Thursday, July 4, 2013
NOTICE 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 April 13, 2007executed by Raymond Woods and Tommy Woods 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 437page 154-159;
Deed of Trust dated May 27, 2008 executed by Ray E Woods and Tommy Woods unto Jennifer Shackelford as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record as Instrument No. 2009000780;
The undersigned was appointed as Substitute Trustee by instrument dated July 1, 2011 recorded in as Instrument No. 2011002600 in the 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 North front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, July 26, 2013 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:
WITNESS MY SIGNATURE on this the 19th day of June, 2013.
William F. Schneller, Substitute Trustee
Publishing Dates: July 4, 11, 18, 25, 2013
NOTICE 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 July 19, 2008 executed by Ray E Woods unto Jennifer Shackelford 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 415 page 205-210;
Deed of Trust dated May 27, 2008 executed by Ray E Woods unto Jennifer Shackelford as Trustee, to secure an indebtedness therein described to Bank of Holly Springs, said Deed of Trust being of record as Instrument No. 2008003510; the undersigned was appointed as Substitute Trustee by instrument dated July 1, 2011 recorded in as Instrument No. 2011002599 in the 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 North front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, on Friday, July 26, 2013 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:
WITNESS MY SIGNATURE on this the 19th day of June, 2013.
William F. Schneller, Substitute Trustee
Publishing Dates: July 4, 11, 18, 25, 2013
NOTICE OF BOND SALE
HOLLY SPRINGS SCHOOL DISTRICT
HOLLY SPRINGS, MISSISSIPPI
GENERAL OBLIGATION BONDS
NOTICE IS HEREBY GIVEN that the Board of Trustees (the "Board") of the Holly Springs School District, Holly Springs, Mississippi (the "District") acting for and on behalf of the District, will receive sealed bids in its meeting place in the Boardroom located in the District's Central Office, located at 840 Highway 178 East, Holly Springs, Mississippi, until the hour of 10:00 a.m. (local time) on July 16, 2013, at which time said bids 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 thereof, of an issue of Nine Million Seven Hundred Fifty Thousand and No/100 Dollars ($9,750,000.00) General Obligation Bonds of the District (the "Bonds").
THE BONDS: The Bonds will be dated and bear interest from August 1, 2013; will be delivered in definitive form as registered bonds; will be in the denomination of $5,000.00 each, or integral multiples thereof up to the amount of a single issuance; and will bear interest, payable on August 1, 2014, and semiannually thereafter on February 1 and August 1 of each year, at the rate or rates offered by the successful bidder in its bid in accordance with this Notice of Bond Sale.
MATURITIES: The Bonds will mature serially as set forth below, on August 1 in each of the years and amounts as follows:
YEAR AMOUNT YEAR AMOUNT
2014 $195,000 2024 $550,000
2015 195,000 2025 575,000
2016 195,000 2026 600,000
2017 195,000 2027 615,000
2018 205,000 2028 650,000
2019 450,000 2029 675,000
2020 465,000 2030 700,000
2021 485,000 2031 725,000
2022 500,000 2032 750,000
2023 525,000 2033 500,000
If less than all of a series of Bonds of like maturity are to be redeemed, the particular Bonds to be redeemed shall be selected by the Paying Agent at random in such manner as the Paying Agent, in its discretion, may deem fair and appropriate.
In the event that any Bond is to be called for redemption as aforesaid, notice of such redemption, setting forth the place or places of payment, shall be mailed by first class mail not less than 30 days nor more than 60 days prior to the date fixed for redemption to the Registered Owner of each Bond to be redeemed at the address shown on the registration books.
On the specified redemption date, all Bonds so called for redemption shall cease to bear interest and shall no longer be secured by the pledge and covenants of the Bond Resolution, provided monies for their redemption are on deposit at the place of payment at that time.
