Legal Notices
SUBSTITUTE TRUSTEE’S NOTICE
OF SALE
WHEREAS, on September 25, 2006, David
L. Woods and Robin D. Woods, husband and wife executed a deed of trust
to Rob V. Budhwa, Trustee for the benefit of Mortgage Electronic
Registration Systems, Inc., as nominee for Fieldstone Mortgage Company,
which deed of trust is recorded in Deed of Trust Book 421 at Page 661
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 PLEDGED PROPERTY II, LLC, by instrument dated September
17, 2008, and recorded in Instrument Number 2008005358 of the records
of the aforesaid Chancery Clerk; and
WHEREAS, the aforesaid, PLEDGED
PROPERTY II, LLC, the holder of said deed of trust and the note secured
thereby, substituted James L. DeLoach as Trustee therein, as authorized
by the terms thereof, by instrument dated October 30, 2008 and recorded
in the office of the aforesaid Chancery Clerk in Instrument Number
2008006087; 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, PLEDGED PROPERTY II, LLC, 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
expense of sale;
NOW, THEREFORE, I, James L. DeLoach,
Substitute Trustee in said deed of trust, will on April 9, 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 steps of County Courthouses, in Holly Springs, at
Marshall County, State of Mississippi, the following described property
situated in the County of Marshall, State of Mississippi, to-wit;
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 3 SOUTH,
RANGE 4 WEST, MARSHALL COUNTY, MISSISSIPPI; THENCE N 83° 58' E,
2731 FEET TO THE POINT OF BEGINNING IN THE CENTER OF HOLLY
SPRINGS-HERNANDO ROAD; THENCE N 83° 58' E ALONG CENTER OF SAID
ROAD 70.0 FEET TO A POINT; THENCE S 7° 0' E, 420 FEET TO A
POINT; THENCE N 83° 58' E, 105 FEET TO A POINT; THENCE S
7° 0' E, 581 FEET TO A POINT; THENCE S 83° 58' W, 175
FEET TO THE WEST LINE OF TURNER H. LUTTRELL AND WIFE, 16.2 ACRE TRACT;
THENCE N 7° 0' W, ALONG SAID WEST LINE 1001 FEET TO THE POINT
OF BEGINNING AND CONTAINING 3.0 ACRES, LESS PUBLIC ROAD RIGHT-OF-WAY.
AKA 3 ACRE TRACT IN W PT. NW?, NE? DEED BK 242 PAGE 586; S/T/R 36-03-04
BLOCK; PPIN3 14013; PARCEL# 207-36-01300.
I WILL CONVEY only such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this the 10th day
of March, 2009.
James L. DeLoach
Substitute Trustee
Butler & Hosch, P.A.
13800 Montfort Drive, Suite 300
Dallas, Texas 75240
Telephone No.: (972) 233-2500
PUBLISH: March 19, 26, and April 02,
2009.
(12-14c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 21st day of October,
2005 and acknowledged on the 21st day of October, 2005, Gary Williams,
a married man as his sole and seperate property joined herein by
Antoinette N Williams aka Antoinette Williams, executed and delivered a
certain Deed of Trust unto MII Valley Title, Inc./J. Wood, Watkins,
Ludllam & Winters, PA, 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 395 at Page 110
and rerecorded in Book 396 at Page 347; and
WHEREAS, by various assignments on
record said Deed of Trust was ultimately assigned to U.S. Bank National
Association as Trustee for RASC 2006KS1 by instrument recorded in the
office of the aforesaid Chancery Clerk in Instrument # 2009001057; and
WHEREAS, on the 14th 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 #
2008004765; 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 9th day of April, 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 4, Church Street Station, Phase I,
situated in Section 35, Township 2 South, Range 5 West, Marshall
County, Mississippi as per plat recorded in Plat file 880A, Chancery
Clerk's Office, Marshall County, Mississippi.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day March
13, 2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sdr/F08-2197
PUBLISH: 3-19-09 / 3-26-09 / 4-2-09
(12-14c)
TRUSTEE'S NOTICE OF SALE
WHEREAS, on June 24, 2005, Elton
Tucker, Jr. (single), executed a Deed of Trust to W. Stewart Robison,
Trustee for Walter Mortgage Company, Beneficiary, which Deed of Trust
is recorded in Land Deed of Trust Book 387, at Page 04-07, in the
office of the Chancery Clerk of Marshall County, Mississippi;
AND WHEREAS, this Deed of Trust was
ultimately assigned to Mid-State Trust IV, a business trust and Walter
Mortgage Company, LLC, by instrument recorded in Instrument
#2009000749, in the office of the Chancery Clerk aforesaid;
AND WHEREAS, default having been made
in payment of the indebtedness secured by said Deed of Trust, and the
holder of the note and Deed of Trust having requested the undersigned
Trustee so to do, I will on the 13th day of April, 2009, 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 County Courthouse of
Marshall County, at Holly Springs, Mississippi, for cash to the highest
and best bidder, the following described land and property, situated in
Marshall County, Mississippi, to-wit:
A tract of land in the Northeast Quarter of the Southeast Quarter of
Section 9, Township 2 South, Range 4 West, Marshall County, Mississippi
and being more particularly described as follows: Commence at the
Northeast corner of the Southeast Quarter of the Southeast Quarter of
Section 9, Township 2 South, Range 4 West; thence West 603.44 feet to a
point; thence North 1.13 feet to a 1⁄2 inch rebar set, said
point being the point of beginning, thence South 2 degrees 31 minutes
45 seconds West, 208.71 feet to a point; thence North 88 degrees 09
minutes 13 seconds West, 208.71 feet to a 1⁄2 inch iron
re-bar set; thence North 2 degrees 31 minutes 27 seconds East 208.68
feet to a 1⁄2 inch iron re-bar set; thence South 88 degrees
09 minutes 43 seconds East 208.73 feet to the point of beginning. Said
tract containing 1.00 acre more or less.
