Legal NoticesPublic Notice
The following vehicles will be
auctioned to the highest bidder on 12/28/12, at 9 a.m. at Yarbrough
Wrecker Service, 86 Coke Road, Byhalia, MS 38611.
1994 Jeep Cherokee
VIN 1J4GZ58Y9RC107369
2004 Nissan Titan
VIN 1N6AA07A04N539210
1985 Ford F150
VIN 1FTCF15NXFPB336628
(51-01c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
PNC BANK,
N.A.
PLAINTIFF
VS. CIVIL ACTION NO:
2012-0698-R
CORA H. SIMPSON, KERRI DOYLE
SIMPSON AND CHRISTOPHER D.
SIMPSON, DEPARTMENT OF REVENUE, AND ANY
AND ALL PERSONS REAL OR
CORPORATE HAVING OR CLAIMING
ANY LEGAL OR EQUITABLE RIGHT, TITLE
OR INTEREST TO CERTAIN PROPERTY
IN MARSHALL COUNTY,
MISSISSIPPI
DEFENDANTS
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
COUNTY OF MARSHALL
TO: ANY AND ALL PERSONS REAL OR
CORPORATE HAVING OR CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE OR
INTEREST TO CERTAIN PROPERTY IN MARSHALL COUNTY, MISSISSIPPI
You have been made a Defendant in the
suit filed in the Chancery Court of Marshall County, by PNC Bank, N.A.,
in which Plaintiff seeks to have a certain mobile home declared
permanently affixed to and part of real property and seeks an order
requiring the Department of Revenue to issue a new Certificate of Title
to PNC Bank, N.A..
You are required to mail or hand
deliver a copy of a written response to the Complaint to Merideth J.
Drummond, the attorney for the Plaintiff, whose post office address is
Post Office Box 400, Brandon, MS 39043, and whose street
address is 2001 Creek Cove, Suite A, Brandon, Mississippi 39042.
YOUR RESPONSE MUST BE MAILED OR
DELIVERED WITHIN THIRTY (30) DAYS FROM THE 20TH DAY OF DECEMBER, 2012,
WHICH IS THE DATE OF THE FIRST PUBLICATION OF THIS ALIAS
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 Chancery Clerk of Marshall County, Mississippi,
within a reasonable time afterward.
ISSUED under my hand and seal of said
Court, this 27th day of November, 2012.
C.W. “Chuck”Thomas
CHANCERY CLERK OF
MARSHALL COUNTY
By: Karen Cook
Deputy Clerk
12/20/12, 12/27/12, 01/03/13
(51-01c)
Substitute Trustee’s Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF
Marshall
WHEREAS, on the 2nd day of November,
2000 and acknowledged on the 2nd day of November, 2000, Jennifer
Scruggs, a single person, executed and delivered a certain Deed of
Trust unto Martin T. Cantu, Trustee for Texas Financial Corporation,
Beneficiary, to secure an indebtedness therein described, which Deed of
Trust is recorded in the office of the Chancery Clerk of Marshall
County, Mississippi in Book 272 at Page 655; and
WHEREAS, on the 8th day of November,
2000, Texas Financial Corporation, assigned said Deed of Trust unto
EquiCredit Corporation of America, by instrument recorded in the office
of the aforesaid Chancery Clerk in Book 68 at Page 396 Instrument#
8790528114; and
WHEREAS, on the 31st day of October,
2012, the Holder of said Deed of Trust substituted and appointed Sean
A. Southern as Trustee in said Deed of Trust, by instrument recorded in
the office of the aforesaid Chancery Clerk in Instrument# 2012004588;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 10th day of January, 2013, I will during the lawful hours
of between 11:00 a.m. and 4:00 p.m., at public outcry, offer for sale
and will sell, at the south door of the Marshall County Courthouse at
Holly Springs, Mississippi, for cash to the highest bidder, the
following described land and property situated in Marshall County,
Mississippi, to-wit:
Lot No. 30 as shown on Plat No. 868B,
of the Westlake Village Subdivision, Phase Three, according to the plat
thereof on file in the office of the Chancery Clerk of Marshall County,
Mississippi, plat of which was prepared by Elliot and Britt
Engineering, Larry L. Britt, Registered Surveyor, No. PLS#2078,
PE#7193, dated April 17, 2000, reference to which plat is hereby made
in aid of this description and being located in the Northeast Quarter
of Section 31, Township 3 South, Range 2 West, in the City of Holly
Springs, Marshall County, Mississippi.
