NOTICE OF SALE
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:
GRANTOR(S); DATE EXECUTED; TRUST DEED BOOK;
PAGE
Danny D. Allen and Nancy C. Allen; 5/24/85; 134; 568;
Danny D. Allen and Nancy C. Allen; 6/4/86; 140; 605;
Danny D. Allen and Nancy C. Allen; 6/16/89; 158; 378;
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
Substituted 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 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 the 29th day
of October, 2007, to satisfy the indebtedness now due under and secured
by said deed(s) of trust.
The premises to be sold are described as:
Commence at the Northeast corner of the Southeast Quarter of Section 2,
Township 2 South, Range 2 West, Marshall County, Mississippi; thence
West 855 feet to a point; thence South 1,620 feet to the Point of
Beginning; thence North 36 degrees 0 minutes East 310 feet to a point;
thence South 54 degrees 0 minutes East 144 feet to a point; thence
South 36 degrees 0 minutes West 300 feet to a point in North line of
public road; thence Northwestwardly along the north line of public road
146 feet to the Point of Beginning and containing one (1) acre.
Title to said property is believed to be good, but I will convey only
such title as is vested in me as Substituted Trustee.
October 4, 2007
MARION H. MILLS
DATE
Substituted Trustee
Duly authorized to act in the premises by
instrument dated September 11, 2007,
and recorded in Book 447, Page 233,
of the records of the aforesaid County and
State.
(40-43c)
NOTICE TO BIDDER
Sealed Bids will be received by the Mayor and Board of
Aldermen of the City of Holly springs, Mississippi for the CITY
SERVICES AND SUPPLIES in the Office of the Clerk of said City Hall, at
160 South Memphis Street, in Holly Springs, Mississippi until the hour
of 5:30 o’clock, p.m. Central Standard Time on November 6,
2007 at which time on said date all bids shall be publicly opened and
read aloud in the board room of said Mayor and Board of Aldermen, on
the second floor of said City Hall.
No bidder may withdraw a bid submitted for a period of thirty
(30) days after the opening of such bids. The right is
reserved to reject any and all bids and to waive any informalities
therein.
Contract Documents and Specifications are on file in the
Office of the City Clerk of said City and may be obtained thereof.
So ordered by the Mayor and Board of Aldermen of the City of
Holly Springs Mississippi on this the 18th day of September
2007.
Mayor, Andre Deberry
Attest: Belinda McDonald
City Clerk
Publication Dates: October 4, 2007, October 11, 2007
(40-41c)
Britt’s Mini Storage
Contents of Unit #12, Samantha Fiorintino, will be sold 10
days from this date, Oct. 4, 2007.
(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 May 10, 2006 executed by
Nolan T. Cook 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 409 pages 183-188 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 26, 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. D of Dove Field Farms a plat of which is recorded in the land
records of said county in plat file 735 A&B
LESS AND EXCEPT: A part of Farm No. D of Dove Field Farms a
plat of which is recorded in the land records of said county in plat
files 735 A&B. Described as beginning at the
northeast corner of said Farm No. D and running thence south along the
east line of said Farm D 872.00 feet to a stake; thence West 100.00
feet to a stake; thence North 842.00 feet to a stake on the public
road; thence East 100.00 feet to the point of beginning. Containing
2.00 acres located in Section 24, Township 3 South, Range 4 West; Also
one 1995 Peachstate Model #2601 Serial Number PSHGA16932A/B 24 x 52.
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 28th day of September, 2007.
William F. Schneller, Trustee
Publishing Dates: October 4, 11, 18, 25, 2007
(40-43c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF
ISAAC COOPER, SR., DECEASED
CAUSE NO. 07-0318-A
NOTICE TO CREDITORS
Letters Testamentary having been issued to the undersigned by
the Chancery Court of Marshall County, Mississippi on the 13th day of
June, 2007, as Co-Executors of the Estate of Isaac Cooper, Sr.,
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 13th day of June, 2007.
Lovvaner Cooper
LOVVANER COOPER, CO-EXECUTOR
OF THE ESTATE OF ISAAC COOPER, SR.,
DECEASED
Harold M. Cooper
HAROLD M. COOPER, CO-EXECUTOR
OF THE ESTATE OF ISAAC COOPER, SR.,
DECEASED
J.Kizer Jones
J. KIZER JONES
ATTORNEY AT LAW
POST OFFICE BOX 117
HOLLY SPRINGS, MISSISSIPPI 38635
PHONE: 662-252-3788
(40-42c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF
L. T. FREDERICK, DECEASED, TESTATE
CAUSE NO. 07-0010-A
NOTICE TO CREDITORS
Letters Testamentary having been issued to the undersigned by
the Chancery Court of Marshall County, Mississippi on the 2nd day of
October, 2007, as Executrix of the Estate of L. T. Frederick, 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 2nd day of October, 2007.
Kathy Frederick
KATHY FREDERICK, EXECUTRIX OF THE
ESTATE OF L. T. FREDERICK,
DECEASED
J. Kizer Jones
J. KIZER JONES
ATTORNEY AT LAW
POST OFFICE BOX 117
HOLLY SPRINGS, MISSISSIPPI 38635
PHONE: 662-252-3788
(40-42c)
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 14, 2003 executed by
George Goodman and Kathy Goodman unto William F. Schneller as
Trustee, to secure an indebtedness therein described to First State
Bank, said Deed of Trust being of record in Land Deed of Trust Book 333
pages 20-24 of the land records of the Clerk of the Chancery Court of
Marshall County, Mississippi;
Deed of Trust dated July 14, 2003 executed by George Goodman
and Kathy Goodman unto William F. Schneller as Trustee, to
secure an indebtedness therein described to First State Bank, said Deed
of Trust being of record in Land Deed of Trust Book 365 pages 420-424
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 26, 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:
Beginning at the NE corner of the SE 1/4 of Section 32, Township 1
South, Range 3 West, Marshall County, Mississippi and going along Taska
Road South 471 feet to south side of Jon Oaks Drive, thence West along
South side of Jon Oaks Drive 970.1 feet to point of
beginning. Thence South 973.8 feet to a point; thence West
135 feet to a point; thence North 975.1 feet to a point; thence East
along Jon Oaks Drive 135 feet to point of beginning and
containing 3.02 acres more or less being Lot #10 of Taska Oaks
Subdivision.
PROPERTY ALSO KNOWN AS: 97 Jon Oaks Drive, Red Banks, MS 38661
PARCEL NUMBER: 129-32-27
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 27th day of September, 2007.