Ingress-Egress Easement: A tract of
land to be used as an ingress-egress road easement in the Northeast
Quarter of the Southeast Quarter of Section 9, Township 2 South, Range
4 West, Marshall County, Mississippi and being more particularly
described as follows: Commence at the Northeast corner of the Southeast
Quarter of the Southeast Quarter; thence North 87 degrees 20 minutes 00
seconds West 40.00 feet to a point being the point of beginning; thence
South 2 degrees 11 minutes 20 seconds West along the West
right of way of the Victoria-Cayce Road 30.00 feet; thence North 87
degrees 01 minutes 23 seconds West 563.10 feet to a 1⁄2 inch
iron pin set; thence North 88 degrees 09 minutes 43 seconds West 208.73
feet to a 1⁄2 inch iron pin set; thence North 0 degrees 00
minutes 47 seconds East 30.00 feet; thence South 87 degrees 20 minutes
00 seconds East 772.94 feet to the point of beginning. Said
ingress-egress easement containing 0.50 acres more or less.
I will convey only such title as is vested in me as Trustee.
WITNESS MY SIGNATURE, this, the 11th
day of March, 2009.
/s/ W. Stewart Robison, Trustee
Publish: March 19, 26, April 2, and 9,
2009
South Reporter
ROBISON & HOLMES, SOLS.
(12-15c)
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 23, 2006, executed by Wayne Cook, Manager of Southern Brick
Company, LLC 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 Book405 page
418-427 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, April 10, 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:
TRACT I: (8598 Hwy 178, Byhalia, MS 5.588 acres) A 5.588 acre
tract of land in the Southwest Quarter of Section 26, Township 2 South,
Range 5 West, Town of Byhalia, Marshall County, Mississippi and being
more particularly described as follows: Commence at a 1/2" re-bar set
on the West side of Mississippi Highway 309, said point being the
Southeast Corner of Section 26, Township 2 South, Range 5 West; thence
West 4,107.53 feet; thence North 506.36 feet, to a 1/2" re-bar set on
the North right-of-way of Mississippi Highway 178, said point being the
POINT OF BEGINNING; thence N 47° 48' 09" W 150.00 feet, along
said right-of-way to a 1/2" re-bar set at the Southeast Corner of the
Town of Byhalia’s lot; thence N 42°11' 51" E 75.00
feet, to a 1/2" re-bar set at the Northeast Corner of said lot; thence
N 47° 48' 09" W 150.00 feet, to a 1/2" re-bar set at the
Northwest Corner of said lot; thence S 42° 11' 51" W 75.00
feet, to a 1/2" re-bar set on said highway right-of-way; thence N
47° 48' 09" W 387.91 feet, along said right-of-way to a 1/2"
re-bar set at the P.C. of a curve; thence N 41° 36' 51" E 10.00
feet, to a 1/2" re-bar set 60 feet from said centerline; thence along a
curve to the left with a delta angle of 03° 35' 21" having a
radius of 5692.61 feet and an arc length of 356.60 feet, with a chord
bearing and distance of N 50° 10' 52" W 356.54 feet, along said
right-of-way to a 1/2" re-bar set; thence S 38° 01' 30" W 10.00
feet, to a 1/2" re-bar set, said point being 50 feet from said
centerline; thence along a curve to the left with a delta angle of
04° 37' 45" having a radius of 5682.61feet and an arc length of
459.12 feet, with a chord bearing and distance of N 54° 17' 21"
W 459.00 feet, along said right-of-way to a 1/2" re-bar set on the West
line of Section 26; thence N 0° 46' 32" E 23.88 feet, along
said section line to a 1/2" re-bar set on the South right-of-way of the
Burlington Northern Santa Fe Railroad right-of-way; thence S
63° 42' 58" E 1492.52 feet, along said right-of-way to a 1/2"
re-bar set; thence S 29° 40' 40" W 369.30 feet, along the
centerline of Trunkline Natural Gas Company’s 26" gas main to
the POINT OF BEGINNING. Said tract containing 5.588 acres
more or less (243,400 sq. ft.).
TRACT II: ( Leasehold (manufacturing
facility) interest only) (Brick plant - 8598 Hwy 178 Byhalia, MS )
4.3159 acre tract of land in the Southwest Quarter of Section 26,
Township 2 South, Range 5 West, Town of Byhalia, Marshall County,
Mississippi and being more particularly described as follows: Commence
at a 1/2" re-bar set on the West side of Mississippi Highway 309, said
point being the Southeast Corner of Section 26, Township 2 South, Range
5 West; thence West 4107.53 feet; thence North 506.36 feet to a 1/2"
re-bar set on the North right-of-way of Mississippi Highway 178, said
point being at the point where Trunkline Gas Company’s 26"
natural gas line intersects said right-of-way, said point being the
POINT OF BEGINNING; thence N 29° 40' 40" E 369.30 feet, along
said centerline of the 26" natural gas pipe line to a 1/2" re-bar set
on the South right-of-way of Burlington Northern Santa Fe Railroad;
thence S 63° 42' 58" E 323.36 feet, along said right-of-way to
a 1/2" re-bar set next to a fence corner; thence S 5° 00' 36" W
563.82 feet, to a 1/2" re-bar set on the North right-of-way of
Mississippi Highway 178; thence N 47° 48' 09" W 571.70 feet,
along said right-of-way to the POINT OF BEGINNING. Said tract
containing 4.3159 acres more or less (188,001 sq. ft.).