AUTHORITY AND SECURITY: The Bonds will be issued pursuant to the provisions of Sections 37-59-1 to 37-59-45, Mississippi Code of 1972 (the "Act"), and shall be general obligations of the District payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct, unlimited and continuing tax to be levied annually, without limitation as to time, rate or amount upon the taxable property within the geographical limits of the District. The Board of Aldermen of Holly Springs, Mississippi, will levy annually the special tax upon all taxable property within the geographical limits of the District in an amount adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same fall due, to the extent other funds are not used for such purpose. Closing on the Bonds shall be contingent upon the levy of this tax.
In addition, the District has pledged certain revenue, in the amount of $43,306, it will receive annually from the State through the Educational Enhancement Fund ("EEF") pursuant to Miss. Code Ann. §37-61-33 (1972), as amended, to pay a portion of the debt service.
PURPOSE: The Bonds are being issued to provide funds for the purpose of paying the costs of purchasing, erecting, repairing, equipping, remodeling, constructing and improving school buildings and related facilities, purchasing land therefor, and providing water, light, heating, air conditioning and sewer facilities for school facilities, and paying the costs of issuing the Bonds, as further described in a resolution adopted by the Board on February 14, 2013.
FORM OF BIDS: Sealed bids should be addressed to the Board of Trustees of the Holly Springs School District and delivered to the Board of Trustees at its aforementioned regular meeting place, should be plainly marked "Bid for General Obligation Bonds, Series 2013, of the Holly Springs School District,” and should be filed with the Business Manager of the District on or prior to the date and hour hereinabove named. All bids should be unconditional and submitted substantially in the form prepared by the District, copies of which may be obtained from the Business Manager of the District at the address shown below.
As promptly as reasonably possible after bids are received, the Board will notify the successful bidder that it is the apparent winner.
INTEREST RATE AND BID RESTRICTIONS: All bids must conform to the requirements of this Notice of Bond Sale. Bidders must bid to purchase all maturities of the Bonds. No bid will be considered which does not offer to purchase all of the bonds. Each bid must specify (1) an annual rate of interest for each maturity, and (2) a dollar purchase price for the entire issue of the Bonds.
The Bonds shall not bear a greater overall maximum interest rate to maturity than eleven percent (11%) per annum, nor shall the interest rate for any one maturity exceed eleven percent (11%) per annum. No Bond shall bear more than one (1) rate of interest; each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from date to maturity; and the lowest interest rate specified shall not be less than seventy percent (70%) of the highest interest rate specified. Each interest rate specified in any bid must be a 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 of interest cannot be named.
GOOD FAITH DEPOSITS: Each bid for the Bonds 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 Board of Trustees of the Holly Springs School District in the amount of One Hundred Ninety-Five Thousand and No/100 Dollars ($195,000.00) as a guaranty that the bidder will carry out its contract and purchase the Bonds if its bid be accepted. All checks of unsuccessful bidders will be returned immediately on award of the Bonds. The amount of the good faith check submitted by the successful bidder shall be deposited by the District and applied against the purchase price of the Bonds. If the successful bidder fails to purchase the Bonds pursuant to its bid and contract, then the amount of such good faith check shall be retained by the District as liquidated damages for such failure. No interest will be allowed to the successful bidder on the amount of the good faith deposit.
MUNICIPAL BOND INSURANCE. Each bidder for the Bonds must specify, as part of its bid, whether a commitment for bond insurance has been obtained by such bidder and, if so, the amount of the premium for such insurance. The amount of any such premium must be included in the purchase price for the Bonds. The failure of a bidder to specify insurance in its bid will constitute a representation that the bidder has not obtained such an insurance commitment or that such insurance does not result in arbitrage true interest cost savings to the District. If an insurance commitment has been obtained and the insurance will produce arbitrage true interest cost savings to the District, such matters must be confirmed at the time the bidder is notified that it is the apparent winner, as described in "FORM OF BID" and "INTEREST RATES AND BID RESTRICTIONS” above, and also with a certificate delivered simultaneously with the delivery of the Bonds. The successful bidder must also furnish other related certificates from the insurer, satisfactory to the District in form and substance, and delivered simultaneously with delivery of the Bonds. Responsibility for qualifying the Bonds for insurance and paying bond insurance premiums shall be borne by the bidder.
