Thursday, August 9, 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, August 9, 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 NoticesNOTICE OF SUBSTITUTE TRUSTEE'S SALE OF LAND Under and by virtue of the authority vested in me as Substitute Trustee in that certain Deed of Trust dated May 13, 2006 executed by Essex Wilson and Sharon Wilson unto Wade Tiner as Trustee, to secure an indebtedness therein described to Charles W. Tiner, Trustee of the Charles Winfred Tiner, Revocable Living Trust; said Deed of Trust being of record in Land Deed of Trust Book 431 pages 167-168; the undersigned was appointed as Substitute Trustee by instrument dated July 30, 2012 recorded in as Instrument No.2012003159 all 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 Substitute Trustee aforesaid, will within lawful hours, at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on FRIDAY, AUGUST 31, 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:
Less and except: 1 acre in the Northeast Corner of Lot 21, Woods Country Estates in Marshall County, Mississippi and more particularly described as beginning at Northeast Corner of Lot 21, running 100 feet along right of way of road in Southwest Direction; thence 435 feet in a Southeasterly direction parallel to boundary line of Lots 20 and 21; thence 100 feet Northeast to said boundary line; thence 435 feet along boundary line to point of beginning, being 1 Acre, more or less, in the Southeast Quarter of Section 18, Township 3 South, Range 3 West, Marshall County, Mississippi; according to the plat of said subdivision as originally recorded in Plat book 4, on page 86, and now re-indexed and re-filed in Plat File 205 A&B, all in the office of the Chancery Clerk of Marshall County, Mississippi. PARCEL NO: 146-18-07500
WITNESS MY SIGNATURE on this the 2nd day of August, 2012. William F. Schneller, Substitute Trustee Publishing Dates: August 9, 15, 23, 30, 2012 (32-35c) 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 November 26, 2007 executed by Fonya Liggett 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 452 pages 447- 452 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, AUGUST 31, 2012 will 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:
PROPERTY ADDRESS: 492 Millwright Road, Holly Springs, MS 38635
WITNESS MY SIGNATURE on this the 31st day of July, 2012. William F. Schneller, Trustee Publishing Dates: August 9, 16, 23, 30, 2012 (32-35c) THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE LAST WILL AND TESTAMENT OF DOROTHY C. KRIESE, A/K/A DOROTHY PICKLE CAUSE NO. 2012-0455A JIM EDWARDS PETITIONER NOTICE TO CREDITORS LETTERS TESTAMENTARY over the Estate of Dorothy C. Kriese, deceased, having been granted to me on August 1, 2012, by the Chancery Court of Marshall County, Mississippi, notice is hereby given all persons having claims against said estate to have the same probated and registered by the Clerk of said Court within ninety (90) days from the date hereof or they will be barred. This the 6th day of August, 2012. Jim Edwards Executor Leslie B. Shumake, Jr. Solicitor for Executor (32-34c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN RE: IN THE MATTER OF THE ESTATE OF CLAY JONES, DECEASED CAUSE NO. CV2012-0379A SUMMONS BY PUBLICATION STATE OF MISSISSIPPI COUNTY OF MARSHALL TO: Unknown Heirs at Law of Clay Jones, Deceased You have been made a defendant in a matter filed before this Court by Versia Jones, seeking a determination of heirship in accordance with the laws of the State of Mississippi. Those claiming to be lawful heirs of Clay Jones are Versia Jones. You are required to mail or hand deliver a written response to the Petition filed in this action to D.Reid Wamble, Post Office Box 1950, Olive Branch, Mississippi 38654. Your response must be mailed or delivered not later than thirty (30) days after the 9th day of August 2012, which is the date of the first publication of this summons. If your response is not so mailed or delivered, a judgment will be entered for the relief demanded in the petition and this court will establish the heirs at law of Clay Jones, deceased. You must also file the original of your response with the clerk of this Court. You are further summoned to appear and defend the Petition to Determine Heirs at Law of Clay Jones, Deceased, before the Chancery Court of Marshall County, Mississippi on the 14th day of September, 2012, at 9:30 o’clock a.m. at the Lafayette County Chancery Building in Oxford, Mississippi, to show