(51-02c)


Substitute Trustee's Notice of Sale

STATE OF MISSISSIPPI

COUNTY OF Marshall         

WHEREAS, on the 29th day of June, 1993, James Richard Norton, Jr., unmarried and Christy Lynn Williford, unmarried, executed and delivered a certain Deed of Trust unto Bill R McLaughlin and George V. Kinney, Shelby Co., Tennessee, Trustee for Union Planters National Bank, 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 185 at Page 397; and

WHEREAS, on 21st day of April, 1999, the Holder of said Deed of Trust filed a Loan Modification Agreement of Deed of Trust by instrument recorded in the office of the aforesaid Chancery Clerk of Court in Book 254 at Page 278; and

WHEREAS, on the 12th day of July, 1993, Union Planters National Bank, assigned said Deed of Trust unto Norwest Mortgage Inc., a Minnesota Corp., by instrument recorded in the office of the aforesaid Chancery Clerk in P/A Book 41 at Page 332; and

WHEREAS, on the 15th day of January, 2008, 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 Instrument # 2008000398; 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 8th day of January, 2009, I will during the lawful hours of between 11:00 a.m. and 4:00 p.m., 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 9 of NONCONNAH PLACE SUBDIVISION, Phase I of Section 24, Township 1 South, Range 5 West, according to plat of said subdivision recorded in plat file no. 757 A & B of the records of the clerk of the Chancery Court of Marshall County, Mississippi.


I will only convey such title as is vested in me as Substitute Trustee

WITNESS MY SIGNATURE, this day December 10, 2008.

Emily Kaye Courteau

Substitute Trustee

2309 Oliver Road

Monroe, LA 71201

(318) 330-9020

cls/F08-0037 

PUBLISH: 12-18-08/12-25-08/1-1-09

(51-01c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

WELLS FARGO BANK, N.A.        PLAINTIFF

VS.              CAUSE NO.: 08-0373 R

TERI L. MOSES                         DEFENDANTS

THE MISSISSIPPI STATE COMMISSION,

AND ANY AND ALL PERSONS HAVING AN

INTEREST IN THE PROPERTY BEARING THE

MUNICIPAL ADDRESS OF 69 SY COVE,

BYHALIA, MS

SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI

TO:TERI L. MOSES whose identity and current post office address and street address are unknown to the Plaintiff after diligent search and inquiry to ascertain same.

The Complaint against you, which is on file at the Marshall County Chancery Court, Holly Springs,Mississippi, in the above numbered cause, is important and you must take immediate action to protect your rights.

You are required to mail or hand deliver a written response to the Complaint filed against you in this action to John C. Morris, III, Attorney for Plaintiff, whose address is 2309 Olive Road, Monroe, Louisiana, 71201.

Your Response must be mailed or delivered not later than thirty days after the 18th day of Dec., 2008, which is the date of the first publication of this summons. If your response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the Complaint.

You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward.

Issued under my hand and the seal of said Court, this 5th day of Dec., 2008.

C.W. CHUCK THOMAS

CHANCERY CLERK OF MARSHALL COUNTY

128 E. VAN DORN AVE.

P.O. DRAWER 70

HOLLY SPRINGS, MS 38635

BY: Madalynn Ash, D.C.

(51-01c)


NOTICE OF DEFAULT

AND FORECLOSURE SALE

MULTIFAMILY MORTGAGE FORECLOSURE

FHA Project Name: Mississippi Industrial College Homes

FHA Project No.: 065-35067

FHA Project Location: 185 W. Woodward Ave., Holly Springs, MS 38635

WHEREAS, on October 28, 1971, a certain Deed of Trust was executed by Mississippi Industrial College Homes, Inc., as mortgagor, in favor of Ernest P. Schumacher as Trustee for Schumacher Mortgage Company Incorporated, as mortgagee and was recorded on October 28, 1971, in Book 72, Page 353, with the Clerk of Chancery Court Marshall County, Mississippi; and

