Thursday,
August 20, 2009
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Thursday,
August 20, 2009 |
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Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | Photo Gallery |
Legal NoticesSubstitute Trustee's Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 11th day of September, 2006 and acknowledged on the 11th day of September, 2006, Martha J. Stewart, A Married Person, joined herein by Joseph Stewart, executed and delivered a certain Deed of Trust unto Rob V. Budhwa, 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 420 at Page 05; and WHEREAS, on the 9th day of February, 2009, Mortgage Electronic Registration Systems, Inc., assigned said Deed of Trust unto HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2006-3, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument #2009000594; and WHEREAS, on the 9th 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 # 2009000605; 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 10th day of September, 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:
Also: A triangular shaped portion in the Northeast corner of Lot 7 described as: beginning at the Northwest corner of Lot 8; and run thence South 6 degrees 42 minutes East along the West 5 feet to a stake; thence North 5 degrees 50 minutes West 100 feet to the point of beginning. All in accordance with revised survey of Lot 7 and 8 recorded in Plat Book 10 Page 41.
WITNESS MY SIGNATURE, this day August 12, 2009. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 sdr/F09-0269 PUBLISH: 8-20-09 / 8-27-09 / 9-3-09 (34-36c) Substitute Trustee's Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 20th day of June, 2007, and acknowledged on the 20th day of June, 2007, Gary Mason Scudder, Jr, unmarried, executed and delivered a certain Deed of Trust unto John W. Byrd, 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 441 at Page 426; and WHEREAS, on the 15th day of July, 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 # 2009003345; 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 10th day of September, 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:
WITNESS MY SIGNATURE, this day August 12, 2009. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 cls/F09-1525 PUBLISH: 8-20-09, 8-27-09, 9-3-09 (34-36c) NOTICE The following party is delinquent in their storage rent. Contents will be sold if not paid in full by August 29, 2009, at 5 p.m. Dorothy Ware Unit 28 Pickard Park Hwy. 72 Cayce, MS (34-35c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI WELLS FARGO BANK, N.A. PLAINTIFF VS. CAUSE NO.: 09-0360-A JOSEPH OSBORN AND JOANN OSBORN, THE MISSISSIPPI STATE TAX COMMISSION, AND ANY AND ALL PERSONS HAVING AN INTEREST IN THE PROPERTY BEARING THE MUNICIPAL ADDRESS OF 862 PLANTATION WAY, BYHALIA, MS. SUMMONS BY PUBLICATION THE STATE OF MISSISSIPPI TO: Joseph Osborn and Joann Osborn whose current post office address and street address are unknown to the Plaintiff after diligent search and inquiry to ascertain same. The Complaint against you, which is on file at the Marshall County Chancery Court, Holly Springs, Mississippi, in the above numbered cause, is important and you must take immediate action to protect your rights. You are required to mail or hand deliver a written response to the Complaint filed against you in this action to Sean A. Souther, Attorney for Plaintiff, whose address is 2309 Oliver Road, Monroe, Louisiana, 71201. Your Response must be mailed or delivered not later than thirty days after the 20th day of August, 2009, which is the date of the first publication of this summons. If your Response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the complaint. You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward. Issued under my hand and the seal of said Court, this 14th day of Aug., 2009. Mr. C.W. “Chuck” Thomas Marshall County Chancery Court Clerk 128 E.Van Dorn Ave. Holly Springs, MS. 38635 By: Madalynne Ash, D.C. (34-36c) PUBLIC NOTICE The Marshall County Planning Commission will meet for their regular schedule meeting on Thursday, September 10, 2009, at 2:00 p.m. in the Marshall County 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: William Marion at 4060 North Red Banks Road is requesting to be allowed to place a singlewide mobile home (16x80, 90’s model) on his property for his daughter and her family. If allowed, the mobile home will be placed on the property so it cannot be seen from the road. The property in question contains 11.5 acres and is zoned Agricultural-Residential. ITEM 2: Pearlie Mae Moore at 2313 Moore Road is