Legal Notices
NOTICE OF PUBLIC HEARING
REZONE RE TO C-1
The Marshall County Planning Commission
will hold a public hearing during their regular scheduled meeting on
Thursday, June 11, 2009, at the Marshall County Zoning and Planning
Office at 590 Highway 178 East, Holly Springs, Mississippi.
The Commission will hear a rezoning request from Paul Bennett to rezone
his property, Lot #7 and part of Lot #6 of the Frank Moore Subdivision
(parcel # 254-23-40) located at 805 & 779 Highway 309 North
from RE to C-1 (Commercial 1). The Commission will make a
recommendation to the Marshall County Board of Supervisors in regard to
rezoning (the actual decision to rezone is a decision that is made by
the Board of Supervisors). The public is cordially
invited. Any person may appear before the Commission either
in person or by agent, or may file written comment regarding the
request with the Administrative Official prior to the
hearing. Written comments should be submitted no later than
June 10, 2009 (Marshall County Zoning, P.O. Box 219, Holly Springs, MS
38635). The Planning Commission meeting will be held at 2:00
P.M. and the rezoning hearing will be at 3:00 P.M. For
further information you may call 662-252-3663.
Beginning at the Southwest corner of
Section 23, Township 2 South, Range 5 West and proceeding in a Northern
direction approximately 1400 feet to the Southwest corner of Lot #7 of
the Frank Moore Subdivision, the point of beginning. Thence
Southeast 1,042.78 feet, thence North 611.2 feet (to the Southwest
corner of Lot # 5) thence proceed in a Eastern direction 600 feet
thence South 152 feet thence run West 400 feet thence South 1523 feet
to point of beginning. (This description includes Lot #7 and
Part of Lot #6 of the Frank Moore Subdivision located on Highway 309
North.)
(21-22c)
Public Notice
The Marshall County Planning Commission
will meet for their regular scheduled meeting on Thursday, June 11,
2009, 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. Timothy Davis the owner of
Betty Davis Grocery and Barbecue is planning to open a restaurant along
Highway 7 South (close to Highway 310). He is requesting the Marshall
County Planning Commission to allow him to utilize approximately five
(5) acres adjacent to the proposed restaurant for an area to have
family reunions, picnics and other similar events. The property in
question is zoned C-1 (commercial). TABLED FROM LAST MONTH (MAY)
MEETING.
ITEM 2. Mr. and Mrs. Michael Blake at
317 Sandidge Drive are requesting to be allowed to place a second
dwelling (16x56, singlewide mobile home) on their property. If allowed,
the mobile home will be occupied by Ms. Lori Harris, Mrs. Blake’s
disabled sister. The property in question is Lot 55 of Warsaw East
Farms, Phase II Subdivision, contains 2.79 acres and zoned R-2. TABLED
FROM LAST MONTH (MAY) MEETING.
ITEM 3. Mr. Ralph Germain requests to
be allowed to place a 2004, single wide mobile home (16x80) on his
property located at 145 Cayce Road. If allowed, the mobile home will be
occupied by his stepson and his family. The property in question
contains approximately 28.2 acres and is zoned Agricultural-Residential.
ITEM 4. Mrs. Audrey Caldwell recently
purchased property located 299 Holiday Drive (Holiday Estates
Subdivision). She is in the process of renovating the home as well as
completing the attached mother-in-law apartment. An adult child and his
family will live in the main house and she is requesting the Marshall
County Planning Commission to allow another child and his family to
occupy the mother-in-law apartment. The property in question contains
approximately three (3) acres and is zoned R-E (Residential-Estate).
ITEM 5: Mr. Eddy Taylor is requesting
to be allowed to have horse shows/rodeos on Mr. Soon H. Lee property
located at 2973 Cayce Road. Events will be twice a month (Saturdays
only) from 12:00 p.m. to 6:00 p.m., activities will include calf
roping, team roping and barrel racing, etc (admission will be charged).
The property in question is zoned R-E (Residential-Estate).
ITEM 6: Ms. Tamakian Mason requests to
be allowed to place a double wide mobile home on her property located
at 631 Knox Road. This request is being made because Ms. Mason home
burned on April 26, 2009. The property in question contains
approximately one (1) acre and is zoned R-E (Residential-Estate).
