filed for record in Deed of
Trust Book 312, at Pages 695-699, in the office of the Chancery Clerk
of Marshall County, Mississippi; and
WHEREAS, said Deed of Trust
authorized the appointment and substitution
of another Trustee in the place of the Trustee named in said Deed of
Trust or subsequently substituted therein, and First State Bank,
appointed and substituted J. Kizer Jones as Trustee therein, by
instrument dated January 16, 2004, and duly filed for record January
20, 2004, at 2:56 P.M. in the office of the aforesaid Chancery Clerk in
Book 347, at pages 63-64; and
WHEREAS, default having been made
in the terms and conditions of said
deed of trust and the entire debt secured thereby, having been declared
to be due and payable in accordance with the terms of said deed of
trust, and the legal holder of said indebtedness, First State Bank,
having requested the undersigned Trustee to execute the trust and sell
said land and property in accordance with the terms of said deed of
trust for the purpose of raising the sums due thereunder, together with
attorney's fees, Trustee's fees and expense of sale;
NOW, THEREFORE, I, J. Kizer
Jones, Trustee in said deed of trust, will
on the 5th day of October, 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 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:
Lots No. 1 and 2 of Arrington Subdivision of the East Half of Lot No.
298, according to the Plan of the City of Holly Springs, on Section 6,
Township 4 South, Range 2 West, and according to Plat of Arrington
Subdivision recorded in Plat File No. 41B of the records of the Clerk
of the Chancery Court of Marshall County, Mississippi and including but
not limited to one personal residence.
I WILL CONVEY only such title as is vested in me as Substituted Trustee.
WITNESS MY SIGNATURE, this, the
7th day of August, 2007.
/S/ J. KIZER JONES, SUBSTITUTED
TRUSTEE
PUBLISH: Sept. 13, Sept. 20,
Sept. 27, and Oct. 4, 2007.
(37-40c)
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, courthouse, Post Office
Box 219, Holly Springs, Mississippi 38635, until 10:00 A.M. Monday
October 15th, 2007 and thereafter publicly open them for:
A. Furnishing material, placing,
and compacting double bituminous
surface treatment per mile. A mile shall be constructed in
accordance with current State Aid Specifications and shall consist of,
but not limited to seal coarse (#7 limestone), mat coarse (#56 or # 57
limestone), liquid asphalt (CRS-2 or CRS-2P), and, or prime
coat. Rates of application shall be as specified by State Aid
Specifications.
B. Furnishing material, placing,
and compacting seal surface consisting
of # 7 limestone and CRS-2 or CRS – 2P. According
to State Aid Specifications.
Bid should include traffic
control as specified by State Aid work order
(s) shall be
Be issued for individual
assignments and shall be completed within 45
calendar days of the date of work order.
BID PRICES ACCEPTED SHALL BE FOR
A PERIOD OF 12 MONTHS, OCTOBER 15th ,
2007 THROUGH OCTOBER 15th, 2008.
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 7th day of
September, 2007
Larry Hall
County Administrator
(37-38c)
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 February 26, 1999, executed by
Henry L Gillespie and Cheryl Gillespie on behalf of the Dominion of
Faith Ministries Church, 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 247 pages 829-832,
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 Friday,
October 5, 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:
A tract of land in the Northwest Quarter of Section 31, Township 3
South, Range 2 West City of Holly Springs, Marshall County, Mississippi
and being more particularly described as follows:
Commence at a 2" iron pipe found
and recognized as the Northwest corner
of Section 31, Township 3 South, Range 2 West; thence South 00°
27' 19" West 1140.98 feet to a 1/2” rebar set said point
being the point of beginning; thence east 354.12 feet to a
1/2” rebar set; thence South 15° 15' 42" West 388.72
feet to a 1/2” rebar set on the north r/w of Mississippi
Highway 178; thence North 60° 11' 29" West 292.27 feet along
said r/w to a 1/2” pipe found in a drainage ditch; thence
North 0° 27' 00" East 229.73 feet to the point of beginning.
Said Tract II containing 2.2 acres more or less.
The undersigned was appointed as
Substitute Trustee by
instrument dated October 15, 2003, recorded in Land Deed of Trust Book
340 page 341, 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
5th day of September, 2007.
William F. Schneller, Substitute
Trustee
Publishing Dates: Sept. 13, 20,
27 & Oct. 4, 2007
(37-40c)
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 September 23, 1994, executed by
Henry L Gillespie, Jr. and Cheryl Gillespie 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
195 pages 90-92, of the land records of the Clerk of the Chancery Court
of Marshall County, Mississippi; and the undersigned was appointed as
Substitute Trustee by instrument dated December 21, 2006,
recorded in Land Deed of Trust Book 428 page 245, of the records of the
Clerk of the Chancery Court of Marshall County, Mississippi.
