Legal Notices
The Marshall County Planning Commission will meet for their
regularly scheduled meeting on Thursday, June 12, 2008, at 2:00 p.m. in
the Zoning Office at 590 Old Highway 78-East, Holly Springs,
Mississippi. The public is invited to attend.
The following requests will be on the agenda:
ITEM 1: Mr. and Mrs. Charles Reid at 280 Mayse Road request to
be allowed to place a second dwelling (single wide mobile home) on
their property for their daughter, Lavonda and her three (3) children.
This request is being made because Mr. and Mrs. Reid want their
daughter close by them in order to help them care for her and her
children due to her medical problems.
ITEM 2: Mr. Wallace Young requests to be allowed to place a
second dwelling (double wide mobile home) on his property located at
318 Meadowview Circle for his mother. This request is being made
because Mr. Young wants his mother close by him in order to care for
her due to her health. The property in question is Lot #24 of Victoria
Village Subdivision, Phase I, contains 3.13 acres and is zoned R-2.
TABLED FROM LAST MONTH MEETING (MAY 8, 2008).
ITEM 3. Mr. Stephen John Carter at 349 Garfield Road requests
to be allowed to place a second dwelling (double wide mobile home) on
his property for his brother, Michael and his family. This request is
being made because Mr. Carter’s brother has currently been
serving in Iraq. The property in question contains 1.563 acres and is
zoned R-2.
ITEM 4: Rezoning Hearing at 3:00 p.m., for Mitchell Norman on
property located along 178 and Rabbit Ridge Road to be rezoned from
Agricultural-Residential to C-1 (Commercial).
ITEM 5: Rezoning Hearing at 3:00 p.m., for Joseph Houck on
property located on Highway 178, Red Banks, to be rezoned from R-E to
C-1 (Commercial).
(21c)
NOTICE OF BID
The Rust College Community Development Corporation will be
accepting bids on the demolition of four (4) structures located at Lot
#44, Parcel #89P-31-101 (130 Martin Street, Holly Springs, MS 38635);
Lot 44, Parcel #89 P-31-106.2 (140 B Martin Street, Holly Springs, MS
38635); One (1) structure located at 170 Martin Street, Holly Springs,
MS 38635; and one (1) structure located at 180 Martin Street, Holly
Springs, MS 38635.
Sealed bids may be submitted to Rust College Community
Development Corporation at its office located in the David Beckley
Conference Center on Rust Avenue, across from the gates to Rust College
in Holly Springs, MS.
Name, address, and phone number of the bidder should be on all
bids. Performance bond should be included in bid package.
Bids will be accepted on Thursday, May 29, 2008 until 5:00
p.m. at he office of Rust College Community Development Corporation, in
the David Beckley Conference Center. Bids will be opened at 12 noon on
Friday, May 30, 2008.
For more information, contact Clencie L. Cotton or Genevieve
Conley at 662-2582-4590, Monday through Friday between the hours of
8:00 a.m. and 5:00 p.m.
**Rust College Community Development Corporation reserves the
right to refuse/reject any or all bids.**
(21c)
NOTICE OF PUBLIC HEARING
REZONE A-R TO C-1
The Marshall County Planning Commission will hold a public
hearing during their regular scheduled meeting on Thursday, June 12,
2008, at the Marshall County Zoning and Planning Office at 590 Highway
178 East, Holly Springs, Mississippi. The Commission will hear a
rezoning request from Mitchell Norman to rezone his property of 2.61
acres from A-R (Agricultural Residential) to C-1 (Commercial 1). The
property (203-5-12.04 & 12.05) is located along Highway 178
West and also on Rabbit Ridge Road. The Commission will make a
recommendation to the Marshall County Board of Supervisors in regard to
rezoning (the actual decision to rezone is a decision that is made by
the Board of Supervisors). The public is cordially invited. Any person
may appear before the Commission either in person or by agent, or may
file written comments regarding the request with the Administrative
Official prior to the hearing. Written comments should be submitted no
later than June 11, 2008 (Marshall County Zoning, P.O. Box 219, Holly
Springs, MS 38635). The Planning Commission meeting will be held at
2:00 P.M. and the rezoning hearing will be at 3:00 P.M. For further
information you may call 662-252-3663 or visit the Marshall County
Zoning Office.