ITEM 7: Mrs. Charletta G. Copeland
requests to be allowed to place a second dwelling (single wide mobile
home) on her property located at 4799 Old Highway 7 South. If allowed,
the mobile home will be occupied by her mother, Violetta Holloway. The
property in question is Lot #2F of Waterford Farms Subdivision (Bishop
Place), contains approximately 5.7 acres and is zoned Agricultural.
ITEM 8: Mr. Marion Threatt on behalf of
Signal Source Company requests to be allowed to construct a 300’
(100x100 compound) communication tower on property owned by Thomas and
Tina Wright located on River Rhodes Road (in close proximity to Highway
311). The property in question is Lot #42 of River Rhodes Farms
Subdivision Phase II, contains approximately 5.7 acres and is zoned R-2.
ITEM 9: Rezoning Hearing at 3:00 p.m.
for Paul Bennett on his property, Lot #7 and part of Lot #6 of Frank
Moore Subdivision located at 779 and 805 Highway 309 North to be
rezoned R-E to C-1 (commercial).
(21c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE LAST WILL
AND TESTAMENT OF RUBY
WARR
DECEASED
NO. 09-0292R
LORETTA SANDERSON
BYRD
EXECUTRIX
NOTICE TO CREDITORS
Letters Testamentary having been
granted on the 14th day of May, 2009, by the Chancery Court
of Marshall County, Mississippi, to the undersigned, upon the estate of
Ruby Warr, deceased, notice is hereby given to all persons having
claims against said estate to present the same to the Clerk of said
Court for probate and registration according to law, within ninety (90)
days from this date, or they will be forever barred.
WITNESS MY SIGNATURE on this the 14th
day of May, 2009.
LORETTA SANDERSON BYRD
EXECUTRIX
WILLIAM F. SCHNELLER
JONES & SCHNELLER, PLLC,
Attorneys
P.O. Box 417
Holly Springs, Mississippi
38635
Publish: May 21, May 28 and June 4,
2009.
(21-23c)
IN THE CHANCERY COURT
OF MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF
LEROY THOMPSON,
DECEASED
CAUSE NO. 09-0293-A
NOTICE TO CREDITORS
Letters Testamentary having been issued
to the undersigned by the Chancery Court of Marshall County,
Mississippi on the 15th day of May, 2009, as Executrix of the Estate of
Leroy Thompson, deceased.
NOTICE is hereby given to all persons
having claims against said estate to have the same probated,
registered, and allowed by the Clerk of the Court within ninety (90)
days from this date, and failure to do so, will forever bar said claim
or claims.
This the 15th day of May, 2009.
/s/ Darlene Skelton
DARLENE SKELTON,
also known as Darleen/Skelton,
EXECUTRIX OF THE ESTATE OF
LEROY THOMPSON, DECEASED
/s/ J. Kizer Jones
ATTORNEY AT LAW
POST OFFICE BOX 117
HOLLY SPRINGS, MISSISSIPPI
38635
PHONE: 662-252-3788
(21-23c)
SUBSTITUTE TRUSTEE'S
NOTICE OF SALE
WHEREAS, on June 25, 2002, Randy Shaw
and wife, Kerrie Lynn Shaw, executed a Deed of Trust to Debera Bridges,
Trustee for the use and benefit of Citifinancial, 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 306 at Page
696, 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
#2009001513, 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 11th
day of June, 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:
Lot No. 632 of Holly Springs Lake Estates Subdivision of Section 36,
Township 4 South, Range 2 West, according to plat of said subdivision
recorded in Plat Files No. 72A thru 78A of the records of the Clerk of
the Chancery Court 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 Substitute Trustee.
WITNESS my signature, on this the 12th
day of May, 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 #22070
PUBLISH: May 21, 28, June 4, 2009
(21-23c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
NOTICE TO BIDDERS
Please be advised that sealed bids will
be received by the Marshall County Board of Supervisors,
Marshall County, Mississippi, in the office of the County
Administrator, Courthouse, Post Office Box 219, Holly Springs,
Mississippi 38635, (662) 252-7903, until 10:00 a.m. Monday, June 15,
2009 for shingle roofing installation (labor only).
