Thursday, May 24, 2012
Community | Obits | Editorial & Columnists | Society | Sports | Education | Classified Ads | Calendar of Events | Features | Newsbriefs | Legals | Archives | Subscriptions | New Photo Gallery
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Thursday, May 24, 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 NoticesSUBSTITUTE TRUSTEE'S NOTICE OF SALE WHEREAS, on the 9th day of April, 2007, Mike Waller, a single man, executed a Deed of Trust to Charles A. Myers, Trustee for the use and benefit of Mortgage Electronic Registration Systems, Inc., which Deed of Trust is on file and of record in the office of the Chancery Clerk of Marshall County, Mississippi, in Deed of Trust Book 436 at Page 93 thereof; and WHEREAS, said Deed of Trust was ultimately assigned to Aurora Bank, FSB, by assignment on file and of record in the office of the Chancery Clerk of Marshall County, Mississippi, as Instrument No. 2012001425 thereof; and WHEREAS, the legal holder of the said Deed of Trust and the note secured thereby, substituted Bradley P. Jones, as Trustee therein, as authorized by the terms thereof, by instrument recorded in the office of the aforesaid Chancery Clerk as Instrument No. 2012001438 thereof; and WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said Deed of Trust, and having been requested by the legal holder of the indebtedness secured and described by said Deed of Trust so to do, notice is hereby given that I, Bradley P. Jones, Substitute Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale and will sell at public sale and outcry to the highest and best bidder for cash, during the legal hours (between the hours of 11 o'clock a.m. and 4 o'clock p.m.) at the South front door of the County Courthouse of Marshall County, at Holly Springs, Mississippi, on the 14th day of June, 2012, the following described land and property being the same land and property described in said Deed of Trust, situated in Marshall County, State of Mississippi, to-wit:
Land located in Marshall County, Mississippi described as follows: Part of Lot 369, according to the plan of the City of Holly Springs, on the Northeast Quarter of Section 6, Township 4 South, Range 2 West, described as follows: Commencing at the Southeast corner of said Lot No. 369 on the North boundary of Van Dorn Avenue for a distance of 74.5 feet to the point of beginning for the land herein conveyed, being Warren`s Southwest corner running thence North 4 degrees 30 minutes West with the West line of Warren`s lot, 102.0 feet to a point; thence South 85 degrees 20 minutes West, 96.6 feet to a point in Kelly`s East line, thence South 4 degrees 30 minutes East 102 feet to a point on Van Dorn Avenue 96.6 feet to a point of beginning.
Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee. WITNESS my signature, on this the 16th day of May, 2012. BRADLEY P. JONES SUBSTITUTE TRUSTEE PREPARED BY: ADAMS & EDENS POST OFFICE BOX 400 BRANDON, MISSISSIPPI 39043 (601) 825-9508 A&E File #11-03705 PUBLISH: 05/24/2012, 05/31/2012, 06/07/2012 (21-23c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI KELLY JORDAN ACQUISITIONS, LLC, PLAINTIFF, VS CAUSE NO: 2012-0332 JANA TURNAGE and JOE TURNAGE AND ALL PERSONS HAVING OR CLAIMING ANY LEGAL OR EQUITABLE INTEREST IN THE LAND DESCRIBED HEREIN, DEFENDANTS SUMMONS BY PUBLICATION THE STATE OF MISSISSIPPI TO: Joe Turnage, Tana Turnage and All Persons Having or Claiming any Legal or Equitable Interest in the Land described herein. You have been made a Defendant in the suit filed in this Court by Kelly Jordan Acquisitions, LLC, Plaintiff, seeking Quiet and Confirm Tax Title. Defendants other than you in this action are all persons having or claiming any legal or equitable interest in the land described herein. You are required to mail or hand deliver a written response to the Complaint filed against you in this action to Russell B. Jordan, Attorney for Plaintiff whose street address is 135 West Center Street, Hernando, MS 38632. Your response must be mailed or delivered no later than thirty days after the 23rd day of May, 2012, which is the date of the first publication of this summons. If your response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the complaint. You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward. Issued under my hand and seal of said Court, this 18th day of May, 2012. Marshall County Chancery Clerk BY Marshall Powell DC Deputy Clerk (21-23c) Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 27th day of March, 2008 and acknowledged on the 27th day of March, 2008, Magon L Tubbs, a single person, executed and delivered a certain Deed of Trust unto Charles M. Quick, Trustee for Mortgage Electronic Resigtration Systems, Inc, as nominee for Pulaski Mortgage Company, An Arkansas 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 Instrument #2008001875; and WHEREAS, on the 3rd day of August, 2011, Mortgage Electronic Registration Systems, Inc, assigned said Deed of Trust unto BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument #2011003079; and WHEREAS, on the 3rd day of May, 2012, 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 #2012001964; 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 14th day of June, 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 26, South Creek Subdivision, situated in Section 27, T3S, R4W, as show on Plat File 896-B in the Chancery Clerk’s office of Marshall County, Mississippi.