Deed of Trust dated December 20,
1999, executed by Henry L Gillespie,
Jr. and Cheryl Gillespie 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 260 pages
36-38, 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 Friday, October 5, 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:
Commence at the Northwest corner
of Section 5, T3S, R3W; thence S 89
degrees 28' 25" E 1912.270 feet to a 3/8" rebar set, said point being
the point of beginning; thence S89 degrees 28' 26" E 747.16 feet to a
3/8" rebar set; thence S 0 degrees 25' 11" E 442.64 feet to a 3/4" iron
pipe found; thence S 0 degrees 16' 05" E 441.73 feet to a 3/4" iron
pipe found; thence S 0 degrees 14' 13" E 441.33 feet to a 3/4" iron
pipe found; thence N 89 degrees 31' 30" W 1503.91 feet to a 3/4" iron
pipe found; thence N 0 degrees 03' 18" E 441.32 feet, 3/4" iron pipe
found; thence S 89 degrees 31' 28" E 749.20 feet to a point; thence
North 884.96 feet to the point of beginning. Said tract containing
30.46 acres more or less.
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
5th day of September, 2007.
William F. Schneller, Substitute
Trustee
Publishing Dates: Sept. 13, 20,
27 & Oct. 4, 2007
(37-40c)
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 July 29, 2002, executed by
Sylvester Henderson unto William F. Schneller as Trustee, to
secure an indebtedness therein described to Gary W. Barnett, Sherry W.
Barnett, G. Heath Barnett and Anita G. Barnett, said Deed of Trust
being of record in Land Deed of Trust Book 313 pages 431-433
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, OCTOBER 5, 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:
Farm 9 of Deer Ridge Farms in Section 11, Township 5 South, Range 4
West, Marshall County, Mississippi and being more particularly
described as follows: Commence at a p-k nail set in
Mississippi Highway 4 West, said point being the Southwest Corner of
Section 11, Township 5 South, Range 4 West; thence North 40 feet to a
1/2" re-bar set; thence North 89 degrees 46 minutes 15 seconds West
along the North right-of-way of said highway 1670.00 feet to a 1/2"
re-bar set, said point being the POINT OF BEGINNING; thence North
1265.31 feet to a 1/2" re-bar set; thence East 200.00 feet to a 1/2"
re-bar set; thence South 1266.11 feet to a 1/2" re-bar set on the North
right-of-way of said highway; thence North 89 degrees 46 minutes 15
seconds West along said right-of-way 200.00 feet to the POINT OF
BEGINNING. Said Farm 9 containing 5.81 acres, more or less.
The land and property herein
conveyed is further shown, described and
depicted upon that certain plat and survey of Deer Ridge Farms prepared
by Donald Jeff Hollingsworth dated May 30, 2001.
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
11th day of September, 2007.
William F. Schneller, Trustee
Publishing Dates: Sept. 13, 20,
27 & Oct. 4, 2007
(37-40c)
Substitute Trustee's Notice of
Sale
STATE OF MISSISSIPPI
COUNTY OF Marshall
WHEREAS, on the 5th day of
December, 2001, Angela Lynette Jackson, a
single woman and James Jackson, husband and wife, executed and
delivered a certain Deed of Trust unto William A Baskin, Trustee for
New Century Mortgage Corporation, 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
294 at Page 193; and
WHEREAS, by various assignments
on record said Deed of Trust was
ultimately assigned to US Bank Natinoal Association as trustee of CSFB
ABS Series 2002-HE1 by instrument recorded in the office of the
aforesaid Chancery Clerk in Book 80 at Page 289A; and
WHEREAS, on the 30th day of
November, 2003, the Holder of said Deed of
Trust substituted and appointed John C. Morris, III as Trustee in said
Deed of Trust, by instrument recorded in the office of the aforesaid
Chancery Clerk in Book 344 at Page 280; 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 4th day of
October, 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:
Lots 14A and 15A, Fortune-Woods Subdivision, in Section 24, Township 2
South, Range 5 West, Marshall County, Mississippi; as per plat thereof
recorded in Plat File No. 207 A, 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
August 10, 2007
John C. Morris, III
Substitute Trustee
2309 OLIVER ROAD
MONROE, LA 71201
(318) 330-9020
rt/F02-4958
PUBLISH: 9-13-07/ 9-20-07/ 9-27-07
(33-35c)
State of Mississippi
County of Marshall
Trustee’s Notice of Sale
Whereas, on the 18th day of
December, 2006, Nicole Kimmons 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 427 on pages 659-660.
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 5th day of October,
2007, 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 9 Gay Village Subdivision, in
Section 5, Township 4 South, Range 2
West, Marshall County, Mississippi in the City of Holly Springs, as
recorded in plat, dated 3/5/1958, and recorded in Platbook #2, page 73,
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
7th day for September, 2007.
