Thursday, September 15, 2011
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Thursday, September 15, 2011 |
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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 NoticesNOTICE TO SEWAGE CUSTOMERS Since its creation in 2006, Marshall Utility Services (“MUS”) has strived to be a reliable, quality service public utility providing water and sewage disposal service in Marshall County, Mississippi. MUS plans to continue to properly maintain and upgrade the reliability of the systems. Current and projected costs have caused the Company, after much analysis, to file a Notice of Intent to Change Rates with the Mississippi Public Service Commission. MUS’ filing was made on August 31, 2011. The proposed rates are as follows: Residential Sewage Rate: NO changes in rates are proposed; Industrial Rate: Base rate increase from $23.80 to $40.00 per 6,000 gallons of water usage per month. Replace variable rate of $3.60 per 1,000 gallons of water usage to $4.00 per employee; A minimum monthly rate of $80.00 plus any surcharges Added surcharges of: $25.00 per month for each grease trap/oil separator $25.00 per month if facility tied to lift station for pumping sewage to treatment plant. Commercial Rates: Mobile Homes (in park): Base rate increase of 25% to $20.80 per unit within a Park; Variable rate increase of 25% to $4.50 per 1,000 gallons of water used per month; An added surcharge of $1.00 per unit if facility is tied to a lift station for pumping sewage to a treatment plant. Motels/Hotels: Base rate increase from $23.80 to $40.00 per 6,000 gallons of water used per month; Eliminate variable rate component of $3.60 per 1,000 gallons of water used per month; An increase per room of a monthly fee of $10.00 to $15.00; An added surcharge of $25.00 if facility tied to lift station for pumping sewage to a treatment plant. All other Commercial: Base rate increase from $23.80 to $40.00 per 6,000 gallons of water used per month; Eliminate variable rate component of $3.60 per 1,000 gallons of water used per month; Added fee of $4.00 per employee at the facility; A minimum monthly rate of $80.00 plus any surcharges; An added surcharge of $25.00 per month for each grease trap/oil separator; An added surcharge of $25.00 per month if facility is tied to a lift station for pumping sewage to a treatment plant. Charge for Extra Strength Waste: A balance treatable wastewater will have a carbon, nitrogen phosphorous ratio of approximately 100:5:1. Any variation from this ratio or deficiency in the users’ waste stream which is determined as detrimental to the WWTP may be cause for the MUS to: Reject the waste; Require the user to provide additional treatment; or, Add a surcharge to cover the cost of treatment and disposal associated with the waste in question. In no case will MUS accept any waste that exceeds the capability of wastewater treatment plant (WWTP) to meet its NDPES permit. MUS may sample any user that has the potential to contribute anything other than domestic wastewater to the Chickasaw Trails wastewater treatment plant. All sample collection and analyses will conform to Code of Federal Regulations Title 40, Part 136. All costs associated with sample collection, preservation, transportation, and analyses that show values in excess of Table 1 will be billed to the user. MUS may be a user an established surcharge for up to six (6) months based on one sample. Should the user wish to have their waste reanalyzed, all costs associated with sample collection, preservation, transportation, and analyses will be borne by the user. All samples collected for the purpose of establishing a surcharge will be collected during mid-week or mid production cycle and shall be representative of a normal discharge. Table One (1) provides the plant design criteria, any waste discharged by a user exceeding the values provided in Table 1 will be charged in the following manner: Table 1 Plant design criteria Parameter Value % Load Biochemical BOD5 275 mg/l 40% Oxygen Demand Total TSS 300 mg/l 30% Suspended Solids Ammonia NH3-N 35 mg/l 30% Nitrogen The waste will be sampled and compared to the values provided in Table 1. The following formula will be calculated for all three parameters. Any result equal to or less than zero will be considered zero for use in subsequent calculations. ((A-B) / B) x C A = Actual measured value B =Table 1 Value C = Table 1% Load (as decimal) We assure you that we have made this filing as a necessity to operate the systems properly. We look forward to meeting your needs at fair and reasonable rates for these services. You may contact the Commission by correspondence addressed to Brian U. Ray, Executive Secretary of the Mississippi Public Service Commission at Post Office Box 1174, Jackson, Mississippi 39215-1174; at his telephone number (601) 961-5434 or via email at brian.ray@psc.state.ms.us. You may also e-file an intervention in these cases using this address: efile@psc.state.ms.us. (37c) 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 May 22, 2007 executed by Freddie L. Ware and Angela L. Ware, 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 439 pages 852-857 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 front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, October 7, 2011 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:
Source Deed: This is a part of the same land and property as conveyed to Flick’s Realty, Inc. By Warranty Deed from Hazel C. Hewlett dated June 22, 2005 and recorded in Land Deed Book 358 at page 144 in the office of the Chancery Clerk of Marshall County, Mississippi. Subject to Rights of Way and easements for public road and utilities. Subject to laws, ordinances and regulations which govern the use and occupancy of this land enacted by the United States of America, The State of Mississippi and its political subdivisions and particularly including the subdivision regulations and zoning ordinances adopted by ordinances of the Board of Supervisors of Marshall County, Mississippi none of which render title unmarketable. The real property or its address commonly known as Tract #13 Hazel Hills, MS.