WHEREAS, on December 4, 2007, said Deed of Trust was assigned to the Secretary of Housing and Urban Development, which Assignment was recorded December 11, 2007, in Book 97, Page 14, with the Clerk of Chancery Court Marshall County, Mississippi; and

WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that the payment due on June 1, 2007 was not timely made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and

WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable;

NOW THEREFORE, pursuant to powers vested in me by the Multifamily Mortgage Foreclosure Act of 1981, 12 U.S.C. Sec. 3701 et seq., by 24 CFR, Part 27, and by the Secretary's designation of me as Foreclosure Commissioner, notice is hereby given that on January 8, 2009 at 11:00 A.M. local time, all real and personal property at or used in connection with the following described premises located at 185 W. Woodward Ave., Holly Springs, MS 38635, (the Project) as more particularly described  as follows:


That Part of Lot 67, as shown on the official map of the City of Holly Springs, Mississippi in the Office of the Chancery Court Clerk of Marshall County, Mississippi, lying South of Woodward Avenue containing 9.22 Ac., and being described as follows, to-wit:

Beginning at an iron stake on the SE corner of said Lot 67, running thence N89 degrees 35'W for a distance of 726.0' to an iron stake; thence North for a distance of 550.0' to an iron stake; thence N89 degrees 52' E for a distance of 726.0' to an iron stake; thence south for a distance of 557.0' to the point of beginning.


The subject property will be sold at public auction to the highest bidder:

The sale will be held at:

South Front Door

Marshall County Courthouse

128 East Van dorn Ave.

Holly Springs, Mississippi

The successful bidder (other than the Secretary) will, pursuant to 12 U.S.C. Sec 3706(b)(2)(A), be required to operate the Project in accordance with the terms, as appropriate, of Section 221(d)(4) of the National Housing Act, 12 U.S.C. Sec. 17151(d)(4).  The successful bidder (other than the Secretary) will be required to execute a Use Agreement with the Secretary which contains the terms and conditions under which the Project must be operated.  The Commissioner's Deed to the successful bidder will contain covenants which obligate the grantee to operate the Project in accordance with the appropriate conditions. Also, pursuant to 24 C.F.R. Sec. 200.210 et seq., the successful bidder (other than the Secretary) must, at or before closing, receive previous participation clearance.

Additional information about this sale, including the terms under which the sale is being conducted, is provided in a bid package which is available from  www.hud.gov/offices/hsg/mfh/pd/multifam.cfm. If you are not able to access the bid kit through this website, you may contact Kinkos by email at AMT1570@kinkos.com, by phone at 770.512.4400, or by fax at 770.512.4466.

All parties who are interested in bidding at the sale must obtain a bid package. The bid package contains sample copies of documents that the purchaser must deliver at the sale and copies of documents that the purchaser must execute at closing.  The bid package also describes, among other things, the procedure for prorating real estate taxes and the purchaser's obligations after the sale.  In addition, the bid package describes the level of Section 8 subsidy assistance, if any, that will be provided for each type of unit at the Project and the specific repairs that the purchaser must perform, if any.

When making their bid, all bidders except the Secretary must submit a deposit in the amount of $150,000.00 in the form of a certified check or cashier's check made payable to the Secretary of HUD.  The deposit of the successful bidder is non-refundable and will be applied to the purchase price.  The remainder of the purchase price must be delivered within thirty (30) days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence.  This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check.  If the Secretary is the high bidder, he need not pay the bid amount in cash.  The successful bidder will pay all conveyance fees, all real estate and other taxes that are due on or after the date of closing and all other costs associated with the transfer of title.  At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.

Before being accepted as the purchaser, the high bidder must deliver to the Commissioner, at the time of sale, an executed Acknowledgement of Bidder form. In this form, the high bidder acknowledges that he understands the terms of the sale and the obligations to which he will be bound after the sale. A copy of this form is contained in the bid package described above.