requesting to be allowed to place a second dwelling (double wide mobile home) on her property for her son,Travis Moore. this request is being made due to Mrs. Moore’s health. The property in question contains approximately one (1) acre and is zoned Agricultural-Residential. ITEM 3 Tory Hayes has the option to purchase Lot #24 of Chewalla Farms Subdivision located on Karen Cove. He is requesting to be allowed to subdivide the lot into two (2) lots to build two (2) homes for resale purpose. The property in question contains 5.48 acres and is zoned R-1. ITEM4: Fausto Olvera is requesting to be allowed to construct a 25x35 building on property owned by Luisa Marin Andablo located on Shamrock Loop (Lot #15 of Cooper Road Farms Subdivision) first before building his home (he’s planning to build a home within a year). If request is allowed, the building will be used for storage and to store hay and feed for his horses. The property in question contains two (2)acres and is zoned R-1. ITEM 5: Glenwood Cothern at 885 Clear Creek Road is requesting to be allowed to place a second dwelling (single wide mobile home) on his property for his son. This request is being made due to Mr. Cothern’s health. The property in question contains approximately one (1) acre and is zoned Agricultural-Residential. (34c) SUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on January 23, 2007, Parthenia Mays, unmarried, executed a Deed of Trust to Arnold M. Weiss, 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 431 at Page 106, 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. 2009002840, 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 10th day of September, 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:
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 August, 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 #22687 PUBLISH: Aug. 20, 27 and Sept. 3, 2009 (34-36c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on October 1, 1994, Lucas J. Mays and wife, Lois A. Mays, executed a Deed of Trust to W. Stewart Robison, Trustee for Jim Walter Homes, Inc., Beneficiary, which Deed of Trust is recorded in Land Deed of Trust Book 196, at Page 401-403, in the office of the Chancery Clerk of Marshall County, Mississippi; AND WHEREAS, this Deed of Trust was ultimately assigned to Mid-State Trust VI, a business trust and Walter Mortgage Company, by instrument recorded in Book 93, at Page 412-413, in the office of the Chancery Clerk aforesaid; AND WHEREAS, Mid-State Trust VI, a business trust, appointed W. Stewart Robison as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Instrument #2009003154, in the office of the Chancery Clerk aforesaid; AND WHEREAS, Walter Mortgage Company, appointed W. Stewart Robison as Substituted Trustee in the place and stead of the aforesaid Trustee, by instrument recorded in Instrument #2009003156, 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 Substituted Trustee so to do, I will on the 15th day of September, 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:
WITNESS MY SIGNATURE, this, the 12th day of August, 2009. /s/ W. Stewart Robison, Substituted Trustee Publish: Aug. 20, 27, Sept. 3, and 10, 2009 South Reporter ROBISON & HOLMES, SOLS. (34-37c) SUBSTITUTE TRUSTEE’S NOTICE OF SALE WHEREAS, on January 26, 2001, Everlean Long, an unmarried woman, executed a Deed of Trust to First American Title Insurance Company, Trustee for the use and benefit of Stone Castle Home Loans, 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 276 at Page 800, thereof; and WHEREAS, said Deed of Trust was ultimately assigned to Private Capital Group, LLC, by assignment on file and of record in the office of the aforesaid Chancery Clerk as Instrument No. 2008001210 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. 2009000531, 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 10th day of September, 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:
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 August, 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 #23404 PUBLISH: Aug. 20, 27 and Sept. 3, 2009 (34-36c) NOTICE OF TRUSTEE'S SALE OF LAND Under and by virtue of the authority vested in me as Trustee in that certain Deed of Trust dated April 8, 2008 executed by Franklin Lesueur and Paula Lesueur, unto William F. Schneller as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record as Instrument No. 2008002125 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, SEPTEMBER, 11, 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:
COMMENCE at an iron pipe at the Southeast corner of said Section 17; thence run North 00 degrees 53 minutes West 978 63 feet to an iron pin set on the North right of way of a railroad (50 foot right of way), thence run generally along said right of way the following 7 calls: 1) North 70 degrees 36 minutes West 88.87 feet; 2) North 69 degrees 10 minutes West 88.78 feet; 3) North 67 degrees 39 minutes West 103 32 feet; 4) North 66 degrees 02 minutes West 95.05 feet; 5) North 64 degrees 51 minutes West 105.14 feet, 6) North 63 degrees 49 minutes West 158.01 feet, 7) North 63 degrees 30 minutes West 773.21 feet to the POINT OF BEGINNING; thence continue along the North right of way of said railroad the following 6 calls: 1) North 63 degrees 31 minutes West 1015.29 feet, 2) North 62 degrees 29 minutes West 100.24 feet; 3) North 60 degrees 42 minutes West 117 90 feet; 4) North 58 degrees 01 minute West 95.49 feet; 5) North 55 degrees 16 minutes West 99.08 feet; 6) North 52 degrees 27 minutes West 159.98 feet to an iron pin set; thence run North 00 degrees 45 minutes West 889.79 feet to an iron pipe found; thence run South 88 degrees 06 minutes East 1767.35 feet to a point in the center of a creek; thence continue along the center of said creek, the following 6 calls. 1) South 18 degrees 04 minutes West 176.80 feet, 2) South 40 degrees 00 minutes West, 330.00 feet; 3) South 34 degrees 00 minutes West 290.00 feet; 4) South 04 degrees 00 minutes East 440.00 feet; 5) South 28 degrees 00 minutes West 200.00 feet, 6) South 22 degrees 00 minutes East 340.00 feet to the POINT OF BEGINNING, and being more fully shown, described and depicted upon that certain plat and boundary survey thereof prepared byJohn Michael Akins, MLS #2035, dated January 24, 1989, direct reference to which is hereby made in aid of this description. ALSO A perpetual easement and right of way for purposes of ingress and egress and deemed to be a covenant running with the land, said easement extending from the above described property unto the North right of way of U S. Highway 78 and extending 25 feet on each side of the centerline of an existing roadbed, more particularly described as follows: COMMENCE at an iron pipe at the Southeast corner of Section 17, Township 3 South, Range 3 West, Marshall County, Mississippi, thence run North 68 degrees 34 minutes West along the North right of way of U S. Highway 78, 2061.88 feet to the POINT OF BEGINNING, said point being in the center of an existing roadbed, thence continue along the center of said existing roadbed the following 4 calls: 1) North 32 degrees 00 minutes West 655.00 feet, 2) North 05 degrees 00 minutes East 300.00 feet; 3) North 14 degrees 00 minutes West 390.00 feet; 4) North 26 degrees 00 minutes East 100.00 feet to a point; TRACT NO. 2: 0.95 ACRE OFLAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, AND 53.48 ACRES OF LAND LOCATED IN SECTION 17, BOTH IN TOWNSHIP 3 SOUTH, RANGE 3 WEST, MARSHALL COUNTY, MISSISSIPPI, CONVEYING A TOTAL OF 54.43 ACRES, described as follows: COMMENCE at an iron pipe at the Southeast corner of said Section 17; thence run North 00 degrees 53 minutes West 978.63 feet to an iron pin set on the North right of way line of a railroad (50 foot right of way) and the POINT OF BEGINNING; thence run generally along said right of way of said railroad, the following 7 calls 1) North 70 degrees 36 minutes West 88.87 feet; 2) North 69 degrees 10 minutes West 88.78 feet: 3) North 67 degrees 39 minutes West 103.32 feet; 4) North 66 degrees 02 minutes West 95.05 feet; 5) North 64 degrees 51 minutes West 105.14 feet; 6) North 63 degrees 49 minutes West 158.01 feet;7) North 63 degrees 30 minutes West 773.21 feet to a point in the center of a creek; thence run along the center of said creek, the following 6 calls 1) North 22 degrees 00 minutes West 340.00 feet 2) North 28 degrees 00 minutes East 200.00 feet; 3) North 04 degrees 00 minutes West 440.00 feet; 4) North 34 degrees 00 minutes East 290.00 feet; 5) North 40 degrees 00 minutes East 330 00 feet, 6) North 18 degrees 04 minutes East 176.80 feet to a point; thence run South 88 degrees 06 minutes East 880.60 feet to an iron pipe found; thence run South 00 degrees 53 minutes East 331.32 feet to an iron pin set, thence run South 87 degrees 31 minutes East along a fence 480.50 feet to a point; thence run South 88 degrees 43 minutes East along said fence 538.41 feet to a point on the West side of a road; thence run South along the West side of said road 42.50 feet to a point; thence leaving said road, run North 88 degrees 21 minutes West along a fence 538.50 feet to a point; thence run North 87 degrees 59 minutes West along said fence, 479.68 