I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 21st day of May, 2012. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 FM/F12-0947 PUBLISH: 5-24-12 / 5-31-12 / 6-7-12 (21-23c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI TIVIO INVESTMENTS, LLC PLAINTIFF VS. NO. 12-0328A WILLIE R. LARITA SWINGER AND ANY UNKNOWN PERSONS CLAIMING AN INTEREST IN THE SUBJECT PROPERTY DEFENDANTS SUMMONS TO: Willie R. Larita Swinger and Anyone Claiming an Interest in the Subject Property Described Herein You have been made defendant in the lawsuit filed in this Court by Tivio Investments, LLC, Plaintiff, seeking to Confirm Tax Title on the subject property being described as follows:
AKA: .4A LOT IN NW1/4, S/T/R 18-4-2, DEED BK 128 PAGE 419, PPIN #3496, PARCEL #096D-18-01900. The Complaint filed against you has initiated a civil action 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 Confirm Tax Title, 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 THE 24TH DAY OF MAY, 2012, 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 17th day of May, 2012. C.W. “CHUCK” THOMAS, CHANCERY CLERK OF MARSHALL COUNTY, MISSISSIPPI By MARSHALL POWELL, D.C. Publish: May 24, May 31 and June 7, 2012 (21-23c) Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 18th day of November, 2003 and acknowledged on the 18th day of November, 2003, John T Reed and Barbara E. Reed, husband and wife, executed and delivered a certain Deed of Trust unto Jerry Baker, Trustee for First Horizon Home Loan Corporation d/b/a First Tennessee Home Loans, 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 342 at Page 744; and WHEREAS, by various assignments on record said Deed of Trust was ultimately assigned to Federal National Mortgage Association by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument #2012001499; and WHEREAS, on the 4th day of April, 2012, 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 #2012001509; 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 14th day of June, 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 22, Southeast Collierville Farms Subdivision, containing 2.54 acres more or less, in Section 31, Township 1 South, Range 4 West, Marshall County, Mississippi, as per plat thereof recorded in Plat File 805-B, in the office of the Chancery Clerk of Marshall County, Mississippi.