AWARD OF BONDS: The award, if any, of the Bonds will be made to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest net interest cost to the District, which shall be determined by computing the aggregate interest on the Bonds 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 bid 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 bid. All bids shall remain firm for four (4) hours after the time specified for the opening of bids, and an award of the Bonds, or rejection of bids, will be made by the District within said period of time.
RIGHT OF REJECTION, CANCELLATION: The Board reserves the right to reject any or all bids submitted, as well as to waive any irregularity or informality in any bid. The successful bidder for the Bonds shall have the right, at its option, to cancel its agreement to purchase Bonds if the Bonds are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the Board shall return to said bidder its good faith deposit. The Board shall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) days after the tender of Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Bonds, and in such event the Board shall retain the successful bidder's good faith deposit as liquidated damages as hereinabove provided.
PAYING AGENT, TRANSFER AGENT, AND REGISTRAR: The purchaser of the Bonds shall be allowed to designate a bank to serve as paying agent (the "Paying Agent") for the Bonds, subject to Board approval. The Paying Agent shall be subject to change by order of the Board under the conditions and in the manner provided in the Bond Resolution under which the Bonds are issued.
FORM; BOOK ENTRY. The Bonds will be issued in fully registered, book-entry only form and a bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York (“DTC”), registered in the name of its nominee, Cede & Co., and immobilized in its custody. A book-entry system will be employed, evidencing ownership of the Bonds, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures adopted by DTC and its participants. The successful bidder, as a condition to delivery of the Bonds, will be required to deposit the Bond certificated with DTC, registered in the name of Cede & Co. Principal of, premium, if any, and interest on the Bonds will be payable by the Paying Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal, premium, if any, and interest payments to the beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. Neither the District nor the Paying Agent will be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting though such participants. The successful bidder will be required to furnish to DTC within seven (7) days after the sale the customary underwriter’s questionnaire and information as to each DTC participant and the Bonds to be held for it.
DELIVERY: The Bonds will be delivered pursuant to a Book Entry System as further described in the Preliminary Official Statement.
CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on the Bonds unless specifically declined by the Purchaser, but neither the failure to print such number on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the Bonds in accordance with the terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid by the District; the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the Purchaser.
LEGAL OPINION; CLOSING DOCUMENTS: The Bonds are offered subject to the unqualified approval of the legality thereof by Young Law Group, PLLC, Jackson, Mississippi ("Bond Counsel"). In the opinion of Bond Counsel, interest on the Bonds is excludable from gross income for federal income tax purposes and is exempt from Mississippi income taxes under existing laws, regulations, rulings and judicial decisions with such exceptions as shall be required by the Internal Revenue Code of 1986. The District has designated the Bonds as "bank qualified" for purposes of Section 265(b) of the Internal Revenue Code. A copy of the opinion of Bond Counsel, which will be printed on the back of each Bond, together with the usual closing documents, including a non-litigation certificate dated the date of delivery of the Bonds, evidencing that no litigation is pending in any way affecting the legality of the Bonds or the taxes to be levied for the payment of the principal thereof and interest thereon, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge. The District will pay for all legal fees and will pay for the printing and validation of the Bonds.
CONTINUING DISCLOSURE: In December 2008, the Commission voted to simplify continuing disclosure filing requirements. Beginning July 1, 2009, continuing disclosures and material event notices are to be electronically filed at a single location, the Electronic Municipal Market Access (EMMA) System.
The District hereby covenants that under the terms of Rule 15c2-12, as amended, of the Securities and Exchange Commission and pursuant to the Bond Resolution dated June 11, 2013 (the "Bond Resolution"), which serves as a contract for the benefit of the owners and beneficial owners of the Bonds, the District undertakes to deliver or cause to be delivered, commencing with the fiscal year of the District that begins July 1, 2013 (the “Undertaking”):
(i) to EMMA no later than 180 days after the end of each fiscal year (the "Submission Date"), an Annual Report containing or including by reference (i) all quantitative financial information and operating data with respect to the Issuer of the general type included in the Preliminary Official Statement dated July 1, 2013 (the "Preliminary Official Statement") under the headings “TAX INFORMATION,” “DEBT INFORMATION,” and “OTHER FINANCIAL INFORMATION,” (ii) other financial information set forth in APPENDIX B of the Official Statement, and (iii) the Issuer’s audited financial statements for the previous year. If the Issuer's audited financial statements are not available by the Submission Date, the Annual Report shall contain unaudited financial statements in a format similar to the unaudited financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to MSRB. If the document included by reference is a final official statement, it must be available from MSRB. The Issuer shall clearly identify each such other document so included by reference.