Tanya Peters
Tanya Peters
Publishing Dates:
9-13-2007, 9-20-2007, 9-27-2007,
10-04-2007
(37-40c)
SUBSTITUTE TRUSTEE’S
NOTICE OF SALE
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
WHEREAS, on October 28, 1997,
Otto Lewey and Nancy Lewey executed and
delivered a certain Deed of Trust unto William H. Lovell, III, Trustee
for the benefit of First Commercial Mortgage Company, 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
229, Page 154, and re-recorded in Book 230, Page 375; and
WHEREAS, said Deed of Trust was
subsequently assigned unto Chase
Manhattan Mortgage Corporation, by instrument recorded in the Office of
the aforesaid Chancery Clerk in Book 95, Page 653; 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 445, Page 281-282; 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 October 4, 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:
1.90 acres in Section 10,
Township 3 South, Range 4 West, Marshall
County, Mississippi; being in Lot 5 of Victoria Village Subdivision as
recorded in Plat Book 8, Page 35 (now File Drawer 371A) 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 8th day
of September, 2007.
LaSheka Payne
LaSheka Payne, Member
PRIORITY TRUSTEE SERVICES OF MS,
L.L.C.
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181 ext 1120
0709777MS
PUBLISH: 9/13/07, 9/20/07 and
9/27/07
(37-39c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF
GERTRUDE JAMES MCCALLUM,
DECEASED,
TESTATE
CAUSE NO. 07-0456-R
NOTICE TO CREDITORS
Letters Testamentary having been
issued to the undersigned by the
Chancery Court of Marshall County, Mississippi on the 7th day of
September, 2007, as Executor of the Estate of Gertrude James McCallum,
deceased.
NOTICE is hereby given to all
persons having claims against said estate
to have the same probated, registered, and allowed by the Clerk of the
Court within ninety (90) days from this date, and failure to do so,
will forever bar said claim or claims.
This the 7th day of September,
2007.
W.T. McCallum
W.T. McCALUM, EXECUTOR OF THE
ESTATE OF GERTRUDE JAMES McCALLUM
J. Kizer Jones
J. KIZER JONES
ATTORNEY AT LAW
POST OFFICE BOX 117
HOLLY SPRINGS, MISSISSIPPI 38635
PHONE: 662-252-3788
ATTORNEY FOR EXECUTOR
(37-39c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
NOTICE TO BIDDERS
Please be advised that sealed
bids will be received by the Marshall
County Board of Supervisors of Marshall County, Mississippi in the
office of the County Administrator, Courthouse, Post Office Box 219,
Holly Springs, Mississippi 38635, (662)252-7903, until 10:00 A. M.
Monday, October 15, 2007 for sale of two (2) Motorgraders.
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 7th day of
September, 2007.
Larry Hall
County Administrator
(37-38c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
MT. PLEASANT CHURCH OF CHRIST
VS
CAUSE NO. 07-0459A
ALL PARTIES CLAIMING AN INTEREST
TO
THE WITHIN DESCRIBED PROPERTY,
BESSIE
P. MCGEE, E. K. BRITTENUM, MAY
MARGARET
KIMBLE,
THE UNKNOWN HEIRS OF BESSIE P.
MCGEE,
THE UNKNOWN HEIRS OF E. K.
BRITTENUM,
AND THE UNKNOWN HEIRS OF MAY
MARGARET KIMBLE
SUMMONS
TO: ANYONE CLAIMING AN
INTEREST IN THE SUBJECT PROPERTY
DESCRIBED HEREIN, BESSIE P. MCGEE, E. K. BRITTENUM, MAY MARGARET
KIMBLE, THE UNKNOWN HEIRS OF BESSIE P. MCGEE, THE UNKNOWN HEIRS OF E.
K. BRITTENUM, AND THE UNKNOWN HEIRS OF MAY MARGARET KIMBLE.
You have been made defendant in
the lawsuit filed in this Court by Mt.
Pleasant Church of Christ, Plaintiff, seeking to Quiet and Confirm
Title on the subject property being described as follows:
The Mt. Pleasant Church of Christ
is the owner of the following
described property:
1.578 acres in the Northeast
Quarter of the Northwest Quarter of
Section 8, Township 2 South, Range 3 West, Marshall County, Mississippi
and being more particularly described as follows: Commence at a cps
found in the intersection of Taska Road and Loftin Road, said point
being the Northwest Corner of Section 8, Township 2 South, Range 3
West; thence S 89? 31' 20" E 2352.00 feet, to a point in the centerline
of Taska Road; thence S 0° 28' 40" W 50.00 feet, to a p-k nail
set on the South right-of-way of Taska Road, said point being the POINT
OF BEGINNING; thence S 89° 31' 20" E 100.00 feet, along the
South right-of-way of Taska Road to a 1/2" re-bar set; thence S
0° 28' 40" W 312.00 feet, to a 1/2" re-bar set on the West side
of Church of Christ Road; thence N 89° 31' 20" W 100.00 feet,
to a 1/2" re-bar set; thence S 0° 28' 40" W 104.00 feet, to a
1/2" re-bar set; thence N 89° 31' 20" W 104.00 feet, to a 1/2"
re-bar set; thence N 0° 28' 40" E 104.00 feet, to a 1/2" re-bar
set; thence N 89° 31' 20" W 34.00 feet, to a 1/2" re-bar set;
thence N 0° 28' 40" E 104.00 feet, to a 1/2" re-bar set; thence
S 89° 31' 20" E 34.00 feet, to a 1/2" re-bar set; thence N
0° 28' 40" E 208.00 feet, to a 1/2" re-bar set on the South
right-of-way of Taska Road; thence S 89° 31' 20" E 104.00 feet,
to the POINT OF BEGINNING. Said tract containing 1.578 acres, more or
less (68,744 sq. ft.).