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 31st day of August, 2011. William F. Schneller, Trustee Publishing Dates: Sept. 15, 22, 29, Oct. 6, 2011 (37-40c) STATE OF MISSISSIPPI COUNTY OF MARSHALL SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on September 15, 2009, TWIN OAKS, LTD., executed a Deed of Trust to William F. Schneller, Trustee, for the benefit of First State Bank, which Deed of Trust is filed for record as Instrument No. 2009004477, in the office of the Chancery Clerk of Marshall County, Mississippi; and WHEREAS, said Deed of Trust authorized the appointment and substitution of another Trustee in the place of the Trustee named in said Deed of Trust or subsequently substituted therein, and First State Bank, appointed and substituted J. Kizer Jones as Trustee therein, by instrument dated July 22, 1011, and duly filed for record September 2, 2011, in the office of the aforesaid Chancery Clerk as Instrument No. 2011003460; 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, First State Bank, having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney's fees, Trustee's fees and expense of sale; NOW, THEREFORE, I, J. Kizer Jones, Trustee in said deed of trust, will on the 7th day of October, 2011, 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 door of the County Courthouse at Holly Springs, County of Marshall, State of Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit:
Source Deed: This is a part of the same land and property as conveyed to Twin Oaks, LTD a/k/a Twin Oaks Corporation by Warranty Deed found and recorded in Land Deed Book 344, at page 319, in the office of the Chancery Clerk of Marshall County, MS. Subject to: Right of way and easements for public road and utilities. Subject to: Laws, ordinance, and regulations which govern title use and occupancy of this land enacted by the USA, the State of MS, and its political Subdivisions and particularly including the subdivision regulations and zoining ordinances adopted by ordinances of the Board of Supervisors of Marshall County, Mississippi none of which render title unmarketable.
WITNESS MY SIGNATURE, this, the 9th day of September, 2011. /J. KIZER JONES / J. KIZER JONES, SUBSTITUTED TRUSTEE PUBLISH: SEPT. 15, 22, 29, OCTOBER 6, 2011 (37-40c) 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 11, 2001 executed by Clyde Toles 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 279 pages 616-618 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, onFriday, October 7, 2011offer 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:
This Correction Special Warranty Deed is executed and delivered for the purpose of correcting the description in the Special Warranty Deed executed by Bank of Holly Springs to Clyde Toles, dated December 17, 1997 recorded in Book 289 page 314 and the description in the QuitClaim Deed executed by Bank of Holly Springs to Clyde Toles dated December 17, 1997 recorded in Book 289 page 316 in the office of the Chancery Clerk of Marshall County, Mississippi and to further perfect title in the grantee’s herein, Clyde Toles the present owner of said above described land. Subject to: Rights of way and easements for public road and utilities. Subject to: Laws, ordinances and regulations which govern the use and occupancy of this land enacted by the United States of America, the State of Mississippi and its political subdivisions and particularly including the subdivision regulations and zoning ordinances adopted by the Board of Supervisors of Marshall County, Mississippi none of which render title unmarketable.
WITNESS MY SIGNATURE on this the 13th day of September, 2011. William F. Schneller, Trustee Publishing Dates: Sept. 15, 22, 29 and Oct. 6, 2011 (37-40c) MISSISSIPPI PUBLIC SERVICE COMMISSION JACKSON, MISSISSIPPI September 13, 2011 2011-UN-287 MARSHALL UTILITY SERVICES, INC. SD003217300 IN RE: NOTICE OF MARSHALL COUNTY INDUSTRIAL AUTHORITY AND MARSHALL UTILITY SERVICES, INC. OF INTENT TO INCREASE RATES FOR SEWAGE DISPOSAL SERVICE IN ITS CERTIFICATED AREA IN MARSHALL COUNTY, MISSISSIPPI. NOTICE NOTICE is hereby given that on the 8th day of September, 2011, Marshall Utility Services, Inc. filed with the Mississippi Public Service Commission the above referenced matter. Any person desiring to participate in or receive further notice of these proceedings is required under RP 6.121 of the Commission’s Public Utility Rules of Practice and Procedure to file a written petition to intervene on or before twenty (20) days from the date of this Notice. This cause is returnable to the next regular meeting of the Commission to be held at 10:00 A.M., Tuesday, October 4, 2011, at the Mississippi Public Service Commission, 1st Floor, Woolfolk State Office Building, Jackson, Mississippi. This cause may be heard on said return date, if a hearing is necessary, or be subject to being set for disposition on a hearing date not less than twenty (20) days from the date of publication of this Notice. If protest, answer or other appropriate pleading is on file in response to this matter, the Commission will consider same on said hearing date. WITNESS MY HAND AND THE OFFICIAL SEAL of the Mississippi Public Service