Thursday, October 11, 2007
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Thursday, October 11, 2007 |
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Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | Photo Gallery |
Legal NoticesNOTICE 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:
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:
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.
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)
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)
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:
PROPERTY ALSO KNOWN AS: 97 Jon Oaks Drive, Red Banks, MS 38661 PARCEL NUMBER: 129-32-27
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)
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 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.
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)
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:
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.
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:
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.
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:
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.
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.
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:
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.
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.
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:
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) |
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