William F. Schneller, Trustee
Publishing Dates: October 4, 11, 18 & 25, 2007
(40-43c)
TRUSTEE'S NOTICE OF SALE
WHEREAS, on March 10, 2004, Randy Hall and Anne (Ann) Hall,
husband and wife, executed a Deed of Trust to Lem Adams III, Trustee
for the use and benefit of H&R Block Mortgage Corporation,
which Deed of Trust is on file and of record in the office of the
Chancery Clerk of Marshall County, Mississippi, in Deed of Trust Record
Book 351 at Page 23, thereof; and
WHEREAS, said Deed of Trust was ultimately assigned to LaSalle
Bank National Association, as Trustee for Securitized Asset Investment
Loan Trust Mortgage Pass-Through Certificates Series 2004-8, by
assignment on file and of record in the office of the aforesaid
Chancery Clerk in Book 95 at Page 199 thereof; and
WHEREAS, default having been made in the performance of the
conditions and stipulations as set forth by said Deed of Trust, and
having been requested by the legal holder of the indebtedness secured
and described by said Deed of Trust so to do, notice is hereby given
that I, Lem Adams, III, Trustee, by virtue of the authority conferred
upon me in said Deed of Trust, will offer for sale and will sell at
public sale and outcry to the highest and best bidder for cash, during
the legal hours (between the hours of 11 o'clock a.m. and 4 o'clock
p.m.) at the South front door of the Marshall County Courthouse at
Holly Springs, Mississippi, on the 25th day of October, 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:
Tract A: Farm No. 95 and 97, Phase VI, Collierville-Byhalia Farms,
located in Section 14, Township 2 South, Range 5 West. A plat of said
subdivision was originally recorded in Plat Book 10 at Page 11, and
Plat Book 10 at Page 100 and is now refiled in Plat File No. 421 A in
the Land Records of Marshall County, Mississippi, to which reference is
made.
Tract B: Farm No. 93, Phase VI, Collierville-Byhalia Farms,
located in Section 14, Township 2 South, Range 5 West. A plat of said
subdivision was originally recorded in Plat Book 10 at Page
11, and Plat Book 10 at Page 100 and is now refiled in Plat File No.
421 A in the Land Records of Marshall County, Mississippi, to which
reference is made.
Title to the above described property is believed to be good, but I
will convey only such title as is vested in me as Trustee.
WITNESS my signature, on this the 25th day of
September, 2007.
LEM ADAMS, III
TRUSTEE
PREPARED BY: ADAMS & EDENS
Foreclosure Department
POST OFFICE BOX 400
BRANDON, MISSISSIPPI 39043
(601) 825-9508
A&E File #17615
PUBLISH: October 4, 11, 18, 2007
(40-42c)
NOTICE OF PUBLIC HEARING
The Marshall County Board of Supervisors hereby notifies Floyd
Moore, Greg O’Brion and Larry Bing, as owners of 1426 South
Red Banks Rd. Red Banks, MS 38661 (parcel 207-25-41), that due to
complaints received regarding your real property, it will hold a public
hearing at 10:00 a.m. on Monday, November 5, 2007, pursuant to Section
19-5-105 of the Mississippi Code Annotated, 1972, as amended.
The hearing regarding the real property shall be held at the regularly
scheduled meeting of the Marshall County Board of Supervisors in the
Board Room located at 103B Market Street, Holly Springs,
Mississippi. You, as well as any other interested party, may
appear and present any relevant evidence or facts that you may have
with regard to this issue at said time and place. If, at that
time, the Board determines that the condition of the referenced real
property is such that it is a menace to the public health and/or safety
of the community, then county employees or contract labor will be
instructed to proceed with the cleaning and clearing of the property
consistent with the provisions of the statute.
The actual costs of cleaning the property will be adjudicated
by Resolution of the Board and shall become an assessment against your
property. The assessment for cleaning the property shall not
exceed $10,000.00. This assessment shall become a lien
against the property and may be enrolled in the Office of the Circuit
Clerk of Marshall County just as other judgments are enrolled.
Further, the Tax Collector can be ordered to sell said
property in order to satisfy the lien with you, as property owner,
retaining the right of redemption as now provided by law for the sale
of lands for delinquent taxes.
(40-41c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
WHEREAS, on August 22, 2006, Bryant Higgenbottom, a single man
and Tiffany E. Scruggs, a single woman, executed a Deed of Trust to
Jeff S. McCaskill, 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 Record Book 418 at Page 178, thereof; and
WHEREAS, said Deed of Trust was assigned to HSBC Mortgage
Services, Inc., by assignment on file and of record in the office of
the aforesaid Chancery Clerk in Book 95 at Page 141 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 441 at Page
561, 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 25th day of October, 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:
Lot 26, Section A, Phase I, Ingram's Place Subdivision, situated in
Section 26, Township 2 South, Range 5 West, Marshall County,
Mississippi, as per plat thereof recorded in Plat File #823-A, 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 26th day of
September, 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 #17635
PUBLISH: October 4, 11, 18, 2007
(40-42c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
WHEREAS, on September 29, 2006, Joey Martin and Courtney
Martin executed and delivered a certain Deed of Trust unto Jay Morris,
Trustee for the benefit of JPMorgan Chase Bank, NA, 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
422, Page 490; and
WHEREAS, said Deed of Trust was subsequently assigned unto
Chase Home Finance LLC, by instrument recorded in the Office of the
aforesaid Chancery Clerk in Book 95, Page 668; 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 446, Page 641-643; 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 25,
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 10, as shown on Plat No. 867A of Flick's Country Estates,
according to an unnumbered plat of record in the office of the Chancery
Clerk's Office of Marshall County, Mississippi, filed June 13, 2000 at
3:41p.m. said plat prepared by Don Hollingsworth, No. LS2525, dated
November 16, 1999, and located in Section 9, Township 5 South, Range 1
West, of the Town of Potts Camp, Marshall County, Mississippi.
Subject to restrictions shown on plat.
This the same land and property as conveyed to Willie Anderson
and wife, Geneva Anderson, jointly as an estate in the entirety with
rights of survivorship and not as tenants in common, by Warranty Deed
from Miren C. J. Statler, April 18, 2002, and recorded in Land Deed
Book 326, at Page 406 in the Office of the Chancery Clerk of Marshall
County, Mississippi.
Rights of way and easements for public road and utilities.
Laws, ordinances and regulations which govern the use and
occupancy of this land enacted by the United States of America, the
State of Mississippi and its political subdivisions, and particularly
including the subdivision regulations and zoning ordinances adopted by
ordinances of the Board of Supervisors of Marshall County, Mississippi,
none of which render title unmarketable.
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
28th day of September, 2007
LaSheka Payne
LaSheka Payne, Member
Morris, Schneider & Prior, L.L.C.
