Thursday, October 2, 2014
The following vehicles will be sold at public auction at Yarbrough Wrecker Service, located at 86 Coke Rd., Byhalia, MS 38611, on October 13, 2014, at 9 a.m.
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN RE: THE MATTER OF THE ESTATE OF
FRED WALTON, DECEASED INTESTATE
VS. CAUSE NO. 2014-0434W
UNKNOWN HEIRS AT LAW
OF FRED WALTON AND THE UNKNOWN HEIRS AT LAW OF EMMA JEAN NEWSOM
RULE 81 SUMMONS
(SUMMONS BY PUBLICATION)
THE STATE OF MISSISSIPPI
TO: The unknown heirs, executors, administrators, devisees, legatees, or statutory beneficiaries of FRED WALTON, deceased, and any and all person claiming or having a legal or equitable interest in the Estate of FRED WALTON, deceased.
The unknown heirs, executors, administrators, devisees, legatees, or statutory beneficiaries of ERMA JEAN NEWSON, deceased,
You have been made a Respondent in the Petition filed in the Court by LAWRENCE WALTON to determine heirs at law of FRED WALTON, deceased.
Respondents other than you in this action are: None.
You are summoned to appear and defend against the Complaint or Petition filed against you in this action at 9:30 o’clock a.m., on the 14th day of November, 2014, in Courtroom B of the Marshall County Courthouse in Holly Springs, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the Complaint or Petition.
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 22nd day of September, 2014..
C.W. “CHUCK” THOMAS
Chancery Clerk of
Marshall County, Mississippi
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE
OF DONAL WAYNE MORROW, DECEASED
CAUSE NO.: 2014-0557 A
NOTICE TO CREDITORS
Letters of Administration were granted to the undersigned on the Estate of Donal Wayne Morrow, Deceased, by the Chancery Court of Marshall County, Mississippi, on the 12th day of September, 2014, and 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 within ninety (90) days from the date this notice is first published, or they will be forever barred.
WITNESS MY SIGNATURE this 15th day of September, 2014.
/s/ Phyllis A. Freeman
PHYLLIS A. FREEMAN,
Administratrix of the Estate of
Donal Wayne Morrow, Deceased
Jones Walker LLP
P.O. Box 1456
Olive Branch, MS 38654
Solicitors for the Estate of
Donal Wayne Morrow
FORM 1C. SUMMONS BY PUBLICATION
IN THE CHANCERY COURT OF
MARSHALL COUNTY, MISSISSIPPI
FRED B. JOHNSON PLAINTIFF
VS CIVIL ACTION NO. 2014-0495-A
APRIL R. JOHNSON DEFENDANT
THE STATE OF MISSISSIPPI
To: April R. Johnson
You have been made a Defendant in the suit filed in this Court by Fred B. Johnson, Plaintiff(s), seeking a divorce.
You are required to mail or hand-deliver a written response to the Complaint filed against you in this action to Melissa Harrison, the Attorney for the Plaintiff(s), whose post office address is P.O. Box 468, Ripley,MS 38663 and whose street address is 116 East Jefferson St., Ripley, MS 38663.
Your response must be mailed or delivered no later than Thirty (30) days after the 2nd day of October, 2014, which is the date of the first publication of this summons. If your response is not mailed or delivered, a judgment by default will be entered against you for the money or other things demanded in the complaint.
You must also file the original of your response with the Clerk of the Court within a reasonable time afterward.
Issue under my hand the the seal of said Court, this 18th day of September, 2014.
C.W. “Chuck”Thomas, Chancery Clerk
By Marshall Powell, D.C.
Substitute Trustee’s Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF Marshall
WHEREAS, on the 6th day of April, 2007, and acknowledged on the 6th day of April, 2007, Thelma Lucille Jenkins, executed and delivered a certain Deed of Trust unto Recon Trust Co., Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., 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 437 at Page 211; and
WHEREAS, on the 8th day of August, 2011, Mortgage Electronic Registration Systems, Inc., assigned said Deed of Trust unto The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-backed Certificates, Series 2007-8, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument# 2011003178; and
WHEREAS, on the 6th day of September, 2014, the Holder of said Deed of Trust substituted and appointed Michael Jedynak by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument# 2014003946; 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 23rd day of October, 2014, 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:
The following described real estate located and situated in Marshall County, Mississippi, to wit:
Lot No. 5 in the Ash Subdivision, Holly Springs, Marshall County, Mississippi, as shown by plat book no. 3, page 26 in the Office of the Chancery Clerk of Marshall County, Mississippi. Said plat now being reindexed as plat file 139 A and B.