Bid specifications are on the file in
the office of the County Administrator.
The Board reserves the right to reject
any and all bids and to waive any and all formalities in the interest
of the County.
This the 18 day of
May, 2009.
Larry Hall
County Administrator
(21-22c)
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 June 15, 2009 and thereafter publicly open
them for furnishing, placing, and compacting bituminous hot mix under
maintenance contract No. MC-M-2000.
Sealed bids shall be received on each
of the following items. Work order (s) shall be issued for
individual assignments with payment to be made under the appropriate
quantity unit pricing. Each work order shall be completed
within 45 calendar days of the date of the work order. Haul
distance shall be measured from the scales at the asphalt plant to the
job site.
QUOTATION FOR FURNISHING, PLACING, AND COMPACTION.
12.5 mm St Mix
Less than 100 tons @
$________________ per ton
12.5 mm St Mix
101 to 300 tons @
$________________ per ton
12.5 mm St Mix
301 to 500 tons @
$________________ per ton
12.5 mm St Mix
501 to 750 tons @
$________________ per ton
12.5 mm St Mix
751 to 1,000 tons @
$________________ per ton
12.5 mm St Mix
more than 1,000 tons @
$________________ per ton
QUOTATION FOR FREIGHT
12.5 mm St Mix @ $_______________ per
ton mile with a minimum freight of $____________ per ton regardless of
haul distance. All bids shall be subject to price adjustment
clause in relation to the cost of the Contractor based upon an industry
wide cost index, all as set forth by Sections 31-7-13(i), Mississippi
Code of 1972, Annotated, as amended. Asphalt price
adjustments shall be made according to Mississippi State Highway
Department Special Provisions. Vendor shall be responsible
for any adjustments in price supported by Industry Wide Cost Index for
petroleum products. Asphalt shall meet or exceed the MDOT
specifications.
BID PRICES ACCEPTED SHALL BE FOR A
PERIOD OF 12 MONTHS JUNE 15, 209 until JUNE 15, 2010.
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 18th day of
May, 2009
Larry Hall
County Administrator
(21-22c)
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 the foreclosure sale is to be held on June 16, 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: May 15, 2009
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
(21-24c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 30th day of September,
2005 and acknowledged on the 30th day of September, 2005, Carla L.
Mays, A Single Woman, executed and delivered a certain Deed of Trust
unto Julia L. Greenfield, Esq., 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 393 at Page 359;
and
WHEREAS, on the 3rd day of March, 2009,
Mortgage Electronic Registration Systems, Inc., assigned said Deed of
Trust unto 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 RAMP 2005RZ4, by instrument
recorded in the office of the aforesaid Chancery Clerk in Instrument
#2009001015; and
WHEREAS, on the 4th day of May, 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 # 2009002110;
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 11th day of June, 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 62, Moore Plantation subdivision, second addition, situated in
section 13, township 3 South, range 5 West, Marshall county,
Mississippi, as per plat recorded in plat file 1017A, 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 May 15,
2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
alp/F09-1245
PUBLISH: 5-21-09/5-28-09/6-4-09
(21-23)
SUBSTITUTE TRUSTEE'S
NOTICE OF SALE
WHEREAS, on May 23, 2007, Dennis Mason
and Cheree M. Mason, husband and wife, executed a Deed of Trust to
First American Title Insurance Company, Trustee for the use and benefit
of National Mortgage Network, 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 440 at Page 257, thereof; and
WHEREAS, said Deed of Trust was
ultimately assigned to U.S. Bank National Association as
Trustee for MASTR Asset Backed Securities Trust 2007-HE2, by assignment
on file and of record in the office of the aforesaid Chancery Clerk as
Instrument No. 2008005215 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. 2009000277, 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 11th
day of June, 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:
Lot 5, Section A, Phase 1, Ingram's Place Subdivision, Section 26,
Township 2 South, Range 5 West, Marshall County, Mississippi, as per
plat thereof recorded in Plat File #823-A, in the office of the
Chancery Clerk 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 Substitute Trustee.