LESS AND EXCEPT
0.2483 acres in the N. E. 1/4 of
the N. W. 1/4 of Section 8, Township 2
South, Range 3 West, Marshall County, Mississippi and being more
particularly described as follows:
Commence at a cps found at the N.
W. Corner of Section 8, T-2-S, R-3-W,
said point being at the intersection of Taska Road and Loftin Road;
thence S 89°31'20"E 2352.00 feet; thence S 0°28'40"W
50.00 feet, to a p-k nail set in a parking lot; thence N
89°31'20"W 104.00 feet, along said r/w to a 1/2" re-bar set;
thence S 0°28'40"W 312.00 feet , to a 1/2" re-bar set, said
point being the Point of Beginning; thence S 89°31'20"E 104.00
feet, to a 1/2" re-bar set; thence S 0°28'40" W 104.00 feet, to
a 1/2" re-bar set; thence N 89°31'20"W 104.00 feet, to 1/2"
re-bar set; N 0°28'40"E 104.00 feet, to the Point of Beginning.
Said Tract IV containing 0.2483
acres More or Less (10,816 sq. ft.)
LESS AND EXCEPT
0.0812 acres in the N. E. 1/4 of
the N. W. 1/4 of Section 8, Township 2
south, Range 3 West, Marshall County, Mississippi and being more
particularly described as follows:
Commence at a cps found at the N.
W. Corner of Section 8, T-2-S, R-3-W,
said point being at the intersection of Taska Road & Loftin
Road; thence S 89°31'20"E 2352.00 feet; thence S
0°28'40"W 50.00 feet to a p-k nail set; thence N
89°31'20"W 104.00 feet, along said r/w to a 1/2”
re-bar set; thence S 0°28';40"W 208.00 feet, to a
1/2” re-bar set, said point being the Point of Beginning;
thence S 0°28'40"W 104.00 feet, to a 1/2” re-bar set;
thence N 89°31'20"W 34.00 feet, to a 1/2” re-bar set;
thence N 0°28'40"E 104.00 feet, to a 1/2” re-bar set;
thence S 89°31'20"E 34.00 feet, to the Point of Beginning.
Said Tract V containing 0.0812
acres More or Less (3,536 sq. ft.).
There are no other Defendants in
this action other than the person or
persons who are the subject of this summons.
You are required to mail or hand
deliver a written response to the
Complaint filed against you in this action to Jones &
Schneller, PLLC., Attorney for Plaintiff whose post office address is
P.O. Box 417, Holly Springs, Mississippi 38635 and whose street address
is 126 North Spring Street, Holly Springs, Mississippi
38635.
YOUR ANSWER MUST BE MAILED OR
DELIVERED NOT LATER THAN THIRTY DAYS
AFTER THE 13th DAY OF SEPTEMBER, 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 within a reasonable time afterward.
Issued under my hand and the seal
of said Court, this the 10th day of
September, 2007.
C.W. “CHUCK”
THOMAS, CHANCERY CLERK
OF MARSHALL COUNTY, MISSISSIPPI
By Karen Cook, D.
C.
Publish: Sept. 13, Sept. 20 and
Sept. 27, 2007.
(37-39c)
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, Courthouse, Post Office Box
219, Holly Springs, Mississippi 38635, until 10:00 A.M.
Monday October 15th, 2007 and thereafter publicly open them for the
following:
1. Portland cement in place for
soil cement to meet all requirements of
Section S-308-Portland Cement treated courses as per Mississippi
Standard Specification for State Aid Road and Bridge
Construction; Division of State Aid Road Construction 1989
Edition; priced per CWT on sites in Marshall County as
directed by the County Administrator. All testing of in place
material will be performed by the County Engineer at the expense of the
owner. All testing shall meet the appropriate sections of the
Mississippi Standard Specifications.
2. Soil cement water mixing
(multiple pass mixers) in place to meet all
requirements of Section S-308-Portland Cement Treated Courses as per
Mississippi Standard Specifications for State Aid Road and Bridge
Construction; Division of State Aid Road Construction, 1989
edition; priced per square yard on sites in Marshall County as directed
by the County Administrator. All testing of in place
materials will be performed by the County Engineer at the expense of
the owner. All testing shall meet the appropriate sections of
the Mississippi Standard Specifications.