cause, if any you can, in Cause No. CV2012-0379A wherein you are a respondent, why Versia Jones should not be declared the sole heir at law of Clay Jones, deceased, pursuant to Section 91-1-27, et seq. of the Mississippi Code, and why such other relief prayed for should not be granted. In case of your failure to appear and defend, a Decree will be entered finding the above-named person to be the sole heir at law of Clay Jones, deceased. Issued under my hand and seal of this court, this the 3rd day of August, 2012. C.W. “Chuck” Thomas, Chancery Clerk Marshall County Chancery Court Clerk By Karen Cook, D.C. Publish: August 9, 16, and 23, 2012 (32-34c) The Board of Directors of the Marshall County Industrial Development Authority, took up for consideration the matter of borrowing funds from the Mississippi Development Bank for the purpose of financing certain capital projects within Marshall County, Mississippi. Thereupon Director Bill Dawson offered and moved the adoption of the following resolution: RESOLUTION OF THE Board of directors of the marshall county industrial development authority DECLARING THE INTENTION OF THE authority to authorize borrowing of an amount not TO EXCEED one hundred sixty-three million DOLLARS ($163,000,000) by ENTERing INTO A LOAN WITH THE MISSISSIPPI DEVELOPMENT BANK FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN CAPITAL PROJECTS, WHICH SHALL CONSIST OF THE DESIGN, RIGHT OF WAY ACQUISITION, CONSTRUCTION, IMPROVEMENT, EXPANSION AND EXTENSION OF U.S. INTERSTATE HIGHWAY 69 EASTWARD FROM THE MARSHALL COUNTY - DESOTO COUNTY LINE IN THE COUNTY TO THE STATE OF MISSISSIPPI - STATE OF TENNESSEE STATE LINE OR ANY OTHER HIGHWAY, ROAD AND/OR BRIDGE IMPROVEMENTS IN THE COUNTY, TOGETHER WITH RELATED IMPROVEMENTS AND INFRASTRUCTURE; AND FOR OTHER AUTHORIZED PURPOSES UNDER THE ACT. WHEREAS, Chapter 958 Senate Bill Number 3022, Local and Private Laws of 2003, as amended, and Sections 17-13-1 et seq. and 65-1-8(2)(z), Mississippi Code of 1972, as amended (collectively, the " Act") authorizes the Board of Directors of the Marshall County Industrial Development Authority (the "Governing Body") on behalf of the Marshall County Industrial Development Authority (the "Authority") to enter into an agreement with the Mississippi Transportation Commission (the "Commission") for the purpose of accelerating the completion date of scheduled highway construction projects located in Marshall County, Mississippi (the "County"); and WHEREAS, the Commission has on its regular schedule of construction, a project to construct, improve, expand and extend U.S. Interstate Highway 69 eastward from the Marshall County - DeSoto County line in the County to the State of Mississippi - State of Tennessee state line (the "Highway Project"); and WHEREAS, the Highway Project is currently under construction and additional funds are needed for its completion; and WHEREAS, the Governing Body hereby finds and determines that it is necessary and proper to provide funds for completion of the Highway Project and other authorized purposes under the Act; and WHEREAS, the Governing Body and Commission have caused costs estimates to be made of the Highway Project, including closing costs and capitalized interest on the MDB Loan (as defined herein), from which estimates the Governing Body and Commission reasonably find and determine that the contemplated costs thereof will not exceed One Hundred Sixty-Three Million Dollars ($163,000,000); and WHEREAS, it is necessary and in the best interest of the citizens of the County for the Governing Body to secure financing in order to facilitate and accelerate the completion of the Highway Project and other authorized purposes under the Act; and WHEREAS, it is necessary, proper and economically feasible that the Authority borrow money by entering into a loan with the Bank (the "MDB Loan") pursuant to Sections 31-25-1 et seq., Mississippi Code of 1972, as amended ("the Bank Act") for the purposes herein stated and under the procedures hereinafter set forth and as provided by law; and WHEREAS, the MDB Loan will be funded with proceeds of special obligation bonds to be issued by the Bank under the Bank Act (the "Bonds"); and WHEREAS, the Authority and the Commission entered into an Amended and Restated Interlocal Cooperative Agreement, effective as of May 8, 2007, and as amended and supplemented from time to time (the "Interlocal Agreement"), setting forth their respective obligations and responsibilities with