I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 15th day of May, 2012. Emily Kaye Courteau Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 FM/F12-0625 PUBLISH: 5-24-12 / 5-31-12 / 6-7-12 (21-23c) Public Notice The Marshall County Planning Commission will meet for their regularly scheduled meeting on Thursday, June 14, 2012 at 2 p.m. in the Marshall County Zoning Office at 590 Old Highway 78 East, Holly Springs, MS. The public is invited to attend. The following requests will be on the agenda: Item 1. Mr. and Mrs. Bill Kinkade at 71 Peachtree Road are requesting to be allowed to deed their daughter 1.5 acres of their 7.3 acres so she can build a house. The property in question is Lot 1 & 2 of W. Frank Moore Subdivision and zoned R-E. Item 2. Rev. Henry Gillespie dba Dominion of Faith, Inc. is requesting to be allowed to operate a homeless family center on property located at 119 Marianna Road. The property in question contains 4.50 acres and is zoned Agricultural. Item 3. Mrs. Randall Swaney and Larry McAlexander are requesting to be allowed to establish KOA type campground and waterslide. The waterslide will only be used during the summer months. The property in question is located across from McAlexander Road on Highway 178 W. (21c) 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 30, 2002 executed by Frank Moore, Jr. And Daisy Moore unto William F. Schneller as Trustee, to secure an indebtedness therein described to Gary W. Barnett, Sherry W. Barnett, G. Heath Barnett and Anita G. Barnett said Deed of Trust being of record in Land Deed of Trust Book 305 pages 410-412 of the land records of the Clerk of the Chancery Court of Marshall County, Mississippi; and default having been made in the payment of the indebtedness thereby secured, and the undersigned having been requested by the legal holder of said indebtedness to foreclose said Deed of Trust, notice is hereby given that I, as Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, June 15, 2012 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:
PARCEL NUMBER: 211-11-10
WITNESS MY SIGNATURE on this the 18th day of May, 2012. William F. Schneller Publishing Dates: May 24, 31, June 7, 14, 2012 (21-24c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI KELLY JORDAN ACQUISITIONS, LLC, PLAINTIFF VS CAUSE NO: 2012-0331R MICHAEL JOHNSON and ALL PERSONS HAVING OR CLAIMING ANY LEGAL OR EQUITABLE INTEREST IN THE LAND DESCRIBED HEREIN, DEFENDANT SUMMONS BY PUBLICATION THE STATE OF MISSISSIPPI TO:Michael Johnson and All Persons Having or Claiming any Legal or Equitable Interest in the Land described Herein. You have been made a Defendant in the suit filed in this Court by Kelly Jordan Acquisitions, LLC, Plaintiff, seeking Quiet and Confirm Tax Title. Defendants other than you in this action are all persons having or claiming any legal or equitable interest in the land described herein whose identities and whereabouts are unknown. You are required to mail or hand deliver a written response to the Complaint filed against you in this action to Russell B. Jordan, Attorney for Plaintiff whose street address is 135 West Center Street, Hernando, MS 38632. Your Response must be mailed or delivered no later than thirty days after the 23rd day of May, 2012, which is the date of the first publication of this summons. If your Response is not so mailed or delivered, a judgment by default will be entered against you for the money or other relief demanded in the complaint. You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward. Issued under my hand and seal of said Court, this 18th day of May, 2012. MARSHALL COUNTY CHANCERY COURT CLERK BY Marshall Powell DC (21-23) NOTICE OF PUBLIC AUCTION The Holly Springs Utility Department will hold a public auction or the sale of “Used Equipment.” The auction will be absolute and will be June 12, 2012, at 4:00 o’clock p.m., central time at the Holly Springs Utility Department, 1050 Highway 4, East, Holly Springs, Mississippi. All auction items are available for review at the Holly Springs Utility Department, 1050 Highway 4, East, Holly Springs, Mississippi, between the hours 8:00 a.m. to 5:00 p.m. So ordered by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, on the 16th day of May, 2012. \ s\ Andre’ DeBerry, Mayor Attest: Belinda McDonald, City Clerk Dates of Publication: May 24, 2012, May 31, 2012 (21-22c) RESOLUTION OF THE BOARD OF TRUSTEES OF THE HOLLY SPRINGS SCHOOL DISTRICT DECLARING THE NECESSITY FOR AND ITS INTENTION OF BORROWING MONEY FOR THE PURPOSE OF PAYING THE COSTS DESCRIBED HEREIN; ORDERING SAID RESOLUTION TO BE PUBLISHED; AND SETTING THE DATE UPON WHICH THE BOARD OF TRUSTEES IS TO TAKE FINAL ACTION UPON THE QUESTION OF AUTHORIZING THE BORROWING OF SAID MONEY. WHEREAS, the