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 7th day of
September, 2007
Larry Hall
County Administrator
(37-38c)
RESOLUTION OF THE BOARD OF
SUPERVISORS OF MARSHALL COUNTY, MISSISSIPPI
AUTHORIZING AMENDMENT TO INCORPORATION AGREEMENT AS AMENDED OF
NORTHEAST MISSISSIPPI SOLID WASTE MANAGEMENT AUTHORITY
WHEREAS, the Board of
Commissioners of the Northeast Mississippi Solid
Waste Management Authority has adopted a Resolution proposing an
Amendment to the Incorporation Agreement, which is set forth in full in
said Resolution, amending the original Incorporation Agreement and the
Incorporation Agreement as previously amended to reflect the withdrawal
as Members of the Authority the City of Holly Springs, Mississippi and
Marshall County, Mississippi and to change the place for recordation of
corporation documents from Alcorn County, Mississippi to Tippah County,
Mississippi, the situs County and to combine the voting strengths and
rights of the City of Ashland into that of Benton County, Mississippi;
and
WHEREAS, the undersigned, which
is a Member of the Northeast
Mississippi Solid Waste Management Authority finds that same is in the
best interest of its citizens and should be allowed.
NOW, THEREFOR, on motion made by
Supervisor Flemon and seconded by
Supervisor Bennett and unanimously adopted by all Supervisors present
BE IT RESOLVED that:
1. The Amendments to the
Incorporation Agreement as Amended, along with
their Certificates of Incorporation of Northeast Mississippi Solid
Waste Management Authority, as set forth in the Resolution adopted by
the Board of Commissioners of the Northeast Mississippi Solid Waste
Management Authority on May 8, 2007, a true and correct copy of which
is attached hereto marked Exhibit “A,” the terms of
which are to be considered as a part hereof by and through
incorporation by reference, as if copied fully herein in words and
figures, be and the same are hereby approved.
2. The Incorporation Agreement as
amended, along with the Certificates
of Incorporation shall be amended by the Board of Commissioners upon
approval of 2/3rds of the governing bodies of the Members with said
Amendments deleting Marshall County, Mississippi and Holly Springs,
Mississippi, as Members of the Northeast Mississippi Solid Waste
Management Authority, and apportioning the voting strength
proportionately, based upon said deletion as to the remaining Members,
but with that of the City of Ashland combined with and into that of
Benton County, Mississippi, and to require the filing of all corporate
amendments to be in the situs County of Tippah County, Mississippi, and
no longer in Alcorn County, Mississippi, which had previously withdrawn
and the same being as follows:
FIRST AMENDMENT
Paragraph 1, as Amended in 1998,
presently provides:
1. The name of each participating
unit of local government (Member) and
a date which each Member adopted an Authorizing Resolution are:
Ashland-City-January 14, 1992
Benton-County-January 6, 1992
Booneville-City-January 10, 1992
Prentiss-County-January 3, 1992
Ripley-City-January 7, 1992
Tippah-County-January 3, 1992
Marshall-County-January 13, 1992
Holly Springs-City-January 13,
1992
2. The Authority proposes to
delete said Paragraph and substitute
therefor a new Paragraph 1 in the following language: The name of each
participating unit of local government (Member) and the date which each
Member adopted an Authorizing Resolution are:
Ashland-City-____________ ___,
2007
Benton-County-____________ ___,
2007
Booneville-City-____________ ___,
2007
Prentiss-County-____________ ___,
2007
Ripley-City- ____________ ___,
2007
Tippah-County-____________ ___,
2007
SECOND AMENDMENT
Paragraph 4(a) as previously
amended April, 1998, presently provides:
The voting strength of each
Commissioner shall be based on a pro rata
share of the municipal solid waste volume contributed by such
Commissioner’s Member to the total solid waste volume
contributed by all Members of the Authority. The pro rata percentage
shall be multiplied by 100 to arrive at the total respective vote, and
then rounded to the nearest 1/100ths. This shall be the total voting
strength of each such Commissioner, which shall constitute 100 votes.
Adjustments have been made for the provisions contained in 4(d) below.
The previously amended voting strength of each respective Commissioner
is as follows:
MEMBER
VOTING
STRENGTH
TERM
Ashland
.69
3
Benton
7.07
1
Booneville
12.70
4
Prentiss
19.50
4
Ripley
6.17
1
Tippah
20.49
3
Marshall
20.49
2
Holly Springs
12.89
2
TOTAL
100.00
The Authority proposes deleting
said Paragraph and substituting
therefor a new Paragraph 4(a) in the following language. The voting
strength of each Commissioner shall be based on a pro rata share of the
municipal solid waste volume contributed by such
Commissioner’s Member to the total solid waste volume
contributed by all Members of the Authority, except that of the Town of
Ashland with all its rights thereto combined into those of Benton
County. The pro rata percentage shall be multiplied by 100 to arrive at
the total respective vote, and then rounded to the nearest 1/100ths.
