Thursday, March 22, 2012
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Thursday, March 22, 2012 |
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Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | New Photo Gallery |
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Legal NoticesPublic Notice The Marshall County Planning Commission will meet for their regular scheduled meeting on Thursday, April 12, 2012, at 2:00 p.m. in the Marshall County Zoning Office at 590 Old Highway 78-East, Holly Springs, Mississippi. The public is invited to attend. The following requests will be on the agenda: ITEM 1: Mr. David McClarty is requesting to be allowed to use his property and the house at 96 Segretta Road as a recreational area for schools, churches, family gatherings and other events. The property in question is Lot #3 of Byhalia Woods Farms Subdivision, contains 24 acres and is zoned Agricultural-Residential. ITEM 2: Mr. Carlos Gorman and Mrs. Patricia Dolan are requesting to be allowed to operate a gameroom (video/arcarde games and pool tables) on property located at 8021 Highway 72. The property in question contains 4.2 acres and is zoned Commercial-1 (C-1). ITEM 3: Rezoning Hearing at 3:00 p.m. for Rufus Pennington to rezone his property located at 1041 Highway 309 North from R-E (Residential-Estate) to I-2 (Industrial-2). (12c) NOMINATING NOTICE Pursuant to the provision of Section 69-27-31, Mississippi Code 1972 An notated, and the established procedures of the Mississippi Soil and Water Conservation Commission, nominations will be accepted for the election of Marshall County Soil and Water Conservation District Commissioners for beats Two, Three and Four until April 12, 2012. Nominating petition forms and election procedures may be obtained from the Marshall County Soil and Water Conservation District office, 250-A Whaley Drive, Holly Springs, MS 38635. Signed by Authority of the Mississippi Soil and Water Conservation Com mis sion as recorded in its minutes of January 20, 2012. Don Underwood Executive Director, MSWCC (12c) SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on 15th day of July, 2008, Glenn C. McLeod and Alicia A. McLeod executed a certain Deed of Trust to Jeanine B. Saylor, Trustee for the benefit of Magna Bank, A Federal Savings Bank, which Deed of Trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book/Instrument No. 2008004118 at Page ; and Whereas said Deed of Trust was assigned at Deed Book 2008005325, Page , on September 22, 2008 to JPMorgan Chase Bank, N.A. filed in the office of the aforesaid Chancery Clerk; and WHEREAS, JPMorgan Chase Bank, National Association A/K/A JPMorgan Chase Bank, N.A. , has heretofore substituted Philip L. Martin as Trustee in lieu and in place of Jeanine B. Saylor by instrument dated 02/03/2012, and recorded in Book 2012000762 at Page ; and WHEREAS, default having been made in the terms and conditions of said Land 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, having requested the undersigned Substitute Trustee to execute the trust and sell said land, property, and all fixtures in accordance with the terms of said Land Deed of Trust and for the purpose of raising the sums due thereunder, together with attorney’s fees, Substitute Trustee’s fees and expenses of sale. NOW, THEREFORE, I, Philip L. Martin, Substituted Trustee in said Deed of Trust, will on 4/18/2012 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 128 E. Van Dorn Avenue, Holly Springs, MS - South Front Door of Marshall County Courthouse State of Mississippi, to the highest and best bidder for cash the following described property situated in Marshall County, Mississippi, to-wit:
WITNESS MY SIGNATURE, this the 12th day of March, 2012. /s/ Philip L. Martin Martin & Brunavs Attorneys At Law 2800 North Druid Hills Road Atlanta, GA 30329 (404) 982-0088 or (877) 740-0883- Phone M&B File # 11-12422MS Publication Dates: 3/22, 3/29, 4/5, 4/12/2012 (12-15c) Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 17th day of December, 2007, and acknowledged on the 17th day of December, 2007, Victoria W. McCutchen aka Victoria McCutchen and Tony A. McCutchen, Wife and Husband, as tenants by the entirety with full rights of survivorship and not as tenants in common., executed and delivered a certain Deed of Trust unto Southern Trust Title, Trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Evolve Bank and Trust, 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 453 at Page 778; and WHEREAS, on the 10th day of March, 2009, Mortgage Electronic Registration Systems, Inc., assigned said Deed of Trust unto Wells Fargo Bank, NA, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument Number 2009001144; and WHEREAS, on the 11th day of March, 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 Number 2009001231; 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 12th day of April, 2012, 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 194, Final Plat of Fifth Addition to Moore Plantation, Section 13 and 24, Township 3 South, Range 5 West, as shown on plat of record in Plat File 1039B, in the Chancery Clerk's Office of Marshall County, Mississippi, to which plat reference is hereby made for a more particular description of said property. Being the same property conveyed to the Grantors by deed being recorded simultaneously herewith.