respect to the funding, acquisition, and construction of the Highway Project and other authorized purposes under the Act; and WHEREAS, the Authority previously entered into a loan, dated October 18, 2007, with the Bank (the "Prior MDB Loan") in the amount of Fifty-Two Million Dollars ($52,000,000) and used the proceeds of such loan to initiate construction of the Highway Project; and WHEREAS, the Prior MDB Loan is payable solely from the revenues paid by the Commission to the Authority pursuant to the Interlocal Agreement and does not constitute an indebtedness of the Authority or the County within the meaning of any constitutional or statutory, restriction, limitation or provision; and WHEREAS, the MDB Loan shall be payable solely from the revenues paid to the Authority by the Commission pursuant to the Interlocal Agreement and will not constitute an indebtedness of the Authority or the County within the meaning of any constitutional or statutory restriction, limitation or provision; and WHEREAS, the Authority reasonably expects that it and/or the Commission will incur expenditures prior to the funding of the MDB Loan in connection with the Highway Project for which the Authority intends to reimburse itself or the Commission with the proceeds of the MDB Loan; and WHEREAS, the Highway Project is in accordance with and in furtherance of the Act and the Bank Act; WHEREAS, it would be in the best interest of the Authority and the County for the Governing Body to provide funding for the Highway Project by entering into the MDB Loan; and WHEREAS, the Governing Body is authorized and empowered by the Act and the Bank Act to enter into the Loan for the purposes herein set forth and there are no other funds available to finance the Highway Project. NOW, THEREFORE, BE IT RESOLVED BY BOARD OF DIRECTORS OF THE MARSHALL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: SECTION 1. The Governing Body, acting for and on behalf of the Authority, hereby declares its intention to enter into the MDB Loan in a principal amount not to exceed One Hundred Sixty-Three Million Dollars ($163,000,000) to raise money to provide funds for the Highway Project and other authorized purposes under the Act. SECTION 2. The MDB Loan will be payable solely from available revenues paid to the Authority by the Commission pursuant to the Interlocal Agreement and will not constitute an indebtedness of the Authority or the County within the meaning of any constitutional or statutory restrictions, limitations or provisions, and the taxing power of the County will not be pledged to the payment of the MDB Loan. The Authority has no taxing power. SECTION 3. The Governing Body proposes to authorize the MDB Loan in the amount and for the purposes and secured as aforesaid at a meeting of the Governing Body to be held at its usual meeting place, 520 J. M. Ash Drive, Holly Springs, Mississippi 38635 at the hour of 4:30 o'clock p.m. on September 6, 2012, or at some meeting or meetings subsequent thereto; provided, however, that if fifteen percent (15%) or Fifteen Hundred (1,500), whichever is less, of the qualified electors of the County shall file a written protest with the Governing Body against the authorization of the MDB Loan on or before the aforesaid date and hour, then the MDB Loan shall not be entered into unless approved at an election on the question thereof called and held as is provided by law; provided, further that if no protest is filed, then the County may enter into the MDB Loan without an election on the question of the issuance thereof at any time within a period of two (2) years after September 6, 2012. SECTION 4. This resolution shall be published once a week for at least three consecutive weeks in The South Reporter, a newspaper published in and having a general circulation in the city of Holly Springs, Mississippi, and qualified under the provisions of Section 13-3-31, Mississippi Code of 1972, as amended, with the first publication of this resolution being made not less than twenty-one (21) days prior to September 6, 2012, and the last publication being made not more than seven (7) days prior to such date. SECTION 5. The Executive Director of the Authority is hereby directed to procure from the publisher of the aforesaid newspaper the customary proof of publication of this resolution and have the same before the Governing Body on the day and hour hereinabove specified. SECTION 6. The Authority hereby declares its official intent to reimburse itself or