Lot No. 6 of Ash Subdivision being in Section 32, Township 3, Range 2 as shown on plat filed in the Chancery Clerk’s Office of Marshall County in Plat Book 3, at Page 26. Said plat now being reindexed as plat file 139 A and B.
Lot No. 4 of the Ash Subdivision, in the Northwest Quarter, Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi, according to the plat of said subdivision recorded in Plat Book 3 at Page 26 in the Office of the Chancery Clerk of Marshall County, Mississippi, more particularly described as: commencing at the Southwest Corner of Section 32, Township 3 South, Range 2 West, Marshall County, Mississippi; run thence North 6 degrees 10 minutes West 2.725 feet to a point; thence North 85 Degrees East 930 feet to a point; thence North 4 degrees 28 minutes West 394.5 feet to the Point of Beginning, for this survey; run thence North 85 degrees East 100 feet to a point on the West Boundary of a Street; thence North 4 degrees 28 minutes West 80 feet to a point; thence South 85 degrees West 100 feet to a point; thence South 4 degrees 28 minutes East 80 feet to the Point of Beginning.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this 24th day of September, 2014.
855 S Pear Orchard Rd., Ste. 404, Bldg. 400
Ridgeland, MS 39157
PUBLISH: 10.2.14 / 10.9.14 / 10.16.14
Notice of Public Sale
The following units will be auctioned at Barton/Byhalia Ministorage, 3442 Hwy 309 N., Byhalia MS 38611, 39 Fuller St., Byhalia, MS 38611 on October 11, 2014 at 9:00 a.m.
All will be for cash only to the highest bidder. Successful bidders shall remove all contents from the premises within 48 hours of sale and broom sweep clean the unit.
Barton/Byhalia Mini Storage reserves the right to reject any bid and to withdraw any items from the sale. Tenant has until 5:00 p.m. on October 10, 2014 to pay their outstanding balance plus a sale fee and remove the contents from the premises at the time of payment.
This sale is being conducted to satisfy a Landlord’s Lien.
Christy Kee, Sonja Hester, Deborah Matthews, Pier Benson, Shenika Norman, Elva R. Gause, David B. Taylor, Kendrick Davis, Brad McCaskill.
NOTICE OF BOND SALE
PUBLIC IMPROVEMENT BONDS
SERIES 2014 OF THE
TOWN OF BYHALIA, MISSISSIPPI
NOTICE IS HEREBY GIVEN that the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi (the "Governing Body" of the "Municipality") will receive sealed bids for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of Two Hundred Fifty Thousand Dollars ($250,000) General Obligation Public Improvement Bonds, Series 2014, of the Municipality (the “Bonds”) on October 21, 2014 until the hour of 4:00 o’clock p.m., and such bids should be delivered to the Town Clerk at her office in the Town Hall of the Municipality. The Town Clerk will act on behalf of the Governing Body to receive bids at the aforesaid date, time and place. Immediately following said time on said date, said bids will be publicly opened and read.
THE BONDS: The Bonds will be dated and bear interest from the date of delivery thereof; will be delivered in definitive form as registered bonds; will be in the denomination of each maturity; will be numbered from one (1) upward in the order of issuance; will be payable as to principal at a bank or trust company to be named by the Governing Body in the manner hereinafter provided; and will bear interest from the date thereof, payable on November 1, 2015, and semiannually thereafter on May 1 and November 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, with option of prior payment, on November 1 in each of the years and amounts as follows:
AUTHORITY AND SECURITY: The Bonds will be issued pursuant to the provisions of Sections 21-33-301 through 21-33-329, Mississippi Code of 1972 (the "Act"), and shall be general obligations of the Municipality payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct and continuing tax to be levied annually without limitation as to rate or amount upon the taxable property within the geographical limits of the Municipality. To the extent other moneys are not available, the Municipality will levy annually a direct and continuing tax upon all taxable property within the geographical limits of the Municipality, which tax, together with any other moneys available for such purpose, shall be adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same falls due.