TRACT III: (8598
Hwy 178 Byhalia, MS - 58 1/2 aces land) All of that certain tract
described as 58-1/2 acres, more or less, in the Southwest Quarter of
Section 26, Township 2 South, Range 5 West, more particularly described
as beginning at a point on the northern boundary line of said quarter
section 60 rods west of the northeast corner of said quarter section
and running thence directly South to a stake on the old Bankhead
Highway 12 rods and 18 links directly north of the southern boundary
line of said quarter section and run thence North 47° West with
the said old road to its intersection with the West boundary line of
said Section 26; thence North with said western boundary line to a
certain 4 acre tract in said quarter formerly known as the Mrs. Lou
McClellan lot; thence East with the southern boundary line of said 4
acre tract to its Southeast corner; thence North with the East boundary
line of said 4 acre tract to the Southwest corner of a one acre tract
conveyed to the Trustees of St. Matthew colored Church by deed recorded
in Book 76, page 432; thence East with the Southern boundary line of
said one acre tract to its Southeast corner; thence North with the East
boundary line of said one acre tract to the northern boundary line of
said section; thence East along the North boundary line of said quarter
section to the point of beginning, being the same land conveyed by
Henry A. Echols to G. H. Simpson by deed recorded in Book 76, page 509,
LESS AND EXCEPT the following: A certain right of way of Highway No.
U.S. 78 as now located; and ALSO LESS AND EXCEPT the right-of-way
conveyed to Trunkline Gas Supply Company by deed recorded in Book 87,
page 358, and ALSO LESS AND EXCEPT the certain lot and easement
conveyed to the Town of Byhalia by deed recorded in Book 90, page 5,
reference to all of which instruments is hereby made for the purpose of
a more full description, it being the intention to convey all of the
land owned by G. H. Simpson at the time of his death in said section
except two acres, more or less, conveyed to G. H. Simpson by A. M.
McAuley by deed recorded in Book 83, page 107, ALSO LESS AND EXCEPT
that portion of the above land which was deeded to Marshall County,
Mississippi, by W. H. Glover, as trustee for the Southern Brick and
Tile Company of Byhalia, Mississippi, as shown in Record Book 90, page
88.
TRACT IV: (Pidgeon Roost Road/Church St
- 26.11 acres land) Beginning at a point, said point being where the
South line of the Pidgeon Roost Road (50 feet wide) intersects the
centerline of the Byhalia Creek Drainage Canal; thence South 20 degrees
West with the center line of the Byhalia Creek Drainage Canal 16.57
chains to a point; thence South 85 degrees 30 minutes West 8.93 chains
to a point in Bunt Ditch; thence with Bunt Ditch North 0 degrees 15
minutes West 0.59 chains; thence North 12 degrees 45 minutes West 5.00
chains; thence North 14 degrees 15 minutes West 9.40 chains; thence
North 15 degrees 40 minutes West 7.00 chains to a point in the South
line of the Pidgeon Roost Road; thence South 75 degrees 45 minutes East
20.46 chains to the point of beginning, and containing 26.11 acres of
land in Section 36, Township 2 South, Range 5 West, Marshall County,
Mississippi.
LESS AND EXCEPT: Commencing at a point
which is 286 feet East of and 96.3 feet South of the intersection of
the centerlines of Old U.S. Highway 78 and Sigman Street, in the Town
of Byhalia, Mississippi, said point being in the centerline of said old
Highway 78; thence run South 70° 00' East along the center of
said Highway for a distance of 230.0 feet; thence run South 72°
54' East along the center of said Highway for a distance of 858.89
feet; thence run South 15° 44' 43" West for a distance of 50.0
feet to the point of beginning; thence run South 74° 15' 17"
East for a distance of 50.0 feet; thence run South 15° 44' 43"
West for a distance of 50.0 feet; thence run North 74° 15' 17"
West for a distance of 50.0 feet; thence run North 15° 44' 43"
East for a distance of 50.0 feet to the point of beginning; all lying
and being in the Northwest Quarter of Section 36, Township 2 South,
Range 5 West, Marshall County, Mississippi.
TRACT V: (Pidgeon Roost Road/ Church St
- 1/2 acre land ) Also, one-half acre, more or less, described as
beginning at the Northeast of the Southern Brick & Tile Co.
Lot; running thence Southeastwardly with the old Pidgeon Roost Road
approximately 75 feet, more or less; thence South along the West line
of the above described 26.11 acres 240 feet, more or less; thence
Northwestwardly 150 feet, more or less; thence North 230 feet, more or
less, to the point of beginning, and being part of the property owned
by A. H. Fuller that was purchased from Miss Mary Sidney Sigman, and
being in the city limits of the Town of Byhalia, in Section 36,
Township 2 South, Range 5 West, Marshall County, Mississippi.
TRACT VI: (Deer Creek Road - 41.99
acres land) Commence at the Northeast Corner of the Northeast Quarter
(NE 1/4) of Section 20, Township 2 South, Range 4 West, Marshall
County, Mississippi; said corner being in Public Road; thence with said
road and the North line of said Northeast Quarter run West for a
distance of 1,270.0 feet to a point; said point being the point of
beginning for herein described parcel; thence leaving said road run S
01 degrees 00 minutes E for a distance of 1320.4 feet to a steel post;
thence run S 22 degrees 36 minutes W for a distance of 130.0 feet to a
steel post; thence run S 01 degrees 00 minutes W for a distance of
1200.0 feet to a steel post; thence run S 89 degrees 15 minutes W for a
distance of 1322.1 feet to a steel post; thence run North for a
distance of 1320.0 feet to a steel post on fence line; thence with said
fence line run N 89 degrees 15 minutes E for a distance of 1343.0 feet
to a fence corner; thence with fence line run N 01 degrees 00 minutes W
for a distance of 1320.0 feet to a point in Public Road and on the
North line of the Northeast Quarter; thence with said line run East for
a distance of 50.0 feet to the point of beginning, containing 41.99
acres more or less.