the Commission from the proceeds of the MDB Loan for expenses incurred with respect to the Highway Project subsequent to the date of this resolution. This resolution is intended as a declaration of official intent under Treasury Regulation 1.150-2. The MDB Loan and the Bonds will not exceed the aggregate principal amount of One Hundred Sixty-three Million Dollars ($163,000,000). SECTION 7. All orders, resolutions or proceedings of the Governing Body in conflict with the provisions of this resolution shall be and are hereby repealed, rescinded and set aside, but only to the extent of such conflict. SECTION 8. This resolution shall become effective immediately upon the adoption thereof. Director Al Beck seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote, the motion was unanimously approved by the members of the Governing Body present, being a quorum of said Governing Body, and the Chairman of the Governing Body declared the motion carried and the resolution adopted the 2nd day of August, 2012. (32-35c) INVITATION TO SUBMIT PROPOSAL The Housing Authority of the City of Holly Springs is requesting proposals from qualified vendors for HVAC Repair Services until 4:00 p.m. local time on August 29, 2012. The initial term will be for the twelve month period ending August 30, 2013 with an option to extend the contract for one (1) or two (2) additional years. Proposals must be received at the office of the Housing Authority located at 700 Highway 4 East, P.O. Box 550, Holly Springs, MS 38635 on or before August 29, 2012 scheduled herein as the closing time for receipt of the proposals. In accordance with Handbook No. 7460.8 Ch 7.2 (H) the contents of the proposals will be held in confidence and not released in any manner until after contract award. Proposals must be submitted to The Housing Authority of the City of Holly Springs at the above address plainly marked Proposal for HVAC Repair Services. By submission of a proposal, the proposer agrees, if the proposal is accepted, to enter into an agreement with the Housing Authority and to complete all work as specified or indicated in this RFP per the contract price and within the specified timetable. Information for the Request for Proposal may be obtained by contacting the Housing Authority of the City of Holly Springs at the above address or by calling (662) 252-2971. The Housing Authority of the City of Holly Springs does not discriminate on the basis of race, color, religion, sex, national origin or age. Alfred Moore Executive Director Publish dates: August 9, August 16, 2012 (32-33c) IN THE CHANCERY COURT OF MARSHALL COUNTY, MISSISSIPPI IN THE MATTER OF THE LAST WILL AND TESTAMENT OF DELL LEWIS HILL, DECEASED DARTHA MAE HILL McKISSACK a/k/a Dorothy Mae Hill McKessick EXECUTRIX VS. CAUSE NO. 2012-0482R EARLINE HILL, THE UNKNOWN HEIRS OF DELL LEWIS HILL, THE UNKNOWN HEIRS OF ADAM HILL, SR., THE UNKNOWN HEIRS OF KEMP HILL, THE UNKNOWN HEIRS OF A.C. HILL, SR., THE UNKNOWN HEIRS OF SENORA HILL GRANT A/K/A CENORA “PAT” HILL GRANT, THE UNKNOWN HEIRS OF ODESSA HILL KELLY, THE UNKNOWN HEIRS OF A.C. HILL, JR., CHRISTINE MACK ROBSON, THE UNKNOWN HEIRS OF JOE F. HILL, THE UNKNOWN HEIRS OF JAMES HILL, MAE TUNSTALL A/K/A MAY PEARL WALKER TUNSTALL, ARDELLA RICHMOND, KAROL HILL LYONS, ANGELA HILL MANN, ROSEMARY LEAKES MARTIN, FAYE MAYES, GLORIA DODSON, MARTHA HILL, MAHALIA OWENS CRENSHAW, ELOISE SANDERS, KEMP HILL, JR., WILLIE E. HILL, THE UNKNOWN HEIRS OF KARL G. HILL, OTIS C. HILL, TRAVIS HILL, THE UNKNOWN HEIRS OF ROBERT HILL, JOSEPH HILL, CLARA JOHNSON, ESSIE HILL BOUNDS, ROSETTA GRAY, BESSIE CRAFT, ALBERTA HILL, BOBBIE HILL, THE UNKNOWN HEIRS OF EDDIE LEE HILL, DEIDRE HILL, A.C. HILL, III, JERMAINE HILL, NORA HILL, TERRANCE HILL, TYRON HILL, ERICKA COVINGTON, KELLEY HILL, COURTNEY HILL DEFENDANTS SUMMONS IN RULE 81 ACTIONS TO: The Unknown Heirs of Dell Lewis Hill, deceased; The Unknown Heirs of Adam Hill, Sr., deceased; The Unknown Heirs of Kemp Hill, deceased; The Unknown Heirs of A.C. Hill, Sr., deceased; The Unknown Heirs of Senora Hill a/k/a Cenora “Pat” Hill Grant, deceased; The Unknown Heirs of Odessa Hill Kelly, deceased; The Unknown Heirs of A.C. Hill, Jr., deceased; The Unknown Heirs of Joe F. Hill, deceased; The Unknown Heirs of James Hill, deceased; The Unknown Heirs of Karl G. Hill; The Unknown Heirs of Robert Hill; The Unknown Heirs of Eddie Lee Hill; and, Clara Johnson, all of whose places of residence and post office addresses are unknown after diligent search and inquiry.