I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 7th day of March, 2012. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 COC/F09-0681 PUBLISH: 3.22.12/3.29.12/4.5.12 (12-14c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF BENJAMIN MATTHEWS, DECEASED INTESTATE CAUSE NO. 2012-0001(A) SUMMONS BY PUBLICATION RULE 81 (d) THE STATE OF MISSISSIPPI COUNTY OF MARSHALL TO: The Unknown Heirs-at-law of Benjamin Matthews, Deceased, who are adults, if they are living and are non-residents of the State of Mississippi, or not to be found therein after diligent search and inquiry, and whose places of residence, post office, street and house addresses are unknown after diligent search and inquiry to ascertain the same. You have been made a Defendant in the suit filed in this Court by Mesheal Matthews, Petitioner, seeking to declare the sole and only heirs-at-law of Benjamin Matthews. The following: Mesheal Matthews as a spouse of the Decedent, and his known children, Benjamin Matthews, Jr. and Erica Matthews, and seeking admission to probate the Estate of Benjamin Matthews and seeking other relief. You are summoned to appear and defend against the Complaint filed against you in this action at 9:30 o’clock A.M. on the 25th day of May, 2012, in the Chancery Courtroom of the Marshall County Courthouse located in Holly Springs, Mississippi, and in case of your failure to appear and defend, a Judgment will be entered against you for the things demanded in the Complaint. 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 13th day of March. Chuck Thomas, Chancery Clerk Marshall County Chancery Clerk Karen Cook, D.C. (12-14c) TRUSTEE'S NOTICE OF SALE WHEREAS, on March 13, 2007, Bobbie S. Masterson, A Married Woman, and Bill Masterson executed a certain deed of trust to First American 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 434 at Page 126 and modified in Instrument No. 2010004441; and WHEREAS, said Deed of Trust was subsequently assigned to PHH Mortgage Corporation by instrument dated November 11, 2011 and recorded in Instrument No. 2011004497 of the aforesaid Chancery Clerk's office; and WHEREAS, PHH Mortgage Corporation has heretofore substituted J. Gary Massey as Trustee by instrument dated November 19, 2011 and recorded in the aforesaid Chancery Clerk's Office in Instrument No. 2011004664; 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, PHH Mortgage Corporation, 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 April 12, 2012 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:
LESS AND EXCEPT: 1 acre east of center line of the road running north and south through the property.
WITNESS MY SIGNATURE on this 19th day of March, 2012. J. Gary Massey SUBSTITUTED TRUSTEE Shapiro & Massey, L.L.C. 1910 Lakeland Drive, Suite B Jackson, MS 39216 (601)981-9299
Holly Springs, MS 38635 11-003688DT
March 22, 29 and April 5, 2012 (12-14c) SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on May 5, 2006, RICHARD LITWA, executed a certain Deed of Trust to THOMAS R. HUDSON, TRUSTEE for the benefit of BANKPLUS, which Deed of Trust is of record in the Office of the Chancery Clerk of Marshall County, Mississippi, in Book 409, Page 126. WHEREAS, BANKPLUS has heretofore substituted ERIC L. SAPPENFIELD as Trustee in place and lieu of THOMAS R. HUDSON by instrument dated February 15, 2012, and recorded in the Office of the Chancery Clerk of Marshall County, Mississippi in Instrument Number 2012000667; and WHEREAS, an Order Terminating The Automatic Stay was entered October 28, 2009, in Case Number 09-13990-DWH, in the United States Bankruptcy Court for the Northern District of Mississippi; and WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deed of Trust, BANKPLUS, 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 expenses of sale. NOW, THEREFORE, I, ERIC L. SAPPENFIELD, SUBSTITUTED TRUSTEE, under the provisions of and by virtue of the authority conferred upon me in the same Deed of Trust, will on the 13th day of April, 2012, sell during the legal hours between 11:00 o’clock a.m. and 4:00 o’clock p.m., at the South Door of the County Courthouse of Marshall County in Holly Springs, Mississippi, offer for sale and sell said property for cash to the highest bidder, the following described property lying and being situated in Marshall County, Mississippi:
Beginning at the Southwest corner of said Lot No. 18 of Meadowview Subdivision, as appearing of record in the Chancery Clerk’s Office of Marshall County, Mississippi in Plat Book 9 at page 49 (Plat File No. 408B); thence North 24 degrees 30 minutes East along the West line of said Lot 18 a distance of 120 feet to a point; thence South 70 degrees 24 minutes East along the South Right of Way line of U.S. Highway No. 78 (proposed) 516.9 feet to a point; thence South 35 degrees 30 minutes West along the East line of Lot No. 17 a distance of 111 feet to a point; thence North 71 degrees 44 minutes West along center of a public road 500 feet to the POINT OF BEGINNING, containing 1.3 acres, less Public Road Right of Way.