(ii) to EMMA, in a timely manner not in excess of ten business days after the occurrence of the event, notice of any of the following events regarding the Bonds:
(1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancement reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the security; (7) modifications to rights of security holders, if material; (8) bond calls, if material; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the securities, if material; (11) rating changes; (12) tender offers; (13) mergers, consolidations, acquisitions, the sale of all or substantially all of the assets of the obligated person or their termination, if material; (14) bankruptcy, insolvency, receivership or similar event; and (15) appointment of a successor or additional trustee or a change in the name of a trustee, if material;
(iii) in a timely manner not in excess of ten business days after the occurrence of the event, to EMMA, notice of failure of any Obligated Person to provide the required information in (i) and (ii) above on or before any dates specified in (i) through (ii) above.
The District’s Undertaking is enforceable in accordance with its respective terms by any Owner or beneficial owner either directly or as third party beneficiary. Any Owner or beneficial owner shall have the rights, for the equal benefit and protection of all Owners or beneficial owners, by mandamus or other suit or proceeding at law or in equity, to enforce its rights against the District and to compel the District to perform and carry out its duties under the Undertaking; provided that such rights shall be limited to an action to compel specific enforcement of the obligations of the District and shall not include any rights to monetary damages.
The District has agreed to provide information and notices of material events only as described above. The District has not agreed to provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition or prospects or agreed to update any information that is provided, except as described above. The District makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell bonds at any future date. The District disclaims any contractual or tort liability for damages resulting in whole or in part from any breach by it of the Undertaking or from any statement made pursuant to its Undertaking.
The Undertaking may be amended, changed or modified by the District without the consent of any of the Owners or beneficial owners, (i) to comply with the provisions of Rule 15c2-12, as amended from time to time, to the extent any such amendments are applicable to the District or the Bonds, (ii) to cure any ambiguity, remedy any omission, or cure or correct any defect or inconsistent provision in the Undertaking, or (iii) in connection with a change in circumstances arising from a change in the law or from a change in the identity, nature, or status of the District, or (iv) if the District obtains the opinion of nationally recognized bond counsel that any such amendment will not have a material adverse effect on the interest of the Owners or beneficial owners; provided, that any such amendment, change or modification shall comply with the provisions of Rule 15c2-12 as amended to the date of such amendment, change or modification.
The obligation under the Undertaking shall terminate upon legal defeasance, prior redemption or payment in full of the Bonds.
The Undertaking is enforceable and may be modified as set forth in the Bond Resolution and the Preliminary Official Statement.
The District is in compliance with all previous continuing disclosure undertakings, if any, made in accordance with Rule 15c2-12.
REOFFERING CERTIFICATE. Simultaneously with or before the delivery of the Bonds, the successful bidder shall furnish to the District a certificate acceptable to Bond Counsel stating (i) the reoffering prices (as shown on the bidder’s winning bid); (ii) that the successful bidder has made a bona fide public offering of the Bonds at the reoffering prices; and (iii) that at least 10% or more in par amount of the Bonds of each maturity have been sold to the public (excluding bond houses, brokers and other intermediaries) at such reoffering prices. Such certificate must be made on the best knowledge, information and belief of the successful bidder and the delivery of such certificate shall be a condition of the delivery of the Bonds.