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 2nd day of August, 2012. C.W. “CHUCK” THOMAS, CHANCERY CLERK OF MARSHALL COUNTY, MISSISSIPPI By Karen Cook, D.C. Publish: August 9, 6 and 23, 2012 Jones & Schneller, PLLC (32-34c) State of Mississippi County of Marshall Trustees Notice of Sale Whereas, on the 15th day of September, 2006, Ruthie Hardaway and Temke Hardaway executed a certain Deed of Trust unto Tanya Peters, Trustee for Scott Robinson, to secure a debt, which said Deed of Trust is record in the office of the Chancery Clerk of Marshall County in Holly Springs, Ms., in Deed of Trust Book 420 on pages 174-175. Whereas, default having been made in the indebtedness secured by said Deed of Trust, and holder of the deed of Trust having asked the undersigned to do so, on the 31st day of August, 2012, I will during legal hours, at public outcry, offer for sale and will sell at the South front door of the Marshall County Courthouse, in Holly Springs, Ms., for cash, to the highest bidder the following property, being described as follows:
Witness my signature, this the 3rd day of August, 2012. Tanya Robinson Publishing Dates: 08/09/2012, 08/16/2012, 08/23/2012, 08/20/2012 (32-35c) Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Marshall WHEREAS, on the 4th day of October, 2006 and acknowledged on the 4th day of October, 2006, Harrison Garrison aka Harrison Garrison, Jr. and Jannie Garrison aka Jannie C. Garrison as Joint tenants with rights of survivorship, executed and delivered a certain Deed of Trust unto Alliance Title, Trustee for Mortgage Electronic Registration Systems, Inc. as nominee for American Brokers Conduit, 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 424 at Page 26; and WHEREAS, on the 10th day of November, 2008, the Holder of said Deed of Trust filed a Loan Modification Agreement of Deed of Trust by instrument recorded in the office of the aforesaid Chancery Clerk of Court in Instrument# 2008006184; and WHEREAS, on the 21st day of March, 2011, Mortgage Electronic Registration Systems Inc, acting solely as a nominee for American Brokers Conduit, 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# 2011001165; and WHEREAS, on the 10th day of November, 2008, a Partial Release of Deed of Trust was filed, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument# 2008006175; and WHEREAS, on the 18th day of July, 2012, the Holder of said Deed of Trust substituted and appointed John C Morris IV as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument# 2012003090; 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 30th day of August, 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:
Four acres, more or less being Lot Nos. 2 and 3 Twin Oaks Subdivision, Phase 1, Located in the Southeast Quarter of Section 33, Township 1 South, Range 4 West, Marshall County Mississippi; being more particularly described as follows: 4.00 Acers, more or less, being Lot Nos. 2 & 3 of Twin Oaks Subdivision, Phase 1, recorded in Plat File No. 839B in the office of the Chancery Clerk of Marshall County, Mississippi, being located in part of the Southeast Quarter of Section 33, Township 1 South, Range 4 West, Marshall County, MS. Subject To: The restrictive covenants of Twin Oaks Subdivision, Phase I, as reflected on said Plat all easements and rights of way for public roads and utilities, and any zoning and building ordinances adopted by the Marshall County Planning Commission and/or the Marshall County Board of Supervisors. Source Deed: This is the same land and property as conveyed to Twin Oaks Corporation by Substituted Trustee’s deed executed by Diane G. Taylor, Dated April 19, 2001 and recorded in Land Deed Book No. 317, at Page 330 in the office of the Chancery Clerk of Marshall County, Mississippi. Subject To: Right of way and casement 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 Sates of Mississippi and its political subdivisions, and particularly including the subdivision regulations and zoning ordinances adopted by ordinances of the Board of Supervisors for Marshall County, Mississippi, none of which render title unmarketable.
I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 1st day of August, 2012. John C Morris IV Substitute Trustee 2309 Oliver Road Monroe, LA 71201 (318) 330-9020 kdb/F12-1503 PUBLISH: 8.9.12/ 8.16.12/ 8.23.12 (32-34c) SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on May 4, 2001, Eddie Elliott and Nettie Elliott, Husband and Wife executed a certain deed of trust to Jim B. Tohill, Trustee for the benefit of Long Beach Mortgage Company which deed of trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book 281 at Page 332; and WHEREAS, said Deed of Trust was subsequently assigned to Deutsche Bank National Trust Company formerly known as Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-3 by instrument dated July 10, 2012 and recorded in Instrument No. 2012002995 of the aforesaid Chancery Clerk's office; and WHEREAS, Deutsche Bank National Trust Company formerly known as Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-3 has heretofore substituted J. Gary Massey as Trustee by instrument dated July 11, 2012 and recorded in the aforesaid Chancery Clerk's Office in Instrument No. 2012003072; 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, Deutsche Bank National Trust Company formerly known as Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-3, 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 September 6, 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:
WITNESS MY SIGNATURE on this 31st day of July, 2012. J. Gary Massey SUBSTITUTED TRUSTEE Shapiro & Massey, L.L.C. 1910 Lakeland Drive, Suite B Jackson, MS 39216 (601)981-9299
Byhalia, MS 38611 11-003502JC
August 9, 16, 23, and 30, 2012 (32-35c) NOTICE OF TRUSTEE'S SALE OF LAND Under and by virtue of the authority vested in me as Trustee in the described Deed of Trust dated November 29, 2007 executed by Otis R. Dempsey, Individually to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in as Instrument No. 2008000054 in the land records of Marshall County, Mississippi; Deed of Trust dated April 30, 2008 executed by Otis R. Dempsey, Individually and Managing Member of Dempsey Properties LLC to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in as Instrument No. 20080002538 in the land records of Marshall County, Mississippi; Deed of Trust dated December 31, 2010 executed by Otis R. Dempsey, Managing Member of Dempsey Properties LLC to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in as Instrument No. 2011000049 in the land records 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, AUGUST 31, 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:
Indexing: 68.508 acres in the northeast quarter of Section 34, Township 2 South, Range 5 West Marshall County, Mississippi and being more particularly described as follows: Commence at a 5/8 inch rebar set at a fence corner at the northwest corner of the northeast quarter of Section 34,Township 2 South, Range 5 West; thence South 89 degrees 51 minutes 14 seconds East 1981.86feet to a pk nail with brass cap set in Vinson Road; thence South 00 degrees 00 minutes 25 seconds west 1314.68 feet to a 1/2 inch rebar with DJH cap, said point being the point of beginning; thence South 7 degrees 11 minutes 46 seconds West 370.47 feet along a fence line to a 1/2 inch rebar found; thence South 6 degrees 51 minutes 51 seconds West 965.75 feet along said fence line to a 1/2 inch pipe found; thence South 89 degrees 11 minutes 47 seconds West 813.31 feet along a fence line to a 1/2 inch rebar set at 6 inch creosote fence post on the north right of way of Mississippi Bypass 78; thence North 41 degrees 52 minutes 16 seconds West 1557.81 feet along said right of way to a 1/2 inch rebar set, passing a concrete right of way marker found 27.20 feet on line; thence North 1 degree 16 minutes 03 seconds East 573.17 feet along a fence line and an old road on the west side to a pk nail with brass cap in the centerline of Vinson Road; thence along the centerline the following calls: South 85 degrees 05 minutes 37 seconds East 26.76 feet to a rail road spike set; thence South 83 degrees 18 minutes 39 seconds East 207.48 feet to a railroad spike set; thence South 86 degrees 40 minutes 22 seconds East 103.45 feet to a railroad spike set; thence North 88 degrees 45 minutes 30 seconds East 81.25 feet to a railroad spike set; thence North 84 degrees 10 minutes 31 seconds East 85.53 feet to a railroad spike set; thence North 78 degrees 44 minutes 47 seconds East 79.00 feet to a railroad spike set; thence North 66 degrees 46 minutes 28 seconds East 76.69 feet to a railroad spike set; thence North 55 degrees 01 minutes 03 seconds East 161.71 feet to a railroad spike set; thence North 64 degrees 03 minutes 49 seconds East 111.56 feet to a railroad spike set; thence North 69 degrees 40 minutes 30 seconds East 169.19 feet to a railroad spike set; thence North 62 degrees 41 minutes 08 seconds East 202.09 feet to a railroad spike set; thence North 69 degrees 20 minutes 35 seconds East 276.43 feet to a railroad spike set; thence North 57 degrees 37 minutes 54 seconds East 84.89 feet to a railroad spike set; thence North 28 degrees 37 minutes 35 seconds East 21.58 feet along said centerline to a pk nail set with brass cap; thence South 497.11 feet passing a 1/2 inch rebar set at 30 feet from said centerline to a 1/2 inch rebar set; thence East 440.19 feet to a 1/2 inch rebar set; thence South 00 degrees 00 minutes 25 seconds West 376.70 feet along an old fence line to the point of beginning. Said tract 1 containing 68.508 acres more or less (2,984,199 square feet) all according to that survey by Donald Jeff Hollingsworth MS RPLS2525 dated September 24, 2007. TRACT II: Indexing: 1.49 acres in the Northeast Quarter of Section 34, Township 2 South, Range 5 West Marshall County, Mississippi and being more particularly described as follows: Commence at a 5/8 inch rebar set at a fence corner being the northwest corner of the northeast quarter of Section 34, Township 2 South, Range 5 West; thence South 89 degrees 51 minutes 14 seconds East 1981.86 feet to a pk nail with brass cap set in Vinson Road; thence South 00 degrees 00 minutes 25 seconds West 790.54 feet to a 1/2 inch rebar set, said point being the point of beginning; thence south 00 degrees 00 minutes 25 seconds West 147.44 feet to a 1/2 inch rebar set; thence West 440.19 feet to a 1/2 inch rebar set; thence North 147.44 feet to a 1/2 inch rebar