WITNESS my signature, on this the 12th
day of May, 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 #22329
PUBLISH: May 21, 28, June 4,
2009
(21-23c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
TRUSTEE’S LAND
SALE NOTICE
On November 5, 2001, Wanda Lynn
Lovelace, executed a Purchase Money Deed of Trust, recorded
in Marshall County, Holly Springs, Mississippi land records, Land Trust
Deed Book 291, Page 776 conveying hereinafter described land to Lynda
M. Davis, Trustee, securing their note to W. Warren Callicutt.
Debtor defaulted and legal holder
accelerated the note and requested foreclosure.
As Trustee, in lawful hours, at the
South door of Marshall County, Mississippi Courthouse on June 15, 2009,
I will sell to highest cash bidder at public outcry the following land
in Marshall County, Mississippi.
Farm number 23 of Victoria Plantation, containing 2.09 acres,
located in Section 15, Township 3 South, Range 4 West, Marshall County,
Mississippi. A plat of said subdivision is recorded in the
office of the Chancery Clerk of Marshall County, Mississippi in Plat
File 878A, 878B, 884A and 900A.
Purchaser shall pay his bid in cash at sale. I will convey
only my title as Trustee.
Done this the 18th day of
May, 2009.
LYNDA M. DAVIS, TRUSTEE
P.O. Box 848, Holly Springs,
MS 38635
Publish May 21,28 June 4, 11, 2009
(21-24c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 15th day of December,
2003 and acknowledged on the 15th day of December, 2003, Kim Jones,
executed and delivered a certain Deed of Trust unto Professional
Services, Trustee for New Century 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 344 at Page 797; 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 trustee to JPMorgan Chase Bank
N.A. as Trustee for RASC 2004KS2 by instrument recorded in the office
of the aforesaid Chancery Clerk in Instrument # 2009002104; and
WHEREAS, on the 4th day of May, 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 # 2009002109;
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 11th day of June, 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 no. 18 as shown on plat file 868A, recorded May 3, 2000 at 9:03
a.m., of the Westlake Village subdivision, phase two, according to the
plat thereof on file in the office of the chancery clerk of Marshall
county, Mississippi, plat of which was prepared by Elliot and Britt
Engineering, Larry L. Britt, registered Surveyor, no. pls#2078,
pe#7193, dated April 17, 2000, reference to which plat is hereby made
in aid of this description and being located in the Northeast quarter
of section 31, township 3 South, range 2 West, in the city of Holly
Springs, Marshall county, Mississippi.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day May 18,
2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sw/F09-1240
PUBLISH: 5-21-09/ 5-28-09/ 6-4-09
(21-23c)
Substitute Trustee Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 5th day of March, 2007
and acknowledged on the 5th day of March, 2007, Anita D Jeffries, an
unmarried person, executed and delivered a certain Deed of Trust unto
First American Title, 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 433 at Page 767;
and
WHEREAS, on the 18th day of January,
2008, Mortgage Electronic Registration Systems, Inc. as nominee for
Century 21 (R) Mortgage (SM), assigned said Deed of Trust unto PHH
Mortgage Corporation by instrument recorded in the office of the
aforesaid Chancery Clerk in Instrument #2009002090; and
WHEREAS, on the 18th 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 #
2009002095; 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 11th day of June, 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:
Part of Lot 22 Chewalla Farms Subdivision, in Section 3 & 4 in
Township 4 South, Range 2 West, more particularly described as follows:
Beginning at the SW corner of Lot 22
Chewalla Farms Subdivision in Section 3 & 4, all in Township 4
South, Range 2 West, as appearing of record in plat file # 550 A
& B in the Chancery Clerk's office of Marshall County,
Mississippi; thence North 3 degrees 0 minutes West 136 feet; thence
North 89 degrees 16 minutes East with the South line of Rising Star
Subdivision 48 feet; thence North 0 degrees 44 minutes West with the
East line of Rising Star Subdivision 315feet; thence South 89 degrees
16 minutes West 62 feet; thence North 3 degrees 0 minutes West 150
feet; thence East 100 feet; thence South 3 degrees 0 minutes East 639
feet to Karen Cove; thence West in Karen Cove 100 feet; run thence
North 3 degrees West 30 feet more or less, to the North boundary of
Karen Cove and the Point Of Beginning containing 1.0 acre, more or less.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day May 14,
2009.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sw/F07-2850
PUBLISH: 5-21-09/ 5-28-09/ 6-4-09
(21-23c)
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
TRUSTEE’S LAND
SALE NOTICE
On June 9, 2006, Selena D.