TRACT VII: (Wall Hill Road - 32.95
acres land) Commencing at the Northeast corner of Section 30, Township
4, Range 4 West, Chickasaw Cession; thence South 89° 03' 19"
West 503.93 feet along the North line of said Section to an iron pin
being the point of beginning and the Northeast corner of the described
tract; thence South 89° 03' 19" West 340.49 feet to an iron pin
(which point is also the Northeast corner of the Shell Pipeline tract
described by deed in Book 113, Page 645); thence South 2° 47'
18" East 451.91 feet to an iron pin at the Southeast corner of the
Shell Pipeline 4.65 acre tract; thence South 86° 44' 41" West
540.00 feet to an iron pin; thence South 87°25' 34" West 169.61
feet to an iron pin in the South line of the Cathey 3 acre tract as
described by deed in Book 142, Page 167; thence South 01° 33'
18" East 1,336.26 feet to an iron pin; thence North 89° 03' 19"
East 950.19 feet to an iron pin; thence North 01° 33' 18" West
with the West line of the Strickland Chapel and the M. C. Mims 21.5
acre tract a distance of 1,810.93 feet to the point of beginning,
containing 32.95 acres, more or less, located in the Northeast Quarter
of said Section. All bearings referenced to true North.
TRACT VIII: (Wall Hill Road - 2.11
acres land) Commencing at the Northeast corner of Section 30, Township
4, Range 4 West, Chickasaw Cession; thence South 01° 33' 18"
East 2,054.46 feet along the East line of said Section to an iron pin,
being the point of beginning and the Northeast corner of the described
tract; thence South 89° 03' 19" West with the South line of the
Sylvester Jones 2 acre tract 467.78 feet to an iron pin; thence North
01° 33' 18" West with the West line of the Jones tract 196.00
feet to an iron pin; thence South 89°03' 19" West 36.15 feet to
an iron pin; thence North 01° 33' 18" West 47.43 feet to an
iron pin in the Southeast corner of Tract VII described above; thence
with the South line of Tract VII South 89° 03' 19" West 100.00
feet to an iron pin; thence South 01° 33' 18" East 343.53 feet
to an iron pin thence North 89° 03' 19" East 603.93 feet to an
iron pin in the East line of said Section; thence with the East line of
the Section North 01° 33' 18" West 100.00 feet to the point of
beginning, containing 2.11 acres, more or less, located in the
Northeast Quarter of said Section. All bearings referenced to
true North.
TRACT IX: (Highway 309 South 11.70
acres land) Commencing at the Northeast corner of Section 30, Township
4, Range 4 West, Chickasaw Cession; thence South 01° 33' 18"
East 2,804.46 feet along the East line of said Section to an iron pin,
being the point of beginning and the Northeast corner of the described
tract; thence South 01° 33' 18" East 1,148.61 feet to an iron
pin; thence South 88° 58' 54" West 1,048.91 feet to an iron
pin; thence North 03° 59' 27" West 300.40 feet to an iron pin
in the East line of Tract X hereafter described; thence North
88° 58' 54" East 811.67 feet to an iron pin; thence North
01° 33' 18" West 697.65 feet to an iron pin; thence North
57° 42' 55" East 290.84 feet to the point of beginning,
containing 11.70 acres, more or less, located in the Southeast Quarter
of said Section. All bearings are referenced to true North.
TRACT X: (Wall Hill Road/Hwy 309 S -
37.41 acres land) Commencing at the Northeast corner of Section 30,
Township 4, Range 4 West, Chickasaw Cession; thence South 01°
33' 18" East 3,953.07 feet along the East line of said Section to an
iron pin; thence South 88° 58' 54" West 1,048.91 feet along the
South line of the Northeast Quarter of the Southeast Quarter of said
Section to an iron pin, being the point of beginning; thence North
03° 59' 27" West 1,573.14 feet to an iron pin, being the
Northeast corner of the described tract; thence South 86° 36'
49" West 619.74 feet to an iron pin; thence South 02° 46' 52"
East 801.47 feet to an iron pin; thence South 87° 50' 03" West
500.12 feet to an iron pin; thence South 01° 33' 38" East
1,025.40 feet to an iron pin; thence North 89° 03' 21" East
898.11 feet to an iron pin; thence North 01° 33' 17" West
292.21 feet to an iron pin; thence North 88° 58' 54" East
271.09 feet to the point of beginning, containing 37.41 acres, more or
less, located in the Northeast and the Southeast Quarters of said
Section. All bearings referenced to true North.
TRACT XI: (1665 Hernando Road/Holly
Springs, MS - 13.333 acres land) 13.3333 acres, more or less, being a
strip of land of uniform width measuring 2640 feet, more or less, North
and South, and 220 feet, more or less, East and West, being the West
side of the Northeast Quarter of Section 2, Township 4 South, Range 3
West, Marshall County, Mississippi.
TRACT XII: (1665 Hernando Road, Holly
Springs, MS - 154.8 acres land) Begin at an iron pipe on the East line
of the West Half of Section 2, Township 4 South, Range 3 West, Marshall
County, Mississippi, said pipe being 323.5 feet South of an iron pipe
and sand rock corner on the Northeast corner of the Southwest Quarter
of said Section 2; thence from said corner run West (Mag. Var.
4° 30' East) 1543.2 feet to an iron pipe; thence run North
1969.7 feet to an iron pipe corner; thence run West 1526.8 feet to an
iron pipe corner; thence run North 1080.9 feet to an iron pipe on the
North line of Section 3, Township 4 South, Range 3 West, said pipe
being 367.1 feet West of the Northeast corner of said Section 3; thence
run North 05° 17' East 2610.3 feet to an iron pipe on the South
line of Lees Road; thence run North 84° 24' East along the
South line of said road, 92.0 feet to an iron pipe on the East line of
Section 34, Township 3 South, Range 3 West; thence run South
00° 46' East along the East line of said Section for a distance
of 2608.4 feet to an iron pipe on the Southeast corner of said Section
34; thence run Easterly along the North line of Section 2, Township 4
South, Range 3 West, to the Northeast corner of the West Half of said
Section 2; thence run Southerly along the East line of the West Half of
said Section 2, to the point of beginning and containing 154.8 acres,
more or less, located in Section 2 and 3, Township 4 South, Range 3
West; and Section 34, Township 3 South Range 3 West, 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 5th
day of March, 2009.
