Thursday,
October 23, 2008
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Thursday,
October 23, 2008 |
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Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | Photo Gallery |
Legal NoticesSTATE OF MISSISSIPPI COUNTY OF MARSHALL SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on October 19, 2006, MARGARET VASSER and COLEMAN VASSER executed a Deed of Trust to Michael L. Riddle, Trustee for Walter Mortgage Company, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 424, at Pages 640-653, in the office of the Chancery Clerk of Marshall County, Mississippi; AND WHEREAS, Walter Mortgage Company appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Instrument No. 2008005730, in the office of the Chancery Clerk aforesaid; AND WHEREAS, default having been made in the performance of the conditions and stipulations as set out in the above described Deed of Trust and the said Substituted Trustee having been requested and directed to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the Laws of the State of Mississippi, the dates for publication of this Substituted Trustee’s Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: October 23, October 30, November 6, and November 13, 2008. I will on the 14th day of November, 2008, offer for sale at public outcry and sell during legal hours between the hours of 11:00 A.M. and 4:00 P.M., at the main front door of the Marshall County Courthouse, Holly Springs, Mississippi, for cash to the highest and best bidder, the following described land and property, situated in Marshall County, Mississippi, to-wit:
Commence at a found 2" flat bar, said point being the Southeast Corner of said Section 4, thence North 295.7 feet and 3,331.8 feet West to a point in a ditch and the Point of Beginning; thence South 11 degrees 56 minutes 38 seconds East, along said ditch, a distance of 219.60 feet to a point; thence North 65 degrees 07 minutes 29 seconds West, along the North line of the Robinson and Fitch property recorded in Deed Book 310, Page 876, a distance of 420.04 feet (passing a found 1/2" inch rebar at 40 feet) to a found 1/2" rebar, said point being in the East line of the Howell property recorded in Deed Book 191, Page 225; thence North 18 degrees 26 minutes 23 seconds East, along said Howell property and the Robinson and Fitch property recorded in Deed Book 310, Page 523, a distance of 170.00 feet (passing a 1/2" pipe at 149.73 feet) to a point in a ditch; thence along said ditch the following calls: North 81 degrees 48 minutes 17 seconds East, a distance of 27.75 feet to a point; thence North 05 degrees 29 minutes 24 seconds East, a distance of 86.06 feet to a point; thence North 73 degrees 44 minutes 24 seconds East, a distance of 76.90 feet to a point; thence South 36 degrees 20 minutes 18 seconds East, along the Robinson and Fitch property line, a distance of 290.82 feet (passing a found 1/2" rebar at 40 feet and 250.82 feet) to the Point of Beginning. Subject to Marshall County Zoning and Subdivision Regulations. Subject to all road and utility right-of-ways and easements of record. Together with an Easement for purposes of ingress and egress and described by original grant as follows: A 25 foot wide perpetual easement situated on a certain 3 acre parcel of land situated in the Southwest Quarter of Section 4, Township 3 South, Range 3 West, Marshall County, Mississippi, and described as: Starting on the South side of McAlexander Road, between said 3 acre parcel and Charles Tiner’s 7.4 acre parcel; run thence South along the East boundary of said lot 475 feet and said line running parallel to Charles Tiner’s 7.4 acres on its West boundary; then proceed West along the South boundary of same said 3 acre tract a distance of 125 feet, until it touches the above-described 2 acre tract in said Section 4, Township 3 South, Range 3 West. This is intended to be a means of egress for Margaret Vasser and Coleman Vasser or the owner of that property owned by them from McAlexander Road; and with said Easement being thereafter described by survey of Donald B. Spencer, Jr., dated September 21, 2006, as follows: Description of a 30 foot Ingress/Egress Easement along an existing gravel drive across the Andrew Howell property located in Section 4, Township 3 South, Range 3 West, Marshall County, Mississippi, recorded in Deed Book 191, Page 225, in the Marshall County Register’s Office in Marshall County, Mississippi, and is further described as: Beginning at a point in the south line of McAlexander Road (60 foot R.O.W.) and in the center of said gravel drive; thence along the center of said drive the following calls: South 16 degrees 45 minutes 19 seconds East, a distance of 174.33 feet to a point; thence South 23 degrees 03 minutes 06 seconds East, a distance of 69.27 feet to a point; thence South 28 degrees 36 minutes 31 seconds East, a distance of 63.27 feet to a point; thence South 27 degrees 35 minutes 26 seconds East, a distance of 35.68 feet to a point; thence South 53 degrees 21 minutes 36 seconds East, a distance of 36.95 feet to a point in the West line of the Vasser property.