Commission, on this, the 13th day of September, 2011. BRIAN U. RAY Executive Secretary (37c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI MACKEY B. RODGERS, TESTATOR VS. CAUSE NO: 2011-0498R BETTY M. RODGERS, EXECUTRIX NOTICE TO CREDITORS Letters Testamentary were granted to the undersigned on the Estate of Mackey B. Rodgers, Deceased, by the Chancery Court of Marshall County, Mississippi, on September 6, 2011, 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 12th day of September, 2011. /s/ Betty M. Rodgers BETTY M. RODGERS, 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 Mackey B. Rodgers (37-39c) OFFICE OF STATE AID ROAD CONSTRUCTION MISSISSIPPI DEPARTMENT OF TRANSPORTATION AND MARSHALL COUNTY BOARD OF SUPERVISORS SECTION 900 NOTICE TO CONTRACTORS: Sealed bids will be received by the Board of Supervisors of Marshall County, Mississippi in the board room of the Marshall County Courthouse, Holly Springs, Mississippi, until 10:00 AM on the 17th day of October, 2011 and shortly thereafter publicly opened for the construction of 3.003 miles of BASE REPAIR, LEVELING, OVERLAY, SHOULDER REPAIR, STRIPING AND SIGNING on ROADS "A" - "B" being known as Project No. SAP-47(14)M in Marshall County, Mississippi. PRINCIPAL ITEMS OF WORK ARE APPROXIMATELY AS FOLLOWS: ITEM QUANTITY UNIT ROADWAY ITEMS: MOBILIZATION LUMP SUM LS GRANULAR MATERIAL, (CLASS 4, GROUP C) 2,401.000 TON HOT MIX ASPHALT, ST. 9.5 mm 2,968.000 TON HOT MIX ASPHALT, ST, 9.5 mm, 113.000 TON LEVELING AND EDGE REPAIR MAINTENANCE OF TRAFFIC LUMP SUM LS ADDITIONAL CONSTRUCTION SIGNS 0.000 SF 4" WIDE THERMOPLASTIC EDGE STRIPE 6.629 MI (CONTINUOUS WHITE) (60 MILS) 4" WIDE THERMOPLASTIC TRAFFIC 2.699 MI STRIPE (SKIP YELLOW) (90 MILS) 4" WIDE THERMOPLASTIC TRAFFIC STRIPE 11,022.000 LF (CONTINUOUS YELLOW) (90 MILS) THERMOPLASTIC LEGEND (WHITE) (120 MILS) 405.000 LF THERMOPLASTIC LEGEND (WHITE) (120 MILS) 126.000 SF TWO-WAY YELLOW REFLECTIVE HIGH 222.000 EA PERFORMANCE RAISED MARKERS REFLECTORIZED TRAFFIC WARNING SIGN 4.000 EA (ENCAPSULATED LENS) REFLECTORIZED TRAFFIC REGULATORY SIGN 1.000 EA (ENCAPSULATED LENS) REFLECTORIZED TRAFFIC OBJECT MARKER 4.000 EA (ENCAPSULATED LENS)(TYPE 3) REFLECTORIZED RAILROAD CROSSING 2.000 EA (CROSS BUCK) SIGN (ENCAPSULATED LENS) REFLECTORIZED ADVANCED WARNING SIGN 2.000 EA (ENCAPSULATED LENS) CONTRACT TIME: 45 Working Days BASIS OF AWARD The award, if made, will be made to the lowest qualified bidder on the basis of published quantities. The Board of Supervisors hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement; minority business enterprise will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. PLANS AND SPECIFICATIONS are on file in the Office of the Chancery Clerk of Marshall County, the County Engineer's office and the Office of the State Aid Engineer, 412 E. Woodrow Wilson Avenue, Jackson, Mississippi. This project shall be constructed in accordance with the latest edition of the Mississippi Standard Specifications for State Aid Road and Bridge Construction. PLANS AND PROPOSALS may be secured from Larry L. Britt, County Engineer for Marshall County, Mississippi, P.O. Box 308, 823 North Lamar Blvd., Oxford, MS 38655, 662-234-1763. The Cost is seventy-five dollars ($75.00) for plans and thirty dollars ($30.00) for the proposal, non-refundable. Certified check or bid bond for five percent (5%) of the total bid, made payable to Marshall County and the State of Mississippi must accompany each proposal. Bidders are hereby notified that any proposal accompanied by letters qualifying in any manner the condition under which the proposal is tendered will be considered an irregular bid and such proposal will not be considered in making the award. /s/ Ronnie Jo Bennett, President Marshall County Board of Supervisors (37-38c) NOTICE OF SUBSTITUTE TRUSTEE`S SALE STATE OF MISSISSIPPI COUNTY OF MARSHALL WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated February 26, 2007, executed by ELIZABETH SHERMAN, PERRY SHERMAN, conveying certain real property therein described to Thomas F. Vetters, as Trustee, for Mortgage Electronic Registration Systems, Inc., as nominee for Homestead Mortgage, LLC, Original Beneficiary, to secure the indebtedness therein described, as same appears of record in the office of the Chancery Clerk of Marshall County, Mississippi filed February 26, 2007 and recorded March 2, 2007, in Deed Book 433, Page 242; and WHEREAS, on July 28, 2011 the beneficial interest of said Deed of Trust was transferred and assigned to Deutsche Bank National Trust Company, as trustee (not in its individual capacity but solely as trustee), in trust for registered holders of VCM Trust Series 2009-2 by instrument recorded in the office of the aforesaid Chancery Clerk at Instrument Number 2011002962; and WHEREAS, on July 28, 2011, the undersigned, Rubin Lublin Suarez Serrano LLC has been appointed as Substitute Trustee by instrument recorded in the office of the aforesaid Chancery Clerk at Instrument Number 2011002966; and NOW, THEREFORE, the holder of said Deed of Trust, having requested the undersigned so to do, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee shall, on October 6, 2011 within the lawful hours of sale between 11:00AM and 4:00PM at the south door of the Courthouse proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Marshall County, Mississippi, to wit:
PROPERTY ADDRESS: The street address of the property is believed to be 298 COLDWATER BEND, HOLLY SPRINGS, MS 38635. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WITNESS MY SIGNATURE, this ____ day of September, 2011. Rubin Lublin Suarez Serrano LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846 PUBLISH: 09/15, 09/22, 09/29/2011 Ad # 15019: 2011-09-15 2011-09-22, 2011-09-29 (37-39c) The following vehicles will be sold for unpaid wrecker fees and storage fees on Sept. 30, 2011, at 9 a.m. at 2021 St. Paul Rd., Byhalia, MS 38611. 1992 Mercury 2MECM75WONX654754 2004 Yamaha JYAVM01E44A069273 2000 Ford Taurus 1FAFP5521YG208491
2021 St. Paul Rd. Byhalia, MS 38611 662-838-3994 (37-39c) MISSISSIPPI PUBLIC SERVICE COMMISSION JACKSON, MISSISSIPPI September 09, 2011 2011-UN-286 TOWN OF POTTS CAMP WM003107700 IN RE: NOTICE OF TOWN OF POTTS CAMP, MISSISSIPPI OF INTENT TO INCREASE RATES FOR WATER SERVICE IN ITS CERTIFICATED AREA IN MARSHALL AND BENTON COUNTIES, MISSISSIPPI. NOTICE NOTICE is hereby given that on the 6th day of September, 2011, Town of Potts Camp, Mississippi filed with the Mississippi Public Service Commission the above referenced matter. Any person desiring to participate in or receive further notice of these proceedings is required under RP 6.121 of the Commission’s Public Utility Rules of Practice and Procedure to file a written petition to intervene on or before twenty (20) days from the date of this Notice. This cause is returnable to the next regular meeting of the Commission to be held at 10:00 A.M., Tuesday, October 4, 2011, at the Mississippi Public Service Commission, 1st Floor, Woolfolk State Office Building, Jackson, Mississippi. This cause may be heard on said return date, if a hearing is necessary, or be subject to being set for disposition on a hearing date not less than twenty (20) days from the date of publication of this Notice. If protest, answer or other appropriate pleading is on file in response to this matter, the Commission will consider same on said hearing date. WITNESS MY HAND AND THE OFFICIAL SEAL of the Mississippi Public Service Commission, on this, the 9th day of September, 2011. BRIAN U. RAY Executive Secretary (37c) 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, courthouse, Post Office Box 219, Holly Springs, Mississippi 38635, until 10:00 A.M. Monday October 17th, 2011 and thereafter publicly open them for: A.(1.) Furnishing material, placing, and compacting double bituminous surface treatment per mile. A mile shall be constructed in accordance with current State Aid Specifications and shall consist of, but not limited to seal coarse (#7 limestone), mat coarse (#56 or # 57 limestone), liquid asphalt (CRS-2 or CRS-2P), and, or prime coat. Rates of application shall be as specified by State Aid Specifications. A.(2.) Same Specifications as item A(1) with County furnished Limestone. B.(1.)Furnishing material, placing, and compacting seal surface consisting of # 7 limestone and CRS-2 or CRS – 2P. According to State Aid Specifications. B.(2.) Same specifications as item B.(1) with County furnished Limestone. Bid should include traffic control as specified by State Aid work order (s) shall be Be issued for individual assignments and shall be completed within 45 calendar days of the date of work order. BID PRICES ACCEPTED SHALL BE FOR A PERIOD OF 12 MONTHS, OCTOBER 17th, 2011 THROUGH OCTOBER 17th, 2012. 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 12th day of September, 2011. Larry Hall County Administrator (37-38c) LEGAL NOTICE Requests for Proposals (RFP) for the FOUNDATION FOR FAMILIES INDEPENDENT EVALUATOR Mississippi Department of Human Services The Mississippi Department of Human Services (MDHS) will accept sealed proposals during business hours of 8:00 a.m. - 4:30 p.m. until October 17, 2011 at the MDHS State Office Building Lobby, 750 North State Street, Jackson MS 39202, or by mail at P.O. Box 352, Jackson, MS 39205-0352, for the purpose of soliciting proposals from interested parties who can most effectively and cost-efficiently develop a customized web-based tool to track program activities, measure program performance, and evaluate program success; and, evaluate the Foundation for Families Programs (Families First Resource Centers, and Youth Prevention and Intervention Program) and other Subgrantees. Proposals will be accepted from public and private research-based organizations or local universities with experience in conducting evaluation research on community or school-based programs that are designed to improve the economic and social well-being of children and families. The Subgrantee for this grant shall develop a customized web-based tool using standard web-based tools for use by MDHS subgrantees. The Subgrantee shall have had proven experience both technically and programmatically in developing web-based evaluation, data entry and reporting tools. The web-based system shall be scalable for future growth in the program. This Request for Proposals (RFP) can be picked up at the MDHS State Office, downloaded from the MDHS website@mdhs.state.ms.us or obtained by mail upon request to: John Davis, Division of Economic Assistance Mississippi Department of Human Services 750 North State Street Jackson, MS 39202 (601) 359-4810 MDHS reserves the right to reject or negotiate any and all proposals or cancel this request for proposals at its discretion. (37-38c) 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 12th day of October, 2011, 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:
One acre described as starting at the Northeast corner of the Southeast Quarter of Section 15, Township 4 South, Range 5 West, Marshall County, Mississippi. Run thence South 132 feet to the point of beginning of the property herein described. Run thence South 132 feet to a point; thence run West 330 feet to a point; thence run North 132 feet to a point; thence run East 330 feet to the point of beginning, containing one acre. Being in the Northeast Quarter of the Southeast Quarter of Section 15, Township 4 South, Range 5 West, Marshall County, Mississippi.
I will convey only such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE, this, the 7th day of September, 2011. /s/ W. Stewart Robison, Substituted Trustee Publish: Sept. 15, 22, 29, and Oct. 6, 2011 (37-40c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, A. Richard Litwa, as Grantor, executed that certain Deed of Trust to William F. Schneller, Trustee, for the benefit of First State Bank, as Beneficiary, bearing the date of March 16, 2004, which was recorded in Deed of Trust Book 355, at Page 306, on May 13, 2004, of the land records in the Office of the Chancery Clerk of Marshall County, located in Holly Springs, Mississippi ("Deed of Trust"); and WHEREAS, First State Bank has heretofore substituted the undersigned H. Chase Pittman as Trustee in the place and in lieu of the original Trustee(s) named in said Deed of Trust by instrument dated February 28, 2011, and recorded in said office at Instrument No. 2011000795 on March 1, 2011; 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 due and payable in accordance with the terms of said Deed of Trust, and the legal holder of said Deed of Trust and the indebtedness secured thereby, First State Bank. having requested the undersigned Substituted Trustee to execute the trust and to sell said land and property in accordance with the terms of said Deed of Trust and for the purpose of raising the sums due thereunder, together with attorney's fees, Trustee's fees and expenses of sale; WHEREAS, A. Richard Litwa filed a Chapter 11 petition in the U.S. Bankruptcy Court, Northern District of Mississippi, on August 5, 2009; and, as to the properties described below, the court granted First State Bank’s Motion for Relief from Stay and Abandonment of Property of Estate by an Agreed Order Lifting Automatic Stay and for Adequate Protection entered on February 19, 2010; and further, by order entered on August 1, 2011, the court authorized First State Bank to sell the properties described below in one foreclosure sale at a single place in either Marshall County or Benton County on a convenient date and time after due notice as otherwise required by Mississippi law; NOW, THEREFORE, I, H. Chase Pittman, Substituted Trustee under said Deed of Trust will, on Friday, October 7, 2011, at 11 a.m. (being between the hours of 11:00 a.m. and 4:00 p.m.), offer for sale at public outcry and sell within legal hours at the south door of the Marshall County Courthouse located at 128 E. Van Dorn Ave., Holly Springs, MS 38635, to the highest and best bidder for cash the following described land and property situated in Marshall County, State of Mississippi, to-wit:
Beginning at a Forest Service Concrete Monument at the Northeast corner of theSouthwest Quarter of Section 10, Township 5 South, Range 1 West, Benton County, Mississippi; thence with Forest Service painted red line run South for 700.0 feet; thence leaving said line and down fence line run South 19 degrees 30 minutes West for 215.0 feet; thence run South 35 degrees 36 minutes West for 83.8 feet to a steel post; thence leaving said fence line run West for 2520.0 feet to the West line of the Southwest Quarter of Section 10 and the Benton and Marshall County line; thence continue West for 639.8 feet to a fence line; thence with fence line run North 34 degrees 00 minutes West for 182.0 feet; thence run North 05 degrees 30 minutes East for 238.8 feet; thence run North 38 degrees 00 minutesEast for 255.0 feet; thence run North 49 degrees 00 minutes East for 111.0 feet; thence run North 05 degrees 30 minutes East for 48.0 feet; thence run North 36 degrees 30 minutes East for 175.0 feet; thence run North 20 degrees 00 minutes East for 70.0 feet; thence run North for 243.0 feet; thence run North 14 degrees 00 minutes West for 175.0 feet to a point in the old Tippah River run; thence with said Old River run North 58 degrees 00 minutes East for 250.0 feet; thence run South 87 degrees 45 minutes East for 407.0 feet; thence run North 56 degrees 00 minutes East for 350.0 feet; thence run North 40 degrees 00 minutes East for 555.0 feet to a point in the New Tippah River