Board of Trustees of the Holly Springs School District, Holly Springs, Mississippi (the "Board"), acting for and on behalf of the Holly Springs School District (the "District"), does hereby find, determine, adjudicate and declare: 1. It is necessary and desirable that a maximum of Two Hundred Thirty Thousand and No/100 Dollars ($230,000.00) be borrowed for the purposes of making repairs, alterations and additions to school buildings of the District, for the purpose of erecting school buildings and other buildings used for school purposes, for the purpose of purchasing heating plants, air conditioning, fixtures and equipment for such buildings, for the purpose of purchasing land for school purposes, school buses and transportation equipment, and for the purpose of improving and equipping such lands for school recreational and athletic purposes, and paying the costs of such borrowing, including any capitalized interest or reserve fund, if necessary (the "Project"); 2. No funds are available in the school funds of the District or from any other source with which to pay the costs of the Project; 3. It would be in the best interests and to the advantage of the District that the funds needed for the Project be obtained by the issuance of notes of the District in the maximum principal amount of Two Hundred Thirty Thousand and No/100 Dollars ($230,000.00) (the "Notes") in the manner and form provided by Section 37-59-101, et. seq., of the Mississippi Code of 1972, as amended (the "Act"); 4. An annual levy of a special tax which shall not exceed three (3) mills on the dollar of assessed value of taxable property within the District shall be sufficient to pay the principal and interest on the Notes to be issued hereunder and all other notes issued and outstanding under the Act, as the same shall respectively mature and accrue. 5. Under the provisions of Section 37-59-115 of the Mississippi Code of 1972, as amended, the limitation of Section 37-59-5 of the Mississippi Code of 1972, as amended, on the indebtedness which may be incurred by school districts is not applicable to the proposed issuance of the Notes; 6. The purpose for which the proposed Notes are to be issued as herein set forth in this resolution are purposes authorized by the laws of the State of Mississippi, and particularly in Section 37-59-101, et. seq., of the Mississippi Code of 1972, as amended, and that said Board is authorized and required to declare the necessity and its intention of borrowing money and issuing the Notes of the District as evidence of the same. 7. Pending the completion of the Project plans and specifications and the issuance of the Notes, the District needs to pay certain expenses incurred in connection with the performance of the Project, with such expenditures to be reimbursed from the proceeds of the Notes, when issued. NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Holly Springs School District, as follows: Section 1. The Board does hereby find, determine and adjudicate that the foregoing premises are true and correct. Section 2. The Board does hereby declare that it is necessary to borrow an amount not exceeding Two Hundred Thirty Thousand and No/100 Dollars ($230,000) for the purpose of paying the costs of the Project, previously described herein, all at a total cost approximately equal to the principal amount of the Notes to be issued hereunder. Section 3. The Board does hereby further declare that no funds are available in the school funds of the District or from any other source with which to pay the costs of the Project, and that it is necessary that the costs thereof be borrowed in the manner and form provided by Section 37-59-101, et. seq., of the Mississippi Code of 1972, as amended. Section 4. The Board hereby declares its intention to borrow such money and to issue the Notes as evidence of the same. The Notes shall bear interest at a rate to be specified by further resolution of the Board, but shall not exceed a greater overall maximum interest rate to maturity than the rates now or hereafter authorized under the provisions of Section 19-9-19 of the Mississippi Code of 1972, as amended. The Notes shall not be sold for less than par and accrued interest. The Notes shall be dated their date of delivery, or such later date as the Board may specify, and shall mature over a period not to exceed five (5) years, with the first installment of principal and/or interest thereon to be made within one year from the date thereof. Section 5. That unless a petition signed by 20% of the qualified electors of said District, requesting that an election be called on the question of incurring said indebtedness, is filed prior to 6:00 p.m. on June 12, 2012, in the Central Office of the District of the District