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181 ext 1120
0717887MS
PUBLISH: 10/4/07, 10/11/07 and 10/18/07
(40-42c)
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND
DRAINS, PRIVATE SEWAGE DISPOSAL. THE INSTALLATION AND
CONNECTION OF BUILDING SEWERS AND THE DISCHARGE OF EATERS AND
WASTES INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF IN THE TOWN OF POTTS CAMP,
COUNTY OF MARSHALL, STATE OF MISSISSIPPI.
BE IT ORDAINED by the Mayor and Board of Alderman of the Town
of Potts Camp, Mississippi, as follows:
ARTICLE I
Definitions
Unless the context specifically indicates otherwise the
meaning of terms used in this Ordinance shall be as follows:
Section 101 “Sewerage Works” shall mean
all facilities for collecting, pumping, treating, and disposing of
sewage.
Section 102 “Superintendent” shall mean
the superintendent or manager of the sewerage works of the Town of
Potts Camp or his authorized deputy, agent or representative.
Section 102(a) “Inspector” shall mean the
individual designated by the Town of Potts Camp or his authorized
deputy, agent or representative.
Section 103 “Sewage” shall mean a
combination of the water carried wastes from residences, business
buildings, institutions and industrial establishments, together with
such ground surface and storm waters as may be present.
Section 104 “Sewer” shall mean a pipe or
conduit for carrying sewage.
Section 105 “Public Sewer” shall mean a
sewer in which all owners of abutting properties have equal rights and
is controlled by public authority.
Section 106 “Sanitary Sewer” shall mean a
sewer which carries sewage and to which storm, surface and ground
wastes are not intentionally admitted.
Section 107 “Storm Sewer” or
“Storm Drain” shall mean a sewer which carries
sewage and to which storm, surface waters and drainage, but excludes
sewage and polluted industrial wastes.
Section 108 “Sewage Treatment Plant” shall
mean any arrangement of devices and structures used for treating sewage
presently owned or afterward acquired by said Town.
Section 109 “Industrial Wastes” shall mean
the liquid wastes from industrial processes as distinct from sanitary
sewage.
Section 110 “Garbage” shall mean solid
wastes from the preparation, cooking and dispensing of food and from
the handling, storage and sale of produce.
Section 111 “Properly Shredded Garbage”
shall mean the wastes from the preparation, cooking and dispensing of
foods that have been shredded to such degrees that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers with no particle greater than 1/2 inch in any dimension.
Section 112 “Building Drain” shall mean
the part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside
the walls of the building and conveys it to the building sewer,
beginning 5 feet outside the inner face of building wall.
Section 113 “Building Sewer” shall mean
the extension from the building drain to the public sewer or other
place of disposal.
Section 114 “B.O.D. (Denoting Biochemical Oxygen
Demand)” shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure in 5 days at 20 degrees C, expressed in milligrams per liter.
Section 115 “pH” shall mean the logarithm
of the reciprocal of the hydrogen ion concentration in moles per liter.
Section 116 “Suspended Solids” shall mean
solids that either float on the surface of or are in suspension in
water, sewage or other liquids; and which are removable by laboratory
filtering.
Section 117 “Natural Outlet” shall mean
any outlet into a watercourse, road ditch, lake or other body of
surface or ground water.
Section 118 “Watercourse” shall mean a
channel in which a flow of water occurs, either continuously or
intermittently.
Section 119 “Person” shall mean any
individual, firm, company, association, society, corporation or group.
Section 120 “Shall” is mandatory;
“May” is permissive.
Section 121 “ASTM” (American Society for
Testing and Materials) whenever an ASTM is designated it shall mean the
most current designation.
ARTICLE II
Use of Public Sewers Required
Section 201 It shall be unlawful for any person to place,
deposit or permit to be deposited in an unsanitary manner upon public
or private property within the Town of Potts Camp, or in any area under
the jurisdiction of said Town; any human or animal excrement, garbage
or other objectionable waste.
Section 202 It shall be unlawful to discharge to any natural
outlet within the Town of Potts Camp or in any area under the
jurisdiction of said Town, any sanitary sewage, industrial wastes or
other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of the Ordinance.
Section 203 Except as hereinafter
provided, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility intended or used
for the disposal of sewage.
Section 204 The owner of all houses,
buildings or properties used for human occupancy, employment,
recreation or other purposes within the corporate limits of the said
Town of Potts Camp and located within 250 feet of a line of public
sanitary sewer now in existence or afterward constructed to which such
houses, building or property may be connected so that sewage will flow
therefrom and into such sewer line by gravity is hereby required at his
own expense to install suitable toilet facilities therein and to
connect such facilities directly with said line of public sanitary
sewer in accordance with the provisions of this Ordinance within 90
days after date of official notice so to do.
ARTICLE III
PRIVATE SEWAGE DISPOSAL
Section 301 The type, capacities, location
and layout of a private sewage disposal system shall comply with all
recommendations of the Department of Public Health of the State of
Mississippi. No permit shall be issued for any private sewage
disposal system employing sub-surface soil absorption facilities where
the area of the lot is less than 15,000 square feet. No
septic tank or cesspool shall be permitted to discharge to any public
sewer or natural outlet.
Section 302 At such time as a public sewer
becomes available to a property served by a private sewage disposal
system, as provided in Section 204, a direct connection shall be made
to the public sewer in compliance with this ordinance, and any septic
tanks, cesspools and similar private sewage disposal facilities shall
be abandoned and filled with suitable matter.
Section 303 The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times, at no
expense to the Town.
Section 307 No statement contained in this
article shall be constructed to interfere with any additional
requirements that may be imposed by the Health Officer.
ARTICLE IV
Building Sewers and Connections
Section 401 No unauthorized person shall
uncover, make any connections with or opening into, use, after or
disturb any public sewer or appurtenances thereof without first
obtaining a written permit from the Town.
Section 402 There shall be a
visible cleanout plug installed by the owner.
Section 403 All cost and expense
incidental to the connection of the building sewer from the
owner’s building to the Town property or easement line shall
be borne by the owner.
The owner shall indemnify the Town from any loss or damage
that may be directly or indirectly associated by the connection of the
building sewer.
When connection fee is paid the Town will furnish a connection
to the sewer main, and run a sewer service line as specified under
Section 407 to the street or easement line where the sewer main is
located. The cost of the service connection and service to
the property of easement line shall be borne by the Town
Section 404 A separate and independent building sewer shall be
provided for every building, except where no building stands at the
rear of another on an interior lot and no private sewer is available or
can be constructed to the rear building through an adjoining alley;
court, yard or driveway, the building sewer from the front building may
be extended to the rear building and the whole considered as one
building sewer.
Section 405 Old building sewers may be
used in connection with new buildings when they are found, on
examination and test by the Inspector to meet all requirements of the
Ordinance.