A tract of land (Parcel #203-5-12.04) located in the North 1/2
of the Northwest Quarter of Section 5, Township 3 South, Range 4 West,
Marshall County, Mississippi, and being more particularly described as
follows, to-wit: Commence at a 1/2” re-bar found and accepted
as the Northwest Corner of Section 5, Township 3 South, Range 4 West,
Marshall County, Mississippi; run thence South 230.76 feet to a point;
run thence East 596.78 feet to a 1/2” re-bar set on the North
right-of-way of Mississippi Highway Number 178; said point being the
Point of Beginning; run thence North 16 degrees 37 minutes 10 seconds
East 244.36 feet to a 1/2” re-bar set in Rabbit Ridge Road;
run thence North 89 degrees 42 minutes 31 seconds East 318.63 feet to a
1/2” re-bar set in a ditch; run thence along said ditch South
20 degrees 23 minutes 09 seconds West 103.29 feet to a 1/2”
re-bar set; run thence North 61 degrees 29 minutes 00seconds West
leaving said ditch 21.24 feet to a 1/2” re-bar found; run
thence South 28 degrees 31 minutes 00 seconds West 79.22 feet to a
1/2” re-bar set in a ditch; run thence along said ditch the
following calls: South 49 degrees 15 minutes 57 seconds West 38.74 feet
to a 1/2” re-bar set: South 70 degrees 09 minutes 11 seconds
West 114.91 feet to a 1/2 re-bar set; South 73 degrees 52 seconds West
109.94 feet to a 1/2” re-bar set; South 73 degrees 52 minutes
10 seconds West 109.94 feet to a 1/2” re-bar set; South 46
degrees 44 minutes 31 seconds West 12.43 feet to a 1/2”
re-bar set on the North right-of-way of Mississippi Highway Number 178;
run thence North 61 degrees 29 minutes 00 seconds West leaving said
ditch along North right-of-way of said highway 50.00 feet to the Point
of Beginning. Said tract containing 1.48 acres, more or less.
A tract of land (Parcel #203-5-12.05) located in the North 1/2
of the Northwest Quarter of Section 5, Township 3 South, Range 4 West,
Marshall County, Mississippi and being more particularly described as
follows, to-wit: Commence at a 1/2” re-bar found and accepted
as the Northwest Corner of Section 5, Township 3 South, range 4 West,
Marshall County, Mississippi; run thence South 230.76 feet to a point
run thence East 596.78 feet to a 1/2” re-bar set on the North
right-of-way of Mississippi Highway Number 178; said point being the
Point of Beginning; run thence along the North right-of-way of said
highway the following calls: North 61 degrees 29 minutes 00 seconds
West 294.88 feet to a 1/2” re-bar found; North 28 degrees 31
minutes 00 seconds East 81.84 feet to a concrete right-of-way marker
found; North 79 degrees 59 minutes 27 seconds West 111.77 feet to a
1/2” re-bar found in Rabbit Ridge Road; run thence North 89
degrees 42 minutes 31 seconds East leaving the North right-of-way of
Mississippi Highway Number 178 for a distance of 400.00 feet to a 1/2
re-bar set; run thence South 16 degrees 37 minutes 10 seconds West
leaving Rabbit Ridge Road 244.36 feet to the Point of Beginning. Said
tract containing 1.13 acres more or less.
(21c)
NOTICE OF PUBLIC HEARING
REZONE R-E TO C-1
The Marshall County Planning Commission will hold a public
hearing during their regular scheduled meeting on Thursday, June 12,
2008, at the Marshall County Zoning and Planning Office at 590 Highway
178 East, Holly Springs, Mississippi. The Commission will hear a
rezoning request from Houck Investments (Joe Houck & Susan
Scott) to rezone 3.33 from RE to C-1 (Commercial 1). The property
(146-18-16, Lot 3 of Garland Subdivision) is located along Highway 178
West (next to Boots and Spurs). The Commission will make a
recommendation to the Marshall County Board of Supervisors in regard to
rezoning (the actual decision to rezone is a decision that is made by
the Board of Supervisors.) The public is cordially invited. Any person
may appear before the Commission either in person or by agent, or may
file written comments regarding the request with the Administrative
Official prior to the hearing. Written comments should be submitted no
later than June 11, 2008 (Marshall County Zoning, P.O. Box 219, Holly
Springs, MS 38635). The Planning Commission meeting will be held at
2:00 P.M. and the rezoning hearing will be at 3:00 P.M. For further
information you may call 662-252-3663 or visit the Marshall County
Zoning Office.