Witness my signature, this, the 17th day of October, 2008. s/Grant M. Fox Grant M. Fox, Substituted Trustee FOX LAW GROUP, PA Post Office Box 310 Brandon, Mississippi 39043 (601) 825-6111 The South Reporter Publish: Oct. 23, 30, Nov. 6, 13, 2008 (43-46c) NOTICE OF TRUSTEE'S SALE WHEREAS, on the 14TH day of November, 1998, Randy N. Thompson and Mindy K. Thompson, executed and delivered a land deed of trust to Diane G. Taylor, Trustee for the benefit of Magnolia Properties, L.P., Beneficiary, which is recorded in Land Deed Book No. 243, at page 532, 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 in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, Magnolia Properties, L.P. having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expenses of sale; NOW, THEREFORE, I, DIANE G. TAYLOR, as Trustee in said deed of trust will on FRIDAY, November 14, 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 South front door of the County Courthouse at Holly Springs, Marshall County, Mississippi, the following described property situated in Marshall County, Mississippi, described as:
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.
WITNESS MY SIGNATURE, this the 16th day of October, 2008. DIANE G. TAYLOR, TRUSTEE (43-46c) To be sold on 11-3-08 for nonpayment. Johnnie Laird B1 #4 J.W. Summerlin B2 #36 Paulette Fitts B2 #9 India Ray B4 #6F Angela Jones B2 #10 Salley Wooten B4 #40 Georgetta Jones B2 #33 Carlos Santos B2 #48 Heather Overall B5 #9 Marie Mitchell B3 #6 Eugene Brown Jr. B3 #2 & B2 #39 Mary Young B2 #4 Rene Rayford B4 #25 Taylor Storage (43-44c)
IN THE MATTER OF LEVYING COUNTY AND AD VALOREM TAXES FOR THE CURRENT FISCAL YEAR 2008-2009 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 15th day of September, 2008, the matter of levying the ad valorem taxes for the fiscal year 2008–2009 on assessments of property as of January 1, 2008, 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 2008-2009 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, 2008 (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 43.63 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 . 76 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 25.71 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 .75 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 28.19 (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 3.89 NEW MARSHALL COUNTY JAIL BONDS 1.78 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 15th day of September, 2008. Ronnie J. Bennett, President Marshall County Board of Supervisors ATTEST: C. W. “Chuck” Thomas, Clerk of Board of Supervisors of Marshall County, Mississippi (43c) Public Notice The Marshall County Planning Commission will meet for their regular scheduled meeting on Thursday, November 13, 2008, at 2:00 p.m. in the Marshall County 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. Ozell Hearn at 177 Red Hills Road is requesting to be allowed to place a second dwelling (doublewide mobile home) on his property for his daughter and her children. If allowed, the doublewide will be placed behind his home. The property in question is Lot 296 of Interstate 78 Farms Subdivision (Avent’s Red Hills Farms, Kennedy Farms or Rather Farms), contains 3.04 acres and is zoned R-1. ITEM 2: Mr. Richard Davis requests to be allowed to place a second dwelling (single wide mobile home) on his property located at 15 Ridgefield Cove for temporary (approximately one year) while renovating his house. The property in question is Lot 34 of Ridgefield Acres Subdivision Phase II, contains 2.55 acres and is zoned R-2. (43c) Public Notice The contents of storage units: Tomike Johnson #6 Dorothy Ware #28 Shawnee Garrison #63 Will be sold or disposed of for delinquent storage at Pickard Park Mini Storage, Hwy 72 Cayce Rd., Oct 26, 2008, 5 p.m. (43c) NOTICE OF TRUSTEE'S SALE OF LAND Under and by virtue of the authority vested in me as Trustee in that certain Deed of Trust dated July 22, 2004, executed by MICHAEL PENILTON AND MARTHA PENILTON, 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 360 pages 468-473 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, November 14, 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:
PROPERTY ALSO KNOW AS: 516 Laws Hill Rd. Holly Springs, MS 38635
WITNESS MY SIGNATURE on this the 15th day of October, 2008. William F. Schneller, Trustee Publishing Dates: Oct. 23, 30, Nov. 6, 13, 2008 (43-46c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on the 21st day of May, 2008, ARMANDO ORTIZ and MARIA ORTIZ, executed and delivered a land deed of trust to Jennifer L. Shackelford, Trustee for the benefit of Citizens Bank, Byhalia, Beneficiary, which is recorded as Instrument No. 2008003249 in the office of the Chancery Clerk of Marshall County, Mississippi, and WHEREAS, on the 4th day of April, 2006, ARMANDO ORTIZ and MARIA ORTIZ, executed and delivered a land deed of trust to Jennifer L. Shackelford, Trustee for the benefit of Citizens Bank, Byhalia, Beneficiary, which is recorded as Trust Deed Book No. 407, at page 309 in the office of the Chancery Clerk of Marshall County, Mississippi, and WHEREAS, on the 31st day of May, 2002, ARMANDO ORTIZ and MARIA ORTIZ, executed and delivered a land deed of trust to Jennifer L. Shackelford, Trustee for the benefit of Citizens Bank, Byhalia, Beneficiary, which is recorded as Trust Deed Book No. 305, at page 453 in the office of the Chancery Clerk of Marshall County, Mississippi, and WHEREAS, on the 2nd day of August, 1996, ARMANDO ORTIZ and MARIA ORTIZ, executed and delivered a land deed of trust to D. Rook Moore, III, Trustee for the benefit of Citizens Bank, Byhalia, Beneficiary, which is recorded as Trust Deed Book No. 213, at page 418 in the office of the Chancery Clerk of Marshall County, Mississippi, and WHEREAS, on the 1st day of February, 2008, Magnolia Properties, L.P., Beneficiary, did appoint and substitute Jennifer L. Shackelford as Trustee in lieu of D. Rook Moore, III, by Substitution of Trustee recorded in Instrument No. 2008000808; 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 14TH day of August, 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 South front door of the County Courthouse at Holly Springs, Marshall County, Mississippi, the following described property situated in Marshall County, Mississippi, described as:
Property address: 1398 Rabbit Ridge Road, Byhalia, MS 38611.