Section 406 The building sewer service
line shall be constructed of either PVC pipes, having a minimum wall
thickness that is equal to or greater than that specified for SDR 26
conforming to ASTM 3034 and fittings conforming to the requirements of
the pipe manufacturer or ductile iron. Where sewer service
pipes are exposed (no cover) ductile iron or SDR 40 shall be
used. Where unlike service line materials are joined
together, a performed sewer pipe coupling shall be required.
Joining materials shall be as specified by the manufacturer.
Section 407 The size and slope of the
building sewer shall be subject to the approval of the Inspector, but
in no event shall the diameter be less than four or six inches,
depending on the class of the user. Residential users may use
either four or six inch pipe but educational institutions, commercial
and industrial users in no event shall use pipe less than six inches in
diameter. The slope of such four and six inch pipe shall not
be less than 0ne-eighth inch per foot.
Section 408 Whenever possible the building
sewer shall be laid parallel to or within three feet of any bearing
wall, which might thereby be weakened. The building sewer
shall be laid at uniform grade and in straight alignment insofar as
possible. Changes in direction shall be made only with
properly curved pipes and fittings.
Section 409 In all buildings in which any
building drain is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such drain shall be lifted by approved
artificial means and discharged to the building sewer.
Section 410 All excavations required for
the installation of a building sewer shall be open trench work unless
otherwise approved by the Inspector. Pipe laying and backfill
shall be performed in accordance with ASTM Specification C12; except
that no backfill shall be placed until the work has been inspected.
Section 411 All joints and connections
shall be made gas tight and waterproof.
Section 412 The connection of the building sewer into the
public sewer shall be made at the (WYE or TEE WYE) if such branch is
available at a suitable location. If no properly located (WYE
or TEE WYE) branch is available the Property Owner shall install a WYE
or TEE WYE or tap tee in the public sewer at the location specified by
the Inspector.
Section 413 Streets, sidewalks, parkways
and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the Town at property
owner’s expense.
ARTICLE V
Use of the Public Sewer
Section 501 No person shall discharge or cause to be
discharged any storm water, surface water, ground water, roof runoff,
subsurface drainage, cooling water or unpolluted industrial process
waters to any sanitary sewer.
Section 502 Storm water and all other unpolluted drainage
shall be discharged to such sewers as are specifically designated as
storm sewers or to a natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be
discharged upon approval of the Superintendent to a storm sewer or
natural outlet.
Section 503 Except as herein provided, no person shall
discharge or cause to be discharged any of the following described
waters or wastes to any public sewer.
a) Any liquid or vapor having a temperature higher that 150
degrees F
b) Any water or waste which may contain more than 100
milligrams per liter of fat oil or other gas.
c) Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid. Solid or gas.
d) Any garbage that has not been properly shredded.
e) Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood paunch manure, or any other
solid or viscous substance capable of causing obstruction the flow in
sewer or other interference with the proper operation of the sewerage
works.
f) Any waters or wastes having a ph lower than 5.5 or higher
than 9.0, or having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel of the sewerage
works.
g) Any waters of wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals or create
any hazard in the receiving waters of the sewage treatment plant.
h) Any waters or wastes containing suspended solids of such
character and quantity that ususal attention or expense is required to
handle such materials at the sewage treatment plant.
Section 504 Grease, oil and sand interceptors shall be
provided by property owner, at Property owner’s expense when,
in the opinion of the Superintendent, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts, or
any flammable wastes, sand and other harmful ingredients; except that
such interceptors shall not be required for private living quarters or
dwelling units. All interceptors shall be located as to be
readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in
temperature. They shall be of substantial construction,
watertight and equipped with easily removable covers which when bolted
in place shall be gas tight and watertight.
Section 505 Where installed, all grease, oil and sand
interceptors shall be maintained by the owner, at his expense, in
continuously efficient operation at all times. It must have a
visible cleanout hole the same size as the discharge pipe.
Section 506 The admission into the public sewers of any water
or wastes having (a) a 5-day Biochemical Oxygen Demand greater than 300
milligrams per liter, or (b) containing more than 350 milligrams per
liter of suspended solids, or (c) containing any quantity of
substance having the characteristics described in section 503, or (d)
having an average daily flow greater than two (2) percent of the
average daily sewage flow of the Town, shall be subject to the review
and approval of the Superintendent. Where necessary in the
opinion of the Superintendent, the owner shall provide at his expense,
such preliminary treatment as may be necessary to, (a) reduce the
Biochemical Oxygen Demand to 300 milligrams per liter and the suspended
solids to 350 milligrams per liter, or (b) reduce objectionable
characteristics or constituents to within the maximum limits provided
for in Section 503, or (c) control the quantities and rates of
discharge of such waters or wastes. Plans, specifications and
any other pertinent information relating to proposed preliminary
treatment facilities shall be submitted the said approval of the
Superintendent and no construction of such facilities shall be
commenced until said approval is obtained in writing.
Section 507 Where preliminary treatment facilities are
provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation, by the owner at
his expense.
Section 508 When required by the Superintendent, the owner of
any property served by a building sewer carrying industrial wastes
shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely
located, and shall be constructed in accordance with plans approved by
the Superintendent. The manhole shall be installed by the
owner at his expense, and shall be maintained by him so as to be safe
and accessible at all times.
Section 509 All measurements, test, and analysis of the
characteristics of waters and wastes to which reference is made in
Section 503 and 506 shall be determined in accordance with
“Standards Methods of the Examination of Water and
Sewage”, shall be determined at the control manhole provided
in Section 508, or upon suitable samples taken at said control
manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the
building sewer is connected.
Section 510 No statement contained in this article shall be
construed as preventing any special agreement or arrangement between
the Town and any industrial concern whereby an industrial waste of
usual strength or character may be accepted by the Town for
treatment, subject to payment therefor by the industrial concern.
ARTICLE VI
Protection of Damage
Section 601 No unauthorized person shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface, or
tamper with any structure, appurtenances or equipment which is a part
of the municipal sewage works. Any person violating this
provision shall be, subject to immediate arrest under charge of
disorderly conduct or malicious mischief.
ARTICLE VII
Power and Authority of Inspectors
Section 701 The Superintendent or Inspector and other duly
authorized employees of the Town bearing proper credentials and
identification shall be permitted to enter upon all properties for the
purposes of inspection, observation, measurement, sampling and testing,
in accordance with the provisions of this ordinance.
The Mayor and Board of Alderman are hereby authorized to
appoint an Inspector to carry out the duties as set out in this
ordinance. Said Inspector shall hold such office until such
time as the Mayor and Board of Alderman shall see fit and another
person appointed in his place. The Mayor and Board of
Alderman shall have the right to set whatever salary he is to receive,
if any.
ARTICLE VIII
Penalties
Section 801 Any person found to be violating any provision of
this ordinance, except Section 601, shall be served by the Town with
written notice stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction thereof.