A 3.33 acre tract in the Northwest quarter of Section 18,
T-3-S, R-3-W, Marshall County, Mississippi, being part of Lot 3 of the
Garland Subdivision as recorded in Plat File 209A in the Marshall
County Chancery Clerk’s Office and also being part of the
David A. Houck tract as recorded in Land Deed Book 327, page 523 and
also being more particularly described as follows: Beginning at a point
that is N04d30’w a distance of 115.0’ from the
Southwest corner of Lot 3 of the Garland Subdivision in the Northwest
Quarter of Section 18, T-3-S, R-3-W as recorded in Plat File 209A in
the Marshall County Mississippi, Chancery Clerk’s Office,
said point also being S41d53’39”E a distance of
1770.65’ from a Railroad Spike (found) at the Northwest
corner of said Section 18; thence N04d30’17W along the west
line of said Lot 3 a distance of 237.0’ to a 3/8”
rebar (found); thence S85d24’15”W along the west
line of said Lot 3 a distance of 288.7’ to a 3/4" pipe
(found); thence N06d14’17”W along the west line of
said Lot 3 passing a 3/8” rebar (found) at 275.4’
and continuing a distance of 306.0’ to the Northwest corner
of said Lot 3; thence S82d58’07”E along the North
line of said Lot 3 a distance of 435.44’ to a 3/8”
rebar (found); thence S05d38’19”E along the East
line of said Lot 3 a distance of 486.37’ to a point; thence
N81d53’18W a distance of 141.73’ to the point of
beginning containing 145,057.25 square feet or 3.33 acres.
(21c)
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
WHEREAS, on July 10, 2002, Darryle Redding married Laverne
Redding, f/k/a Laverne Moore, executed a certain deed of trust to
Equity Title and Escrow Company of Memphis, LLC, Trustee for the
benefit of Mortgage Electronic Registration Systems, Inc., which deed
of trust is of record in the office of the Chancery Clerk of Marshall
County, State of Mississippi in Book 309 at Page 495 and re-recorded in
Book 364 at Page 280and re-recorded in Book 373 at Page 291; and
WHEREAS, said Deed of Trust was subsequently assigned to JP
Morgan Chase Bank, National Association F/K/A JP Morgan Chase Bank,
successor by merger to Bank One, National Association, as Trustee, by
instrument dated December 6, 2006 and recorded in Book 92 at Page 703
of the aforesaid Chancery Clerk's office; and
WHEREAS, JP Morgan Chase Bank, National Association F/K/A JP
Morgan Chase Bank, successor by merger to Bank One, National
Association, as Trustee, has heretofore substituted J. Gary Massey as
Trustee by instrument dated May 1, 2008 and recorded in the aforesaid
Chancery Clerk's Office as Instrument #2008002606; 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, JP Morgan Chase Bank, National Association F/K/A JP
Morgan Chase Bank, successor by merger to Bank One, National
Association, as Trustee, the legal holder of said indebtedness, having
requested the undersigned Substituted Trustee to execute the trust and
sell said land and property in accordance with the terms of said deed
of trust and for the purpose of raising the sums due thereunder,
together with attorney's fees, trustee's fees and expense of sale.
NOW, THEREFORE, I, J. Gary Massey, Substituted Trustee in said
deed of trust, will on June 12, 2008 offer for sale at public outcry
and sell within legal hours (being between the hours of 11:00 a.m. and
4:00 p.m.), at the South Door of the County Courthouse of Marshall
County, located at Holly Springs, Mississippi, to the highest and best
bidder for cash the following described property situated in Marshall
County, State of Mississippi, to-wit:
A tract of land located in the West 1/2 of the Northeast Quarter of the
Northwest Quarter of Section 35, Township 2 South, Range 4 West,
Marshall County, Mississippi.
Commence at a buggy axle found and accepted as the Southeast
Corner of the Northeast Quarter of the Northwest Quarter of Section 35,
Township 2 South, Range 4 West, Marshall County, Mississippi, run
thence North 1303.65 feet to a point; run thence West 1135.50 feet to a
point in the centerline of Moore Road; said point being the POINT OF
BEGINNING; run thence South 00 17' 23" West 544.63 feet to 1/2" rebar
set; run thence South 89 06' 43" West 200.00 feet to a 1/2" rebar set;
run thence North 00 17' 23" East 544.63 feet to a point in the
centerline of Moore Road; run thence North 89 06' 43" East along the
centerline of Moore Road 200.00 feet to the POINT OF BEGINNING.