I will only convey such title as is
vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this 28th day of
November, 2012.
Sean A. Southern
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
ASH/F12-0842
PUBLISH: 12.20.12/12.27.12/1.3.13
(51-01c)
RESOLUTION AND ORDER TO SET
PUBLIC HEARING
ON REDISTRICTING PLANS
WHEREAS, the United States of America
completed its regular ten-year census for the calendar year 2010;
WHEREAS, the census data was released
in the spring of 2011;
WHEREAS, the census data showed changes
which were greater than 5% in two of the five supervisor districts in
Marshall County, Mississippi;
WHEREAS, the overall changes in the
population of Marshall County, Mississippi are slight, the changes
Supervisor District Three and Supervisor District Five were substantial
enough that redistricting would be required in order to remain in
compliance with federal laws concerning voting rights and equal
representation;
WHEREAS, the firm of Elliott &
Britt was retained to complete a thorough analysis of
the census data, including all
demographic data computations compiled and assessed as part of the
census;
WHEREAS, the Board of Supervisors on
behalf of Marshall County, Mississippi monitored the redistricting
process and discussed the same, it was resolved that the redistricting
process should not be completed until after the County elections and
State elections were conducted because the variance was so small and
the confusion of the citizens would be so high until after said
elections were held;
WHEREAS, the elections have been
completed and the firm of Elliott & Britt has prepared two
qualifying, proposed redistricting plans. The proposed alternative
plans can be viewed in the office of C. W. Chuck Thomas, the Chancery
Clerk of Marshall County, Mississippi;
WHEREAS, the Board of Supervisors has
scheduled a public hearing for January 14, 2013, at 1:00 p.m. in the
Board of Supervisors room located at 103B Market Street, Holly Springs,
Mississippi;
WHEREAS, the public shall be invited to
attend and comment on the proposed alternatives for redistricting in
order to balance Supervisor District Three and Supervisor District Five;
WHEREAS, the Marshall County Board of
Supervisors has instructed that this Resolution and Board Order be
published according to law so that the public is properly notified of
the public hearing on the redistricting plans.
NOW, having thoroughly discussed the
matter, Supervisor Dixon made a Motion to set the meeting for January
14, 2013, at 1:00 p.m. and that Notice of the meeting be published in
the newspaper as required by law. Supervisor Taylor duly seconded the
Motion. A vote was called for and cast. The Motion unanimously carried.
THEREFORE, BE IT RESOLVED AND ORDERED,
that the public hearing on the proposed, qualifying redistricting plans
be set for 1:00 p.m. on January 14, 2013, in the Boardroom of the
Marshall County Board of Supervisors and that Notice of the hearing be
published according to law.
SO RESOLVED AND ORDERED, this the 3rd day of December, 2012.
MARSHALL COUNTY
BOARD OF SUPERVISORS
Ronnie J. Bennett
RONNIE J. BENNETT, President
ATTEST:
C.W. “Chuck” Thomas
C.W. “CHUCK” THOMAS, Clerk
Kent E. Smith
KENT E. SMITH, Attorney for the
Marshall County Board of Supervisors
(51-02c)
Notice of Public Hearing
The Marshall County Planning Commission
will hold a public hearing during their regular scheduled meeting on
Thursday, January 10, 2013, at 3:30 p.m. in the Marshall County
Planning Commission and Zoning Office at 590 Old Highway 78 East, Holly
Springs, Mississippi for the purpose of determining if discharging of
firearms in Collierville Meadows Subdivision is a danger and a nuisance
to the residents.
The public is cordially invited. Any
person may appear before the Commission either in person or by agent,
or may file written comment concerning this matter with the
Administrative Official prior to the hearing.
Written Comments should be submitted no
later than January 9, 2013, to the Marshall county Planning Commission
and Zoning, P.O. Box 219, Holly Springs, MS 38635.