The offender shall, within the period of time stated in such
notice, permanently cease all violations. At the
expiration of such notice, water service may be discontinued if
corrections have not been made.
Section 802 Any person who shall violate the provisions of
Section 601 of this ordinance or who shall continue any violation
hereof beyond the time limit provided for in Section 204 hereof or who
shall continue any other violation hereof beyond time limit provided
for in Section 801 hereof, shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than One
Hundred Dollars ($100.00) or by imprisonment for not more than thirty
(30) days, or by both, such fine and imprisonment for each violation.
Each day in which such a violation shall continue shall
constitute a separate offense and violation.
ARTICLE IX
Validity
Section 901 All sewer ordinances or parts of ordinances are
hereby repealed
Section 902 The invalidity of any section, clause, sentence or
provision of this ordinance shall not effect the validity of any other
part of this ordinance which can be given effect without such invalid
part of parts.
ARTICLE X
Ordinance in Force
Section 1001 The public welfare and necessity so requiring,
this ordinance shall take effect and be in full force and effect thirty
(30) days from and after its passage and approval.
The foregoing ordinance having been first reduced to writing,
was read and considered by section, each of said sections being adopted
by the following vote, to-wit:
ALDERMAN VOTING “YEA”
Alderman W.H. Bowen
Alderman Joan
Cox
Alderman James Westmoreland
Alderman Carol Jean Davis
ALDERMAN VOTING
“NAY” NA
ALDERMAN ABSENT - Alderman Casey Mayer
THEREUPON, THE MAYOR DECLARED SAID ORDINANCE APPROVED,
PASSED AND ADOPTED, THIS THE 11th DAY OF September,
2007.
Mayor Jimmie Collins
ATTEST:
Town Clerk Marie Tate
(40c)
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
WHEREAS, on the 16th day of December, 1997, DANIEL L. RISTUCCI
and CRISTA H. RISTUCCI executed and delivered a land deed of trust to
D. Rook Moore, III, Trustee for the benefit of CITIZENS BANK,
Beneficiary, which is recorded in Trust Deed Book No. 231 at page 440
in the office of the Chancery Clerk of Marshall County, Mississippi, and
WHEREAS, on the 22nd day of December, 2000, DANIEL L. RISTUCCI
and CRISTA HENLEY RISTUCCI, executed and delivered a land deed of trust
to Jennifer Shackelford, Trustee for the benefit of CITIZENS BANK,
Beneficiary, which is recorded in Trust Deed Book 275 at page 558, in
the office of the Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, on the 22nd day of December, 2000, DANIEL
L. RISTUCCI and CRISTA HENLEY RISTUCCI, executed and delivered a land
deed of trust to Jennifer Shackelford, Trustee for the benefit of
CITIZENS BANK, Beneficiary, which is recorded in Trust Deed Book 277 at
page 7, in the office of the Chancery Clerk of Marshall County,
Mississippi; and
WHEREAS, on the 12TH day of January, 2007, DANIEL L.
RISTUCCI and CRISTA HENLEY RISTUCCI, executed and delivered a land deed
of trust to Jennifer Shackelford, Trustee for the benefit of CITIZENS
BANK, Beneficiary, which is recorded in Trust Deed Book 430 at page
271, in the office of the Chancery Clerk of Marshall County,
Mississippi; and
WHEREAS, on the 5TH day of September, 2007, CITIZENS BANK,
Beneficiary, did appoint and substitute JENNIFER L. SHACKELFORD as
Trustee in lieu of D. ROOK MOORE, III, by Substitution of Trustee
recorded in Trust Deed Book No. 447 at page 90; 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, CITIZENS
BANK, 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 attorney's fees, trustee's fees and expenses
of sale;
NOW, THEREFORE, I, JENNIFER L. SHACKELFORD, as
Substituted Trustee in said deed of trust will on
the 26th 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
South front door of the County Courthouse at Holly Springs, Marshall
County, Mississippi, the following described property situated in
Marshall County, Mississippi, described as:
INDEXING: 1.50 ACRE LOT AS PART OF LOT 22, HOLLIS FARMS SUBDIVISION IN
PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 4 SOUTH, RANGE 4
WEST, MARSHALL COUNTY, MISSISSIPPI, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO WIT:
BEGINNING at the Southwest corner of Lot 22 of the HOLLIS
FARMS SUBDIVISION as recorded in Plat Book 12, Page 30 in the Chancery
Clerk’s office, Holly Springs, Mississippi; said corner being
in the Southwest Quarter of Section 31, Township 4 South, Range 4 West,
Marshall County, Mississippi; thence with the Southeast right-of-way of
Millwright Public Road run North 43 degrees 40 minutes East for 293.1
feet to an iron rod set 30.0 feet from centerline of Millwright Public
Road; thence leaving said road run South 42 degrees 54 minutes East for
223.2 feet to an iron rod; thence run South 43 degrees 40 minutes West
for 293.1 feet to an iron rod on fence line and the Southwest line of
Lot 22, thence with said line run North 42 degrees 54 minutes West for
223.2 feet to the POINT OF BEGINNING, containing 1.50 acres, more or
less.
ALSO SUBJECT TO: Any and all restrictive covenants and/or
subdivision regulations as recorded in Plat File Book 505B in the
office of the Chancery Clerk of Marshall County, Mississippi.
Note: This description covers only the real property
and any mobile home located upon this property is personal property not
subject to the interest of Citizens Bank.
SUBJECT TO: Rights of way and easements for public road and
utilities; and more particularly a Grant of Easement to Home Telephone
Company, recorded in Book 196, at page 55, in the office of the
Chancery Clerk of Marshall County, Mississippi.
Property address: 405 Mill Wright Road, Holly Springs, MS
38635.
SUBJECT TO: Rights of way and easements for public
road and utilities.
SUBJECT TO: Laws, ordinances and regulations which
govern the use and occupancy of this land enacted by the United States
of America, the State of Mississippi and its political subdivisions,
and particularly including the subdivision regulations and zoning
ordinances adopted by ordinances of the Board of Supervisors of
Marshall County, Mississippi, none of which render title unmarketable.
At the time of this publication, a search of the public
records reveals no tax liens filed by the United States or the State of
Mississippi. The sale of the property described in
said Deed of Trust shall be subject to any and all instrument of
record, prior liens, encumbrances, deeds of trust, easements,
restrictions, building liens, unpaid taxes, assessments, penalties, and
interest, if any. The title is believed to be good,
but the Trustee will convey and sell only such title as is vested in
her as Trustee.
The right is reserved to adjourn the day of the sale to another day or
time certain without further publication, upon announced at the time
for the above.
WITNESS MY SIGNATURE, this the 25th day of September, 2007.