Said tract containing 2.500 acres more or less.
Subject to Marshall County Zoning and Subdivision Regulations.
Subject to all road and utility row and easements of record.
Being the same property conveyed to Laverne Moore by Corrected
Warranty Deed recorded in Book 323, Page 646 in the Clerk's Office,
Marshall County, Mississippi.
I WILL CONVEY only such title as vested in me as Substituted Trustee.
WITNESS MY SIGNATURE on this 16th day of May, 2008.
J. Gary Massey
SUBSTITUTED TRUSTEE
Shapiro & Massey, L.L.P.
1910 Lakeland Drive, Suite B
Jackson, MS 39216
(601)981-9299
2701 Moore Rd.
Red Banks, MS 38661
06-1703GW
Publication Dates: May 22, May 29, and June 5, 2008
(21-23c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
WHEREAS, on September 9, 2005, Howard Van Johnson and Lynne M.
Johnson executed a Deed of Trust to Thomas F. Vetters as Trustee for
the benefit of Mortgage Electronic Registration Systems, Inc. as
Nominee for Homestead Mortgage, LLC, which Deed of Trust was recorded
in Book 391, Page 244 in the Office of the Chancery Clerk of Marshall
County, Mississippi; and
WHEREAS, Mortgage Electronic Registration Systems,
Inc. as Nominee for Homestead Mortgage, LLC assigned said Deed of Trust
to U.S. Bank National Association, as Trustee for the Specialty
Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed
Certificates Series 2006-BC1 pursuant to an instrument dated May 8,
2008 and recorded in Instrument No. 2008002821 in the Office of the
Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, US Bank, National Association as Trustee for the MLMI
SURF Trust Series 2006-BC1, the holder of said Deed of Trust and the
Note secured thereby, substituted Scot P. Goldsholl as Trustee in place
of the afore-mentioned original Trustee, as authorized by the terms
thereof, as evidenced by an instrument dated May 9, 2008, and recorded
in Instrument No. 2008002832 in the Office of the Chancery Clerk of
Marshall County, Mississippi; 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, and the legal holder of said
indebtedness, US Bank, National Association as Trustee for the MLMI
SURF Trust Series 2006-BC1, having requested the undersigned Substitute
Trustee to execute the trust and sell said land and property in
accordance with the terms of said Deed of Trust for the purpose of
raising the sums due thereunder, together with attorney's fees,
Substitute Trustee's fees and expenses of sale.
NOW, THEREFORE, I, Scot P. Goldsholl, Substitute Trustee, will
on June 12, 2008, offer for sale at public outcry to the highest bidder
for cash, within legal hours (between the hours of 11:00 a.m. and 4:00
p.m.) at the South door of the Marshall County Courthouse in Holly
Springs, Marshall County, Mississippi, the following-described property:
INDEXING:
The South Part of Lot Number 197 and the North Part of Lot
Number 198, located in Section 6, Township 4 South, Range 2 West, City
of Holly Springs, Mississippi, more particularly described as follows:
BEGINNING at a point 78 feet South of the Northwest corner of
said Lot 197 and on the West boundary
line of said Lot as Point of Beginning and running thence East parallel
with the North boundary line of said Lot 197 to the East
boundary line of said Lot 197; thence South along the Eastern boundary
line of said Lot 197 and 198, a distance of 88 feet to a stake; thence
West parallel with the North boundary
line of Lot No. 198 to a stake on the Western boundary line of said Lot
No. 198; thence North 88 feet to the
Point of Beginning. Said lot being by dimensions 88 feet
North and South and 132 feet East and West.
Title to the above described property is believed to be good,
but I will convey only such title as vested in me as Substitute Trustee.
WITNESS my signature on this 9th day of May, 2008.
Scot P. Goldsholl
Substitute Trustee
415 North McKinley, Suite 555
Little Rock, AR 72205
Telephone No. 501-661-1000
THIS DOCUMENT PREPARED BY:
DYKE, HENRY, GOLDSHOLL & WINZERLING, P.L.C.