feet to an iron pin set; thence run South 00 degrees 53 minutes East 1787.13 feet to an iron pin set and the POINT OF BEGINNING, and being more fully shown, described and depicted upon that certain plat and boundary survey thereof prepared by John Michael Akins, MLS#2035, dated January 24, 1989 direct reference to which is hereby made in aid of this description. ALSO: A joint right-of-way easement for ingress and egress is given to the Grantees, their heirs and assigns, along a farm road Southward from the East end of that portion of the above-described property lying in the Northwest Quarter of Section 16 to the South line of the property owned by Mary Sanford Myatt, et al, en route to the railroad crossing and county road. SOURCE DEED: This is the same land and property as conveyed to Franklin Lesueur and wife, Paula L Lesueur, as tenants by the entirety with rights of survivorship, by Warranty Deed And Easement from Walter A Utley and wife, Vermelle S. Utley, dated March 12, 2003, and recorded in Land Deed Book 334, at page 579, in the office of the Chancery Clerk of Marshall County, Mississippi. LESS AND EXCEPT: TRACT ONE BEING PART OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 3 WEST, MARSHALL COUNTY, MISSISSIPPI, more particularly described as follows: COMMENCING from a flat iron found at the Northwest corner of Section 17, Township 3 South, Range 3 West, Marshall County, Mississippi; thence South 00 degrees 33 minutes 40 seconds East for a distance of 3,005.97 feet along the section line to a point; thence North 89 degrees 26 minutes 20 seconds East for a distance of 2,634.27 feet to a point with a half inch iron pin set as a monument, said point being the POINT OF BEGINNING and 110.00 feet Northeasterly from the centerline of the BNSF Railway at Station 27518+61.89; thence South 49 degrees 10 minutes 01 seconds East for a distance of 16.21 feet to a half inch iron pin set; thence South 00 degrees 19 minutes 21 seconds East for a distance of 26.42 feet to a half inch iron pin set; thence South 50 degrees 53 minutes 51 seconds East for a distance of 103.00 feet to a half inch iron pin set; thence South 52 degrees 58 minutes 15 seconds East for a distance of 104.06 feet to a half inch iron pin set; thence with a curve to the left having a radius of 2,012.17 feet on a chord bearing of South 56 degrees 23 minutes 09 seconds East for a chord distance of 144.47 feet to a half inch iron pin set; thence South 59 degrees 51 minutes 00 seconds East for a distance of 111.79 feet to a half inch iron pin set; thence South 61 degrees 56 minutes 04 seconds East for a distance of 112 00 feet to a half inch iron pin set; thence South 62 degrees 58 minutes 11 seconds East for a distance of 113.81 feet to a half inch iron pin set; thence South 63 degrees 08 minutes 35 seconds East for a distance of 864.61 feet to a half inch iron pin set; thence South 21 degrees 37 minutes 10 seconds East for a distance of 60.34 feet to a point, said point being 50.00 feet from the centerline of the BNSF Railway and being on the existing Northern right of way lineof the railway; thence continuing along said existing right of way North 63 degrees 08 minutes 35 seconds West for a distance of 909.79 feet to a point on the existing right of way; thence continuing along said existing right of way North 62 degrees 58 minutes 10 seconds West for a distance of 114.19 feet to a point on the existing right of way, thence continuing along said existing right of way North 61 degrees 56 minutes 01 seconds West for a distance of 113.06 feet to a point on the existing right of way; thence continuing along said existing right of way North 59 degrees 50 minutes 55 seconds West for a distance of 113.63 feet to a point on the existing right of way; thence continuing along said existing right of way with a curve to the right having a radius of 2,052.71 feet on a chord bearing of North 56 degrees 23 minutes 09 seconds West for a chord distance of 147.35 feet to a point on the existing right of way; thence continuing along said existing right of way North 52 degrees 58 minutes 20 seconds West for a distance of 105.84 feet to a point on the existing right of way; thence continuing along said existing right of way North 50 degrees 54 minutes 53 seconds West for a distance of 86.42 feet to a point on the existing right of way; thence leaving said existing right of way North 00 degrees 22 minutes 03 seconds West for a distance of 78.91 feet to a half inch iron pin set, said point being POINT OF BEGINNING. Said parcel contains 1.46 acres and is subject to right of ways and easements of record.