The Secretary may grant an extension of time within which to close.  All extensions will be for 30 days, and purchaser must pay a fee, which is the greater of 1.5% of the unpaid balance of the purchase price of HUD’s current holding cost.  The extension fee shall be paid in the form of a certified or cashiers check made payable to the Secretary of Housing and Urban Development and delivered to the Foreclosure Commissioner.  If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due at closing.

If the high bidder is unable to close the sale within the required period, the high bidder’s deposit will be forfeited, and the Commissioner may offer the Project to the second highest bidder for an amount equal to the highest price offered by that bidder.  All other terms of the sale would remain the same.  If the second high bidder accepts the Commissioner’s offer, the second high bidder must remit a deposit in the form of a certified or cashiers check within twenty-four hours.  If the second high bidder rejects the Commissioner’s offer, no further offer will be made and the sale will be canceled.

Bidders shall read and review the bid kit, including the use agreement and all riders to determine what repairs, if any, will be required and the amount, if any, of Section 8 funds provided with the sale of the Project.

Dated: December 1, 2008

Shapiro & Massey, L.L.P.

Foreclosure Commissioner

/s/ J. Gary Massey

by: J. Gary Massey

Shapiro & Massey, L.L.P.

1910 Lakeland Drive, Suite B

Marshall, MS  39216

(601) 981-9299  ext 101

(51-01c)


Substitute Trustee's Notice of Sale

STATE OF MISSISSIPPI

COUNTY OF Marshall         

WHEREAS, on the 21st day of July, 2000, Toya T Hughes, an unmarried person, executed and delivered a certain Deed of Trust unto Fred A Ross, Jr, Esq, Trustee for Cendant Mortgage Corporation, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 268 at Page 146; and

WHEREAS, on the 15th day of August, 2008, 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 Instrument # 2008004782; 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 8th day of January, 2009, I will during the lawful hours of between 11:00 a.m. and 4:00 p.m., 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:


The following land and property located and situated in the City of Holly Springs, Marshall County, Mississippi, To-wit:

Lot 5 of Sharon Heights Subdivision in Section 5, Township 4 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi. Said subdivision is filed in Plat File 684-A. Subject plat has been revised and refiled dated May 9, 2000, and is recorded in Plat File No. 865-B, all of the records in the office of the Chancery Clerk of Marshall County, Mississippi.


I will only convey such title as is vested in me as Substitute Trustee

WITNESS MY SIGNATURE, this day November 25, 2008.

Emily Kaye Courteau

Substitute Trustee

2309 Oliver Road

Monroe, LA 71201

(318) 330-9020

cls/F08-2279 

PUBLISH: 12-18-08/12-25-08/1-1-09

(51-01c)


Substitute Trustee's Notice of Sale

STATE OF MISSISSIPPI

COUNTY OF Marshall         

WHEREAS, on the 14th day of September, 2005, Rodney Gaines and wife, Danna Gaines, executed and delivered a certain Deed of Trust unto Jim B Tohill, Trustee for Ameriquest Mortgage Company, 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 392 at Page 180

WHEREAS, on the 12th day of September, 2007, Ameriquest Mortgage Company, assigned said Deed of Trust unto Deutsche Bank National Trust Company as Trustee of Ameriquest Mortgage Securities Inc. Asset Backed Pass Through Certificates, Series 2005-R10, under the pooling and servicing agreement dated as of November 1, 2005, without recourse, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 96 at Page 10; and

WHEREAS, on the 12th day of September, 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 447 at Page 336; 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 8th day of January, 2009, I will during the lawful hours of between 11:00 a.m. and 4:00 p.m., 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 9, Section 5, Township 4 South, Range 2 West, Marshall County Mississippi, in the Register's Office for Marshall County, Mississippi which plat reference is hereby made for a more particular description of said property.

