Legal Notices
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE LAST WILL
AND TESTAMENT OF DOROTHY
ANN WEEKS
SEALE
DECEASED
NO. 09-0608R
DOROTHY OLIVIA SEALE
WHISENANT AND ROBERT
ANDERSON
SEALE, IV
CO-EXECUTORS
NOTICE TO CREDITORS
Letters Testamentary having been
granted on the 28th day of October, 2009, by the Chancery Court of
Marshall County, Mississippi, to the undersigned, upon the estate of
Dorothy Ann Weeks Seale, 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 OUR SIGNATURES on this the 28th
day of October, 2009.
DOROTHY OLIVIA SEALE WHISENANT
AND ROBERT ANDERSON SEALE, IV
CO-EXECUTORS
WILLIAM F. SCHNELLER
JONES & SCHNELLER, PLLC,
Attorneys
P.O. Box 417
Holly Springs, Mississippi
38635
Publish: Nov. 5, 12, and 19, 2009
(45-47c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN RE: VALIDATION OF MARSHALL COUNTY
SCHOOL DISTRICT LIMITED TAX NOTES IN THE MAXIMUM PRINCIPAL AMOUNT OF
THREE MILLION DOLLARS ($3,000,000).
NO. 09-0606-A
NOTICE TO TAXPAYERS
TO: THE TAXPAYERS OF THE MARSHALL
COUNTY SCHOOL DISTRICT, MARSHALL COUNTY, MISSISSIPPI
You are hereby notified that the matter
of the validation of the above-styled obligations will be heard on the
13th day of November, 2009, at 9:30 o’clock a.m., in the
Chancery Court of Marshall County, Mississippi, at the Marshall County
Courthouse in the City of Holly Springs, Mississippi, at or before
which time and date written objections to the validation of the
issuance of said obligations, if any, must be filed.
By order of the Chancellor, this the 28
day of October, 2009.
C.W. “Chuck” Thomas
Chancery Clerk
Marshall County, Mississippi
By: Madalynne Ash, D.C.
(45c)
NOTICE OF SUBSTITUTE TRUSTEE'S
SALE OF LAND
Under and by virtue of the authority
vested in me as Substitute Trustee in that certain Deed of Trust dated
October 2, 1996 executed by Roger D. Mitchell and Peggy K. Mitchell to
William G. Kemp, Trustee for the benefit of First State Bank of Holly
Springs, Mississippi, recorded in Land Deed of Trust Book 215 pages
208-213 in the records of the office of the Chancery Clerk of Marshall
County, Mississippi.
Deed of Trust dated December 2, 1996
executed by Roger Mitchell and Peggy K. Mitchell to William G. Kemp,
Trustee for the benefit of First State Bank of Holly Springs,
Mississippi, recorded in Land Deed of Trust Book 217 pages
361-363 in the records of the office of the Chancery Clerk of
Marshall County, Mississippi.
Deed of Trust dated January 17, 1997
executed by Roger Mitchell and Peggy K. Mitchell to William G. Kemp,
Trustee for the benefit of First State Bank of Holly Springs,
Mississippi, recorded in Land Deed of Trust Book 219 pages
493-495 in the records of the office of the Chancery Clerk of
Marshall County, Mississippi.
Deed of Trust dated January 17, 1997
executed by Roger Mitchell and Peggy K. Mitchell to William G. Kemp as
Trustee, to secure an indebtedness therein described to First State
Bank, said Deed of Trust being of record in Land Deed of Trust Book 220
pages 394-396, of the records of the Clerk of the Chancery Court of
Marshall County, Mississippi;
Deed of Trust dated October 2, 1996
executed by Roger D. Mitchell and Peggy K. Mitchell to William G. Kemp,
Trustee for the benefit of First State Bank of Holly Springs,
Mississippi, recorded in Land Deed of Trust Book 237 pages
553-558 in the records of the office of the Chancery Clerk of
Marshall County, Mississippi.