415 North McKinley, Suite 555
Little Rock, Arkansas 72205
Telephone No. (501) 661-1000
DHGW No. 43180G-1
PUBLISH ON THESE DATES:
May 22, May 29, June 5, 2008
(21-23c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 14th day of February, 2007, Lavar Jeffries,
executed and delivered a certain Deed of Trust unto Lem Adams III,
Trustee for Mortgage Electronic Registration Systems, Inc.,
Beneficiary, to secure an indebtedness therein described, which Deed of
Trust is recorded in the office of the Chancery Clerk of Marshall
County, Mississippi in Book 432 at Page 248; and
WHEREAS, on the 5th day of October, 2007, Mortgage Electronic
Registration Systems, Inc., assigned said Deed of Trust unto Citigroup
Global Markets Realty Corp., by instrument recorded in the office of
the aforesaid Chancery Clerk in Book 96 at Page 255; and
WHEREAS, on the 5th day of October, 2007, the Holder of said
Deed of Trust substituted and appointed Emily Kaye Courteau as Trustee
in said Deed of Trust, by instrument recorded in the office of the
aforesaid Chancery Clerk in Book 449 at Page 339 and rerecorded in
Instrument # 2008002247; and
WHEREAS, default having been made in the payments of the
indebtedness secured by the said Deed of Trust, and the holder of said
Deed of Trust, having requested the undersigned so to do, on the 12th
day of June, 2008, I will during legal hours, at public outcry, offer
for sale and will sell, at the south door of the Marshall County
Courthouse at Holly Springs, Mississippi, for cash to the highest
bidder, the following described land and property situated in Marshall
County, Mississippi, to-wit:
LOT NO. 45, PHASE III OF WEST RIDGE VILLAGE SUBDIVISION, according to
Plat prepared by Larry L. Britt, PE 7193, final plat dated November 29,
2005, final plat approved and filed January 24, 2006 in Plat File No.
1030 A, in the office of the Chancery Clerk of Marshall County,
Mississippi, and being further located in the Southeast Quarter of
Section 30, Township 3 South, Range 2 West, Marshall County,
Mississippi.
I will only convey such title as is vested in me as Substitute
Trustee
WITNESS MY SIGNATURE, this day May 16, 2008
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sdr/F07-2124
PUBLISH: 5-22-08 / 5-29-08 / 6-5-08
(21-23c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN RE: THE MATTER OF THE ESTATE
OF EDWARD L. GUESS, JR.,
DECEASED
CHARLENE G. YARBROUGH AND
JANICE G. IVIE,
CO-EXECUTRICES
CAUSE NO. 08-0251-R
NOTICE TO CREDITORS
Letters Testamentary having been issued to the undersigned by
the Chancery Court of Marshall County, Mississippi on the 15th day of
May, 2008, as Co-Executrices of the Estate of Edward L. Guess, Jr.,
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 15th day of May, 2008.
/S/ CHARLENE G. YARBROUGH, CO-EXECUTRIX
OF THE ESTATE OF EDWARD L. GUESS, JR.
/S/ JANICE G. IVIE, CO-EXECUTRIX OF THE
ESTATE OF EDWARD L. GUESS, JR.
/S/ J. KIZER JONES
ATTORNEY AT LAW
POST OFFICE BOX 117
HOLLY SPRINGS, MISSISSIPPI 38635
PHONE: 662-252-3788
(21-23c)
A 2005 Ford Taurus SE, VIN 3FASP13J1SR202952, will be sold at
auction on June 2, 2008 if repairs/storage fees are not paid in full.