located at 840 Highway 178 East, Holly Springs, Mississippi, final approval of the borrowing of said money and authority for the issuance of said Notes shall be given by the Board at a meeting held on such date and hour at the aforesaid address. Section 6. The Secretary of the Board be and is hereby authorized and directed to cause this Resolution, as adopted, to be published in the South Reporter, a newspaper of general circulation in the District and qualified under the provisions of Section 13-3-31 of the Mississippi Code of 1972, as amended. Said Resolution shall be published once a week for two consecutive weeks, with the first publication thereof to be made not less than 15 days prior to June 12, 2012, on which date the Board will take final action on the question of authorizing the borrowing of said money. Section 7. The District shall use funds currently available in its District Maintenance Fund to pay certain initial costs of the acquisition and construction of the Project, as subsequently identified by the Board, with such expenditures to be reimbursed from a portion of the proceeds of the Notes, when issued. The allocation of the Note proceeds to reimburse the District Maintenance Fund shall be made in writing not later than 18 months after the later of: (a) the date the original expenditure is paid or (b) the date the Project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid. The expenditures to be reimbursed from the Note proceeds shall be incurred solely to acquire, renovate, construct, or improve property having a reasonably expected economic life of at least one year and to pay the cost of such acquisition, construction and improvements. The Note proceeds shall be used to reimburse these expenditures, and not for the reimbursement of operating costs or similar working capital items. This resolution is the official action of the Board adopted as required by regulations promulgated by the Internal Revenue Service governing the reimbursement of prior expenses from note proceeds. Section 8. That all orders, resolutions or proceedings of the Board in conflict with the provisions of this Resolution shall be and the same are hereby repealed. Having received a majority of the affirmative votes of the Board, the Resolution passed on May 8, 2012. BOARD OF TRUSTEES OF THE HOLLY SPRINGS SCHOOL DISTRICT (21-22c) FORECLOSURE NOTICE BY SUBSTITUTE TRUSTEE WHEREAS, on October 24, 2005, Jerry S. Fitch and Sandra K. Fitch, executed a Deed of Trust under the terms of which the hereinafter described land was conveyed to Gary Gaines, Trustee for Federal Land Bank Association of North Mississippi, FLCA (now Mississippi Land Bank, FLCA). Said Deed of Trust is filed for record in Book 394 at Pages 779-788 in the office of the Chancery Clerk of Marshall County, Mississippi; and, WHEREAS, the undersigned was substituted as Trustee in said Deed of Trust by document dated June 3, 2011, filed for record in Instrument #2011002449, on June 16, 2011, at 11:10 A.M. in the office of the Chancery Clerk of Marshall County, Mississippi; and, WHEREAS, default has been made in the performance of the conditions of said Deed of Trust, and the holder thereof has declared the entire indebtedness secured thereby due and has requested the undersigned to sell said lands as provided by said Deed of Trust. THEREFORE, the undersigned will, between eleven o'clock A. M. (11:00 A. M.) and four o'clock P. M. (4:00 P. M.) on June 8, 2012, at the South door of the Marshall County Courthouse in Holly Springs, Mississippi, offer for sale and sell at public outcry to the highest bidder for cash the following described land in Marshall County, Mississippi, to-wit:
A 30 foot wide tract of land to be used as an ingress and egress easement, located in the West 1/2 of Section 10, Township 3 South, Range 2 West, Marshall County, Mississippi and being more particularly described as follows, to-Wit: Commence at a 1/2” rebar set at the Southwest Corner of Section 10, Township 3 South, Range 2 West, Marshall County, Mississippi; run thence EAST 1636.38 feet to a point; run thence NORTH 2422.50 feet to a railroad spike set in the centerline of Hudsonville Public Road; said point being the POINT OF BEGINNING of the centerline of a 30 foot wide easement; said easement lying 15 feet left and 15 feet right of a line described as running along centerline of said easement the following calls; N 70º27'38"W 63.40 feet to a point; N 68º28'17"W 27.43 feet to a point; N 57º42'29"W 27.76 feet to a point; N 41º25'51"W 30.80 feet to a point; N 31º54'20"W 72.93 feet to a point; N 30º45'56"W 18.60 feet to a point; N 30º00'23"W 24.28 feet to a point; N 07º33'33"W 23.93 feet to a point; N 09º08'42"E 29.56 feet to a point; N 12º10'55"E 68.62 feet to