Hunt, executed a Purchase Money Deed of Trust, recorded in
Marshall County, Holly Springs, Mississippi land records, Land Trust
Deed Book 415, Page 112 conveying hereinafter described land to Lynda
M. Davis, Trustee, securing their note to Andrew W. Callicutt.
Debtor defaulted and legal holder
accelerated the note and requested foreclosure.
As Trustee, in lawful hours, at the
South door of Marshall County, Mississippi Courthouse on June 15, 2009,
I will sell to highest cash bidder at public outcry the following land
in Marshall County, Mississippi.
Farm number 23 of Roper Plantation, containing 2.00 acres,
located in Section 7, Township 2 South, Range 4 West, Marshall County,
Mississippi. A plat of said subdivision is recorded in the
office of the Chancery Clerk of Marshall County, Mississippi in Plat
File 1018A and 1026A.
Purchaser shall pay his bid in cash at sale. I will convey
only my title as Trustee.
Done this the 18th day
of May, 2009.
LYNDA M. DAVIS, TRUSTEE
P.O. Box 848, Holly Springs,
MS 38635
Publish May 21, 18, June 4, 11, 2009
(21-24c)
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
February 8, 2007, executed by Jualdine H. Hudson, 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 431 pages 581-587 of the land records of the Clerk of the
Chancery Court of Marshall County, Mississippi; and default
having been made in the payment of the indebtedness thereby secured,
and the undersigned having been requested by the legal holder of said
indebtedness to foreclose said Deed of Trust, notice is
hereby given that I, as Trustee aforesaid, will, within lawful hours,
at the South front door of the Marshall County Courthouse, in the City
of Holly Springs, Mississippi, on Friday, June 12, 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:
Lot No. 58 of the Meadows Phase II-B subdivision as shown on the plat
thereof on file in the office of the Chancery Clerk of Marshall County,
Mississippi in Plat Book 10 at pages 36-37 thereof, reference to which
plat is hereby made in aid hereof. Said Subdivision is located in the
City of Holly Springs, Marshall County, Mississippi in Section 36,
Township 3 South, Range 3 West.
Subject to those certain restrictions
appearing on the face of the plat aforementioned any easements or
rights of way reflected by said plat and the building code restrictions
and zoning ordinances of the City of Holly Springs, Marshall County,
Mississippi.
PROPERTY ALSO KNOWN AS: 191 Shelby
Drive, Holly Springs, MS 38635
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 12th
day of May, 2009.
William F. Schneller, Trustee
Publishing Dates:
May 21, 28, June 4, 11, 2009
(21-24c)
TRUSTEE'S NOTICE OF SALE
WHEREAS, on August 30, 2001, Maurice
Haywood, a single man, executed a Deed of Trust to Lem Adams III,
Trustee for the use and benefit of Option One Mortgage Corporation,
which Deed of Trust is on file and of record in the office of the
Chancery Clerk of Marshall County, Mississippi, in Deed of Trust Record
Book 288 at Page 232, thereof; and
WHEREAS, said Deed of Trust was
assigned to Wells Fargo Bank, N.A., as Trustee for Option One
Mortgage Loan Trust 2001-D, Asset-Backed Certificates, Series 2001-D,
by assignment on file and of record in the office of the aforesaid
Chancery Clerk in Book 86 at Page 704 thereof; and
WHEREAS, default having been made in
the performance of the conditions and stipulations as set forth by said
Deed of Trust, and having been requested by the legal holder of the
indebtedness secured and described by said Deed of Trust so to do,
notice is hereby given that I, Lem Adams, III, Trustee, by virtue of
the authority conferred upon me in said Deed of Trust, will offer for
sale and will sell at public sale and outcry to the highest and best
bidder for cash, during the legal hours (between the hours of 11
o'clock a.m. and 4 o'clock p.m.) at the South front door of the
Marshall County Courthouse at Holly Springs, Mississippi, on the 11th
day of June, 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:
COMMENCING at the Northwest Quarter of the Northeast Quarter of said