The right is reserved to adjourn the day of the sale to another day or time certain without further publication, upon announced at the time for the above. WITNESS MY SIGNATURE, this the 16th day of October, 2008. JENNIFER L. SHACKELFORD, SUBSTITUTED TRUSTEE (43-46c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on the 1st day of March, 2006, Joe Mack Nunley and Ruby L. Nunley, husband and wife, executed a certain Land Deed of Trust to Jovetta Woodard and Patricia Robinson, Trustees for the benefit of SunTrust Bank which Land Deed of Trust was recorded in the office of the Chancery Clerk of Marshall County, Mississippi and recorded in Deed of Trust Book 407 at page 685 of the land records; and, WHEREAS, WHEREAS, said Deed of Trust was assigned to CitiCorp Trust Bank, FSB by instrument dated March 1, 2006, recorded in Deed of Trust Book 90 at Page 61; and, WHEREAS, T. Frank Collins has been substituted in the place and stead of Jovetta Woodard and Patricia Robinson, Trustees for SunTrust Bank, said Appointment of Substitute Trustee being recorded as Instrument No. 2008001378 of the records of the Chancery Clerk of said County; and, WHEREAS, fee simple title is vested in Joe Mack Nunley and wife, Ruby L. Nunley, as tenants by the entirety with full right of survivorship and not as tenants in common; and, WHEREAS, default having been made in the terms and conditions of said Land Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Land Deed of Trust, the legal holder of said indebtedness, CitiCorp Trust Bank, FSB having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said Land 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, T. Frank Collins, Substituted Trustee in said Deed of Trust, will on the 14th day of November, 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 Front Door of the Marshall County Courthouse, 128 East Van Dorn Avenue, Holly Springs, Mississippi to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 3 WEST; THENCE SOUTH 89° 29’ 30" EAST ALONG THE CENTERLINE OF TASKA ROAD 2838.11 FEET TO A POINT; THENCE SOUTH 00° 28’ 30" WEST 50 FEET TO AN IRON FENCE POST BEING THE NORTHWEST CORNER OF BRENDA CUNNINGHAM CRABB AND HUSBAND GARY THOMAS CRABB TRACT OF LAND AS RECORDED IN LAND DEED BOOK 212, PAGE 366, BEING THE POINT OF BEGINNING; THENCE SOUTH 4° 37’ 32" WEST ALONG A BARBED WIRE FENCE 209.00 FEET TO A POINT; THENCE SOUTH 88° 58’ 00" EAST TO AN IRON PIN 208.94 FEET; THENCE NORTH 5° 01’ 49" EAST TO A 4" x 4" WOOD POST ON THE SOUTH RIGHT OF WAY OF TASKA ROAD 211.03 FEET; THENCE NORTH 89° 29’ 30" WEST 210.56 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1.01 ACRES, MORE OR LESS, AND IS MORE PARTICULARLY SHOWN, DESCRIBED AND DEPICTED ON THAT PLAT AND SURVEY PREPARED BY LARRY L. BRITT, MLS #2078, UNDER DATE OF OCTOBER 25, 1988, DIRECT REFERENCE TO WHICH IS HEREBY MADE. BEING THE SAME PROPERTY CONVEYED TO JOE MACK NUNLEY AND WIFE, RUBY L. NUNLEY, AS TENANTS BY THE ENTIRETY BY DEED FROM BRENDA CUNNINGHAM CRABB, ET VIR, GARY THOMAS CRABB RECORDED 11/30/1988 IN DEED BOOK 224 PAGE 25, IN THE OFFICE OF THE CHANCERY CLERK OF MARSHALL COUNTY, MISSISSIPPI. INDEXING INSTRUCTIONS: PART OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 3 WEST, MARSHALL COUNTY, MISSISSIPPI.