FURTHER INFORMATION: The District has prepared a Preliminary Official Statement which it deems for the purposes of S.E.C. Rule 15c2-12, to be final and complete as of its dated date except for the omission of the offering prices, interest rates, and any other terms of the Bonds depending on such matters, and the identity of the underwriters, subject to revision, amendment and completion in a final Official Statement. The District will publish an Official Statement in substantially the same form as the Preliminary Official Statement, subject to minor additions, deletions and revisions as required to complete the Preliminary Official Statement. The District will furnish up to 100 copies of the Official Statement to the successful bidder for the Bonds without charge within seven (7) business days after the award of the bid. The successful bidder must notify the Superintendent of the District in writing within three (3) business days of the award if the bidder requires additional copies of the Official Statement to comply with applicable regulations. The cost for such additional copies will be paid by the successful bidder requesting such copies. The successful bidder shall be required to supply to the District the necessary pricing information and any underwriter identification determined by the District to be necessary for the Official Statement within forty-eight (48) hours after the award of the Bonds.
Further information with respect to the Bonds may be obtained from the Business Manager of the Holly Springs School District, 840 Highway 178 East, Holly Springs, Mississippi, Telephone: 662-252-2183.
By order of the Board of Trustees of the Holly Springs School District, Holly Springs, Mississippi, on June 11, 2013.
/s/ Ray Von Autry
Secretary, Board of Trustees,
Holly Springs School District
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
TRUSTEE’S LAND SALE NOTICE
On May 19, 2009, DENISE L. MABON, executed a Purchase Money Deed of Trust, recorded in Marshall County, Holly Springs, Mississippi land records, as instrument number 2009004282, conveying hereinafter described land to Lynda M. Davis, Trustee, securing their note to Landman, Inc., a Mississippi Corporation, Oliver M. Burch, President.
Debtor defaulted and legal holder accelerated the note and requested foreclosure.
As Trustee, in lawful hours, at the South door of Marshall County, Mississippi Courthouse on July 31, 2013, I will sell to highest cash bidder at public outcry the following land in Marshall County, Mississippi.
Done this the 28th day of June, 2013.
LYNDA M. DAVIS
P.O. Drawer 848
Holly Springs, MS 38635
Publish July 4, 11, 18 & 25, 2013
NOTICE OF SALE
WHEREAS, on October 23, 1997 Dixie D. Hull (UNMARRIED) executed a certain Deed of Trust to Larry E. Peacock, Trustee for Patrick Home Center Inc., beneficiary, which Deed of Trust was recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 228 at Page 668; and,
WHEREAS, subject deed of trust was assigned to Green Tree Servicing Corporation by virtue of a Deed of Trust Assignment recorded in the office of the Chancery Clerk of said County in Book 53 at Page 228; and,
WHEREAS, subject deed of trust was assigned to U.S. Bank, N.A. as trustee on behalf of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1997-8 by virtue of an Assignment of Deed of Trust recorded in the Office of the Chancery Clerk of said County by Instrument No. 2012002649; and,
WHEREAS, Green Tree Servicing LLC successor in interest to Green Tree Financial Servicing Corporation and servicing agent for U.S. Bank, N.A. as trustee on behalf of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1997-8 the present owner of the indebtedness and holder of the above described Deed of Trust, appointed Jeff D. Rawlings in the place and stead of Larry E. Peacock or any subsequently appointed substituted trustee, said Substitution of Trustee being recorded in the office of the Chancery Clerk of said County by Instrument No. 2012003048; 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, Green Tree Servicing LLC, the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expenses of sale.
NOW, THEREFORE, I, Jeff D. Rawlings, Substituted Trustee in said Deed of Trust, will on the 26th day of July, 2013, 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 Marshall County Courthouse, located at 128 East Van Dorn Avenue, Holly Springs, Mississippi to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit:
Part of the Northwest Quarter of the Southeast Quarter, Section 10, Township 2 South, Range 4 West, Marshall County, Mississippi, more particulary described as follows, to-wit:
Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence South 86 degrees 10 minutes 52 seconds West a distance of 275.79 feet to a point; thence South 86 degrees 10 minutes 52 seconds West a distance of 231.00 feet to a point; thence South 06 degrees 52 minutes 03 seconds East a distance of 291.00 feet to a cedar post at the point of beginning; thence North 83 degrees 07 minutes 57 seconds East a distance of 136.00 feet to a point; thence South 17 degrees 16 minutes 38 seconds East a distance of 222.00 feet to a point; thence North 15 degrees 30 minutes 00 seconds West a distance of 84.00 feet to a point; thence North 22 degrees 00 minutes 00 seconds East a distance of 139.75 feet (called 140’) to the point of beginning and containing one (1) acre.