JENNIFER L. SHACKELFORD,
SUBSTITUTED TRUSTEE
(40-43c)
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
WHEREAS, on the 15th day of May, 1998, DANIEL L. RISTUCCI and
CRISTA H. RISTUCCI executed and delivered a land deed of trust to D.
Rook Moore, III, Trustee for the benefit of CITIZENS BANK, Beneficiary,
which is recorded in Trust Deed Book No. 236 at pages 617 in the office
of the Chancery Clerk of Marshall County, Mississippi, and
WHEREAS, on the 22nd day of December, 2000, DANIEL
L. RISTUCCI and CRISTA H. RISTUCCI, executed and delivered a land deed
of trust to Jennifer Shackelford, Trustee for the benefit of CITIZENS
BANK, Beneficiary, which is recorded in Trust Deed Book 275 at page
552, in the office of the Chancery Clerk of Marshall County,
Mississippi; and
WHEREAS, on the 22nd day of December, 2000, DANIEL
L. RISTUCCI and CRISTA H. RISTUCCI, executed and delivered a land deed
of trust to Jennifer Shackelford, Trustee for the benefit of CITIZENS
BANK, Beneficiary, which is recorded in Trust Deed Book 277 at page 1,
in the office of the Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, on the 12TH day of January, 2007, DANIEL L.
RISTUCCI and CRISTA HENLEY RISTUCCI, executed and delivered a land deed
of trust to Jennifer Shackelford, Trustee for the benefit of CITIZENS
BANK, Beneficiary, which is recorded in Trust Deed Book 430 at page
278, in the office of the Chancery Clerk of Marshall County,
Mississippi; and
WHEREAS, on the 5TH day of September, 2007, CITIZENS BANK,
Beneficiary, did appoint and substitute JENNIFER L. SHACKELFORD as
Trustee in lieu of D. ROOK MOORE, III, by Substitution of Trustee
recorded in Trust Deed Book No. 447 at page 89; 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, CITIZENS
BANK, 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 attorney's fees, trustee's fees and expenses
of sale;
NOW, THEREFORE, I, JENNIFER L. SHACKELFORD, as
Substituted Trustee in said deed of trust will on the
26th 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 South
front door of the County Courthouse at Holly Springs, Marshall County,
Mississippi, the following described property situated in Marshall
County, Mississippi, described as:
INDEXING: PART OF LOT NO. 23 OF HOLLIS SUBDIVISION ON SECTION 31,
TOWNSHIP 4 SOUTH, RANGE 4 WEST, ACCORDING TO PLAT OF SAID SUBDIVISION
RECORDED IN PLAT FILE NO. 505B OF THE RECORDS OF THE CLERK OF THE
CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI, SAID PART MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a 3/4 inch pipe found at the Northwest Corner of
said Lot No. 23, said point being on the South right of way of a public
road, said point being the POINT OF BEGINNING; thence North 36 degrees
30 minutes 26 seconds East 291.50 feet along said right of way to a 1/2
inch re-bar set; thence South 53 degrees 00 minutes 00 seconds, 650.47
feet to a 1/2 inch re-bar set; thence South 5 degrees 49 minutes 59
seconds East 397.48 feet, along a fence line to a 1/2 inch re-bar
found; thence 53 degrees 00 minutes 00 seconds West 918.20 feet to the
POINT OF BEGINNING.
The warranty herein is subject to easements of public roads
and utilities, including an easement to Home Telephone Company (Book
196, Page 651), restrictions and covenants of Hollis Farms Subdivision.
Also subject to Marshall County Subdivision and Zoning
Regulations.
Property address: 375 Mill Wright Road, Holly Springs, MS 38635
At the time of this publication, a search of the public
records reveals no tax liens filed by the United States or the State of
Mississippi. The sale of the property described in said Deed of Trust
shall be subject to any and all instrument of record, prior liens,
encumbrances, deeds of trust, easements, restrictions, building liens,
unpaid taxes, assessments, penalties, and interest, if
any. The title is believed to be good, but the
Trustee will convey and sell only such title as is vested in her as
Trustee.
The right is reserved to adjourn the day of the sale to another day or
time certain without further publication, upon announced at the time
for the above.
WITNESS MY SIGNATURE, this the 25th day of September, 2007.
JENNIFER L. SHACKELFORD,
SUBSTITUTED TRUSTEE
(40-43c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
WHEREAS, on April 30, 2004, Terry Smith a/k/a Terry Tyrone
Smith and Rekeasha Shanell Smith executed and delivered a certain Deed
of Trust unto Professional Services, Trustee for the benefit of New
Century Mortgage Corporation, 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 354, Page 399;
and
WHEREAS, said Deed of Trust was subsequently assigned unto
DEUTSCHE BANK NATIONAL TRUST COMPANY, TRUSTEE FOR MORGAN STANLEY
MORTGAGE ABS CAPITAL 1 INC. TRUST 2004-HE7, by instrument recorded in
the Office of the aforesaid Chancery Clerk in Book 92, Page 729; 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 446, Page 91-96; 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 11,
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 27, Westlake Village Subdivision located in the Northeast
quarter of Section 31, Township 3 South, Range 2 West in the City of
Holly Springs Marshall County, Mississippi; being more particularly
described as follows:
Lot 27, as shown on Plat No. 868A of the Westlake Village
Subdivision, according to the plat thereof on file in the office of the
Chancery Clerk of Marshall County, Mississippi, plat of which was
prepared by Elliot and Britt Engineering, Larry L. Britt,
Registered Surveyor, No. PLS #2078, PE #7193, dated April 17, 2000,
reference to which plat is hereby made in aid of this description.
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
28th day of September, 2007
LaSheka Payne
LaSheka Payne, Member
Morris, Schneider & Prior, L.L.C.
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181 ext 1120
0622236MS
PUBLISH: 10/4/07, 10/11/07 and 10/18/07
(40-42c)
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 May 23, 2003
executed by Stephanie K. Smith and Shane Smith, unto Jennifer L.
Shackelford 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 330 pages 603-609.
Deed of Trust dated April 7, 2005 executed by Stephanie K.
Smith and Shane Smith, unto Jennifer L. Shackelford 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 380 pages
13-19.