William F. Schneller, Trustee
Publishing Dates:
March 19, 26, April 2, 9, 2009
(12-15c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 19th day of October,
2005 and acknowledged on the 19th day of October, 2005, Debra A. Ripic,
A Single Woman, executed and delivered a certain Deed of Trust unto
Recon Trust Company, N.A., 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 394 at Page 98;
and
WHEREAS, on the 3rd day of March, 2009,
Mortgage Electronic Registration Systems, Inc., assigned said Deed of
Trust unto Countrywide Home Loans Servicing, L.P., by instrument
recorded in the office of the aforesaid Chancery Clerk in Instrument
#2009001016; and
WHEREAS, on the 3rd day of March, 2009,
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 # 2009001036;
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 9th day of April, 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 36, South Slayden Farms, Phase II, being 4.06 acres located in
Section 19, Township 2 South, Range 2 West, Marshall County
Mississippi, all according to Plat File 1014B filed for record in the
office of the Marshall County Chancery Clerk.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day March
16, 2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sdr/F09-0515
PUBLISH: 3-19-09 / 3-26-09 / 4-2-09
(12-14c)
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
June 9, 2008 executed by Kelsey Paden 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 recorded as Instrument No. 2008003801; 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, April 10, 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:
One (1) acre in the Northeast corner of the South part of the North
Half of the Southeast Quarter of Section 5, Township 6, Range 1 West
lying on the east side of the public road described as: One acre in the
northeast corner of the 30 acres beginning at the Foresters line, going
west 160 feet to the beginning point; thence West 222 feet; thence
South 198 feet; thence East 222 feet; thence North 198 feet, to the
beginning point containing one acre more or less being in Section 5,
Township 6 South, Range 1 West Marshall County, Mississippi.
Source Deed: This is the same land and
property as conveyed to Marcus Paden, Sr a one half interest and Kelsey
Paden, her grandson a one half interest by Warranty Deed from Rheola P.
Smith dated August 16, 1991 and recorded in Land Deed Book 241 at page
572 in the office of the Chancery Clerk of Marshall County, Mississippi.
Rheola P. Smith reserved the right of
use and occupancy of the above described land during her natural life.
Said land not to be sold until Kelsey Paden, the grandson, became 25
years of age. Rheola P. Smith died on January 3, 1997, Marcus Paden,
Sr. died on January 17, 2001 leaving his one half interest to his heirs
at law.
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.
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 17th
day of March, 2009.
William F. Schneller, Trustee
Publishing Dates: March 19, 26, April
2, 9, 2009
(12-15c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 23rd day of March,
2004, and acknowledged on the 24th day of March, 2004, Joseph Osborn
and Joann Osborn, husband and wife, executed and delivered a certain
Deed of Trust unto Don Harell, 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 356 at Page 137;
and
WHEREAS, on the 10th day of February,
2009, Mortgage Electronic Registration Systems, Inc., assigned said
Deed of Trust unto Wells Fargo Bank, NA, by instrument recorded in the
office of the aforesaid Chancery Clerk in Instrument #2009000595; and
WHEREAS, on the 11th day of February,
2009, 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 #
2009000741; 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 9th day of April, 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 37, Victoria Plantation, situated in Section 15, Township 3 South,
Range 4 West, Marshall County, Mississippi as per plat thereof recorded
in plat file 878, Page AB, in the Office of the Chancery Clerk of
Marshall County, Mississippi. Property acquired by Warranty Deed dated
08/16/02 in conveyance records at 329/404 in Marshall County,
Mississippi. Manufactured home: Year 2002: Make Patriot: Serial
1SRP17663AA
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day March
11, 2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
cls/F09-0396
PUBLISH: 3-19-09, 3-26-09, 4-2-09
(12-14c)
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
WHEREAS, on February 22, 2007 Charles
W. Lloyd, An Individual Person executed a certain Deed of Trust to
Matthew Daniels, Trustee for Clayton Bank and Trust, Knoxville West
Organized and Existing Under the Laws of the State of Tennessee
beneficiary, which Deed of Trust was recorded in the office of the
Chancery Clerk of Marshall County, Mississippi, in Book 434 at Page
218; and,
WHEREAS, Clayton Bank & Trust
the present owner of the indebtedness and holder of the above described
Deed of Trust, appointed Jeff D. Rawlings in the place and stead of
Matthew Daniels or any subsequently appointed substituted trustee, said
Substitution of Trustee being recorded in the office of the Chancery
Clerk of said County by Instrument No. 2009001023; 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, Clayton Bank and
Trust, 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 expenses of sale.
NOW, THEREFORE, I, Jeff D. Rawlings,
Substituted Trustee in said Deed of Trust, will on the 14th day of
April, 2009, 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, located at 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:
Farm No. 28 of Meadowview Farms Subdivision of Section 10, Township 3
South, Range 4 West, according to plat of record in Plat File No. 408B,
in the Chancery Clerk’s Office of Marshall County,
Mississippi.
This being the same property
being conveyed to Charles W. Lloyd from Johnny Heaston and wife, Wanda
L. Heaston by Warranty Deed dated March 7, 2006 recorded March 8, 2006
in Book 364 Page 113 in the Chancery Clerks Office of Marshall County,
Mississippi.
Parcel ID # 202-10-166.00
Property also known as: Lot
28, Meadow View Farms, Marshall County, Mississippi.
INCLUDING THE FOLLOWING MANUFACTURED
HOME:
2002 Southern Serial No. DSDAL36846AB
I WILL CONVEY only such title as is
vested in me as Substituted Trustee.
WITNESS MY SIGNATURE, this the 11th day
of March, 2009.