Deed of Trust dated June 15, 1998
executed by Roger D. Mitchell and Peggy K. Mitchell to D. Rook Moore,
III, Trustee for the benefit of First State Bank of Holly Springs,
Mississippi, recorded in Land Deed of Trust Book 237 pages
559-561 in the records of the office of the Chancery Clerk of
Marshall County, Mississippi.
Deed of Trust dated July 18, 2000
executed by Roger Mitchell and Peggy K. Mitchell unto William F.
Schneller as Trustee, to secure an indebtedness therein described to
First State Bank, said Deed of Trust being of record in Land Deed of
Trust Book 268 pages 16-18, of the records of the Clerk of the Chancery
Court of Marshall County, Mississippi;
Deed of Trust dated May 24, 2002
executed by Roger Mitchell and Peggy K. Mitchell unto William F.
Schneller as Trustee, to secure an indebtedness therein described to
First State Bank, said Deed of Trust being of record in Land Deed of
Trust Book 305 pages 158-160, of the records of the Clerk of the
Chancery Court of Marshall County, Mississippi;
Deed of Trust dated September 16, 2004
executed by Roger Mitchell a/k/a Roger D. Mitchell and Peggy Mitchell
a/k/a Peggy K. Mitchell unto William F. Schneller as Trustee, to secure
an indebtedness therein described to First State Bank, said Deed of
Trust being of record in Land Deed of Trust Book 364 pages 442-450 of
the records of the Clerk of the Chancery Court of Marshall County,
Mississippi;
Deed of Trust dated October 9, 2007
executed by Roger Mitchell a/k/a Roger D. Mitchell and Peggy Mitchell
a/k/a Peggy K. Mitchell unto William F. Schneller as Trustee, to secure
an indebtedness therein described to First State Bank, said Deed of
Trust being of record in Land Deed of Trust Book 450 pages 446-450
(2007011421) of the records of the Clerk of the Chancery Court of
Marshall County, Mississippi;
Deed of Trust dated July 18, 2008
executed by Roger Mitchell a/k/a Roger D. Mitchell and Peggy Mitchell
a/k/a Peggy K. Mitchell unto William F. Schneller as Trustee, to secure
an indebtedness therein described to First State Bank, said Deed of
Trust being of record as Instrument No. 2008004686 of the records of
the Clerk of the Chancery Court of Marshall County, Mississippi;
WHEREAS 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 Deeds of Trust, notice is hereby given that I, as
Substitute Trustee aforesaid, will, within lawful hours, at the South
front door of the Marshall County Courthouse, in the City of Holly
Springs, Mississippi, on MONDAY, NOVEMBER 30, 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 1:
Commence at the Southwest corner of Lot
No. 10 of Isbell Subdivision of Lot No. 19 West of the railroad in the
City of Holly Springs, Mississippi in Section 5, Township 4 South,
Range 2 West; thence North 275 feet to the point of beginning; thence
from point of beginning run North 318.7 feet to the South line of US
Highway 78; thence southeastwardly along said South line as it curves
to the left 329.0 feet to a point in the center of gravel road; thence
South 15° 0' West 213.3 feet to a point in gravel road; thence
North 78° 30' West 236.0 feet to the point of
beginning and being Parcel 1 upon survey prepared by Eddie Clark
Boatwright dated July 26, 1969 reference to which is hereby made
Tract 2:
Begin at the Southwest corner of Lot
No. 10 of the Isbell Subdivision of Lot No. 19 West of the Railroad in
the City of Holly Springs, Mississippi on Section 5, Township 4 South,
Range 2 West thence from said point of beginning run North along a
fence line 275.00 feet to a point; thence South 78° 30' East
236.0 feet to a point in gravel road; thence South 15° 0' West
43.6 feet to a point in gravel road; thence North 78° 30' West
98.3 feet to a point; thence South 27° 35' West 232.5 feet to
a point; thence North 87° 30' West 15.6 feet to the
point of beginning being depicted as Parcel 2 upon survey prepared by
Eddie Clark Boatwright dated July 26, 1969.