Fosters Color Perfect
Red Banks, MS
(21-23c)
Substitute Trustee’s Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 18th day of December, 2003, Norma Bradley aka
Norma L Bradley, an Unmarried Person, executed and delivered a certain
Deed of Trust unto Diane Slack and Todd Goodhart, Trustee for Mortgage
Electronic Registration Systems, Inc., Beneficiary, to secure an
indebtedness therein described, which Deed of Trust is recorded in the
office of the Chancery Clerk of Marshall County, Mississippi in Book
344 at Page 814; and
WHEREAS, on the 8th day of January, 2006, Mortgage Electronic
Registration Systems, Inc. as nominee for Fieldstone Mortgage Company,
assigned said Deed of Trust unto LaSalle Bank National Association, as
Trustee under the Trust Agreement for the Structured Asset Investment
Loan Trust Series 2004-3, by instrument recorded in the office of the
aforesaid Chancery Clerk in Book 91 at Page 297; and
WHEREAS, on the 11th day of August, 2006, the Holder of said
Deed of Trust substituted and appointed Emily Kaye Courteau as Trustee
in said Deed of Trust, by instrument recorded in the office of the
aforesaid Chancery Clerk in Book 417 at Page 241;and
WHEREAS, default having been made in the payments of the
indebtedness secured by the said Deed of Trust, and the holder of said
Deed of Trust, having requested the undersigned so to do, on the 12th
day of June, 2008, I will during legal hours, at public outcry, offer
for sale and will sell, at the south door of the Marshall County
Courthouse at Holly Springs, Mississippi, for cash to the highest
bidder, the following described land and property situated in Marshall
County, Mississippi, to-wit:
Commence at a 2 inch pipe found at the Southeast corner of the
Southeast Quarter of Section 29, Township 5 South, Range 1 West,
Marshall County, Mississippi; thence with painted red line run West for
461.6 feet to a steel post at the POINT OF BEGINNING for herein
described parcel; thence continue West for 380.4 feet to a point on the
East side of the Dan Barber Public Road, 20.0 feet from centerline;
thence with said road run North 22 degrees 30 minutes West for 217.1
feet; thence run North 15 degrees 30 minutes West for 202.5 feet;
thence run North 17 degrees 45 minutes West for 110.5 feet to a steel
post, 20.0 feet from centerline; thence leaving said road and down wood
fence run North 77 degrees 30 minutes East for 170.0 feet to a fence
corner; thence with said fence run South 17 degrees 30 minutes East for
29.0 feet; thence leaving said fence run South 89 degrees 05 minutes
East for 281.0 feet to a steel post; thence run South 10 degrees 30
minutes East for 514.9 feet to the POINT OF BEGINNING, containing 5.0
acres, more or less.
All according to survey by Edward Overall, MLS # 1588 dated
September 29, 2003.
I will only convey such title as is vested in me as Substitute Trustee
WITNESS MY SIGNATURE, this day May 13, 2008
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
cls/F06-0003
PUBLISH: 05-22-08/05-29-08/06-05-08
(21-23c)
NOTICE OF TRUSTEE'S SALE OF LAND
Under and by virtue of the authority vested in me as
Trustee in that certain Deed of Trust dated March 16, 2007 executed by
Barbara J. Bradley, 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 435 pages 294-300 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, June 13, 2008 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:
TRACT I: (251 Lakeside Drive) Lot No 35 of Holly Springs Lake Estates
Subdivision of Section 36, Township 4 South, Range 2 West, according to
plats of said subdivision recorded in Plat Files No. 72 A&B
through 77 A&B of the records of the Clerk of the Chancery
Court of Marshall County, Mississippi.
Source Deed: This is the same land and property as conveyed to
Brenda L. Downs by Warranty Deed dated June 21, 2000 and executed by
Lillian Gilzean recorded in Land Deed Book 311 pages 155-156 on July
24, 2000 at 11:17 a.m. in the office of the Chancery Clerk of Marshall
County, Mississippi.
TRACT II: (107 Hillside Drive) Lot No 379 of Holly
Springs Lake Estates Subdivision of Section 36, Township 4 South, Range
2 West, Marshall County, Mississippi a plat of subdivision being
recorded in Plat Files No. 72 A, 72B, 73A, 73B, 74A, 74B, 75A, 75B and
78 A.
Source Deed: This is the same land and property conveyed to
Jeanett White by Special Warranty Deed from Bank of Holly Springs a
Mississippi Banking Corporation dated March 18, 1999 and recorded in
Land Deed Book 299 page 262 on March 23, 1999 at 4:00 p.m. in the
office of the Chancery Clerk of Marshall County, Mississippi.
Together with all buildings, hereditaments and appurtenances
thereunto belonging specifically that mobile home described as 1974
Buccaneer 40x12 Serial No. 5337B and whose Certification of
Mobile Home as Real Estate is dated November 18, 1999 recorded in Land
Deed Book 306 page 188 on December 17, 1999 at 3:31 p.m. in the office
of the Chancery Clerk of Marshall County, Mississippi.