Jeff D. Rawlings, Substituted Trustee
for
Clayton Bank and Trust
Dates of Publication: March 19, 26,
April 2, 9, 2009
Jeff Rawlings
Rawlings & MacInnis
P.O. Box 1789
Madison, Ms. 39130
601-898-1180
(12-14c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
TRUSTEE’S NOTICE OF SALE
WHEREAS, on October 31, 2002,
Lighthouse Plastics, LLC, executed a Deed of Trust to Kent E. Smith,
Trustee, for the benefit of Marshall County Board of Supervisors, which
Deed of Trust is filed for record in Book 316, at Pages 686-694, 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, Marshall County Board of Supervisors, 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, Kent E. Smith,
Trustee in said deed of trust, will on the 10th day of April,
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 South door of the County Courthouse in Holly Springs,
Marshall County, Mississippi, the following described property situated
in Marshall County, Mississippi, to-wit:
BEGINNING at a point which lies 839.40 feet North and 1460.18 feet East
of the Southwest corner of Section 5, Township 4 South, Range 2 West,
Marshall County, Mississippi; thence run South 89 degrees 20 minutes 59
seconds East 237.73 feet to a stake; thence run North 00 degrees 59
minutes 08 seconds East 125.00 feet to a stake; thence run South 89
degrees 25 minutes 26 seconds East 210.90 feet to a stake; thence run
North 00 degrees 58 minutes 44 seconds East 375.18 feet to a stake on
the South line of Neely Avenue; thence run South 89 degrees 00 minutes
36 seconds East, along said avenue, 50.00 feet to a stake; thence run
South 00 degrees 58 minutes 44 seconds West 200.00 feet to a stake;
thence run South 89 degrees 00 minutes 36 seconds East 81.52 feet to a
stake; thence run South 23 degrees 31 minutes 30 seconds East along
electric power line, 324.54 feet to a power pole; thence run South 30
degrees 36 minutes 08 seconds West along said electric power line,
1111.75 feet to a stake on the North line of Industrial Park Road;
thence run South 68 degrees 44 minutes 40 seconds West, along said
road, 151.22 feet to a stake; thence run North 00 degrees 26 minutes 45
seconds West 1016.27 feet to the point of beginning and containing
11.70 acres, all as more fully shown and described upon that certain
plat and survey thereof prepared by Freddie C. Johnson, registered land
surveyor, under date of April 22, 1980, found recorded in Plat File 644
A in the records of the Office of the Chancery Clerk of Marshall
County, Mississippi and which 11.70 acre tract of land now conveyed is
subject to certain public utility easements as shown upon such plat,
the same being incorporated herein by reference.
ALSO:
STARTING at the Northwest corner of
Holly Springs Industrial Park as shown on plat of said Industrial Park
as recorded in Plat Book No. 5, at pages 85 and 86, and filed for
record in the office of the Chancery Clerk, Marshall County,
Mississippi, thence South 21 degrees 15 minutes West a distance of
449.50 feet to a point; said point being the point of beginning for the
survey of the land herein described, thence run South 78 degrees 36
minutes East a distance of 704.85 feet to a point; thence run South 00
degrees 02 minutes East a distance of 469.46 feet to a point; thence
run South 69 degrees 04 minutes West a distance of 198.00 feet to a
point; thence run North 44 degrees 54 minutes West a distance of 343.72
feet to a point; thence run North 66 degrees 54 minutes West a distance
of 404.58 feet to a point; thence run North 21 degrees 15 minutes East
a distance of 297.26 feet to the point of beginning, and being situated
on Sections 5 and 8 of Township 4 South, Range 2 West, in Marshall
County, Mississippi, and containing 8.11 acres, more or less. Said
lands are more fully shown described and depicted upon that certain
plat and survey thereof filed for record in the office of the
Chancery Clerk of Marshall County, Mississippi and duly recorded
therein in Plat Book 9, at page 10, direct reference to which is hereby
made.
ALSO:
A tract of land in the S.W. 1/4 of
Section 5, Township 4 South, Range 2 West and the N.W. 1/4 of Section
8, Township 4 South, Range 2 West, City of Holly Springs, Marshall
County, Mississippi and being more particularly described as follows:
COMMENCE at a 1/2” re-bar set on the east r/w of Mississippi
Central Railroad, said point being 667.02 feet east and 148.40 feet
north of S.W. Corner of Section 5, Township 4 South, Range 2 West, said
point being the POINT OF BEGINNING; thence run South 67 degrees 43
minutes 44 seconds East 404.06 feet to a 1/2” re-bar set;
thence South 44 degrees 33 minutes 34 seconds East 60.00 feet to a
1/2” re-bar set; thence North 85 degrees 28 minutes 51
seconds West 477.53 feet to a 1/2” re-bar set on said
railroad r/w; thence North 20 degrees 46 minutes 15 seconds East 169.26
feet along said r/w to the POINT OF BEGINNING.
Said Tract containing 1.0002 acres
(43,567 square feet) more or less.
All according to that survey prepared
by Donald Hollingsworth, LS# 2525 dated March 22, 1999.
6.90 acres more or less being the North
part of the Holly Springs Industrial Park in Sections 5 and 8, Township
4 South, Range 2 West, City of Holly Springs, Marshall County,
Mississippi and being more particularly described as follows:
COMMENCE at a point on the East
right-of-way of the Natchez Tract Railroad said point being 667.02 feet
East 148.40 feet North of the Southwest corner of Section 5, Township 4
South, Range 2 West, thence North 20 degrees 46 minutes 15 seconds East
along said right-of-way of railroad 297.26 feet to the Point of
Beginning; thence South 79 degrees 00 minutes 14 seconds East along the
North line of Mulay Plastics’s property 704.97 feet to an
iron pin set, thence North 00 degrees 26 minutes 50 seconds West 547.54
feet to an iron pin set on the South line of Holly Meadows Subdivision;
thence North 89 degrees 13 minutes 00 seconds West along said South
line 528.40 feet to a point on the East right-of-way of said railroad;
thence South 20 degrees 46 minutes 15 seconds West along said
right-of-way 449.49 feet to the Point of Beginning.
Said tract containing 6.90 acres more
or less.