section; thence South 00 degrees 04 seconds East a distance of 1,503.00
feet to the centerline of Dry Fork Creek; thence South 70 degrees 39
minutes 04 seconds East along said centerline of creek a distance of
312.50 feet; thence South 66 degrees 08 minutes 04 seconds East along
said centerline of creek a distance of 224.30 feet to the POINT OF
BEGINNING; thence North 10 degrees 38 minutes 15 seconds East a
distance of 346.39 feet; thence South 81 degrees 15 minutes 11 seconds
East a distance of 205.17 feet to the centerline of a ditch; thence
South 00 degrees 16 minutes 51 seconds East along said centerline of
ditch a distance of 145.00 feet; thence North 74 degrees 45 minutes 29
seconds West along said centerline of ditch a distance of 30.47 feet;
thence South 27 degrees 27 minutes 24 seconds West along said
centerline of ditch a distance of 109.45 feet; thence South 39 degrees
21 minutes 24 seconds West along said centerline of ditch a distance of
48.24 feet; thence South 44 degrees 15 minutes 55 seconds West along
said centerline of ditch a distance of 104.67 feet to the centerline of
Dry Fork Creek; thence North 66 degrees 08 minutes 04 seconds West
along said centerline of creek a distance of 91.77 feet to the POINT OF
BEGINNING and containing 1.5 acres.
INGRESS/EGRESS
EASEMENT: AN ingress/egress easement to the above
described 1.50 acre tract described as follows: BEGINNING at
a point in the North line of the hereon described 1.50 acre tract that
is 66.62 feet West of the Northeast corner of said 1.50 acre tract;
thence North 66 degrees 31 minutes 16 seconds East a distance of 70.11
feet; thence South 34 degrees 47 minutes 12 seconds East a distance of
74.43 feet; thence South 56 degrees 07 minutes 29 seconds East a
distance of 442.35 feet; thence South 41 degrees 16 minutes 45 seconds
East a distance of 145.73 feet; thence South 48 degrees 45 minutes 04
seconds East a distance of 358.25 feet to the POINT OF TERMINATION of
the described ingress/egress easement at Chulahoma/Marianna Road.
Title to the above described property
is believed to be good, but I will convey only such title as is vested
in me as Trustee.
WITNESS my signature, on this the 12th
day of May, 2009.
LEM ADAMS, III
TRUSTEE
PREPARED BY: ADAMS & EDENS
Foreclosure Department
POST OFFICE BOX 400
BRANDON, MISSISSIPPI 39043
(601) 825-9508
A&E File #22406
PUBLISH: May 21, 28, June 4, 2009
(21-23c)
PUBLIC NOTICE
A public auction will be held
Thursday,June 18, 2009 at 10:00 a.m. on the premises of Gene Gossett
Auto Parts, Inc. 7891 Highway 72, Byhalia,MS 38611 (three miles
southeast of Collierville, TN)for the purpose of selling the following
vehicles abandoned on our premises. This sale is in accordance with the
State of Mississippi “Abandoned Motor Vehicle Act” Section 63-23-5
“Sale of Vehicle MSCode of 1972 as amended.
1997 green Chevrolet Monte Carlo two
door VIN 2G1WW12M1V9237794
1986 blue Oldsmobile Cutlass two door
VIN 1G3GR47Y1GP301434
(21-23c)
Substitute Trustee's Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 28th day of June, 1996
and acknowledged on the 28th day of June, 1996, Varina Falkner, An
Unmarried Woman, executed and delivered a certain Deed of Trust unto
Hans Rusli, Trustee for M.G. Investments, Inc. dba Premier 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 212 at Page 498; and
WHEREAS, by various assignments on
record said Deed of Trust was ultimately assigned
to Wells Fargo Bank Minnesota, N.A by instrument
recorded in the office of the aforesaid Chancery Clerk in Book 74 at
Page 310 and rerecorded in Book 85 at Page 348; and
WHEREAS, on the 9th day of August,
2002, the Holder of said Deed of Trust substituted and appointed John
C. Morris, III as Trustee in said Deed of Trust, by instrument recorded
in the office of the aforesaid Chancery Clerk in Book 309 at Page 260
and rerecorded in Book 375 at Page 434; 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 11th day of June, 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:
Survey of Lot in Lot No. 6 of the Subdivision of the Mary Vaughn
Estate, in Section 35, Township 3 South, Range 3 West, Marshall County,
Mississippi.