WITNESS MY SIGNATURE, this the 20th day of October, 2008. T. Frank Collins, Substituted Trustee Dates of Publication: Oct. 23, 30, Nov. 6 and 13, 2008 Prepared By and Return To: T. Frank Collins, Esq. Collins & Associates, PLLC 599-B Steed Road Ridgeland, Mississippi 39157 Telephone: (601) 853-4400 (43-46c) 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 August 27, 1999, executed by CENARA MITCHELL, 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 255 pages 632-634 of the land records of the Clerk of the Chancery Court of Marshall; Deed of Trust dated July 17, 2000, executed by CENARA MITCHELL, 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 268 pages 406-408 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, November 14, 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:
Commence at a point where the South right of way line of the Law Hill Waterford Rd. intersects with the Half Section Line of Section 31 running thence Southwesterly along said right of way 139.34 feet to the Point of Beginning; running thence South parallel with the Half Section Line 625 feet to a stake; thence in a Southwesterly direction parallel with said road 69.66 feet to a stake; thence North parallel with said Half Section Line 625 feet to the South right of way line of said road; thence in a Northeasterly direction along said road right of way 69.66 feet to the point of beginning. PROPERTY ALSO KNOW AS: 3915 Wilson Golden Road, Waterford, MS 38685-9707 PARCEL NUMBER: 169-31-03000
WITNESS MY SIGNATURE on this the 15h day of October, 2008. William F. Schneller, Trustee Publishing Dates: Oct. 23, 30, Nov. 6, 13, 2008 (43-46c) NOTICE OF SUBSTITUTED TRUSTEE'S SALE STATE OF MISSISSIPPI COUNTY OF MARSHALL WHEREAS, on June 18, 2004, Reneda McGaughey executed a promissory note payable to the order of Novastar Mortgage, Inc.; and WHEREAS, the aforesaid promissory note was secured by a Deed of Trust dated June 18, 2004, executed by Reneda McGaughey and being recorded in Book 357, at Page 829, of the records of the Chancery Clerk of Marshall County, Mississippi; and which aforesaid instrument conveys to Professional Services, Inc., Trustee, the hereinafter described property; and WHEREAS, Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, Inc., having executed a Substitution of Trustee to substitute Floyd Healy as trustee in the place and stead of Professional Services, Inc., the same having been recorded on October 14, 2008, as Instrument No. 2008005749 in the records of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, default having occurred under the terms and conditions of said promissory note and Deed of Trust and the holder having declared the entire balance due and payable; and WHEREAS, Floyd Healy, Substituted Trustee in said Deed of Trust will on the 14th day of November, 2008, between the hours of 11:00 a.m. and 4:00 p.m., offer for sale and will sell at public outcry to the highest bidder for cash at the South front door of the Marshall County Courthouse in Holly Springs, Mississippi, the following described property located and situated in Marshall County, Mississippi, to wit:
Lot NO. 5 of Twin Oaks Subdivision, Phase III, recorded in Plat File 842A in the office of the Chancery Clerk of Marshall County, Mississippi. More commonly known as: 1124 Dogwood Road, Byhalia, Mississippi 38611 Subject to the rights of way and easement for public roads and public utilities, and to any prior conveyance or reservation of mineral of every kind and character, including but not limited to oil, gas, sand and gravel in or under subject property.