a point; N 11º01'57"E 68.39 feet to a point; N 13º00'44"E 92.96 feet to a point; N 19º48'36"E 80.51 feet to a point; N 13º18'17"E 116.00 feet to a point; N 01º23'31"W 46.16 feet to a point; N 08º00'53"W 50.03 feet to a point; N 27º25'23"W 44.44 feet to a point; N 53º52'40"W 55.13 feet to a point; N 70º04'35"W 87.91 feet to a point; N 64º30'58"W 51.60 feet to a point; N 49º54'30"W 63.28 feet to a point; N 43º03'50"W 46.08 feet to a point; N 3º58'49"W 27.91 feet to a point; S 87º17'46"W 39.19 feet to a point; S 67º37'12"W 53.57 feet to a point; S 64º43'35"W 307.72 feet to a point; S 62º07'18"W 44.29 feet to a point; S 52º15'44"W 40.95 feet to a point; S 41º04'45"W 37.97 feet to a point; S 33º09'38"W 45.52 feet to a point; S 28º18'28"W 116.90 feet to a point; S 32º03'20"W 54.51 feet to a point; S 36º28'51"W 66.44 feet to a point; S 40º43'43"W 56.08 feet to a point; S 44º02'28"W 88.41 feet to a point; S 4º14'14"W 60.93 feet to a point; S 39º15'06"W 53.52 feet to a point; S 22º07'56"W 66.96 feet to a 1/2” rebar set at the POINT OF ENDING of the centerline of said 30 foot wide easement. The undersigned will convey only such title as is vested in him as substitute trustee. WITNESS MY SIGNATURE, this the 16th day of May, 2012. /s/ Rex F. Sanderson Rex F. Sanderson, Trustee (21-23c) NOTICE OF NOTE SALE $1,350,000 ELECTRIC SYSTEM REVENUE NOTES OF THE CITY OF HOLLY SPRINGS, MISSISSIPPI Sealed proposals will be received by the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi (the "Governing Body" of the "Municipality"), at the City Hall in the Municipality, until the hour of 5:30 o'clock p.m. on June 19, 2012, at which time said proposals will be publicly opened and read for the purchase in its entirety, at not less than par and accrued interest to the date of delivery, of an issue of One Million Three Hundred Fifty Thousand Dollars ($1,350,000) principal amount Electric System Note or Notes of the Municipality (the "Notes"). The Notes will be dated as of the date of delivery thereof, or such other date as may be agreed upon; will be delivered in the denominations of each principal maturity, as set out below, or as a single Note in the principal amount set forth above with same principal payments; will be numbered from one upward; will be issued in fully registered form; and will bear interest from the date thereof at the rate or rates offered by the successful bidder in its bid, payable annually on the anniversary date of the Notes, commencing one year from the date of the Notes, or such other date as may be agreed upon. The Notes will mature serially, with option of prior payment, on the anniversary date of the Notes in the years and amounts as follows (provided, however, that the principal maturities may be adjusted if such adjustments are agreed to and approved by the Municipality and the purchaser so long as the term of the Notes does not exceed five (5) years and debt service payments are substantially level):
First Anniversary $259,000 Second Anniversary $265,000 Third Anniversary $270,000 Fourth Anniversary $275,000 Fifth Anniversary $281,000
The Notes shall not bear a greater overall maximum interest rate to maturity than eleven percent (11%) per annum and shall mature in the amounts and on the dates hereinabove set forth; no Note shall bear more than one (1) rate of interest; each Note shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Notes of the same maturity shall bear the same rate of interest from date to maturity. The lowest interest rate specified shall not be less than seventy percent (70%) of the highest interest rate specified; each interest rate specified must be an even multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate cannot be named. The interest rate for any one maturity shall not exceed eleven percent (11%) per annum. The Notes will be payable as to principal and interest solely from the gross revenue derived by the operation of the electric system of the Municipality (the “System”), and out of the Bond Fund (as defined in the Note Resolution), subject to the prior payment of the reasonable and necessary expense of operating and maintaining the System. Proposals should be addressed to the Mayor and Board of Aldermen and should be plainly marked "Proposal for Electric System Notes of the City of Holly Springs, Mississippi," and should be filed with the City Clerk of the Municipality on or prior to the date and hour hereinabove named. Each bid must be accompanied by a cashier's check, certified check, or exchange, issued or certified by a bank located in the State of Mississippi, payable to the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, in the amount of Twenty-seven Thousand Dollars ($27,000) as a guaranty that the bidder will carry out its