The undersigned was appointed as Substitute Trustee
by instrument dated September 24, 2007 recorded in Land Deed
of Trust Book 447 page 715 all in the 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 26, 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 located in the Northeast Quarter of Section 7, Township
5 South, Range 2 West, Marshall County, Mississippi and being more
particularly described as follows, to-wit:
Beginning at a 1/2" rebar found at the Southeast corner of the
Northeast Quarter of Section 7, Township 5 South, Range 2 West,
Marshall County, Mississippi thence South 89 degrees 24 minutes 36
seconds West 1446.66 feet to a point, thence North 39 degrees 20
minutes 19 seconds East 168.89 feet to a point, thence North 65 degrees
16 minutes 10 seconds East 183.07 feet to a point, thence North 04
degrees 26 minutes 36 seconds West 229.88 feet to a point on the
centerline of Smith public road; thence along the centerline of said
road the following calls: North 71 degrees 27 minutes 35 seconds East
39.33 feet to a point; North 81 degrees 24 minutes 00 seconds East
49.70 feet to a point; South 84 degrees 05 seconds 06 seconds East
44.96 feet to a point; South 74 degrees 35 minutes 11 seconds East
47.86 feet to a point; South 70 degrees 10 minutes 51 seconds East
167.62 feet to a point; thence South 00 degrees 08 minutes 18 seconds
East leaving the centerline of Smith public road 302.40 feet to a
point; thence South 89 degrees 47 minutes 34 seconds East 148.77 feet
to a point in a ditch; thence along said ditch the following calls:
North 84 degrees 39 minutes 42 seconds East 12.58 feet to a point;
South 81 degrees 26 minutes 21 seconds East 106.03 feet to a point;
North 55 degrees 22 minutes 05 seconds East 57.29 feet to a point;
South 80 degrees 39 minutes 15 seconds East 46.88 feet to a point;
North 64 degrees 55 minutes 47 seconds East 121.52 feet to a point;
North 75 degrees 20 minutes 06 seconds East 51.54 feet to a point;
North 58 degrees 38 minutes 02 seconds East 46.42 feet to a point;
North 73 degrees 54 minutes 27 seconds East 90.17 feet to a point;
South 84 degrees 19 minutes 45 seconds East 78.25 feet to a point;
South 49 degrees 00 minutes 00 seconds East 22.09 feet to a point;
South 88 degrees 36 minutes 32 seconds East 100.74 feet to a point;
South 52 degrees 26 minutes 50 seconds East 15.73 feet to a point;
thence South 00 degrees 41 minutes 44 seconds East leaving said ditch
154.10 feet to the point of beginning. Said tract containing 6.288
acres more or less. Subject to Marshall County Zoning and Subdivision
Regulations. Subject to all road and utility row and easements of
record. All according to that survey of Perry D. Young PLS No
2665 dated 14 April 1996.
SOURCE DEED: This is the same land and property as conveyed to
Shane Smith and wife, Stephanie Smith as tenants by the entirety with
full rights of survivorship and not as tenants in common by Warranty
Deed from William “Bill” Dudley Smith dated April
18, 1996 and recorded in Land Deed Book 273 page 438 on April 26, 1996
at 9:06 a.m. in the office of the Chancery Clerk of Marshall County,
Mississippi.
SUBJECT TO: Rights of way and easements for public road and
utilities, specifically that easement from Mrs. Grady Smith to
Northeast Mississippi Electric Power Association, dated August 22, 1980
and recorded in Book 179 at page 171 in the office of the Chancery
Clerk of Marshall County, Mississippi.
SUBJECT TO: Laws, ordinances and regulations which govern the
use and occupancy of this land enacted by the United States of America,
the State of Mississippi and its political subdivisions, and
particularly including the subdivision regulations and zoning
ordinances adopted by ordinances of the Board of Supervisors of
Marshall County, Mississippi none of which render title unmarketable.
The purchaser will be required to pay the full amount of his bid in
cash at the time of the sale. I will sell and convey only
such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE on this the 1st day of October, 2007.
William F. Schneller, Substitute Trustee
Publishing Dates: October 4, 11, 18, 25, 2007
(40-43c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
WHEREAS, on November 30, 1998, Thomas A. Sumner and Janice F.
Sumner executed and delivered a certain Deed of Trust unto Advanta
Nominee Services, Inc., Trustee for the benefit of Advanta National
Bank, 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 244, Page 424; and
WHEREAS, said Deed of Trust was subsequently assigned unto
Chase Home Finance LLC, by instrument recorded in the Office of the
aforesaid Chancery Clerk in Book 93, Page 575; 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 444, Page 829; 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 25,
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:
The following described real estate lying and being situate in
Marshall County, Mississippi, to-wit:
Lot number 64, 65, and 66 of Cayce Acres Subdivision,
containing 9.14 acres, being in Section 11, Township 2 South, Range 4
West, Marshall County, Mississippi. A plat of said subdivision being of
record in the office of the Chancery Clerk of said County in Plat Files
922 A and B.
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
27th 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 1525
0716075MS
PUBLISH: 10/04/07, 10/11/07, 10/18/07
(40-42c)
IN THE MATTER OF LEVYING COUNTY AND AD
VALOREM TAXES FOR THE CURRENT
FISCAL YEAR 2007-2008 INCLUDING ROAD
DISTRICT AND ANY OTHER TAXING DISTRICTS
There came on for hearing and consideration by the Board of
Supervisors of Marshall County on this the 14th day of September, 2007,
the matter of levying the ad valorem taxes for the fiscal year
2007–2008 on assessments of property as of January 1, 2007,
for the County, the Road District, the School District, and for all
other taxing districts, and fixing the tax rate of levy for the county
and the districts, as stated in accordance with the provisions of
Section 27-39-217, Mississippi Code of 1972, and other laws relative to
said matter; and the Board having fully considered the needs and
requirements of the various funds of the county and of the districts
and the rates of levying which are required to produce the revenue
necessary to meet the budget as made fixed and heretofore approved by
this Board as required by law and it having been ascertained that the
maintenance levy for the county wide school district is supported by
proper and necessary petition as required by law; and it appearing that
the tax rate of levies for the county wide and several county purposes,
the road district, the school district, and other taxing districts are
necessary in order to raise the funds required to meet the expenses of
the county, and of said taxing districts for said fiscal year.
IT IS THEREFORE, ORDERED AND ADJUDGED BY THE BOARD OF
SUPERVISORS OF MARSHALL COUNTY, MISSISSIPPI that the following ad
valorem tax rates or levies be and the same are hereby imposed and
levied for the fiscal year 2007-2008 upon the assessed value of all
taxable property in Marshall County, State of Mississippi, and in
respective road districts, school districts, and all other taxing
districts in Marshall County as the property is now assessed and listed
or as may hereinafter be assessed and listed upon the assessment rolls
of said county as of January 1, 2007 (except the exempt assessed values
of homes to be exempt by “The Homestead Exemption Act of
1946”), and said expressed rates in mills or in decimal
fraction of a mill being levied and imposed upon each dollar of
assessed valuation appearing upon the assessment rolls of said County
as aforesaid for the following funds or purposes; and, when the money
is collected it shall be credited to the respective funds as provided
by law.