All according to survey by Don
Hollingsworth LS# 2525 on the ____ day of March, 2009.
I WILL CONVEY only such title as is vested in me as Trustee.
WITNESS MY SIGNATURE this the ____ day
of July, 2008.
KENT E. SMITH, Trustee
SMITH WHALEY, PLLC
POST OFFICE DRAWER 849
HOLLY SPRINGS, MS 38635
PUBLISH: March 19, 26, April 2
& 9, 2009.
(12-15c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
NOTICE TO BIDDERS
The Marshall County Board of Supervisors will receive sealed bids in
the office of the County Administrator, Post Office Box 219, Holly
Springs, Mississippi 38635, until 10:00 A.M., Monday April 20, 2009 and
thereafter publicly open them for the following:
Hot Mix Asphalt
Cold Mix Asphalt
CRS-2 and CRS-2P
AE-P Prime Asphalt
AE- 1 Prime Asphalt
AE- 3 Prime Asphalt
MC-70 Asphalt Cement
MC-1 Asphalt Cement
State Aid Specification SC-1
to 12.5 mm Hot Mix Asphalt
State Aid Specification BB-1 to 25.0
mm Hot Mix Asphalt
All other vendor formulas with
specifications and use information.
Bid prices will be for a period of 12 months, April 20, 2009 until
April 20, 2010.
Specifications may be obtained by
calling the County Administrators office at 662-252-7903.
The Board reserves the right to reject
any and all bids and to waive any and all formalities in the best
interest of the County.
This the 16th day of March, 2009.
Larry Hall
County Administrator
(12-13c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 14th day of August,
2003 and acknowledged on the 14th day of August, 2003, Gerlean Freeman
and Spouse, Enfice Freeman, executed and delivered a certain Deed of
Trust unto Don W. Ledbetter, Trustee for Available Mortgage Funding,
LLC., 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 336 at Page 630; and
WHEREAS, by various assignments on
record said Deed of Trust was ultimately assigned to The Bank of New
York Mellon Trust Company, National Association fka The Bank of New
York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as
Trustee for RASC 2003KS9 by instrument recorded in the office of the
aforesaid Chancery Clerk in Instrument # 2009000995; and
WHEREAS, on the 18th day of June, 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 # 2008003726;
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 9th day of April, 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:
Land situated in Marshall County Mississippi to wit:
Commencing at the Northwest corner of
Section 13, Township 2 South, Range 3 West, running thence South 6
degrees 22 minutes East, 39 chains and 32 links to a point, said point
being the point of beginning for the land hereby described; running
thence South 6 degrees 22 minutes East 5 Chains and 80 links to a
point; thence North 84 degrees 20 minutes East, 14 chains and 88 links
to a point on the North boundary of the public road; thence in a
Northeasterly direction with the North boundary of said public road 6
chains to a point; thence South 84 degrees 20 minutes West, 16 chains
and 27 links to the point of beginning. The above described tract
contains 9 acres more or less.
Being the same property conveyed to
grantor, Gerlean Freeman, herein by Warranty Deed dated August 30, 1997
and filed for record November 6, 1997 at Book 288, Page 116, at the
Chancery Clerk Office of Desoto County, Mississippi.
Also being the same property conveyed
to grantor, Gerlean Freeman and Enfice Freeman, herein by Warranty Deed
of record Book 318, Page 124, dated June 1, 2001, filed June 4, 2001,
in the Chancery Clerk's Office of Marshall County
Mississippi. Also being the same property conveyed to Gerlean
Freeman, herein by Warranty Deed of Record at Book 288, Page 116, dated
August 30, 1997, filed November 6, 1997, the Chancery Clerk's Office of
Marshall County Mississippi.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day March
10, 2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sdr/F08-1558
PUBLISH: 3-19-09 / 3-26-09 / 4-2-09
(12-14c)
Notice of Public Hearing
The Mayor and Board of Aldermen of the
Town of Byhalia, Mississippi, will hold a public hearing at its regular
meeting on the 7th of April, 2009 at 5:30 p.m. at the Town Hall
regarding final adoption of the following, to-wit:
1. Byhalia Site and Building Design Standards
2. Town of Byhalia, Mississippi
Development Code
3. An Ordinance to Create a
Preservation Commission:To establish the membership, officers, terms of
office of its members and duties of such commission; providing a
procedure for adoption of ordinances to establish historic districts
and to designate archaeological, architectural, cultural and historical
landmarks and landmark sites; providing that the preservation
commission shall serve as a review body to review proposed work in
historic districts and on landmarks and landmark sites; providing the
criteria for evaluating a proposed activity; providing standards and a
procedure to prevent demolition of landmarks by intent or neglect;
providing a procedure for the issuance of certificates of
appropriateness and related purposes.
At this meeting, these ordinances may be adopted and implemented by the
Mayor and Board. Persons interested or wishing to comment are invited
to attend the meeting. Draft material may be requested from Town Hall.
This the 3 day of March, 2009.
Teresa Turner
Teresa Turner, City Clerk
(12-13c)
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
WHEREAS, on May 04, 2005, Rexford J.