This act shall be the total voting strength of each such Commissioner,
which will constitute 100 votes. The adjustments have been made for the
provisions contained in 4(d) below. The voting strength of each
respective Commissioner, based on the contribution of each respective
Member is as follows:
MEMBER
VOTING STRENGTH TERM
Benton with Ashland combined
11.65
4
Booneville
19.06
4
Prentiss
29.27
4
Ripley
09.27
4
Tippah
30.75
4
TOTAL
100.00
THIRD AMENDMENT
Paragraph 2 presently provides:
The name of the Authority shall
be Northeast Mississippi Solid Waste
Management Authority (Authority). The period of duration is perpetual.
The principal office of the Authority shall be within the boundaries of
the Members; and shall initially be at the Northeast Mississippi
Planning and Development District at Highway 30 and 4 Bypass, (P.O. Box
600, Booneville, MS 38829.) Such office may be changed from time to
time by a duly authorized Resolution of the Commissioners, a copy of
which shall be recorded with the Chancery Clerk’s Office of
Alcorn County, Mississippi, in the corporation book, and with the
Secretary of State of Mississippi.
3. This action reflects the
actual withdrawal of Marshall County,
Mississippi and the City of Holly Springs, Mississippi, done at an
earlier date wherein all bond issues, indebtednesses, costs, expenses
and obligations at the time of the withdrawal are resolved between the
remaining Members of the Northeast Mississippi Solid Waste Management
Authority and the City of Holly Springs, Mississippi and Marshall
County, Mississippi.
4. This Resolution shall be
published two (2) successive weeks in a
newspaper of general circulation in Marshall County, Mississippi and
the cost thereof shall be paid by Marshall County, Mississippi.
5. A true, correct and certified
copy of this Resolution and the Proof
of Publication of said notice shall be forthwith provided to the
Executive Director of the Northeast Mississippi Solid Waste Management
Authority by the Clerk of the Board.
6. The Resolution which will be
published in the newspaper, shall not
require a copy of the attachment hereto, all of which shall be made
part of the Minutes of the Meeting of this Board and available for
public inspection and copying.
7. Board Members voting on said
matter voted as follows:
NAME
VOTE
Willie Flemon,
Jr. Aye
Eddie Dixon
Absent
Keith Taylor
Aye
George Zinn,
III Aye
Ronnie Joe
Bennett Aye
RESOLVED, this the 7th day of
May, 2007.
MARSHALL COUNTY, MISSISSIPPI, BY
AND THROUGH ITS BOARD OF SUPERVISORS
BY: Keith Taylor
EDDIE DIXON, PRESIDENT
Keith Taylor, Vice
President
ATTEST:
Chuck Thomas
CHUCK THOMAS, CLERK
On a motion by Alderman DeBerry
second by Alderman Buck it is ordered
to delay the approval of the School Budget until a detailed financial
statement is submitted to the Board of Aldermen. The Mayor is
instructed to write a letter to the President of the School Board
informing him of this request and also send a copy to the
Superintendent of the Holly Springs School District. The following roll
vote was taken:
Alderman Buck
voted yes
Alderman DeBerry
voted Yes
Alderman Burke
voted Yes
Alderman Colhoun
voted Yes
Alderman Hutchens
voted Absent
The motion carried having
received a majority voted.
RESOLUTION OF THE CITY OF HOLLY
SPRINGS,
MISSISSIPPI, WITHDRAWING FROM THE
NORTH-
EAST MISSISSIPPI SOLID WASTE
MANAGEMENT
AUTHORITY AND REQESTING AN
AMENDMENT TO
THE INCORPORATION AGREEMENT OF
SAME, AS
AUTHORIZED BY CHAPTER 308,
GENERAL LAWS
OF THE STATE OF MISSISSIPPI, 1994
WHEREAS, this Board finds and
determines as of fact that the interest
of the City of Holly Springs, Mississippi, and its citizens may best be
served by withdrawing from the Northeast Mississippi Solid Waste
Management Authority, and requesting an amendment to the Incorporation
Agreement of same, all as authorized by Chapter 308, General laws of
the State of Mississippi, 1994, said provisions codified as an
amendment to Miss Code Ann. 17-17-311 (Supp. 1994).
NOW, THEREFORE, UPON THE MOTION
OF Alderman Hutchens and the second of
Alderman DeBerry, the following resolution was moved to be adopted by
the Mayor and Board of Alderman of the city of Holly Springs,
Mississippi, to wit:
1. For the reasons hereinabove
set forth, the Mayor and Board of
Aldermen of the City of Holly Springs, Mississippi, do hereby declare
that it is necessary, reasonable, prudent and in the best interest of
all citizens within its jurisdiction to withdraw from the Northeast
Mississippi Solid Waste Management Authority, and the said Mayor and
Board of Aldermen do hereby resolve to withdraw from said regional
solid waste management authority, pursuant to the provisions of Chapter
308, General Laws of the State of Mississippi, 1994.