set; thence East 440.21 feet to the point of beginning. Said tract II containing 1.49 acres more or less (64,904 square feet) all according to the survey by Donald Jeff Hollingsworth MS RPLS #2525 dated September 24, 2007. Source Deed: This is the same land and property as conveyed to Dempsey Properties LLC by Warranty Deed from Otis R. Dempsey dated May 1, 2008 and recorded as Instrument #2008002521 in the office of the Chancery Clerk of Marshall County, Mississippi. LESS AND EXCEPT: Any portion of the following parcels sold to Mississippi Transportation Commission described as follows: Parcel 1 - 0.41 acres more or less and being situated in the Southwest Quarter of the Northeast Quarter of Section 34, Township 2 South, Range 5 West Marshall County, Mississippi and Parcel 2 - 0.55 acres more or less and being situated in the Northwest Quarter of the Northeast Quarter of Section 34, Township 2 South, Range 5 West Marshall County, Mississippi and recorded as Instrument No. 2010002548 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 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 3rd day of August, 2012. William F. Schneller, Trustee Publishing Dates: August 9, 16, 23, 30, 2012 (32-35c) NOTICE OF TRUSTEE'S SALE OF LAND Under and by virtue of the authority vested in me as Trustee in the described Deed of Trust dated May 9, 2007 executed by Otis R. Dempsey and Sonia F. Dempsey to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in Land Deed of Trust Book 440 pages 28-33 in the land records of Marshall County, Mississippi; Deed of Trust dated November 29, 2007 executed by Otis R. Dempsey and Sonia F. Dempsey to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in as Instrument No. 2008000053 in the land records of Marshall County, Mississippi; Deed of Trust dated April 30, 2008 executed by Otis R. Dempsey, Individually and Managing Member of Dempsey Properties LLC to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in as Instrument No. 2008002537 in the land records of Marshall County, Mississippi; Deed of Trust dated December 31, 2010 executed by Otis R. Dempsey, Managing Member of Dempsey Properties LLC to William F. Schneller as Trustee, for the use and benefit of Merchants and Farmers Bank recorded in as Instrument No. 2011000050 in the land records 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, AUGUST 31, 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:
Together with easement for ingress and egress described as follows: A 2.62 acre more or less parcel of land to be used for a temporary easement and located partly in the Northwest Quarter of Section 35 and partly in the Northeast Quarter of Section 34 all being in Township 2 South, Range 5 West in Marshall County, Mississippi and being more particularly described as follows: Begin at a 1/2 inch rebar found at the future south right of way of Church Station Parkway located 735.46 feet North and 560.77 feet west of a 2 inch iron pipe found at the Southeast corner of the Northwest Quarter of Section 35, Township 2 South, Range 5 West in Marshall County, Mississippi; run thence South 89 degrees 50 minutes 22 seconds West along the said future south right of way for a distance of 335.46 feet to a point; run thence South 81 degrees 51 minutes 04 seconds West along said future south right of way for a distance of 315.72 feet to a point at the beginning of a circular curve to the right; run thence along said future south right of way in a circular curve to the right for an arc length of 623.37 feet to a point at the end of said curve and the beginning of a circular curve to the left; said curve to the right having a chord bearing of North 78 degrees 26 minutes 39 seconds West a chord distance of 619.04 feet and a radius of 1524.59 feet; run thence along said future south right of way in a circular curve to the left for an arc length of 607.46 feet to a point at the end of said curve; said curve having a chord bearing of North 78 degrees 31 minutes 48 seconds West a chord distance of 603.18 feet and a radius of 1474.86 feet; run thence South 89 degrees 40 minutes 14 seconds West along said future south right of way for a distance of 287.31 feet to a point at the beginning of a circular curve to the left; run thence along said future south right of way in said circular curve to the left for an arc length of 37.71 feet to a point at the end of said curve and the beginning of a circular curve to the right said point also being the future east right of way of Boswell court; said curve to the left having a chord bearing of South 46 degrees 27 minutes 29 seconds West a chord distance of 34.24 feet and a radius of 25.00 feet; run thence along said future east right of way in said circular curve to the right for an arc length of 12.78 feet to a point at the end of said curve; said curve having a chord bearing of South 03 degrees 43 minutes 00 seconds West a chord distance of 12.78 feet and a radius of 776.89 feet; run thence South 89 degrees 26 minutes 49 seconds West leaving said future east right of way a distance of 50.18 feet to a point at the beginning of a circular curve to the left and being located on the future west right of way of said Boswell Court; run thence along said future west right of way in said