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February 18, 2010
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Thursday,
February 18, 2010 |
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Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | Photo Gallery |
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Legal NoticesSUBSTITUTE TRUSTEE’S NOTICE OF SALE WHEREAS, on June 4, 2003, Nathaniel Strickland and Cassandra Strickland, husband and wife executed a deed of trust to Professional Services Title, Trustee for the benefit of New Century Mortgage Corporation, which deed of trust is recorded in Deed of Trust Book 329 at Page 554 in the office of the Chancery Clerk of the County of Marshall, State of Mississippi; and WHEREAS, the aforesaid deed of trust was assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2003, MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2003-NC8, by instrument dated May 10, 2003, and recorded in Book 92 at Page 588 of the records of the aforesaid Chancery Clerk; and WHEREAS, the aforesaid, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2003, MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2003-NC8, the holder of said deed of trust and the note secured thereby, substituted James L. DeLoach as Trustee therein, as authorized by the terms thereof, by instrument dated July 10, 2009 and recorded in the office of the aforesaid Chancery Clerk in Instrument Number 2009003344; and WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2003, MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2003-NC8, having requested the undersigned Substitute Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney’s fees, Substitute Trustee’s fees and expense of sale; NOW, THEREFORE, I, James L. DeLoach, Substitute Trustee in said deed of trust, will on March 11, 2010, offer for sale at public outcry for cash to the highest bidder, and sell within legal hours (being between the hours of 11:00 A.M. and 4:00 P.M.) at the Front steps of Courthouse, Holly Springs, Marshall County, State of Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit; BEGIN AT A 1/2" REBAR SET LOCATED 2323.04 FEET SOUTH AND 365.93 FEET EAST OF A 2" PIPE FOUND AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 3 SOUTH, RANGE 2 WEST, IN MARSHALL COUNTY, MISSISSIPPI AND RUN SOUTH 89 DEGREES 59 MINUTES 48 SECONDS EAST FOR A DISTANCE OF 134.43 FEET TO A 1/2" REBAR SET ON THE WEST RIGHT-OF-WAY OF HUGGINS DRIVE; RUN THENCE SOUTH 05 DEGREES 19 MINUTES 48 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 89.38 FEET TO A 1/2" REBAR SET; RUN THENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST ALONG SAID RIGHT-OF-WAY FOR A DISTANCE OF 143.55 FEET TO A 1/2" REBAR SET; RUN THENCE NORTH 00 DEGREES 31 MINUTES 39 SECONDS EAST FOR A DISTANCE OF 89.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.2840 ACRE OR 12,369.7247 SQUARE FEET, MORE OR LESS. SAID LOT BEING DESIGNATED AS LOT NO. 2 OF THE ANDERSON HOMES LLC TRACT ON FILE IN SAID SECTION, TOWNSHIP AND RANGE."
WITNESS MY SIGNATURE, this the 10th day of February, 2010. James L. DeLoach Substitute Trustee Butler & Hosch, P.A. 13800 Montfort Drive, Suite 300 Dallas, Texas 75240 Telephone No.:(972) 233-2500 PUBLISH: February 18, February 25, and March 4. (07-09c) NOTICE TO BIDDERS Sealed bids will be received by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi for the pole lighting for Holly Springs Commons in the office of the Clerk of said City, at City Hall at 160 South Memphis Street, Holly Springs, Mississippi, until the hour of 5:30 p.m. local time, April 06, 2010, at which time on said date, all bids shall be publically opened and read aloud in the board room of said Mayor and Board of Aldermen. No bidder may withdraw a bid submitted for a period of thirty (30) days after the date of opening such bids. The City of Holly Springs reserves the right to reject any and all bids and to waive any informalities therein. All items are available for review at the Holly Springs Utility Department, 1050 Highway 4, East, between the hours for 8:00 a.m. to 5:00 p.m. All bids shall be enclosed in an envelope with “Bid” written on the outside. So ordered by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, on this the 19th day of January, 2010. \ s\ Andre’ DeBerry, Mayor Attest: Belinda McDonald, City Clerk Dates of Publication: February 18, 2010 February 25, 2010 (07-08c) 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 March 11, 2010 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:
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 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: February 5, 2010 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 (07-09c) Notice The accounts of Carol and Don Barnes, Linda G. Cross, Terry Brockwell, Mike Haislip, Jimmy Beckworth and Nicole will be closed as of March 6, 2010. Auction date is March 8, 2010
J.I.B. Management (07-08c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI SALLY ANN AFANA PLAINTIFF VS. NO. 2010-0069A JAMAL AFANA DEFENDANT SUMMONS TO: Jamal Afana, whose present residence and address is unknown after diligent search and inquiry, but whose last known residence address was 716 Vaughn, Memphis, Tennessee 38122. You have been made Defendant in the lawsuit filed in this Court by Sally Ann Afana, Plaintiff, whose address is 2275 Higdon Road, Holly Springs, Mississippi. The Complaint filed against you has initiated a civil action for divorce described in the Complaint. You are hereby summoned to this Court and you are required to mail or hand-deliver a copy of a written Answer either admitting or denying each allegation in the Complaint to William F. Schneller, Plaintiff's attorney, whose address is: Jones & Schneller, PLLC, P.O. Box 417, Holly Springs, Mississippi, 38635. YOUR ANSWER MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE18th DAY OF FEBRUARY, 2010, WHICH IS THE DATE OF THE FIRST PUBLICATION OF THIS SUMMONS.IF YOUR ANSWER IS NOT SO MAILED OR DELIVERED, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT. You must also file the original of your Answer with the Clerk of this Court. Issued under my hand and the seal of said Court, this the 12th day of February, 2010. C.W. “CHUCK” THOMAS, CHANCERY CLERK OF MARSHALL COUNTY, MISSISSIPPI By Marshall Finley, D.C. Publish: 2/18; 2/25 and 3/4, 2010. Jones & Schneller, PLLC (07-09c) |
     
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