right of way of U S. Highway 78, 2061.88 feet to the POINT OF BEGINNING said point being in the center of an existing roadbed; thence continue along the center of said existing roadbed, the following 4 calls: 1) North 32 degrees 00 minutes West 655.00 feet; 2) North 05 degrees 00 minutes East 300.00 feet; 3) North 14 degrees 00 minutes West 390.00 feet; 4) North 26 degrees 00 minutes East, 100.00 feet to a point;
I will sell and convey only such title as is vested in me as Trustee. WITNESS MY SIGNATURE on this the 14th day of August, 2009. William F. Schneller, Trustee Publishing Dates: Aug. 20, 27, Sept. 3, 10, 2009 (34-37c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF DAVID “JUNIOR” KIMBROUGH, DECEASED CAUSE NO. 98-0287 C.W. “CHUCK” THOMAS, ADMINISTRATOR C.T.A. SUMMONS BY THE SHERIFF OF MARSHALL COUNTY THE STATE OF MISSISSIPPI TO: ALL KNOWN HEIRS AND BENEFICIARIES OF THE ESTATE OF DAVID “JUNIOR” KIMBROUGH You have been made a defendant in a Contest Of Will filed in this Court by Patricia Hawthorne, Kenny Kimbrough,David Kimbrough, Larry Kimbrough, robert Kimbrough,Effie Kimbrough Gray, Odell Harris, Shirley Kimbrough Richmond, Will Contestants, seeking to set aside the purported Last Will and Testament of David “Junior” Kimbrough and allowing the Contestants to file and administration of the Estate of David “Junior” Kimbrough who died intestate on january 17, 1998, along with other relief. Defendants other than you in this action are Matthew Johnson, former Executor who was removed by Order of the Court made May 5, 2009, C.W. “Chuck” Thomas, Administrator C.T.A., by appointment of the Court made May 5, 2009, Mildred Washington, and all known heirs and beneficiaries of David “Junior” Kimbrough, deceased. This Summons and notice are given to you because you may have an interest that may be affected by the Contest Of Will and by any action the Court may take in this matter. You are required to mail or hand-deliver a written response of the Contest of Will filed against you in this actio to James L. Robertson, Esquire, Wise Carter Child & Caraway, the attorney for some of the Contestants, whose address is 401 East Capitol St., 6th Floor, Post Office Box 651, Jackson, Mississippi 39205-0651. Your response must be mailed or delivered not later than thirty (30) days after the 20th day of August, 2009, which is the date of the first publication of this Summons. Within a reasonable time thereafter, your response should also be mailed or delivered to the Chancery Clerk of Marshall County whose address is Post Office Box 219, Holly Springs, Mississippi 38635. If your response is not so mailed or delivered, a judgment by default will be entered against you for the money, other things, or other relief demanded in the Contest of Will or as otherwise allowable by law. You are further notified that issues presented in the Contest of Willi, attached hereto, are set for trial on their merits, and the responses of all who appear in opposition, in the Chancery Court of Marshall County, Mississippi in the Marshall County Courthouse in Holly Springs, Mississippi, on November 16, 2009. Issued under my hand and seal of said Court, this the 7th day of August, 2009. C.W. “Chuck” Thomas Marshall County Chancery Clerk Marshall county, Mississippi By: Madalynne Ash Deputy Clerk (34-36c) 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 24, 2004 executed by James Jamieson 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 350 pages 109-114 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, September 11, 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:
Subject to: 1999 taxes which will be paid by the grantor; easements and rights of way for public roads and utilities which may be reflected on the survey which is on file in the office of the Chancery Clerk of Marshall County, Mississippi; all zoning and building ordinances adopted by the Board of Supervisors of Marshall County, Mississippi, the Marshall County Planning and Development Authority and the Marshall County Board of Health.