Channel; thence with said channel run North 86 degrees 00 minutes East for 1600.0 feet; thence leaving said channel and down ditch run South 54 degrees 01 minute East for 205.3 feet to the West line of the Northeast Quarter of Section 10; thence continue with said ditch South 88 degrees 00 minutes East for 160.0 feet; thence run South 42 degrees 00 minutes East for 115.0 feet; thence run South 52 degrees 00 minutes West for 130.0 feet; thence run South 11 degrees 00 minutes West for 84.0 feet; thence run South 14 degrees 00 minutes East for 66.0 feet; thence run South 74 degrees 00 minutes East for 120.0 feet; thence run South 18 degrees 00 minutes West for 150.0 feet; thence run North 57 degrees 23 minutes East for 197.0 feet; thence run South 08 degrees 30 minutes East for 162.0 feet; thence run South 34 degrees 00minutes East for 148.0 feet; thence run South 10 degrees 30 minutes West for 65.0 feet; thence run South 26 degrees 30 minutes East for 203.0 feet; thence run South 17 degrees 00 minutes West for 180.0 feet to the Forest Service painted red line; thence leaving said ditch and down said line run West for 502.1 feet to the POINT OF BEGINNING, containing 144.15 acres more or less. ALSO: 25.91 ACRES LOCATED IN THE NORTHWEST QUARTER OF SECTION 10 AND THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 1 WEST, MARSHALL AND BENTON COUNTY, MISSISSIPPI, described as follows: Commence at a Forest Service concrete monument at the Northeast corner of theSouthwest Quarter of Section 10, Township 5 South, Range 1 West, Benton County, Mississippi; thence run North for 1087.8 feet; thence run North 54 degrees 01 minutes West for 205.3 feet to a point in the New Tippah River Channel; thence with said channel run South 86 degrees 00 minutes West for 1600.0 feet to the intersection of the old river run and the POINT OF BEGINNING for herein described parcel; thence leaving said New Tippah River Channel and down old river run, run South 40 degrees 00 minutes West for555.0 feet; thence run South 56 degrees 00 minutes West for 350.0 feet; thence run North 87 degrees 45 minutes West for 407.0 feet; thence run South 58 degrees 00 minutes West for 250.0 feet; thence run South 80 degrees 45 minutes West for 651.7 feet; thence run North 56 degrees 00 minutes West for 200.0 feet; thence run North for 264.0 feet; thence run North 23 degrees 30 minutes West for 340.0 feet to a point in the New Tippah River Channel; thence with said channel run North 86 degrees 00 minutes East for 2215.0 feet to the POINT OF BEGINNING, containing 25.91 acres, more or less. According to survey of Edward Overall, MLS#1588, dated January 27, 2004. Less and except, 8.88 ACRES IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 1 WEST, BENTON COUNTY, MISSISSIPPI, more particularly described as follows: Beginning at a Forest Service concrete monument at the Southwest corner of the Northeast Quarter of Section 10, Township 5 South, Range 1 West, Benton County, Mississippi; thence with the West line of said Northeast Quarter run North for 1087.8 feet to the center of a ditch; thence with said ditch run South 88 degrees 00 minutes East for 160.0 feet; thence run South 42 degrees 00 minutes East for 115.0 feet; thence run South 52 degrees 00 minutes West for 130.0 feet; thence run South 11 degrees 00 minutes West for 84.0 feet; thence run South 14 degrees 00 minutes East for 66.0 feet; thence run South 74 degrees 00 minutes East for 120.0 feet; thence run South 18 degrees 00 minutes West for 150.0 feet;thence run North 57 degrees 23 minutes East for 197.0 feet; thence run South 08 degrees 30 minutes East for 162.0 feet; thence run South 34 degrees 00 minutes East for 148.0 feet; thence run South 10 degrees 30 minutes West for 65.0 feet; thence run South 26 degrees 30 minutes East for 203.0 feet; thence run South 17 degrees 00 minutes West for 180.0 feet a point on the South line of the Northeast Quarter and Forest Service painted red line; thence with said line run West for 502.1 feet to the POINT OF BEGINNING, containing 8.88 acres, more or less. According to survey of Edward Overall, MLS#1588, dated February 23, 2004. Property Address: not known Other Interested Parties: Community Bank, David F. Delgado as trustee First Security Bank, Colman Mitchell as trustee Stacy Litwa United States Internal Revenue Service
WITNESS MY SIGNATURE on this 14th day of September, 2011. H. Chase Pittman Substituted Trustee MORTON & GERMANY, PLLC 45 North Third Street, Suite 201 Memphis, TN 38103 Telephone: (901) 522-0050 09-320G PUBLISH: Sept. 15, 22, 29, and Oct. 6, 2011 (37-40c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN RE: EAL, A MINOR, BY AND THROUGH HER NEXT FRIENDS, KAREN AND LEE CONWAY PETITIONERS VS. Cause No. 2011-0500-A MARIE LINVILLE RESPONDENT SUMMONS BY PUBLICATION THE STATE OF MISSISSIPPI: TO: MARIE LINVILLE 5555 Federal Blvd, Lot 4 OR WHEREVER SHE MAY BE FOUND Denver, Colorado 80221 NOTICE TO RESPONDENT You have been made a Defendant in the suit filed in this Court by Karen and Lee Conway, Petitioners, seeking child custody. There are no other Respondents in this action. You are summoned to appear and defend against the complaint or petition filed