At the centerline of a 50 foot wide perpetual, non-exclusive easement for ingress and egress located in the Northwest Quarter of the Southeast Quarter, Section 10, Township 2 South, Range 4 West, Marshall County, Mississippi, more particularly described as follows, to wit:
Commencing at the Northeast corner of said Northwest Quarter Southeast Quarter; thence South 86 degrees 10 minutes 52 seconds West a distance of 275.79 feet to a point; thence 01 degrees 29 minutes 29 seconds East a distance of 50.54 feet to a point of beginning, said point begin on the South side of Mt. Zion Road and 25 feet West of property fence line; thence South 01degrees 29 minutes 29 seconds East, parallel to and 25 feet West of said fence, a distance of 233.24 feet to the point of termination of the herewith described easement at a point in the North line of the Bull property recorded in Deed Book 269, page 477 of the Chancery records of said County.
INCLUDING THE FOLLOWING MANUFACTURED HOME:
1998 Fleetwood Serial No. MSFLV25A/B39700-OG12
I WILL CONVEY only such title as is vested in me as Substituted Trustee.
WITNESS MY SIGNATURE, this the 25th day of June 2013
Jeff D. Rawlings, Substituted Trustee for
Green Tree Servicing, LLC
Dates of Publication: July 4, 11, 18, 25, 2013
Rawlings & MacInnis
P.O. Box 1789
Madison, MS 39130
STATE OF MISSISSIPPI
COUNTY OF MARSHALL
SUBSTITUTE TRUSTEE’S NOTICE OF SALE
WHEREAS, on July 28, 2008, CONNIE MELINDA ANDERSON and JAMES MATTHEW ANDERSON executed a Deed of Trust to Gerald R. McLemore, TRUSTEE for VANDERBILT MORTGAGE AND FINANCE, INC., Beneficiary, which Deed of Trust is recorded in Instrument# 2008004311 in the Office of the Chancery Clerk of Marshall County, Mississippi; and
WHEREAS, VANDERBILT MORTGAGE AND FINANCE, INC., the holder of said Deed of Trust and the note secured thereby, substituted LORI M. CREEL, as Trustee therein, as authorized by the terms thereof, by instrument dated May 31, 2013, and recorded June 14, 2013 in said Office in Instrument #2013002577; and
WHEREAS, default having been made in the terms and conditions of said Deed of Trust, and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Deed of Trust, and the legal holder of said indebtedness, VANDERBILT MORTGAGE AND FINANCE, INC., having requested the undersigned Substitute Trustee to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder, together with attorney’s fees, substitute trustee’s fees and expenses of sale;
NOW, THEREFORE, I, LORI M. CREEL, Substitute Trustee in said Deed of Trust will, on the 1st day of August, 2013, offer for sale at public outcry for cash to the highest bidder, and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) at the South door of the Courthouse at Holly Springs, Marshall County, Mississippi, the following described property situated in the County of Marshall, State of Mississippi, to-wit:
This being the same property conveyed to Connie Melinda Anderson and James Matthew Anderson, as joint tenants with full rights of survivorship and not as tenants in common, from Patsy Ann Perkins, by deed dated June 2, 2008, recorded June 2, 2008, in Instrument No. 2008003177, recorded in the Office of the Chancery Clerk of Marshall County, Mississippi.
ALSO: One (1) 2008 Clayton manufactured home, Serial No. CS2009551TNAB.
Said property shall be sold as is, where is. I will convey only such title as is vested in me as Substitute Trustee. The full purchase price must be paid in cash or by certified funds at the time of sale.
s/ Lori M. Creel
LORI M. CREEL,
To be published on July 4, July 11, July 18, and July 25, 2013.
Lori M. Creel (MS# 104145)
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