Being the same property conveyed to Rodney Gaines and Danna Gaines by deed from Clay B. Byers and wife, Mamie L. Byers filed for record in Plat Book 332, Page 732, Register's Office for Marshall County Mississippi, dated 12/31/02.


I will only convey such title as is vested in me as Substitute Trustee

WITNESS MY SIGNATURE, this day November 12, 2008.

Emily Kaye Courteau

Substitute Trustee

2309 Oliver Road

Monroe, LA 71201

(318) 330-9020

KDR/F07-1943  

PUBLISH: 12-18-08/12-25-08/1-1-09

(51-01c)


SUBSTITUTE TRUSTEE'S NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on July 20, 2005, Dekater Dean executed and delivered a certain Deed of Trust unto Harrison & Bradley, Trustee for the benefit of Financial Freedom Senior Funding Corporation, a Subsidiary of Indy Mac Bank, F.S.B., 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 387, Page 528, and re-recorded in Book 393, Page 112; and

WHEREAS, the holder of said Deed of Trust substituted and appointed Nationwide Trustee Services, Inc., as Trustee in said Deed of Trust by instrument recorded in the Office of the aforesaid Chancery Clerk  Instrument 2008005606; and re-recorded in Instrument 2008005884; 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 January 15, 2009, 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 Holly Springs, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:

       

1 acre in the Southeast quarter of Section 13, Township 1 South, Range 4 West, Marshall County, Mississippi, described as:

Begin at a point 610 feet North of the Southeast corner of Section 13, Township 1, South, Range 4 West, Marshall County, Mississippi; thence, North 89 degrees 0 minutes, West 418.4 feet to a point; thence, North 1 degree 0 minutes East 104 feet to an iron pin; thence, South 89 degrees 0 minutes East 418.4 feet to center of County Road; thence, South 1 degree 0 minutes West along said center 104 feet to the point of beginning and containing 1 acre.

Being the same property conveyed previously by quit claim deed of record recorded in Book 272, Page 207, in the Chancery Clerk's Office of Marshall County, Mississippi.


Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.

WITNESS  MY  SIGNATURE,  this the 10th day of December, 2008

Christian Mayer

Christian Mayer, Vice President

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, Ga  30329

(770) 234-9181 ext

0811719MS

PUBLISH: 12/18/08,12/25/08,01/01/09,01/08/09

(51-01c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

MARTHA NELL DAVIS,         DECEASED

NO.  08-0661R

ROBERT DAVIS, ET AL.,           PLAINTIFFS

VS.

SHERRI D. ANDERSON AND THE         

UNKNOWN HEIRS AT LAW OF

MARTHA NELL DAVIS,                         DEFENDANTS

SUMMONS IN RULE 81 ACTIONS

TO: The UNKNOWN HEIRS OF MARTHA NELL DAVIS, whose places of residence and post office addresses are unknown after diligent search and inquiry.

You have been made a Defendant in the suit filed in this Court by Robert Davis, et al, Plaintiffs, seeking determination of heirs.  You are the only Defendants in this action.

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 the 13th day of February, 2009, in the courtroom of 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 15th day of December, 2008.

C.W. “CHUCK” THOMAS, CHANCERY CLERK

OF MARSHALL COUNTY, MISSISSIPPI

By Karen Cook, D.C.

Publish: Dec. 18, Dec. 25, 2008 and Jan. 1, 2009.

Jones & Schneller, PLLC

(51-01c)


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 April 28, 2008 executed by Maquetta D. Cunningham 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  the land records of the Clerk of the Chancery Court of Marshall County, Mississippi and filed as Instrument No. 2008002517; 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, January 9, 2009 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:


That 7 acre tract located in Section 5, Township 3 South, Range 3 West in Marshall County, Mississippi being Parcel No. 143-5-4.05 and being further described as part of that 50 acres conveyed in that Partition Deed filed on January 23, 2006 in Land  Book 362 at pages 787-804.