WITNESS MY SIGNATURE on this the 14th day of August, 2009. William F. Schneller, Trustee Publishing Dates: Aug. 20, 27, Sept. 3, 10, 2009 (34-37c) NOTICEOFSALE WHEREAS, the United States of America, acting by and through the United States Department of Agriculture, is the owner and holder of the following real estate deed(s) of trust, securing an indebtedness therein mentioned and covering certain real estate hereinafter described located in Marshall County, Mississippi, said deed(s) of trust being duly recorded in the Office of the Chancery Clerk in and for said County and State: Grantors: King G. Honor and Fannie G. Honnor a/k/a Fannie G. Honor; Date Executed: April 6, 1993; Trust Deed Book: 183; Page 175. WHEREAS, default has occurred in the payment of the indebtedness secured by said deed(s) of trust, and the United States of America, as Beneficiary, has authorized and instructed me as Substitute Trustee to foreclose said deed(s) of trust by advertisement and sale at public auction in accordance with the statutes made and provided therefor. THEREFORE, notice is hereby given that pursuant to the power of sale contained in said deed(s) of trust and in accordance with the statutes made and provided therefor, the said deed(s) of trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the South front door of the County Courthouse in the city of Holly Springs,Mississippi, in the aforesaid County and will sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) on September 14, 2009, to satisfy the indebtedness now due under and secured by said deed(s) of trust. I will convey only such title as is vested in me as Substitute Trustee. The premises to be sold are described as:
Commence at the Northeast corner of the Southeast Quarter of Section 29, Township 5 South, Range 1 West, Marshall County, MS; thence run West for 1,991.2 feet to a 2 inch aluminum pipe; thence with a marked line, run South 0 degrees 20’ West for 333.8 feet to a wood post at the Southwest corner of the James Rhynes 14.17 acre tract; thence with the south line of the said tract run south 81 degrees 30’ East for 558.7 feet to a wood stake; said wood stake being the point of beginning for herein described parcel; thence continue with said line South 81 degrees 30’ East for 100 feet to a wood post at the Northwest corner of a one acre tract; thence with the West line of said tract run South for 143.9 feet to the Southwest corner of said one acre tract; thence with the South line of said tract run South 81 degrees 30’ East for 226.8 feet to a wood stake on the Northwest right-of-way of Highway No. 349; thence with said right-of-way run South 47 degrees 45’ West for 200 feet to a wood stake; thence leaving said right-of-way run North 60 degrees 0’ West for 30 feet; thence run North 43 degrees 0’ West for 10 feet thence run North 60 degrees 0’ West for 206.1 feet to a wood stake; thence run North 9 degrees 30’ East for 219 feet to the point of beginning, containing 1.21 acres.
Date Johnny M. Shell August 20, 2009 Substitute Trustee Duly authorized to act in the premises by instru- ment dated June 9, 2008, and recorded at Instrument Number 2008003888, of the records of the aforesaid County and State. (34-37c) SUBSTITUTE TRUSTEE'S NOTICE OF SALE STATE OF MISSISSIPPI COUNTY OF MARSHALL WHEREAS, on August 30, 2002, Demarco Davis executed and delivered a certain Deed of Trust unto Professional Services, Trustee for the benefit of First Franklin Financial Corporation, 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 310, Page 559, and re-recorded in Book 312, Page 773; and WHEREAS, said Deed of Trust was subsequently assigned unto Wells Fargo Bank, N.A. successor by merger to Wells Fargo Bank Minnesota, N. A., as Trustee for the First Franklin Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2002-FF3, by instrument recorded in the Office of the aforesaid Chancery Clerk in Instrument 2009003438; and WHEREAS, the holder of said Deed of Trust substituted and appointed Nationwide Trustee Services, Inc., as Trustee in said Deed of Trust by instrument recorded in the Office of the aforesaid Chancery Clerk Instrument 2009003442 ; and WHEREAS, default having been made in the payments of indebtedness secured by said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on September 10, 2009, I will, during legal hours (between the hours of 11 o' clock a.m. and 4 o' clock p.m.), at public outcry, offer for sale and will sell, at the South door of the Marshall County Courthouse in Holly Springs, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:
Indexing: Lot No. 9 of Phase I, Westridge Village Subdivision located in Section 30, Township 3 South, Range 2 West, Marshall County, Mississippi; being more particularly described as follows: Lot No. 9, Phase I of Westridge Village Subdivision, according to Plat prepared by Larry L. Britt, PE 7193, final plat dated August 3, 2001 and filed on August 8, 2001 at 9:37 a.m. in Plat File No. 879B in the office of the Chancery Clerk of Marshall County, Mississippi, and being further located in the Southwest Quarter of Section 30, Township 3 South, Range 2 West, Marshall County, Mississippi.
WITNESS MY SIGNATURE, this the 6th day of August, 2009 Christian Mayer Christian Mayer, Vice President Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 ext 0902282MS PUBLISH: 08/20, 08/27, and 09/03/2009 (34-36c) NOTICE The following storage units will be opened and the contents sold for delinquent rent on Sept. 4, 2009 at 9 a.m. at 975 Hwy. 7S, Holly Springs, MS 38685. Unit # Name 40 Kenneth Tucker 43 Brenda Glover 58 Jennette Ingram 66 Darlene Harris 88 Tracy Pegues
975 Hwy. 7 S. Holly Springs, MS 38635 (34c) |
     
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