Tract 3:
Commence at the Southwest corner of Lot
10 of the Isbell Subdivision of Lot No. 19 West of the
Railroad in Holly Springs, Mississippi in Section 5, Township
4 South, Range 2 West Marshall County, Mississippi; thence South
87° 30' East 15.6 feet to the point of beginning; thence from
point of beginning run North 27° 35' East 232.5 feet to a
point; thence South 78° 30' East 98.3 feet to a point in
gravel road; thence South 15° 0' West 202.4 feet to a point;
thence North 87° 30' West 151.1 feet to the point of beginning
and being Parcel No. 3 upon survey prepared by Eddie Clark Boatwright
dated July 26, 1969.
The undersigned was appointed as SubstituteTrustee by
instruments dated October 8, 2009 and October 9, 2009 and
filed for record as Instrument No. 2009004674 and 2009004699 all in the
land records of the Clerk of the Chancery Court of 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 Substitute
Trustee.
WITNESS MY SIGNATURE on this the 21st
day of October, 2009.
William F. Schneller, Substitute Trustee
Publishing Dates:
Nov. 5, 12, 19, 26, 2009
(45-48c)
SUBSTITUTED TRUSTEE'S
NOTICE OF SALE
WHEREAS, on March 11, 2005, Otis
Jeffries, A Single Person executed a certain deed of trust to Nations
Title, Trustee for the benefit of Mortgage Electronic Registration
Systems, Inc. which deed of trust is of record in the office of the
Chancery Clerk of Marshall County, State of Mississippi in Book 378 at
Page 263; and
WHEREAS, Mortgage Electronic
Registration Systems, Inc. has heretofore substituted J. Gary Massey as
Trustee by instrument dated October 5, 2009 and recorded in the
aforesaid Chancery Clerk's Office as Instrument Number 2009004807; 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, Mortgage Electronic
Registration Systems, Inc., the legal holder of said indebtedness,
having requested the undersigned Substituted Trustee to execute the
trust and sell said land and property in accordance with the terms of
said deed of trust and for the purpose of raising the sums due
thereunder, together with attorney's fees, trustee's fees and expense
of sale.
NOW, THEREFORE, I, J. Gary Massey,
Substituted Trustee in said deed of trust, will on December 3, 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 Door of
the County Courthouse of Marshall County, located at Holly Springs,
Mississippi, to the highest and best bidder for cash the following
described property situated in Marshall County, State of Mississippi,
to-wit:
Lot 17 of Ford Subdivision, Phase II, in Section 6, Township 4 South,
Range 2 West, City of Holly Springs, Marshall County, Mississippi.
I WILL CONVEY only such title as vested in me as Substituted Trustee.
WITNESS MY SIGNATURE on this 30th day
of October, 2009.
J. Gary Massey
SUBSTITUTED TRUSTEE
Shapiro & Massey, L.L.P.
1910 Lakeland Drive, Suite B
Jackson, MS 39216
(601)981-9299
145 Honduras Street
Holly Springs, MS 38635
09-103360DM
Publication Dates: Nov. 5, 12, 19 and
26, 2009
(45-48c)
SUBSTITUTED TRUSTEE'S
NOTICE OF SALE
WHEREAS, on December 21, 2000, Jermaine
Hill and Earline S. Hill executed a certain deed of trust to Jeffrey M.
Ruben, Trustee for the benefit of HomeAmerican Credit Inc d/b/a Upland
Mtg. which deed of trust is of record in the office of the Chancery
Clerk of Marshall County, State of Mississippi in Book 274 at Page 819;
and
WHEREAS, said Deed of Trust was
subsequently assigned to The Bank of New York Mellon, as Indenture
Trustee for the registered holders of ABFS Mortgage Loan Trust 2001-1,
Mortgage Pass-Through Certificates, Series 2001-1 by instrument dated
September 10, 2009 and recorded as Instrument No. 2009004599 of the
aforesaid Chancery Clerk's office; and
WHEREAS, The Bank of New York Mellon,
as Indenture Trustee for the registered holders of ABFS Mortgage Loan
Trust 2001-1, Mortgage Pass-Through Certificates, Series 2001-1 has
heretofore substituted J. Gary Massey as Trustee by instrument dated
October 2, 2009 and recorded in the aforesaid Chancery Clerk's Office
as Instrument Number 2009004826; 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, The Bank of New York
Mellon, as Indenture Trustee for the registered holders of ABFS
Mortgage Loan Trust 2001-1, Mortgage Pass-Through Certificates, Series
2001-1, the legal holder of said indebtedness, having requested the
undersigned Substituted Trustee to execute the trust and sell said land
and property in accordance with the terms of said deed of trust and for
the purpose of raising the sums due thereunder, together with
attorney's fees, trustee's fees and expense of sale.