WITNESS MY SIGNATURE this 5th day of March, 2012. Eric L. Sappenfield (MS Bar No. 6468) Substituted Trustee 6858 Swinnea Road 5 Rutland Place Southaven, MS 38671 662-349-3436 Publication Dates: March 22, March 29, April 5, April 12, 2012 (12-15c) SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on May 5, 2006, RICHARD LITWA, executed a certain Deed of Trust to THOMAS R. HUDSON, TRUSTEE for the benefit of BANKPLUS, which Deed of Trust is of record in the Office of the Chancery Clerk of Marshall County, Mississippi, in Book 409, Page 112. WHEREAS, BANKPLUS has heretofore substituted ERIC L. SAPPENFIELD as Trustee in place and lieu of THOMAS R. HUDSON by instrument dated February 15, 2012, and recorded in the Office of the Chancery Clerk of Marshall County, Mississippi in Instrument Number 2012000666; and WHEREAS, an Order Terminating The Automatic Stay was entered October 28, 2009, in Case Number 09-13990-DWH, in the United States Bankruptcy Court for the Northern District of Mississippi; and WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deed of Trust, BANKPLUS, 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 expenses of sale. NOW, THEREFORE, I, ERIC L. SAPPENFIELD, SUBSTITUTED TRUSTEE, under the provisions of and by virtue of the authority conferred upon me in the same Deed of Trust, will on the 13th day of April, 2012, sell during the legal hours between 11:00 o’clock a.m. and 4:00 o’clock p.m., at the South Door of the County Courthouse of Marshall County in Holly Springs, Mississippi, offer for sale and sell said property for cash to the highest bidder, the following described property lying and being situated in Marshall County, Mississippi:
Lot No. 1C of Victoria Village Subdivision, Phase I, of Section 10, Township 3 South, Range 4 West, according to Plat of said Subdivision recorded in Plat File No. 371A of the records of the Clerk of the Chancery Court of Marshall County, Mississippi; containing 1.58 acres, more or less.
WITNESS MY SIGNATURE this 15th day of March, 2012. Eric L. Sappenfield (MS Bar No. 6468) Substituted Trustee 6858 Swinnea Road 5 Rutland Place Southaven, MS 38671 662-349-3436 Publication Dates: March 22, 29, April 5, 12, 2012 (12-15c) SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on May 5, 2006, RICHARD LITWA, executed a certain Deed of Trust to THOMAS R. HUDSON, TRUSTEE for the benefit of BANKPLUS, which Deed of Trust is of record in the Office of the Chancery Clerk of Marshall County, Mississippi, in Book 409, Page 119. WHEREAS, BANKPLUS has heretofore substituted ERIC L. SAPPENFIELD as Trustee in place and lieu of THOMAS R. HUDSON by instrument dated February 15, 2012, and recorded in the Office of the Chancery Clerk of Marshall County, Mississippi in Instrument Number 2012000665; and WHEREAS, an Order Terminating The Automatic Stay was entered October 28, 2009, in Case Number 09-13990-DWH, in the United States Bankruptcy Court for the Northern District of Mississippi; and WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deed of Trust, BANKPLUS, 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 expenses of sale. NOW, THEREFORE, I, ERIC L. SAPPENFIELD, SUBSTITUTED TRUSTEE, under the provisions of and by virtue of the authority conferred upon me in the same Deed of Trust, will on the 13th day of April, 2012, sell during the legal hours between 11:00 o’clock a.m. and 4:00 o’clock p.m., at the South Door of the County Courthouse of Marshall County in Holly Springs, Mississippi, offer for sale and sell said property for cash to the highest bidder, the following described property lying and being situated in Marshall County, Mississippi:
Lot No. 2 of Victoria Village Subdivision, Phase I, of Section 10, Township 3 South, Range 4 West, according to plat of said subdivision recorded in Plat File No. 371A of the records of the Clerk of the Chancery Court of Marshall County, Mississippi; containing 2.09 acres, more or less.
WITNESS MY SIGNATURE this 15th day of March, 2012. Eric L. Sappenfield (MS Bar No. 6468) Substituted Trustee 6858 Swinnea Road 5 Rutland Place Southaven, MS 38671 662-349-3436 Publication Dates: March 22, 29, April 5, 12, 2012 (12-15c) NOTICE OF PUBLIC HEARING FOR REZONING RESIDENTIAL ESTATES (RE) TO INDUSTRIAL-2 (I-2) The Marshall County Planning Commission will hold a public hearing during their regular scheduled meeting on Thursday, April 12, 2012, at the Marshall County Zoning and Planning Office at 590 Highway 178 East, Holly Springs, Mississippi. The Commission will hear a rezoning request from Rufus Pennington. The property is located at 1041 Highway 309 North, Byhalia,MS, consists of Parcel #254-23-9 & 9.01 for a total of 15 acres. A LEGAL DESCRIPTION OF THE PROPERTY CAN BE VIEWED AT THE MARSHALL COUNTY ZONING AND PLANNING OFFICE The Commission will make a recommendation to the Marshall County Board of Supervisors in regard to rezoning (the actual decision to rezone is a decision that is made by the Board of Supervisors). The public is cordially invited. Any person may appear before the Commission either in person or by agent or may file a written comment regarding the request with the Administrative Office prior to the hearing. Written comments should be submitted no later than April 11, 2012 (Marshall County Zoning, P.O. Box 219, Holly Springs, MS 39635). The Planning Commission meeting will be held at 2:00 P.M. and the rezoning hearing will be at 3:00 P.M. For further information, you may call 662-252-3663. Conway Moore Marshall County Zoning Administrator (12c) |
     
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