2. Further pursuant to the
aforesaid statutory authority, the Mayor and
Board of Aldermen of the City of Holly Springs do formally request an
amendment to the Incorporation Agreement of the said Northeast
Mississippi Solid Waste Management Authority, effecting withdrawal of
the City of Holly Springs, Mississippi, from said authority, as
authorized by the provisions of said Chapter 308.
3. The said Mayor and Board of
Aldermen of the City of Holly Springs
further resolve to pay said Northeast Mississippi Solid Waste
Management Authority it pro rata share of any indebtedness, costs,
expenses or obligations of the authority outstanding at the time of
withdrawal by the said City of Holly Springs.
4. The Mayor and Board of
Aldermen of the City of Holly Springs further
request that the Northeast Mississippi Solid Waste Management Authority
proceed with the proposed amendment of its Incorporation Agreement as
provided by Chapter 308.
After a full discussion of this
matter, the Board voted as follows:
Alderman Buck
voted: Aye
Alderman DeBerry
voted: Aye
Alderman Burke
voted: Aye
Alderman Colhoun
voted: Aye
Alderman Hutchens
voted: Aye
Whereupon the foregoing
resolution was declared passed and adopted at
the regular meeting of the Mayor and Board of Holly Springs on this the
12th day of September, 2000.
Eddie Smith Jr.
MAYOR
ATTEST
Sandra Young
CITY CLERK
On a motion by Alderman Buck
second by Alderman Burke to approve a
$1,000.00 payment to Lonnell Webb for partial payment on his quote for
work performed on the pump house at the swimming pool. All Aldermen
present voting in favor of the motion.
On a motion by Alderman DeBerry
second by Alderman Burke it is ordered
to recess until September 19 at 6:30 p.m. All Aldermen present voting
in favor of the motion.
Eddie L. Smith, Jr.
Mayor
ATTEST:
Sandra Young
City Clerk
RECESSED MEETING
SEPTEMBER, 19, 2000
Be it remembered that the Mayor
and Board of Aldermen of the City of
Holly Springs met in the City Hall at 6:30 P.M. in the following order.
Present and presiding, Eddie L. Smith, Jr., Mayor; Kelvin Buck, Robert
Burke, Nancy Hutchens, Aldermen; absent Andre’ DeBerry,
Garrie Colhoun, Aldermen; Ki Jones, City Attorney; when and where the
following acts and orders were said and done as follows.
On a motion by Alderman Buck
second by Alderman Burke to accept the
recommendation of the Planning Commission allowing Ms. Annie Moffitt to
build a restaurant and three (3) rental spaces located on her property
on North Memphis Street which is a B4 Zone. All Aldermen present voting
in favor of the motion.
On a motion by Alderman Buck
second by Alderman Burke it is ordered to
advertise for the construction of the Multi-Purpose Center which is to
be build on North Memphis Street. Bid date for the opening is set for
October 17, 2000. All Aldermen present voting in favor of the motion.
(37-38c)
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 March 28, 2005, executed by Antoine
Stinson, unto William F. Schneller as Trustee, to secure an
indebtedness therein described to Gary W. Barnett and G. Heath Barnett,
said Deed of Trust being of record in Land Deed of Trust Book 395 page
438-441 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, OCTOBER 5, 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:
FARM NO. 1
TALLALOOSA FARMS
FARM NO. 1 being 8.49 acres all
in the S. E. 1/4 of Section 36,
Township 3 South, Range 4 West, Marshall County, Mississippi and being
more particularly described as follows:
Commence at a 1/2" re-bar set at
a steel post found said point being
the S W. Corner of the S. E. 1/4 of section 36, T-3-S, R-4-W; thence N
0° 28' 50" E 2522.75 feet to a 1/2" re-bar set at the
N. W. Corner of said farm, said point being the POINT OF BEGINNING;
thence S 88° 32' 00" E 69.21 feet along a fence line to a 3/8"
re-bar found; thence N 88° 07' 50" E 531.40 feet to a 3/8"
re-bar found; thence S 89° 25' 27" E 1628.01 feet to a 1/2
re-bar set on the west r/w of the Red-banks Road; thence along a curve
to the right with a delta angle of 00° 23' 04" having a radius
of 11409.16 feet and a arc length of 76.56 feet, with a chord bearing
and distance of S 3° 49' 35" W 76.56 feet, to a 1/2 re-bar set;
thence S 85° 58' 53" E 10.00 feet to a 1/2 re-bar set; thence
along a curve to the right with a delta angle of 00° 22' 07"
having a radius of 11419.16 feet and a arc length of 73.46 feet, with a
chord bearing and distance of S 4° 12' 10" W 73.46 feet, to a
1/2 re-bar set; thence N 89° 40' 02" W 2335.45 feet to a 1/2
re-bar set; thence N 45° 37' 50" W 255.58 feet to the POINT OF
BEGINNING.
Said FARM 1 containing 8.49 acres
more or less (369,824 square feet).