NOW, THEREFORE, I, J. Gary Massey,
Substituted Trustee in said deed of trust, will on December 3, 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 Door of
the County Courthouse of Marshall County, located at Holly Springs,
Mississippi, to the highest and best bidder for cash the following
described property situated in Marshall County, State of Mississippi,
to-wit:
All that certain parcel of land lying and being situated in the County
of MARSHALL, State of MS, to-wit:
BEGINNING AT A POINT 1,129.65 FEET
NORTH OF THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 2 SOUTH, RANGE 4
WEST, MARSHALL COUNTY, MISSISSIPPI, SAID POINT BEING 120.73 FEET NORTH
OF THE NORTHEAST CORNER OF A CERTAIN ONE ACRE LOT SURVEYED BY HALLE
SHAW (5-18-83); THENCE SOUTH 86° 30' WEST 361.97 FEET; THENCE
NORTH 3° 30' EAST 362 FEET; THENCE NORTH 86° 30' EAST
354.36 FEET TO WEST SIDE OF PUBLIC ROAD; THENCE SOUTH 4° 42'
10" EAST WITH THE WEST SIDE OF PUBLIC ROAD 362.08 FEET TO THE POINT OF
BEGINNING AND CONTAINING 3.0 ACRES.
I WILL CONVEY only such title as vested in me as Substituted Trustee.
WITNESS MY SIGNATURE on this 29th day
of October, 2009.
J. Gary Massey
SUBSTITUTED TRUSTEE
Shapiro & Massey, L.L.P.
1910 Lakeland Drive, Suite B
Jackson, MS 39216
(601)981-9299
709 Battle Road
Byhalia, MS 38611
09-103293DM
Publication Dates: Nov. 5, 12, 19 and
26, 2009
(45-48c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
FLORETTA W.
BOUNDS,
PLAINTIFF
VS.
NO.09-0612R
MARION LEE, CHARLES RONALD
HONSA, THE UNKNOWN HEIRS
OF MARION LEE AND THE UNKNOWN
HEIRS OF CHARLES HONSA
DEFENDANTS
SUMMONS IN RULE 81 ACTIONS
TO: Marion Lee, Charles Ronald Honsa,
The Unknown Heirs of Marion Lee and the Unknown Heirs of Charles Honsa,
whose places of residence and post office addresses are unknown after
diligent search and inquiry.
You have been made a Defendant in the
suit filed in this Court by Floretta W. Bounds, Plaintiff, seeking
quieting and confirmation of title. You are the only Defendants in this
action.
You are summoned to appear and defend
against the complaint or petition filed against you in this action at
9:30 o'clock, A.M., on the 11th day of December, 2009, in the courtroom
of the Marshall County Courthouse at Holly Springs, Mississippi, and in
case of your failure to appear and defend a judgment will be entered
against you for the money or other things demanded in the complaint or
petition.
You are not required to file an answer
or other pleading, but you may do so if you desire.
Issued under my hand and the seal of
said Court, this the 30th day of October, 2009.
C.W. “CHUCK”
THOMAS,
CHANCERY CLERK
OF MARSHALL COUNTY, MISSISSIPPI
By Karen Cook, D.C.
Publish: Nov. 5, 12 and 9, 2009
Jones & Schneller, PLLC
(45-47c)
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