Commencing at the Northwest corner of
Lot No. 6 on the South boundary of the Hernando public road, run thence
in a Southeasterly direction with the South boundary of said public
road 660 feet to the Northeast corner of Hames Andersons lot; thence
South 42 degrees 0 minutes West with the East boundary of the Anderson
lot 209 feet to the Point of Beginning. Run thence South 45 degrees 30
minutes East, 193 feet; thence South 42 degrees 0 minutes West, 227
feet; thence North 45 degrees 30 minutes West, 193 feet; thence North
42 degrees 0 minutes East 225 feet to the Point of Beginning.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this day April
24, 2009.
John C. Morris, III
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
sw/F02-2909
PUBLISH: 5-21-09/ 5-28-09/ 6-4-09
(21-23c)
SUBSTITUTE TRUSTEE'S
NOTICE OF SALE
WHEREAS, on November 15, 2006, Gary Lee
Edwards executed a Deed of Trust to Kathryn L. Harris as Trustee for
the benefit of Mortgage Electronic Registration Systems, Inc. as
Nominee for Community Mortgage Corporation, which Deed of Trust was
recorded in Book 425, Page 721 in the Office of the Chancery Clerk of
Marshall County, Mississippi; and
WHEREAS, a Loan Modification
Agreement executed by and between Gary Lee Edwards and Community
Mortgage Corporation was recorded in Book 435, Page 343 in the Office
of the Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, Mortgage Electronic
Registration Systems, Inc. as Nominee for Community Mortgage
Corporation, the holder of said Deed of Trust and the Note secured
thereby, substituted Scot P. Goldsholl as Trustee in place of the
afore-mentioned original Trustee, as authorized by the terms thereof,
as evidenced by an instrument dated April 6, 2009, and recorded as
Instrument No. 2009002128 in the Office of the Chancery Clerk of
Marshall County, Mississippi; and
WHEREAS, default having been made in
the terms and conditions of said Deed of Trust, and the entire debt
secured thereby having been declared to be due and payable, and the
legal holder of said indebtedness, Mortgage Electronic Registration
Systems, Inc. as Nominee for Community Mortgage Corporation, having
requested the undersigned Substitute Trustee to execute the trust and
sell said land and property in accordance with the terms of said Deed
of Trust for the purpose of raising the sums due thereunder, together
with attorney's fees, Substitute Trustee's fees and expenses of sale.
NOW, THEREFORE, I, Scot P. Goldsholl,
Substitute Trustee, will on June 11, 2009, offer for sale at public
outcry to the highest bidder for cash, within legal hours (between the
hours of 11:00 a.m. and 4:00 p.m.) at the South door of the Marshall
County Courthouse in Holly Springs, Marshall County, Mississippi, the
following-described property:
Beginning at the Northeast Corner of the Southeast Quarter of Section
29, Township 5 South, Range 4 West, Marshall County, Mississippi;
thence South 0 degrees 29 minutes West along west side of Public Road
200.0 feet to an iron pin; thence South 85 degrees 42 minutes West
280.0 feet to an iron pin in wire fence line; thence North 0 degrees 29
minutes East along wire fence line 200.0 feet to an iron pin; thence
North 85 degrees 42 minutes along wire fence line 280.0 feet to the
Point of Beginning and containing 1.28 acres, all according to survey
dated January 24, 1991, prepared by Eddie Boatwright, RPLS.
Title to the above described property
is believed to be good, but I will convey only such title as vested in
me as Substitute Trustee.
WITNESS my signature on this 28th day
of April, 2009.
Scot P. Goldsholl
Substitute Trustee
415 North McKinley, Suite 555
Little Rock, AR 72205
Telephone No. 501-661-1000
THIS DOCUMENT PREPARED BY:
DYKE, HENRY, GOLDSHOLL &
WINZERLING, P.L.C.