This 20th day of October, 2008. Prepared by: Floyd Healy Floyd Healy Substituted Trustee 1405 N. Pierce, Suite 306 Little Rock, Arkansas 72207 (43-46c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI BRANDON DESHAUN MAYFIELD, A MINOR, BY AND THROUGH, KIM MAYFIELD, AS NEXT FRIEND PETITIONERS CAUSE NO. 08-0573-A SUMMONS THE STATE OF MISSISSIPPI TO: TO THE UNKNOWN FATHER of the minor named in the Petition for Guardianship filed in this cause, who cannot be found after diligent search and inquiry. You have been made a Defendant in the suit filed in this Court by Kim Mayfield, Petitioner, seeking letters of guardianship of the minor named in the Petition for Guardianship filed in this cause. You are summoned to appear and defend against the complaint or petition filed against you in this action at 9:30 o’clock A.M. on Tuesday, the 25th day of November, 2008, at the Marshall County Courthouse at Holly Springs, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the complaint or petition. You are not required to file an answer or other pleading but you may do so if you desire. Issued under my hand and the seal of said Court, this the 17th day of October, 2008. C.W. “CHUCK” THOMAS MARSHALL COUNTY CHANCERY CLERK POST OFFICE BOX 219 HOLLY SPRINGS, MISSISSIPPI 38635 BY: /S/ Madalynne Ash, D.C. (43-45c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on July 7, 2003, WILLIAM D. LEE, executed a Deed of Trust to Colmon Mitchell, Trustee for the benefit of First Security Bank, which Deed of Trust is recorded in Trust Deed Book 333, Page 150, in the Office of the Chancery Clerk of Marshall County, Mississippi. The said First Security Bank has appointed JAMES E. WOODS as Substituted Trustee in the place and stead of the aforesaid Trustee by instrument recorded in Instrument Number 2008005635, in the Office of the Chancery Clerk of Marshall County, Mississippi, and WHEREAS, default having been made in the terms and conditions of said Deeds of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deeds of Trust, and the holder of said indebtedness, First Security Bank having requested the undersigned Substituted Trustee to execute the trust and sell the said land in accordance with the Deed of Trust. NOW, THEREFORE, I, James E. Woods, Substituted Trustee, under the provisions of and by virtue of the authority conferred upon me in said Deed of Trust, will, on the 14th day of November, 2008, offer for sale at public outcry and sell, within legal hours, between the hours of 11:00 a.m. and 4:00 p.m. at the South door of the County Courthouse of Marshall County, at Holly Springs, Mississippi, for cash, to the highest and best bidder, the following described land situated in Marshall County, Mississippi, to-wit:
And Easement: A 30.00 feet wide ingress-egress Easement across the South half of the Southwest Quarter of the Southeast Quarter of Section 27, Township 4 South, Range 5 West, Marshall County, Mississippi, said easement being more particularly described as follows, to-wit: Beginning at the Southwest corner of the Southeast Quarter of said Section 27, Township 4 South, Range 5 West said point being in Newsome Road; thence North along the West line of the Southeast Quarter of said Section 27 a distance of 660.00 feet more or less to a point on the South line of the Minyoun Inez Beavers 20 acre tract; thence East along the South line of the Minyoun Inez Beavers tract 30.00 feet to a point; thence South along a line which is parallel to the West line of the Southeast Quarter of said Section 27 a distance of 660.00 feet more or less to a point in Newsome Road on the South line of said Section 27; thence west along the South line of said Section 27 a distance of 30.00 feet to the point of beginning. For this Minyoun agrees to trade land on the South side of property, equal to egress. (15 feet by 1290 feet). Indexing Instructions: Southwest Quarter of the Southeast Quarter of Section 27, Township 4 South, Range 5 West, Marshall County, Mississippi.
WITNESS MY SIGNATURE, this the 16th day of October, 2008. /s/ James E. Woods JAMES E. WOODS SUBSTITUTED TRUSTEE Publish: Oct. 23 and Oct. 30, Nov. 6 and Nov. 13, 2008 (43-46c) SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on April 15, 2005, Wayne C. Jones and wife, Diedre Burney, executed a deed of trust to Jerry Baker, trustee for the benefit of “MERS” Mortgage Electronic Registration Systems, Inc., which deed of trust is recorded in Deed of Trust Book 380 at Page 296 in the office of the Chancery Clerk of the County of Marshall, State of Mississippi; and WHEREAS, the aforesaid deed of trust was assigned to First Horizon Home Loans, a division of First Tennessee Bank National Association by instrument dated September 15, 2008, and recorded in the office of the aforesaid Chancery Clerk as instrument No. 2008005401 ; and WHEREAS, the aforesaid, First Horizon Home Loans, a division of First Tennessee Bank National Association, the holder of said deed of trust and the note secured thereby, substituted John C. Underwood, Jr., as Trustee therein, as authorized by the terms thereof, by instrument dated September 15, 2008 and recorded in the office of the aforesaid Chancery Clerk as instrument No. 2008005608; and WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, First Horizon Home Loans, a division of First Tennessee Bank National Association, 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, John C. Underwood, Jr., Substituted Trustee, in said deed of trust, will on the 18th day of November, 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 South 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:
BEGIN at the Northwest Corner of Lot 197 according to the plan of the City of Holly Springs and running thence South 78 feet to a stake; thence run East to the boundary line between Lots 197 and 212; thence run North 78 feet to the North line of said Lot 197; thence run West with said North boundary line to the POINT OF BEGINNING, being in Section 6, Township 4 South, Range 2 West, Marshall County, Mississippi.