The purchaser will be required to pay the full amount of his
bid in cash at the time of the sale. I will sell and convey
only such title as is vested in me as Trustee.
WITNESS MY SIGNATURE on this the 20th day of May, 2008.
William F. Schneller, Trustee
Publishing Dates: May 22, 29, June 5, 12, 2008
(21-24c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
WHEREAS, on October 25, 2001, H. DAVID BOOKER and wife, MARLA
K. BOOKER, executed a Deed of Trust to William F. Schneller, Trustee,
for the benefit of Walter A. Utley Family Trust, which Deed of Trust is
filed for record in Book 291, at Page 828, in the office of the
Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, said Deed of Trust authorized the appointment and
substitution of another Trustee in the place of the Trustee named in
said Deed of Trust or subsequently substituted therein, and Walter A.
Utley Family Trust, appointed and substituted J. Kizer Jones as Trustee
therein, by instrument dated May 6, 2008, and duly filed for record May
8, 2008, at 3:05 P.M. in the office of the aforesaid Chancery Clerk as
Instrument No. 2008002678; 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, Walter A.
Utley Family Trust, 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,
Substituted Trustee's fees and expense of sale;
NOW, THEREFORE, I, J. Kizer Jones, Substituted Trustee in said
deed of trust, will on the 13th day of June, 2008, offer for sale at
public outcry for cash to the highest bidder, and sell within legal
hours (Being between the hours of 11:00 A.M. and 4:00 P.M.)
at the Front door of the County Courthouse at Holly Springs, County of
Marshall, State of Mississippi, the following described property
situated in the County of Marshall, State of Mississippi, to-wit:
15.89 acres of land located in the Southeast Quarter of section 21,
Township 2 South, Range 3 West, Marshall County, Mississippi, described
as follows: Commence at a concrete monument found at the Southeast
Corner of said Section 21; thence run North 89 degrees 46 minutes West
2144.05 feet to an iron rod found and the POINT OF BEGINNING; thence
run North 05 degrees 08 minutes 39 seconds West 1889.29 feet to an iron
rod found on the South boundary of a cul-de-sac (Pleasant Hill
Estates-Section B); thence continue along the South boundary of said
cul-de-sac 83.03 feet along the arc of a curve to the right, having a
delta of 95 degrees 08 minutes 39 seconds a radius of 50.00 feet and a
chord of North 47 degrees 34 minutes 19 seconds West 73.81 feet to an
iron rod found; thence West along the South boundary line of Lot #13 of
said Pleasant Hill Estate- Section B, 183.89 feet passing an iron rod
found at 50.0 feet on line, to an iron rod found; thence run along a
fence the following calls: South 01 degree 33 minutes 55 seconds West
314.26 feet to an iron rod found; South 01 degree 17 minutes 07 seconds
East 44.39 feet to an iron rod found; South 05 degrees 10 minutes 28
seconds East 76.09 feet to an iron rod found; South 03 degrees 31
minutes 33 seconds West 116.96 feet to an iron rod found; South 06
degrees 38 minutes 40 seconds East 35.98 feet to an iron rod found;
South 02 degrees 57 minutes 35 seconds West 101.35 feet to an iron rod
found; South 01 degree 51 minutes 45 seconds East 95.53 feet to an iron
rod found; South 04 degrees 23 minutes 47 seconds West 108.55 feet to
an iron rod found; South 09 degrees 23 minutes 42 seconds West 57.63
feet to an iron rod found; South 00 degrees 02 minutes 15 seconds West
44.24 feet to an iron rod found; South 09 degrees 07 minutes 43 seconds
West 366.48 feet to an iron rod found; South 00 degrees 38 minutes 16
seconds West 574.85 feet to an iron rod found; thence South 89 degrees
46 minutes East generally along a fence, 495.96 feet to the POINT OF
BEGINNING.
The land and property herein conveyed is further shown, described and
depicted upon that certain plat and survey of John Michael Akins,
Registered Land Surveyor, dated May 25, 2000.
I WILL CONVEY only such title as is vested in me as Substituted Trustee.
WITNESS MY SIGNATURE, this, the 15th day of May, 2008.
/S/ J. Kizer Jones
J. KIZER JONES, SUBSTITUTED TRUSTEE
PUBLISH: May 22, May 29, June 5 and June 12, 2008.
(21-24c)
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