415 North McKinley, Suite 555
Little Rock, Arkansas 72205
Telephone No. (501) 661-1000
DHGW No. 46533G-1
PUBLISH ON THESE DATES:
May 21, May 28, June 4, 2009
(21-23c)
NOTICE OF TRUSTEE'S SALE OF LAND
Under and by virtue of the authority
vested in me as Trustee in that certain Deed of Trust dated June 4,
2008 executed by Johnnie Cannon, Jr. and Angela Cannon
Barksdale as Trustee, to secure an indebtedness therein
described to First State Bank, said Deed of Trust being of record in
the land records of the Chancery Clerk of Marshall County as Instrument
No. 2008004006; and default having been made in the payment of the
indebtedness thereby secured, and the undersigned having been requested
by the legal holder of said indebtedness to foreclose said Deed of
Trust, notice is hereby given that I, as Trustee aforesaid,
will, within lawful hours, at the South front door of the Marshall
County Courthouse, in the City of Holly Springs, Mississippi, on
FRIDAY, JUNE 12, 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:
Lot #4 of Golden Acres Subdivision Section 26, Township 4 South, Range
3 West, according to plat of said subdivision recorded in Plat File
#740B of the records of the Clerk of the Chancery Clerk Court of
Marshall County, Mississippi direct reference to which is hereby made.
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 Substitute
Trustee.
WITNESS MY SIGNATURE on this the
15th day of May, 2009.
William F. Schneller,
Substitute Trustee
Publishing Dates:
May 21, 28, June 4, 11, 2009
(21-24c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF
ALICE MAE BURNSIDE
CAUSE NO. 09-0061-R
MELVIN
BURNSIDE,
EXECUTOR
NOTICE TO CREDITORS
Letters of Testamentary having been
granted on the 26th day of March, 2009, by the Chancery Court of
Marshall County, Mississippi, to the undersigned Executor for the
Estate of Alice Mae Burnside, deceased, notice is hereby given to all
persons having claims against said Estate to present the same to the
Clerk of said Court for probate and registration according to law
within ninety (90) days from the first publication of this notice, or
they will be forever barred.
This the 12 day of May, 2009.
Melvin Burnside
MELVIN BURNSIDE
Sidney F. Beck, Jr.
Beck Law Firm, P.C.
9128 Pigeon Roost, Ste. F.
P.O. Drawer 1310
Olive Branch, MS 38654
Telephone: (662) 895-7555
Fax # (662) 895-9717
(21-23c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
MARJORIE WILLIAMS
BROOKS,
TESTATOR
VS.
CAUSE NO: 09-0256
JUDY BROOKS GAMMEL,
EXECUTRIX
NOTICE TO CREDITORS
Letters Testamentary were granted to
the undersigned on the Estate of Marjorie Williams Brooks, Deceased, by
the Chancery Court of Marshall County, Mississippi, on May 11, 2009,
and notice is hereby given to all persons having claims against said
estate to present the same to the Clerk of said Court for probate and
registration within ninety (90) days from the date this notice is first
published, or they will be forever barred.
Witness my signature this the 13th day
of May, 2009.
/s/ Judy Brooks Gammel
JUDY BROOKS GAMMEL, EXECUTRIX
JAMES E. WOODS, MSB#7386
WATKINS LUDLAM WINTER
& STENNIS, P.A.
P.O. Box 1456
6897 Crumpler Blvd., Suite 100
Olive Branch, MS 38654
(662) 895-2996
Solicitors for the Estate of
Marjorie Williams Brooks
(21-23c)
RULE 81 SUMMONS
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
ANGEL
ALMUNTASER
PLAINTIFF
VS.
NO.
05-0242R
IBRAHAM BABUKR
DEFENDANT
SUMMONS BY PUBLICATION
TO: IBRAHAM BABUKR, whose last known
address is unknown;
You have been made a defendant in the
suit filed in this Court by the Plaintiff, Angel Almuntaser, seeking to
Petition For Modification Of Custody. There are no other Defendants
other than you in this cause;
You are summoned to appear and defend
against said complaint or petition at 9:30 A.M. on the 2nd day of July,
2009, in the Tippah County Courthouse, Ripley, 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 official seal
of office this the 8th day of May, 2009.
C.W. “Chuck” Thomas, Chancery Clerk
P.O. Box 219
Holly Springs, MS 38635
Clerk of the Court
By: Madalynne Ash
Deputy Clerk
(21-23c)
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