WITNESS MY SIGNATURE, this the 9th day of October, 2008. John C. Underwood, Jr. SUBSTITUTED TRUSTEE Control #08080317 PUBLISH: 10/23, 10/30, 11/06, 11/13/2008 (43-46c) IN THE JUVENILE COURT OF SHELBY COUNTY, TENNESSEE STATE OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES Petitioner, vs. No. S9300 Shemere Shenette Johnson, Marcus Westbrook, and Unknown Father Respondents IN THE MATTER OF: Cody Marvell Johnson, DOB 11-8-07 CHILD UNDER EIGHTEEN (18) YEARS OF AGE ORDER OF PUBLICATION It appearing to the Court from the allegations of the Petition in this cause and the affidavit of the Petitioner that the whereabouts of the Respondents Shemere Shenette Johnson, Marcus Westbrook and Unknown Father are unknown and that ordinary process of law cannot be served upon him, IT IS THEREFORE ORDERED: that Respondents, Shemere Shenette Johnson, Marcus Westbrook and Unknown Father, be served by publication of the following notice for four (4) consecutive weeks in the South Reporter, a newspaper published in Holly Springs, Mississippi. Shemere Shenette Johnson, Marcus Westbrook and The State of Tennessee, Department of Children’s Services, has filed a petition against you seeking to terminate forever your parental rights to Cody Marvell Johnson, born November 8, 2007, on the grounds that you have willfully abandoned this child and for other reasons. It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown. You are, therefore, ordered to respond by appearing in Court or filing an Answer to the Petition filed against you. A copy of the Petition may be obtained at the office of the Juvenile Court of Memphis and Shelby County, Tennessee. This notice will be published for four consecutive weeks. You must answer or appear to defend at the Juvenile Court of Memphis and Shelby County, Tennessee at 616 Adams Avenue, Memphis, Tennessee on December 17, 2008 at 9:30 a.m. Central Standard Time; failure to answer or appear will result in a Default Judgment on the facts being taken against you on that date. All future hearings and/or documents filed in this cause shall be filed with the clerk and shall be considered as service upon you. You may request your copy from the clerk. ENTER this the 16 day of October, 2008. STEVE STAMSON, Clerk of Court By Freda Lewis, D.C. (43-46c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on the 10th day of June, 1994, Glen M. Johnson and Delphine H. Johnson executed and delivered a Purchase Money Deed of Trust to Carmen Z. Fasking, Trustee, for the benefit of Magnolia Properties, L.P., which is recorded in Trust Deed Book 192, Page 816, in the Office of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, on the 6th day of October, 2008, Magnolia Properties, L.P., Beneficiary, did appoint and substitute JESSICA L. COX as Trustee in lieu of Carmen Z. Fasking, by Substitution of Trustee recorded as Instrument #2008005661; 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, Magnolia Properties, L.P., 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, JESSICA L. COX, as Substituted Trustee in said deed of trust will on the 14TH day of NOVEMBER, 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 South front door of the County Courthouse at Holly Springs, Marshall County, Mississippi, the following described property situated in Marshall County, Mississippi, described as:
The right is reserved to adjourn the day of the sale to another day or time certain without further publication, upon announced at the time for the above. WITNESS MY SIGNATURE, this the 16th day of October, 2008. JESSICA L. COX, SUBSTITUTED TRUSTEE (43-46c) 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 September 26, 2001 executed by Theodore Hunt and Jo Ann Hunt 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 290 pages 545-551 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, November 14, 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:
WITNESS MY SIGNATURE on this the 17th day of October, 2008. William F. Schneller, Trustee Publishing Dates: Oct. 23, 30, Nov. 6, 13, 2008 (43-46c) STATE OF MISSISSIPPI COUNTY OF MARSHALL SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on May 15, 2007, BYRON HARRIS (Single) and ANNETTE BRUNSON (Single) executed a Deed of Trust to W. Stewart Robison, Trustee for Jim Walter Homes, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 443, at Pages 772-776, in the office of the Chancery Clerk of Marshall County, Mississippi; AND WHEREAS, this Deed of Trust was ultimately assigned to Walter Mortgage Company by instrument recorded in Instrument No. 2008005656 in the Office of the Chancery Clerk aforesaid; AND WHEREAS, Walter Mortgage Company appointed Grant M. Fox as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Instrument No. 2008005664, in the office of the Chancery Clerk aforesaid; AND WHEREAS, default having been made in the performance of the conditions and stipulations as set out in the above described Deed of Trust and the said Substituted Trustee having been requested and directed to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the Laws of the State of Mississippi, the dates for publication of this Substituted Trustee’s Notice of Sale in The South Reporter, a newspaper published in Marshall County, Mississippi, having been set at the following, to-wit: October 23, October 30, November 6, and November 13, 2008. I will on the 14th day of November, 2008, offer for sale at public outcry and sell during legal hours between the hours of 11:00 A.M. and 4:00 P.M., at the main front door of the Marshall County Courthouse, Holly Springs, Mississippi, for cash to thehighest and best bidder, the following described land and property, situated in Marshall County, Mississippi, to-wit:
Commencing at a found pk nail in the center of Berta Road (60' R.O.W.), said point being the northeast corner of said Section 6; thence South 01 degrees 33 minutes 33 seconds East, along the center of said Berta Road, a distance of 303.4', (deed call=498.74') to a point; thence South 88 degrees 26 minutes 27 seconds West, perpendicular to said center, a distance of 30.0 feet to a set 1/2" rebar at the northeast corner of Lot 1 of the Richland Subdivision found in Plat file 773A and the POINT OF BEGINNING; thence North 80 degrees 58 minutes 28 seconds West, along the north line of said Lot 1, a distance of 198.33 feet (deed call=207.0') to a found 3/4" pipe; thence South 00 degrees 48 minutes 37 seconds East, across said Lot 1, a distance of 136.83 feet (deed call=123.8') to a found 1/2" pipe, said point being in the south line of said Lot 1; thence North 87 degrees 38 minutes 28 seconds West, along said south line, a distance of 166.95 feet (deed call=160.62') to a set 1/2" rebar (found t-post 10' west), said point being in the east line of Richland Road (60' R.O.W.); thence along said east line the following calls: North 11 degrees 10 minutes 51 seconds East, a distance of 42.29 feet (deed calls=72.18') to a point of curvature; thence along a curve to the right having a radius of 50.00 feet, a chord bearing of North 29 degrees 09 minutes 41 seconds East, a chord length of 30.87 feet and a distance along its arc of 31.38 feet to a point of reversed curvature; thence along a curve to the left having a radius of 50.00 feet, a chord bearing of North 07 degrees 35 minutes 48 seconds East, a chord length of 53.67 feet and a distance along its arc of 69.02 feet to a set 1/2" rebar, said point being a south corner of the Versie Sanders property recorded in Deed Book 265, Page 138; thence North 53 degrees 24 minutes 03 seconds East, along said Sanders south line, a distance of 151.21 feet (deed call=135.31') to a found 1/2" rebar, said point being the southwest corner of the Theodore Culp, Jr. property recorded in Deed Book 229, Page 725, thence South 71 degrees 36 minutes 26 seconds East, along the south line of said Culp property, a distance of 219.44 feet (deed call=220.37') to a set 1/2" rebar in the west line of said Berta Road; thence South 01 degrees 33 minutes 33 seconds East, along said west line, a distance of 53.74 feet to the POINT OF BEGINNING and containing 0.925 acres of land more or less.
Witness my signature, this, the 17th day of October, 2008. s/Grant M. Fox Grant M. Fox, Substituted Trustee FOX LAW GROUP, PA Post Office Box 310 Brandon, Mississippi 39043 (601) 825-6111 The South Reporter Publish: Oct. 23, 30, Nov. 6, and 13, 2008 (43-46c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on August 13, 2001, Grant L. Glover, an unmarried man & Cassandra S. Hayes, an unmarried woman executed a certain deed of trust to Jim B. Tohill, Trustee for the benefit of Long Beach Mortgage Company which deed of trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book 287 at Page 6; and WHEREAS, said Deed of Trust was subsequently assigned to U.S. Bank, N.A., successor trustee to Wachovia Bank, N.A. (formerly known as First Union National Bank),as Trustee for Long Beach Mortgage Loan Trust 2001-4 by instrument dated September 25, 2008 and recorded in Instrument # 2008005590 of the aforesaid Chancery Clerk's office; and WHEREAS, U.S. Bank, N.A., successor trustee to Wachovia Bank, N.A. (formerly known as First Union National Bank),as Trustee for Long Beach Mortgage Loan Trust 2001-4 has heretofore substituted J. Gary Massey as Trustee by instrument dated September 25, 2008 and recorded in the aforesaid Chancery Clerk's Office in Instrument # 2008005611; 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, U.S. Bank, N.A., successor trustee to Wachovia Bank, N.A. (formerly known as First Union National Bank),as Trustee for Long Beach Mortgage Loan Trust 2001-4, 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 November 13, 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:
WITNESS MY SIGNATURE on this 17th day of October, 2008. J. Gary Massey SUBSTITUTED TRUSTEE Shapiro & Massey, L.L.P. 1910 Lakeland Drive, Suite B Jackson, MS 39216 (601)981-9299 5100 Old Higdon Road Holly Springs, MS 38635 08-101365JC Publication Dates: October 23, 30, and November 6, 2008 (43-45c) Public Notice To the Owners of the Properties located at: Address: 143 Fuller Street, Byhalia, MS You are hereby notified that the Mayor and Board of Alderman of the City of Byhalia, Mississippi will conducted a hearing on the 4th day of November, 2008, at 5:30 p.m. at the City Hall, located at 161 Hwy. 309 S, Byhalia, Mississippi. The purpose of this hearing is to determine whether your property, as described above, is in such a state of uncleanliness as to be a menace to the public health and safety of the community, in violation of Section 29-19-11 of the Mississippi Code (1972). If such determination is made, the Mayor and Board of Alderman will order the cleanup of the property which may include removal of dilapidated buildings by municipal employees or by contract services, at your expenses, together with a penalty of $1,500.00 of fifty percent (50%) of the actual cost incurred, whichever is greater. The cost and penalty may be collected as a civil debt, with an additional claim for attorneys fees, cost and interest, or at the option of the Mayor and Board of Alderman, as an assessment against your property. If the property is cleaned prior to the date of the hearing, further enforcement actions will be suspended. The Town of Byhalia reserves the right to determine the extent and acceptability of the cleanup. Failure to have the property sufficiently cleaned prior to the hearing may expose you to the expense described herein. If you should have any questions concerning this matter, such questions should be directed to: O.R Dempsey, Mayor/Code Enforcement Officer, Town of Byhalia, at (662) 838-2135. (43-44c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF IRBY WAYNE CARPENTER, SR., DECEASED CAUSE NO.: 07-547-A IRBY WAYNE CARPENTER, JR. PETITIONER SUMMONS BY PUBLICATION THE STATE OF MISSISSIPPI TO: UNKNOWN HEIRS AND WRONGFUL DEATH BENEFICIARIES OF IRBY WAYNE CARPENTER, SR., DECEASED You have been made a Defendant in a suit filed in this Court by Irby Wayne Carpenter, Jr., Petitioner, seeking determination of heirship. Defendants other than you in this action are Vickie Carpenter and Joseph Carpenter. YOU ARE COMMANDED TO APPEAR AND DEFEND THIS ACTION AT 9:00 A.M. ON THE 25 DAY OF NOVEMBER, 2008, AT THE MARSHALL COUNTY CHANCERY COURT HOUSE, HOLLY SPRINGS, MISSISSIPPI, and in case of your failure to appear and defend, a judgment will be entered for money or other things demanded in the Petition. You are not required to file an answer or other pleading but may do so if you desire. ISSUED UNDER MY HAND AND SEAL, this 10day of October, 2008. Charles W. “Chuck”Thomas CHANCERY CLERK, MARSHALL COUNTY By Madalynne Ash, D.C. (43-45c) Notice Barton/Byhalia Storage TO:Samuel Max Hamm, Mark Wilkerson, Curtis Taylor, Tonya Maynor, Richard Keeling Jr. The above accounts will be closed as of November 10, 2008. (43-44c) SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on March 21, 2007, Jonathon L. Ash, single man and April Frankum, single woman, executed a deed of trust to Thomas McDonough, trustee for the benefit of “MERS” Mortgage Electronic Registration Systems, Inc., which deed of trust is recorded in Deed of Trust Book 434 at Page 649 in the office of the Chancery Clerk of the County of Marshall, State of Mississippi; and WHEREAS, the aforesaid deed of trust was assigned to AmTrust Bank by instrument dated September 12, 2008, and recorded in the office of the aforesaid Chancery Clerk as instrument No. 2008005352; and WHEREAS, the aforesaid, AmTrust Bank, the holder of said deed of trust and the note secured thereby, substituted John C. Underwood, Jr., as Trustee therein, as authorized by the terms thereof, by instrument dated September 12, 2008 and recorded in the office of the aforesaid Chancery Clerk as instrument No. 2008005607; 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, AmTrust 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, Substituted Trustee’s fees and expense of sale; NOW, THEREFORE, I, John C. Underwood, Jr., Substituted Trustee, in said deed of trust, will on the 18th day of November, 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 South 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:
Commencing at the Northwest corner of the Northeast Quarter of Section 17, Township 6, Range 1 West, Marshall County, Mississippi, run thence South 5 degrees East 330' to a point; thence East 23' to a point on the East boundary of the Potts Camp-Cornersville Road, this point also being the Northwest corner of Lot No. 1 of the Edward Welch survey by Halle Shaw dated November 21, 1963; thence South 24 degrees 25' East along the East boundary of said road for a distance of 300' to the Northwest corner of Lot No. 4 of said survey, being the point of beginning of this description; thence South 24 degrees 25' East along the East boundary of said road for a distance of 120'; thence North 84 degrees 30' East 363 feet to a point; thence North 24 degrees 25' West 120' to a point; thence South 84 degrees 30' West 363' to the point of beginning. Being all of Lot No. 4 of said survey and containing 1 acre, more or less.
WITNESS MY SIGNATURE, this the 9th day of October, 2008. John C. Underwood, Jr. SUBSTITUTED TRUSTEE Control #08090353 PUBLISH: 10/23, 10/30, 11/06, 11/13/2008 (43-46c) |
      
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