circular curve to the left for an arc length of 61.46 feet to a point at the end of said curve, said curve having a chord bearing of North 02 degrees 05 minutes 33 seconds East a chord distance of 61.44 feet and a radius of 726.89 feet; run thence North 00 degrees 19 minutes 46 seconds West along said future west right of way for a distance of 25.00 feet to a point on the future north right of way of said Church Station Parkway; run thence North 89 degrees 40 minutes 14 seconds East along said future north right of way for a distance of 360.75 feet to a point at the beginning of a circular curve to the right; run thence along said future north right of way in a circular curve to the right to an arc length 628.06 feet to a point at the end of said curve and the beginning of a circular curve to the left, said curve to the right having a chord bearing of South 78 degrees 31 minutes 48 seconds East a chord distance of 623.63 feet and a radius of 1524.86 feet; run thence along said future north right of way in a circular curve to the left for an arc length of 602.93 feet to a point at the end of said curve; said curve having a chord bearing of South 78 degrees 26 minutes 39 seconds East a chord distance of 598.74 feet and a radius of 1474.59 feet; run thence North 89 degrees 51 minutes 04 seconds East along said future north right of way for a distance of 315.72 feet to a point; run thence North 89 degrees 50 minutes 22 seconds East along said future north right of way for a distance of 335.45 feet to a 1/2 inch rebar found; run thence South 00 degrees 09 minutes 38 seconds East leaving said future north right of way for a distance of 50.00 feet to the point of beginning containing 2.62 acres more or less. LESS AND EXCEPT: 6.80 acre more or less parcel of land located in the northeast quarter of Section 34, Township 2 South, Range 5 West in Marshall County, Mississippi and being more particularly described as follows: Begin at a 1/2 inch rebar set 940.31 feet north of and 2656.28 feet west of a 2 inch iron pipe found at the southeast corner of the northwest quarter of Section 35, Township 2 South, Range 5 West in Marshall County, Mississippi; run thence South 02 degrees 04 minutes 19 seconds West for a distance of 419.04 feet to a 1/2 inch rebar set; run thence south 89 degrees 26 minutes 49 seconds West for a distance of 725.05 feet to a 1/2 inch rebar set; run thence North 06 degrees 51 minutes 16 seconds East for a distance of 214.87 feet to a 1/2 inch rebar found; run thence North 06 degrees 38 minutes 22 seconds East for a distance of 207.15 feet to a 1/2 inch rebar found; run thence North 89 degrees 26 minutes 49 seconds East for a distance of 690.60 feet to the point of beginning containing 6.80 acres more or less all according to survey of Larry L Britt PE #7198 LS #2078 dated March 9, 2005. Source Deed: This is the same land and property conveyed to Otis R. Dempsey and wife Sonia F. Dempsey by Quitclaim Deed from Otis R. Dempsey dated May 13, 2005 and recorded in Land Deed Book 357 at page 579 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 the Board of Supervisors of Marshall County, Mississippi none of which render title unmarketable.
WITNESS MY SIGNATURE on this the 3rd day of August, 2012. William F. Schneller, Trustee Publishing Dates: Aug. 9, 16, 23, 30, 2012 (32-35c) NOTICE OF INTENTION TO CONSTRUCT DAM AND IMPOUND SURFACE WATERS OF THE STATE OF MISSISSIPPI FOR BENEFICIAL USE Notice is hereby given that on the day of , 2012, , filed an application for permit to divert or withdraw the public waters of the State of Mississippi for beneficial use, from the Meridian-Upper Wilcox aquifer, in the county of Marshall, for irrigation/livestock purposes subject to existing rights, the following amount of water at the indicated location: Dam App. No. SW APP. NO 12-015 MS-SW-10235 Storage Volume Water Source 19 acre-feet Tributary of Little Spring Creek Notice is hereby given that Pete Brown of Waterford, MS filed an application, pursuant to state laws and regulations, to construct a dam to impound a tributary of Little Spring Creek in Marshall County, Mississippi. The impoundment will have a surface area of 3.85 acres at normal pool and will be used for fishing and a farm pond. The proposed dam associated with the impoundment will be classified as a Low Hazard dam with a maximum height of 21 feet and will be constructed in the SE 1/4 of the SE 1/4 of Section 3, Township 6 South, Range 3 West, Marshall County, Mississippi. The design of the dam meets or exceeds the design standards and safety requirements appropriate for the Low Hazard classification. Anyone desiring to comment on this project, to object to the issuance of this permit, or to request a hearing on this project before the Mississippi Environmental Quality Permit Board “Board” may do so by providing written comments within ten (10) calendar days of the date of publication of this notice to” James MacLellan, P.E. Drillers Licensing and Dam Safety Division P.O. BOx 2309 Jackson, MS 39255-2309 If a hearing is scheduled before the Board, parties responding to this notice will be provided advanced notice of the date, time and location of the hearing. (32c) |
     
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