against you in this action at 18th day of October, 2011 at 9:30 o’clock a.m., 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, on this 12th day of September, 2011. C. W. “CHUCK” THOMAS MARSHALL COUNTY CHANCERY CLERK P.O. Box 219 Holly Springs, Mississippi 38635 BY: Mark Miller DEPUTY CLERK (37-39c) Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 9th day of December, 2004, and acknowledged on the 9th day of December, 2004, Denesha Greer, a married woman, and her husband Samuel Greer, executed and delivered a certain Deed of Trust unto Professional Service, 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 370 at Page 632; and WHEREAS, on the 29th day of March, 2007, New Century Mortgage Corporation, assigned said Deed of Trust unto Deutsche Bank National Trust Company on behalf of The Certificateholders Morgan Stanley ABS Capital I Inc. Trust 2005-NC2 Mortgage Pass Through Certificates, Series 2005-NC2, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 94 at Page 114; and WHEREAS, on the 29th day of March, 2007, 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 Book 435 at Page 489; 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 6th day of October, 2011, 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. 16, Phase II of Westridge Village Subdivision, according to Plat prepared by Larry L. Britt, PE 7193 dated June 15, 2004, final plat approved and filed July 13, 2004 in Plat File No. 1016A in the office of the Chancery Clerk of Marshall County, Mississippi, and being further located in the Southeast Quarter of Section 30, Township 3 South, Range 2 West, Marshall County, Mississippi.
I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 12th day of August, 2011. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 DMM/F07-0597 PUBLISH: 9.15.11/9.22.11/9.29.11 (37-39c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF KNOWLEDGE GIPSON, DECEASED CAUSE NO.: 2011-0330R GLORIA JEAN GIPSON, PETITIONER NOTICE TO CREDITORS Letters of Administration having been issued to the undersigned by the Chancery Court of Marshall County, Mississippi on the 9th day of September, 2011, as the Administratrix of the Estate of Knowledge Gipson, 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 9th day of September, 2011. /s/ Gloria Jean Gipson GLORIA JEAN GIPSON, ADMINISTRATRIX OF THE ESTATE OF KNOWLEDGE GIPSON, DECEASED /s/ Sharon D. Gipson The Gipson Law Firm PLLC Post Office Box 12584 Jackson, Mississippi 39236 Phone: 601-291-9691 (37-39p) NOTICE OF SALE Sealed bids will be received by the Mississippi Department of Transportation at the office of said Department, Jackson, Mississippi, until 10:00 a.m. September 30, 2011, for the sale of:
Open house will be held Tuesday September 20, 2011 from 11:00 AM until 1: 00 PM.
TERMS OF SALE: The purchaser must completely remove said improvements and all residue from the right of way within thirty (30) days after purchase. The purchaser shall be responsible for obtaining necessary permits to move buildings over highways or streets, and each bidder should investigate moving permit requirements before submitting bid. All bids must be accompanied by a performance bond in the amount of ten percent (10%) of the bid OR $500.00, whichever is greater. This bond must be in the form of a CERTIFIED CHECK, CASHIER’S CHECK OR MONEY ORDER OR BID BOND, and will be refunded if you are not the successful bidder. However, if after reasonable time, the successful bidder fails to remit the full amount of the bid, ten percent (10%) or $500.00, whichever is greater, BID BOND will be forfeited. Cash or personal check will NOT be accepted, and if attached will disqualify the bid. The performance bond will be retained by the Department of Transportation until the improvements and the residue from the improvements excluding concrete slabs, are removed and the lot is conditioned by the purchaser so as not to create an unsightly or dangerous condition for either the neighborhood or the general public. The Mississippi Department of Transportation shall have the right, including the right of ingress and egress to appropriate the remaining improvements and dispose of same. The purchaser agrees to comply with the Rules and Regulations of the U. S. Environmental Protection Agency as printed in 40 C.F.R. Part 61 pursuant to Section 112 of the Federal Clean Air Act, as amended, with reference to Asbestos Removal. All bids shall contain this statement: “I hereby certify that I am not an employee or a member of an employee’s family and that I had no part in appraising the above property nor in negotiating for its acquisition by the Mississippi Department of Transportation.” Pursuant to Section 25-4-103(h), State employees may not purchase surplus property from any state agency, directly or indirectly. The Purchaser shall not resell or transfer ownership of the improvements unless written consent is obtained from the Department of Transportation. Failure to obtain written consent shall void the contract and the Performance Bond, and the purchase price shall be forfeited. The Department of Transportation reserves the right to reject any and all bids. Mail bid to “RIGHT OF WAY DIVISION, ATTN: Blane Jackson, MISSISSIPPI DEPARTMENT OF TRANSPORTATION, P.O. BOX 1850, JACKSON, MISSISSIPPI 39215-1850”, and write on the outside of the envelope “84-01 PROPERTY MANAGEMENT --- SEALED BID TO BE OPENED September 30, 2011.” MELINDA L. MCGRATH INTERIM EXECUTIVE DIRECTOR Mississippi Department of Transportation Jackson, Mississippi (37c) SUBSTITUTE TRUSTEE’S NOTICE OF SALE WHEREAS, on the 21st day of March, 2007, Rachel German aka Rachel Cullen and husband Chad Cullen executed a Deed of Trust to Thomas Conner, Trustee, for the benefit of Third Union Finance, Inc., which Deed of Trust is recorded in the Office of the Chancery Clerk of Marshall County, Mississippi, in Deed of Trust Book No. 434, at Page 532, to which reference is herein made; and WHEREAS, Third Union Finance, Inc. substituted and appointed Hugh H. Armistead as Substitute Trustee in and for the above described Deed of Trust pursuant to said Deed of Trust and the indebtedness secured thereby, in lieu and in place of the aforesaid Trustee, Thomas Conner, by instrument dated the 16th day of August, 2011, and filed as Instrument No. 2011003391, in the land records of the Office of the Chancery Clerk of Marshall County, Mississippi; 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 Substitute Trustee so to do, I will on Friday, October 7, 2011, offer for sale at public outcry and sell during the legal hours between the hours of 11:00 A.M. and 4:00 P.M. at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, for cash and to the highest and best bidder, the following described real property, situated in Marshall County, Mississippi, to-wit:
WITNESS my signature, this the 9th day of September, 2011. HUGH H. ARMISTEAD, Substitute Trustee 6879 Crumpler Boulevard, Suite 100 Olive Branch, MS 38654 662-895-4844 Publish: September 15, 22, and 29, 2011 (37-39c) Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 8th day of June, 2006, and acknowledged on the 8th day of June, 2006, W. Lewis Clark aka W. L. Clark, a single man, executed and delivered a certain Deed of Trust unto John J. Owens, Trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Ameritrust 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 411 at Page 748; and WHEREAS, on the 23rd day of March, 2010, Mortgage Electronic Registration Systems, Inc., assigned said Deed of Trust unto Deutsche Bank National Trust Company, as Trustee under the Pooling and Servicing Agreement dated as of August 1, 2007, GSAMP Trust 2007-HSBC1, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument Number 2010001358; and WHEREAS, on the 26th day of March, 2010 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 Number 2010001467; 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 6th day of October, 2011, 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:
Commence at the Southeast Corner of Section 23, Township 4 South, Range 2 West, Marshall County, Mississippi run West 2457 feet to a point; thence run North 754 feet to a point at the Southeast corner of the 33.5 acre tract of land owned by W. Lewis Clark (Book No.249, p. 382) and the point of beginning: thence North along the property line 798 feet to a point; thence West 287 feet to a point; thence South 798 feet to a point; and thence East 287 feet to the point of beginning.
I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 2nd day of September, 2011. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 COC/F10-0924 PUBLISH: 9.15.11/9.22.11/9.29.11 (37-39c) 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, Courthouse, Post Office Box 219, Holly Springs, Mississippi 38635, until 10:00 A.M. Monday October 17th, 2011 and thereafter publicly open them for the following: 1. Portland cement in place for soil cement to meet all requirements of Section S-308-Portland Cement treated courses as per Mississippi Standard Specification for State Aid Road and Bridge Construction; Division of State Aid Road Construction 1989 Edition; priced per CWT on sites in Marshall County as directed by the County Administrator. All testing of in place material will be performed by the County Engineer at the expense of the owner. All testing shall meet the appropriate sections of the Mississippi Standard Specifications. 2. Soil cement water mixing (multiple pass mixers) in place to meet all requirements of Section S-308-Portland Cement Treated Courses as per Mississippi Standard Specifications for State Aid Road and Bridge Construction; Division of State Aid Road Construction, 1989 edition; priced per square yard on sites in Marshall County as directed by the County Administrator. All testing of in place materials will be performed by the County Engineer at the expense of the owner. All testing shall meet the appropriate sections of the Mississippi Standard Specifications. 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 12th day of September, 2011. Larry Hall County Administrator (37-38c) Notice Accounts will be closed as of Sept. 31, 2011: Christopher Wilson, James Wilson, Mose Wilson, James Norton Jr., Joanna Beard and Albert E. Riley. Private auction date is Oct. 1, 2011.
J.I.B. Management (37-38c) |
     
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