Conway Moore
Marshall County Zoning Administrator
(51-52c)
In the Chancery Court of
Marshall County, Mississippi
In the Matter of the Estate of
Michael E. Lynn,
III,
Deceased
Cause No. 12-0609R
Jorja Swaney
Lynn
Petitioner
Notice To Creditors
Executrix’s Notice To Creditors of
Michael E. Lynn, III, Deceased:
Letters Testamentary having been
granted on the 31 day of October, 2012, by the Chancery Court of
Marshall County, Mississippi, in said Cause No. 12-0609R, to the
undersigned, upon the Estate of Michael E. Lynn, III, 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 the 20 day
of November, 2012, or they will be forever barred.
This the 21 day of November, 2012.
Jorja Swaney Lynn, Executrix of the
Estate of Michael E. Lynn III, Deceased
Amery Ewing Moore
Amery Ewing Moore, MSB 102340
The Law Office of
Amery Ewing Moore, PLLC
Attorney at Law
154 South Market Street
Holly Springs, MS 38635
(51-01c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE LAST WILL
AND TESTAMENT OF EDGAR
LYNN
HARRINGTON
DECEASED
NO. 2012-0703A
HARRY H. LOTT, JR.,
ADMINISTRATOR CTA
NOTICE TO CREDITORS
Letters of Administration having been
granted on the 17th day of December, 2012, by the Chancery Court of
Marshall County, Mississippi, to the undersigned, upon the estate of
Edgar Lynn Harrington, 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 17th
day of December, 2012.
HARRY H. LOTT, JR.
ADMINISTRATOR CTA
WILLIAM F. SCHNELLER
JONES & SCHNELLER, PLLC,
Attorneys
P.O. Box 417
Holly Springs, Mississippi 38635
(51-01c)
A RESOLUTION DECLARING THE
INTENTION OF THE MAYOR AND BOARD OF
ALDERMEN OF THE CITY OF HOLLY SPRINGS, MISSISSIPPI, TO ISSUE GAS SYSTEM
REVENUE BONDS OF SAID MUNICIPALITY IN THE MAXIMUM PRINCIPAL AMOUNT OF
ONE MILLION FIVE
HUNDRED SIXTY-FIVE THOUSAND
DOLLARS ($1,565,000) FOR
IMPROVEMENTS REPAIRS AND
EXTENSIONS TO THE GAS SYSTEM OF SAID
MUNICIPALITY.
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 natural gas facilities of the
Municipality are operated and accounted for as a separate enterprise
known as the gas system of the Municipality (the "System").
It is necessary and advisable and in
the best interest of the Municipality and its inhabitants to issue gas
system revenue bonds of the Municipality in the maximum principal
amount of One Million Five Hundred Sixty-five Thousand Dollars
($1,565,000) for improvements, repairs and extensions to the System
(the "Authorized Purpose"), for which purpose there are no other
available funds on hand.
The Governing Body has employed Elliott
& Britt Engineering, PA, Oxford, Mississippi, a competent
engineering firm, to study the System, determine the nature and extent
of the improvements, repairs and extensions necessary thereto, and make
an estimate of the cost thereof.
Said engineers have 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 Five Hundred Sixty-five Thousand Dollars
($1,565,000).
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 Five
Hundred Sixty-five Thousand Dollars ($1,565,000) 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 gas system revenue bonds of the Municipality in
the maximum principal amount of One Million Five Hundred Sixty-five
Thousand Dollars ($1,565,000) (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.
Said 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 January
15, 2013, at 5:30 o’clock 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 first (1st)
publication of this resolution shall be made twenty-five (25) days or
more prior to the date fixed herein for issuance of said bonds, and the
third (3rd) such publication shall be made more than ten (10) 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 Harvey Payne, Sr. moved and
Alderman Russell Johnson seconded the motion to adopt the foregoing
resolution, and the question being put to a roll call vote, the result
was as follows:
Alderwoman Johnnie Bagley voted: YES
Alderman Gary
Colhoun voted: ABSENT
Alderman Calvin
James voted: ABSENT
Alderman Russell
Johnson voted: YES
Alderman Harvey Payne, Sr.
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 4th day
of December, 2012.