SECTION 1. There is hereby levied upon each dollar
of assessed value in the County for county-wide purposes, as follows:
FOR GENERAL PURPOSES (current expenses and maintenance) as
authorized by Sections 27-39-303, 41-19-39, 39-3-35, 43-31-15, 17-1-37,
19-9-97, 27-39-325, 27-1-32, 41-13-25, 41-59-59, 43-21-45, 35-3-21,
19-9-109, 19-9-113, in accordance with the Mississippi Code of 1972, as
amended 48.78
FOR ANY PURPOSE, as authorized by Section 27-39-329 (2) (b),
Mississippi Code of 1972, as amended
1.00
FOR THE PURPOSE OF THE LEASE–PURCHASE OF THE
MARSHALL COUNTY FAIRGROUNDS PROPERTIES, pursuant to SENATE BILL 3146
and a LEASE PURCHASE AGREEMENT entered into between the MARSHALL COUNTY
FAIR ASSOCIATION, INC. AND THE MARSHALL COUNTY BOARD OF SUPERVISORS on
May 12, 1997 84
FOR THE SUPPORT OF NORTHWEST MISSISSIPPI JUNIOR COLLEGE, as
authorized by Section 37-29-141
1.62
FOR THE ENLARGEMENT AND IMPROVEMENT OF NORTHWEST MISSISSIPPI
JUNIOR COLLEGE, as authorized by Section 37-29-141
1.62
FOR THE MAINTENANCE AND/OR CONSTRUCTION OF ROADS AND BRIDGES,
as authorized by Section 27-39-305 29.43
FOR FIRE PROTECTION, as authorized by Section 83-1-39 (4) (d),
a levy on all county property; however, excluding all taxable
properties located within the incorporated limits of the City of Holly
Springs
1.79
SECTION 2. There is hereby levied on all timbered
and uncultivated land in the county a special tax to be known as
“The Forest Acreage Tax” in the amount of nine
cents ($0.09) per acre on each of such timbered and uncultivated land,
as authorized by Section 49-19-115
.09
There is hereby levied upon each dollar of assessed valuation
of taxable property in the Marshall County School District for
supplementing teachers’ salaries, extending school terms,
purchasing furniture, supplies and materials, and all other lawful
operating and incidental expenses of said school district funds for
which are not provided by minimum program fund allotments, as
authorized by Section 37-57-105, as follows:
MARSHALL COUNTY SCHOOL DISTRICT
28.42
(All taxable property within the Municipal Separate School
District is exempt from these levies, as provided in the said acts).
SECTION 3. There is hereby levied and imposed upon
each dollar of assessed valuation of taxable property in the General
County, Road & Bridge District, and School District named below
for bonds, notes, interest, and note obligations, as follows:
MARSHALL COUNTY SCHOOL DISTRICT DEBT
.3.40
NEW MARSHALL COUNTY JAIL BONDS
2.05
SECTION 4. There is hereby levied on all industries
granted an ad valorem tax exemption, from and after the 14th day of
April, 1999 two (2) mills for Police Protection and two (2) mills for
Fire Protection. This being authorized by House Bill No.
1727, dated April 14, 1999, under Section 27-31-101, Mississippi Code
of 1972, as amended.
INDUSTRIES GRANTED ADVALOREM EXEMPTIONS AFTER April 14, 1999:
FIRE PROTECTION
.2.00
POLICE PROTECTION
.2.00
SECTION 5. There is hereby levied on the following
Drainage Districts on assessed benefits, as follows:
NORTHWEST MISSISSIPPI CONSOLIDATED DISTRICT OF MARSHALL, TATE,
AND DESOTO COUNTIES, as authorized by Section 51-29-157
3.5%
TIPPAH RIVER TRI-COUNTY DRAINAGE DISTRICT
1.0%
OAKLIMITER DRAINAGE DISTRICT OF BENTON AND MARSHALL COUNTIES,
as authorized by Section 51-3-163 1.0%
SECTION 6. It is further ordered by the Board of
Supervisors that all ad valorem taxes hereby levied and empowered are
fixed within the limits as stated in Chapter 30, Title 27 of the
Mississippi Code of 1972, as amended, the general county taxes being
governed by Section 27-39-317, Mississippi Code of 1972, and the school
district taxes by Title 37 of the Mississippi Code of 1972, as amended.
SECTION 7. It is further ordered that all monies
received and collected by the Tax Assessor and Collector and paid by
him to the proper fund according to the provision of the order shall be
credited to the designated fund by the County Auditor, in accord with
the budget as heretofore adopted by this Board, and shall be expended
in the manner and for the purpose set forth in said budget and for no
other reason.
SECTION 8. It is further ordered that the Clerk of
the Board of Supervisors be and is hereby expressly directed to comply
with all of the requirements of law prescribed by Title 27 of the
Mississippi Code of 1972, as amended, relating to the certification of
the ad valorem rates or levies heretofore made and fixed.
So ordered this the 14th day of September, 2007.
Eddie D. Dixon, President
Marshall County Board of Supervisors
ATTEST:
C. W. “Chuck” Thomas, Clerk of Board of
Supervisors
of Marshall County, Mississippi
(40c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
TRUSTEE’S NOTICE OF SALE
Whereas, on the 3rd day of March, 2007, Samuel Thornton
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 439 on pages 758-759.
WHERAS, 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 26th 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:
Beginning at a pk nail, set at the N.E. corner of Section 36, T4S, R2W,
said point being the centerline of Ms. Hwy 178; thence West 382.06
feet; thence North 46.67 feet to a rebar set; said point being the
point of beginning; thence S 89’00” W, 174.50 feet
along the north r/w of said highway to a rebar set; thence N 0 degrees
30’00”W, 149.29’ to a rebar set; thence N
89 degrees 15’55”, 174.50’ to a rebar;
thence S 0 degrees 30’04” E 150’ to the
point of beginning. Said tract containing .6 acres, more or less.
I will convey only such interest as held by trustee.
Witness my signature this the 25th of September, 2007.
Tanya Peters
Tanya Peters
Publishing Dates:
10-4-2007, 10-11-2007, 10-18-2007, 10-25-2007
(40-43c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE
OF GEORGE WASHINGTON WOODDY
Deceased
Cause No. 07-0504-A
NOTICE TO CREDITORS
LETTERS TESTAMENTARY were granted to James A. Wooddy by the
Chancery Court of Marshall County, Mississippi in Cause No. 07-0504-A
on October 1st, 2007. Notice is hereby given by me as Executor of the
Estate of George Washington Wooddy, Deceased, to all persons having
claim(s) against said Estate to present them to the Chancery Clerk of
Marshall County, Mississippi, for probate and registration within
ninety (90) days from this date or they will be forever barred.
WITNESS my signature this the 1st day of October, 2007.
James A Wooddy
JAMES A. WOODDY, Executor
(40-42c)