FARM NO. 2
TALLALOOSA FARMS
FARM NO. 2 being 7.91 acres all
in the S. E. 1/4 of Section 36,
Township 3 South, Range 4 West, Marshall County, Mississippi and being
more particularly described as follows:
Commence at a 1/2 re-bar set at a
steel post found said point being the
S. W. Corner of the S. E. 1/4 of Section 36, T-3-S, R-4-W; thence N
0° 28' 50" E 2522.75 feet to a 1/2 re-bar set; thence S
45° 37' 50" E 255.58 feet to a 1/2 re-bar set at the N. W.
corner of said farm, said point being the POINT OF BEGINNING; thence S
89° 40' 02" E 2335.45 feet to a 1/2 re-bar set on the west r/w
of Red-Banks road; thence along a curve to the right with a delta angle
of 00° 45' 09" having a radius of 11419.16 feet and a arc
length of 149.97 feet, with a chord bearing and distance of S
4° 45' 48" W 149.97 feet, to a 1/2 re-bar set; thence N
89° 51' 07" W 2162.02 feet to a 1/2 re-bar set; thence N
45° 37' 50" 225.14 feet to the POINT OF BEGINNING.
Said FARM NO. 2 containing 7.91
acres mor or less ( 344,560 square feet)
PARCEL NO.
207-36-37 and 207-36-36
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
11th day of September, 2007.
William F. Schneller, Trustee
Publishing Dates: Sept. 13, 20,
27 & Oct. 4, 2007
(37-40c)
NOTICE OF SUBSTITUTED TRUSTEE'S
SALE
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
WHEREAS, on October 16, 2006,
Shamell Tucker executed a promissory note
payable to the order of New Century Mortgage Corporation; and
WHEREAS, the aforesaid promissory
note was secured by a Deed of Trust
dated October 16, 2006, executed by Shamell Tucker, and being recorded
in Book 423, at Page 163, of the records of the Chancery Clerk of
Marshall County, Mississippi; and which aforesaid Instrument conveys to
Professional Services, Inc., mistakenly referred to as Professional
Services, Trustee, the hereinafter described property; and
WHEREAS, said Deed of Trust was
assigned to Deutsche Bank National
Trust Company as Trustee under Pooling and Servicing Agreement dated as
of February 1, 2007 Securitized Asset Backed Receivables LLC Trust
2007-NC2 Mortgage Pass-Through Certificates, Series 2007-NC2, as
evidenced by an Assignment and Transfer of Lien filed on June 25, 2007,
and recorded in Book 95, at Page 155, in the records of the Chancery
Clerk of Marshall County, Mississippi; and
WHEREAS, Deutsche Bank National
Trust Company as Trustee under Pooling
and Servicing Agreement dated as of February 1, 2007 Securitized Asset
Backed Receivables LLC Trust 2007-NC2 Mortgage Pass-Through
Certificates, Series 2007-NC2 having executed a Substitution of Trustee
to substitute Floyd Healy as trustee in the place and stead of
Professional Services, Inc., mistakenly referred to as Professional
Services, the same having been recorded in Book 443, at Page 142, of
the records of the Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, default having occurred
under the terms and conditions of said
promissory note and Deed of Trust and the holder having declared the
entire balance due and payable; and
WHEREAS, Floyd Healy, Substituted
Trustee in said Deed of Trust will on
the 5th day of October, 2007, between the hours of 11:00 a.m. and 4:00
p.m., offer for sale and will sell at public outcry to the highest
bidder for cash at the South front door of the Marshall County
Courthouse in Holly Springs, Mississippi, the following described
property located and situated in Marshall County, Mississippi, to wit:
Lot No. 46, Phase III of West Ridge Village Subdivision, according to
Plat prepared by Larry L. Britt, PE 7193, dated November 29, 2005,
final plat approved and file January 24, 2006, in Plat File No. 1030 A,
in the office of the Chancery Clerk of Marshall County, Mississippi,
and being further located in the Southeast Quarter of Section 30,
Township 3 South, Range 2 West, Marshall County, Mississippi.
Indexing Instructions: Lot No. 46
of Phase III, West Ridge Village
Subdivision, Final Plat in Section 30, Township 3 South, Range 2 West,
Marshall County, Mississippi.
More commonly known as: 813
Spring Ridge Cove, Holly Springs,
Mississippi 38635
Subject to the rights of way and
easement for public roads and public
utilities, and to any prior conveyance or reservation of mineral of
every kind and character, including but not limited to oil, gas, sand
and gravel in or under subject property.
As the undersigned Substituted Trustee, I will convey only such title
as is vested in me under said Deed of Trust.
This 10th day of September, 2007.
Prepared by:
Floyd
Healy
Floyd Healy
Substituted Trustee
1405 N. Pierce, Suite 306
Little Rock, Arkansas
72207
Insertion Dates:
Sept. 13, 20, 27, 2007; Oct. 4,
2007.
(37-40c)
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