City of Holly Springs, Mississippi
/s/ Andre’ DeBerry
Andre’ DeBerry, Mayor
ATTEST:
/s/ Belinda McDonald
Belinda McDonald, City Clerk
(51-01c)
NOTICE
The following storage units will be
opened and the contents sold for delinquent rent on Jan. 4, 2013, at 9
a.m. at 975 Hwy. 7S, Holly Springs, MS 38685.
Unit #
Name
3
Cornilli Brittenum
14 Porsha
Warren
109
Magnolia Hampton
118 Robin
Hurd
Corral Mini-Storage
975 Hwy. 7 S.
Holly Springs, MS 38635
(51c)
Notice of Substitute Trustee’s Sale
Whereas, Charles R. Campbell, Jr., did
execute a Promissory Note secured by a Deed of Trust to Glen A. Rainey,
Sr., which is filed of record in the office of the Clerk of the
Chancery Court of Marshall County, Mississippi, in Book 353 at Page
530, as filed on the 22nd day of April, 2004.
Whereas, Diane G. Taylor was named as
trustee in said mortgage, and the Beneficiary herein subsequently
appointed Leslie B. Shumake, Jr., as Substitute Trustee, by instrument
dated November 30, 2012, and filed onDecember 4, 2012, as Instrument
Number 2012005029, in the Chancery Clerk’s office of Marshall County,
Mississippi.
Whereas, default having been made in
the terms and conditions of said deed of trust and the entire debt
secured thereby having been declared to be due and payable in
accordance with the terms of said Deed of Trust and the holder of said
indebtedness having requested the undersigned Substitute Trustee to
execute the Trust and sell land in accordance with the terms of said
Deed of Trust, and
Whereas, I, Leslie B. Shumake, Jr.,
Substitute Trustee under the provisions of and by virtue of the
authority conferred upon me in said Deed of Trust and subsequent
appointment, will on the 11th day of January, 2013, at public outcry,
offer for sale and sell, within legal hours, the hereinafter described
property at the South Front door of the County Courthouse at Holly
Springs, County of Marshall, State of Mississippi, to the highest and
best bidder for cash, the land lying and being situated in Marshall
County, Mississippi, described as follows, to-wit:
Lot 9 and the West Half of Lot 10 of Phase I of River Ridge Estates of
Marshall County, Mississippi, situated in Section 6, Township 2 South,
Range 4 West and Section 1, Township 2 South, Range 5 West, Marshall
County, Mississippi, being more particularly described as follows:
Lot 9 and the West 1/2 of Lot 10, Phase
I, River Ridge Estates, according to the plat and survey of said
subdivision recorded in Plat File 518 A & B in the office of
the Chancery Clerk of Marshall County, Mississippi, reference to which
is hereby made in aid of this description.
Also: A Mobile Home Certified as Real
Estate, recorded in Book 231 at page 166 in the office of the Chancery
Clerk of Marshall county, Mississippi, and described as: Brigadier
1987, 40’ X 24’, Serial Number 8580.
I will sell and convey only such title as is vested in me as Substitute
Trustee.
Witness my signature, this the 13th day
of December, 2012.
Leslie B. Shumake, Jr.
Leslie B. Shumake, Jr.
(51-02c)
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF
IRENE C. CALDWELL, DECEASED
CAUSE NO. 2012-0716 A
NOTICE TO CREDITORS
Letters Testamentary having been issued
to the undersigned by the Chancery Court of Marshall County,
Mississippi on the 14th day of December 2012, as Executrix of the
Estate of Irene C. Caldwell, deceased.
NOTICE is hereby given to all persons
having claims against said estate to have the same probated,
registered, and allowed by the Clerk of the Court within ninety (90)
days from this date, and failure to do so, will forever bar said claim
or claims.
This the 14th day of December, 2012.
/s/ Carol Huey
CAROL HUEY, EXECUTRIX OF
THE ESTATE OF IRENE C. CALDWELL,
DECEASED
/s/ J. Kizer Jones
J. KIZER JONES
ATTORNEY AT LAW
POST OFFICE BOX 117
HOLLY SPRINGS, MISSISSIPPI 38635
PHONE: 662-252-3788
(51-01c)
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