Burks, and his wife, Dacia R. Burks, executed a Deed of Trust to Janet
Hampton, Trustee for the use and benefit of Mortgage Electronic
Registration Systems, Inc., which Deed of Trust is on file and of
record in the office of the Chancery Clerk of Marshall County,
Mississippi, in Deed of Trust Record Book 382 at Page 63, thereof; and
WHEREAS, said Deed of Trust was
assigned to Countrywide Home Loans Servicing, LP, by assignment on file
and of record in the office of the aforesaid Chancery Clerk as
Instrument No. 2008006774 thereof; and
WHEREAS, the legal holder of the said
Deed of Trust and the note secured thereby, substituted Lem Adams, III,
as Trustee therein, as authorized by the terms thereof, by instrument
recorded in the office of the aforesaid Chancery Clerk as Instrument
No. 2008006778, thereof; and
WHEREAS, default having been made in
the performance of the conditions and stipulations as set forth by said
Deed of Trust, and having been requested by the legal holder of the
indebtedness secured and described by said Deed of Trust so to do,
notice is hereby given that I, Lem Adams, III, Substitute Trustee, by
virtue of the authority conferred upon me in said Deed of Trust, will
offer for sale and will sell at public sale and outcry to the highest
and best bidder for cash, during the legal hours (between the hours of
11 o'clock a.m. and 4 o'clock p.m.) at the South front door of the
Marshall County Courthouse at Holly Springs, Mississippi, on the 9th
day of April, 2009, the following described land and property being the
same land and property described in said Deed of Trust, situated in
Marshall County, State of Mississippi, to-wit:
A tract of land located in the Northeast Quarter of Section 25,
Township 4 South, Range 2 West, Marshall County, Mississippi, and being
more particularly described as follows, to-wit:
Commence at a 4 inch X 4 inch concrete
monument found at the Southwest Corner of Northeast Quarter of Section
25, Township 4 South, Range 2 West, Marshall County, Mississippi; run
thence North 89 degrees 51minutes 15 seconds East 1730.19 feet to a
1/2" rebar set; said point being the POINT OF BEGINNING; run thence
North 00 degrees 07 minutes 55 seconds East 400.00 feet to a 1/2" rebar
set; run thence North 89 degrees 51 minutes 14 seconds East 255.77 feet
to a point in Joe Cox Road; (said point referenced by a 1/2" rebar set
at 27.00 feet back on line); run thence along said road the following
calls: South 15 degrees 49 minutes 08 seconds East 93.60 feet to a
point; South 21 degrees 20 minutes 35 seconds East 156.81 feet to a
point; South 22 degrees 03 minutes 37 seconds East 106.19 feet to a
point; South 26 degrees 25 minutes 28 seconds East 72.67 feet to a
point; run thence South 89 degrees 51 minutes 14 seconds West leaving
Joe Cox Road (passing through a 3/8" rebar found at 20.00 feet on line)
for a distance of 411.50 feet to the POINT OF BEGINNING. Said tract
containing 3.00 acres, more or less.
Title to the above described property is believed to be good, but I
will convey only such title as is vested in me as Substitute Trustee.
WITNESS my signature, on this the 11th
day of March, 2009.
LEM ADAMS, III
SUBSTITUTE TRUSTEE
PREPARED BY: ADAMS & EDENS
Foreclosure Department
POST OFFICE BOX 400
BRANDON, MISSISSIPPI 39043
(601) 825-9508
A&E File #20928
PUBLISH: March 19, 26, April 2, 2009
(12-14c)
SUBSTITUTE TRUSTEE’S NOTICE OF SALE
WHEREAS, on November 5, 1999, Antonio
D. Austin and wife, Clara Curry Austin, executed a Deed of Trust to
Everett L. Anschutz, Jr., Trustee for the use and benefit of Mortgage
Maker Funding, Inc., which Deed of Trust is on file and of record in
the office of the Chancery Clerk of Marshall County, Mississippi, in
Deed of Trust Record Book 258 at Page 197, and re-recorded in Book 259
at Page 663 thereof; and
WHEREAS, said Deed of Trust was
ultimately assigned to Bank of America, National Association as
successor by merger to LaSalle Bank National Association as Trustee for
certificateholders of EMC Mortgage Loan Trust 2005-A, Mortgage Loan
Pass-Through Certificates, Series 2005-A, by assignment on file and of
record in the office of the aforesaid Chancery Clerk of Marshall
County, Mississippi, as Instrument No. 2009000840 thereof; and
WHEREAS, the legal holder of the said
Deed of Trust and the note secured thereby, substituted Lem Adams, III,
as Trustee therein, as authorized by the terms thereof, by instrument
recorded in the office of the aforesaid Chancery Clerk as
Instrument No. 2009000859, thereof; and
WHEREAS, default having been made in
the performance of the conditions and stipulations as set forth by said
Deed of Trust, and having been requested by the legal holder of the
indebtedness secured and described by said Deed of Trust so to do,
notice is hereby given that I, Lem Adams, III, Substitute Trustee, by
virtue of the authority conferred upon me in said Deed of Trust, will
offer for sale and will sell at public sale and outcry to the highest
and best bidder for cash, during the legal hours (between the hours of
11 o’clock a.m. and 4 o’clock p.m.) at the South
front door of the Marshall County Courthouse at Holly Springs,
Mississippi, on the 9th day of April, 2009, the following described
land and property being the same land and property described in said
Deed of Trust, situated in Marshall County, State of Mississippi,
to-wit:
Part of the Northeast Quarter, Section 2, T-6-S, R-3-W, Marshall
County, Mississippi, more particularly described as follows, to-wit:
Beginning at a rebar set on the East
side of Old Highway No. 7 that is 735.89 feet South and 1698.13 feet
West of the Northeast Corner of said section; thence along said East
side of Old Highway No. 7, North 02 degrees 20 minutes 00 seconds West
a distance of 165.66 feet to a rebar set; thence South 76 degrees 47
minutes 27 seconds East a distance of 272.65 feet to a rebar set;
thence South 02 degrees 20 minutes 28 seconds East a distance of 165.64
feet to a rebar set; thence North 76 degrees 47 minutes 42 seconds West
a distance of 272.67 feet to the point of beginning and containing 1.0
acre.
Title to the above described property is believed to be good, but I
will convey only such title as is vested in me as Substitute Trustee.
WITNESS my signature, on this the 11th
day of March, 2009.
LEM ADAMS, III
SUBSTITUTE TRUSTEE
PREPARED BY: ADAMS & EDENS
Foreclosure Department
POST OFFICE BOX 400
BRANDON, MISSISSIPPI 39043
(601) 825-9508
A&E File #20776
PUBLISH: March 19, 26, April 2, 2009
(12-14c)
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