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 10th day of December, 2008.

William F. Schneller, Trustee

Publishing Dates: Dec. 18, 25, 2008 and Jan. 1, 8, 2009

(51-02c)


STATE OF MISSISSIPPI

COUNTY OF MARSHALL

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on October 4, 2002, BOBBY CLANTON and KATHY CLANTON, executed a Deed of Trust to William F. Schneller, Trustee, for the benefit of First State Bank, which Deed of Trust is filed for record in Deed of Trust Book 312, at Pages 695-699, in the office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, said Deed of Trust authorized the appointment and substitution of another Trustee in the place of the Trustee named in said Deed of Trust or subsequently substituted therein, and First State Bank, appointed and substituted J. Kizer Jones as Trustee therein, by instrument dated January 16, 2004, and duly filed for record January 20, 2004, at 2:56 P.M. in the office of the aforesaid Chancery Clerk in Book 347, at pages 63-64;  and

WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, First State Bank, having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney's fees, Trustee's fees and expense of sale;

NOW, THEREFORE, I, J. Kizer Jones, Trustee in said deed of trust, will on the 9th day of January, 2009, offer for sale at public outcry for cash to the highest bidder, and sell within legal hours  (Being between the hours of 11:00 A.M. and 4:00 P.M.) at the Front door of the County Courthouse at Holly Springs, County of Marshall, State of Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit:


Lots No. 1 and 2 of Arrington Subdivision of the East Half of Lot No. 298, according to the Plan of the City of Holly Springs, on Section 6, Township 4 South, Range 2 West, and according to Plat of Arrington Subdivision recorded in Plat File No. 41B of the records of the Clerk of the Chancery Court of Marshall County, Mississippi and including but not limited to one personal residence.


I WILL CONVEY only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this, the 1st day of December, 2008.

/S/ J. Kizer Jones

J. KIZER JONES, SUBSTITUTED TRUSTEE

PUBLISH: Dec.18, 25, 2008, Jan. 1 and 8, 2009.

(51-02c)


NOTICE OF

INTENTION TO DIVERT OR WITHDRAW

FOR BENEFICIAL USE

THE PUBLIC WATERS OF

THE STATE OF MISSISSIPPI

Notice is hereby given that on the 4th day of December 2008, Callicutt and SonFarms, 410 Cedar Hills Road, Holly Springs,MS 38635 filed applications (s)for permit to divert or withdraw the public waters of the state of Mississippi for beneficial use and being subject to the existing state water laws and regulations pertaining thereto, the following volume and rate of water from said water source for purpose of Irrigation use.

PERMIT#   VOLUME    RATE        WATER SOURCE

SW-10084  330 AF/Y 1200 GPM  Little Tallahatchie Canal

SW-10085 300 AF/Y 1200 GPM  Big Spring Creek

The points of diversion or withdrawal located in:

SE 1/4 of the NW 1/4 of Section 28, Township 6S, Range 2W, Marshall County

SE 1/4 of the SE 1/4 of Section 17, Township 6S, Range 2W, Marshall County

Any person, firm, association, or corporation, deeming that the granting of the above application will be truly detrimental to their rights to utilize the waters of said source, may protest in writing to the Permit Board of the State of Mississippi, C/O Charlotte Bryant-Byrd, P.O. Box 2309, Jackson, Mississippi 39225, setting forth all reasons why said application should not be approved. Letters of protest must be received within ten (10) days of this publication. If not protested, the permits will be issued on/after ten days following publication date.

If protested, the application(s) will be taken for consideration by the Permit Board of the State of Mississippi in its offices at 515 E Amite Street, Jackson, Mississippi, on or after, Tuesday, the 13th day of January 2009 at which time all interested persons may appear and be heard by the Permit Board.

OFFICE LAND LAND AND WATER RESOURCES

CBB

Charlotte Bryant-Byrd, RPG

Director, Division of Surface Water

(51c)












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