contract and purchase the Notes if its bid be accepted. If the successful bidder fails to purchase the Notes pursuant to its bid and contract, then the amount of such good faith check shall be retained by the Municipality as liquidated damages for such failure. No interest will be allowed on the amount of the good faith deposit. All checks of unsuccessful bidders will be returned immediately on award of the Notes. All proposals shall remain firm for three hours after the time specified for the opening of proposals and an award of the Notes, or rejection of proposals, will be made by the Municipality within said period of time. The award, if any, will be made to the bidder complying with the terms of sale and offering to purchase the Notes at the lowest net interest cost to the Municipality and at rates and terms equal to or better than offered by the National Cooperative Service Corporation (the "NCSC"). The net interest cost will be determined by computing the aggregate interest on the Notes over the life of the issue at the rate or rates of interest specified by the bidder, less premium offered, if any. It is requested that each proposal be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the proposal. The Governing Body reserves the right to reject any and all bids submitted and to waive any irregularity or informality. The Notes are offered subject to the unqualified approval of the legality thereof by Jones, Walker, Waechter, Poitevent, Carrere & Denegre L.L.P., Jackson, Mississippi, bond counsel. The Municipality will pay for all legal fees and will pay for the printing and validation of the Notes, and will also furnish the usual closing papers, including a certificate evidencing the fact that no litigation is pending in any way affecting the legality of the Notes. Further information with respect to the Notes may be obtained from the Office of the City Clerk, City Hall, Holly Springs, Mississippi 39750. By order of the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi, on May 15, 2012. /s/ Andre’ DeBerry Andre’ DeBerry, Mayor /s/ Belinda McDonald Belinda McDonald, City Clerk (21-22c) A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HOLLY SPRINGS, MISSISSIPPI, TO ISSUE ELECTRIC SYSTEM REVENUE BONDS OF SAID MUNICIPALITY IN THE MAXIMUM PRINCIPAL AMOUNT OF ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000) FOR THE PURPOSE OF IMPROVING, REPAIRING AND EXTENDING THE ELECTRIC SYSTEM OF THE CITY OF HOLLY SPRING, MISSISSIPPI, AND DIRECTING PUBLICATION OF NOTICE OF SUCH INTENTION. WHEREAS, the Mayor and Board of Aldermen of the City of Holly Springs, Mississippi (the "Governing Body" of the "Municipality"), acting for and on behalf of the Municipality, hereby finds, determines, adjudicates and declares as follows: The electric system transmission and distribution facilities of the Municipality are operated as a system known as the electric system of the Municipality (the "System"). It is necessary and advisable and in the best interest of the Municipality and its inhabitants to issue electric system revenue bonds of the Municipality in the maximum principal amount of One Million Three Hundred Fifty Thousand Dollars ($1,350,000) for improving, repairing and extending the System (the "Authorized Purpose"), for which purpose there are no other available funds on hand. The Governing Body has determined the nature and extent of the necessary improvements, repairs and extensions to the System and have made an estimate of the cost thereof. Based on that information, the estimated cost thereof is the aggregate amount of One Million Three Hundred Fifty Thousand Dollars ($1,350,000). Said improvements, repairs and extensions are necessary, are economically feasible and would be in the public interest and of benefit to the Municipality, and the findings of said engineers are hereby adopted, including the estimate of the costs of said improvements, repairs and extensions. Under the provisions of Sections 21-27-11 through 21?27?69, Mississippi Code of 1972, as amended (the "Act"), the Municipality is authorized to make such improvements, repairs and extensions and to provide for the payment of the costs thereof, or any portion of such costs, by and through the issuance of bonds, the principal and interest of and on which shall be payable from the revenues of the System. The Municipality reasonably expects that it will incur expenditures for the aforesaid purpose prior to the issuance of said bonds and that it should declare its official intent to reimburse such expenditures made in anticipation of the issuance of said bonds. A sum not exceeding One Million Three Hundred Fifty Thousand Dollars ($1,350,000) must be provided and raised by the issuance of special obligation bonds in said amount, payable both as to principal and interest from the revenues of the System, as authorized by the Act. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY AS FOLLOWS: The Governing Body does hereby declare its intention to issue electric system revenue bonds of the Municipality in the maximum principal amount of One Million Three Hundred Fifty Thousand Dollars ($1,350,000) (the "Bonds") for the Authorized Purpose. Pursuant to Section 1.150-2 of the Treasury Regulations (the "Reimbursement Regulations"), the Governing Body hereby declares its official intent to reimburse expenditures made for the Authorized Purpose prior to the issuance of the Bonds with proceeds of the Bonds to the extent permitted by the Reimbursement Regulations. The Bonds in the amount, for the purpose and secured as aforesaid will be authorized to be issued at a meeting of the Governing Body to be held at the City Hall on June 19, 2012, at 5:30 p.m., which date so fixed will be more than ten (10) days after the third (3rd) date of publication of this resolution, as directed by Section 3 hereof. If a petition signed by not less than twenty percent (20%) of the qualified electors of the Municipality be filed objecting to and protesting the issuance of such revenue bond issue on or before the aforesaid date and hour, then an election on the question of the issuance of such bonds shall be called and held as provided by law. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, and may be sold under the regular procedure for selling such bonds. This resolution shall be published once a week for at least three (3) consecutive weeks in The South Reporter, a newspaper published in and having a general circulation in the Municipality, and being a qualified newspaper under the provisions of Section 13-3-31, Mississippi Code of 1972. The third (3rd) such publication of this resolution shall be made not less than eleven (11) days prior to the date specified in Section 2 hereof. The City Clerk of the Municipality shall be and is hereby directed to procure from the publisher of the aforesaid newspaper the customary proof of publication of this resolution and to have the same before the Governing Body on the date and hour specified in Section 2 hereof. Alderman James moved and Alderman Payne seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote, the result was as follows: Alderman Garrie Colhoun voted: yes Alderman Calvin James voted: yes Alderman Russell Johnson voted: yes Alderman Harvey Payne voted: yes Alderman Johnnie Bagley voted: yes The motion having received the affirmative vote of a majority of the members present, the Mayor declared the motion carried, and the resolution adopted on the 15th day of May, 2012. /s/ Andre’ DeBerry Andre’ DeBerry, Mayor ATTEST: /s/ Belinda McDonald Belinda McDonald, City Clerk PUBLICATION INSTRUCTIONS: Please publish May 24, May 31 and June 7, 2012 (21-23c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE LAST WILL AND TESTAMENT OF DANIEL WAYNE DEVORE, SR. DECEASED NO. 2012-0319A DANIEL WAYNE DEVORE, JR., PETITIONER NOTICE TO CREDITORS Letters Testamentary having been granted on the 16th day of May, 2012, by the Chancery Court of Marshall County, Mississippi, to the undersigned, upon the estate of Daniel Wayne Devore, Sr., 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 MY SIGNATURE on this the 11th day of May, 2012. /s/ Daniel Wayne Devore, Jr. DANIEL WAYNE DEVORE, JR. EXECUTOR WILLIAM F. SCHNELLER JONES & SCHNELLER, PLLC, Attorneys P.O. Box 417 Holly Springs, Mississippi 38635 (21-23c) 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 30, 2008 executed by Otis R. Dempsey, Manager of Dempsey Properties, LLC unto William F. Schneller as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record as Instrument No. 2008002539 in the land records of the Clerk of the Chancery Court of Marshall County, Mississippi; and default having been made in the payment of the indebtedness thereby secured, and the undersigned having been requested by the legal holder of said indebtedness to foreclose said Deed of Trust, notice is hereby given that I, as Trustee aforesaid, will, within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, June 15, 2012 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 the same land and property as conveyed to Otis R. Dempsey by Special Warranty Deed dated February 28, 2008 and executed by HRH, LLC recorded as Instrument #2008001257 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. PROPERTY ALSO KNOWN AS: Church Street Station, Byhalia, MS 38611
WITNESS MY SIGNATURE on this the 18th day of May, 2012. William F. Schneller, Trustee Publishing Dates: May 24, 31, June 7, 14, 2012 (21-24c) |
     
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