PURPOSE: The Bonds are being issued to provide funds for the purpose of erecting municipal buildings, purchasing buildings and land therefor, and repairing, improving, adorning and equipping the same.
FORM OF BIDS: Bids should be addressed to the Mayor and Board of Aldermen and should be plainly marked "Bid for General Obligation Public Improvement Bonds, Series 2014, of the Town of Byhalia, Mississippi," and should be filed with the Town Clerk of the Municipality on or prior to the date and hour hereinabove named. All bids should be submitted substantially in the form prepared by the Municipality. A copy of the Preliminary Official Statement and the bid form may be obtained from Lezlin K Walker at Jones Walker L.L.P., Jackson, Mississippi Bond Counsel, telephone (601) 949-4799 or email email@example.com.
INTEREST RATE AND BID RESTRICTIONS: 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 DEPOSIT: Each bid must be accompanied by a cashier's check, certified check, or exchange, issued or certified by a bank located in the State of Mississippi, payable to the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi, in the amount of Five Thousand Dollars ($5,000) 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. 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 Municipality as liquidated damages for such failure. No interest will be allowed on the amount of the good faith deposit.
AWARD OF BONDS: The award, if any, 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 Municipality, 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 (6) 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 Governing Body within said period of time.
RIGHT OF REJECTION, CANCELLATION: The Governing Body 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 shall have the right, at its option, to cancel its agreement to purchase the Bonds if the Bonds are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the Governing Body shall return to said bidder its good faith deposit. The Governing Body shall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) days after the tender of the Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Bonds, and in such event the Governing Body shall retain the successful bidder's good faith deposit as liquidated damages as hereinabove provided.
PAYING AGENT, TRANSFER AGENT, AND REGISTRAR: It is anticipated that the successful bidder will serve as paying agent (the "Paying Agent") for the Bonds without additional charge. If the successful bidder does not wish to serve as Paying Agent then the Clerk shall serve as Paying Agent. The Paying Agent shall be subject to change by order of the Governing Body under the conditions and in the manner provided in the Bond Resolution under which the Bonds are issued.
CUSIP NUMBERS: CUSIP numbers will be printed on the Bonds only if requested by the purchaser of the Bonds. In such case 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 Jones Walker L.L.P., Jackson, Mississippi, Bond Counsel. In the opinion of Jones Walker L.L.P., Jackson, Mississippi, interest on the Bonds is exempt from federal and Mississippi income taxes under existing laws, regulations, rulings and judicial decisions with such exceptions as shall be described in the Official Statement for the Bonds. A copy of the opinion of Bond Counsel, together with the usual closing papers, 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 Municipality will pay for all legal fees and will pay for the printing and validation of the Bonds.
BONDS AS QUALIFIED TAX-EXEMPT OBLIGATIONS: The Municipality has designated the Bonds as qualified tax-exempt obligations within the meaning and for purposes of Section 265(b)(3) of the Code.
By order of the Mayor and Board of Aldermen of the Town of Byhalia, Mississippi, on September 23, 2014.
/s/ Teresa Turner
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 February 3, 2009 executed by Francisco Alvarado and Stephanie Alvarado unto William F. Schneller, as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record as Instrument No. 2009000937;
Deed of Trust dated May 3, 2012 executed by Francisco Alvarado and Stephanie Alvarado unto William F. Schneller, as Trustee, to secure an indebtedness therein described to Merchants and Farmers Bank, said Deed of Trust being of record as Instrument No. 2012002365; 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, October 24, 2014 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:
Lot 21 of Holly Springs Lake Estates Subdivision in Section 36, Township 4 South, Range 2 West, Marshall County, Mississippi, a plat of which was originally recorded in Plat Book 2 page 26, 27 and 29 and is now reindexed as Plat Files 72A&B, 73A&B, 74A&B, 76A&B, 77A&B and 78A&B, all of the records of the office of the Clerk of the Chancery Court of Marshall County, Mississippi.
Together with the right in common with other owners of lots in said subdivision to use for all usual purposes the street, ways, beaches, recreation areas and all other public areas as shown on the said plat and the right in common with the other owners of lots in said subdivision to use the lake and beaches for swimming, fishing and boating.
WITNESS MY SIGNATURE on this the 24th day of September, 2014.
William F. Schneller, Trustee
Publishing Dates: Oct. 2, 9, 16, 23, 2014
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Fax: (662) 252-3388
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