Public Notice July 13, 2017

kmcferrin

SUBSTITUTED TRUSTEE’S NOTICE OF SALE
WHEREAS, by deed of trust dated February 24, 2010, and recorded in the Second Judicial District of Tallahatchie County, Mississippi, Chancery Clerk’s office, in Book 357, at Page 635, of the Records of Mortgages and Deeds of Trust on Land in said county and state, Bobby Lee Fields, did grant and convey unto Larry O. Lewis, Attorney as Trustee for Citizens Bank & Trust Co., Marks, MS, Beneficiary, the property therein described, to secure the promissory note therein referred to, and
The undersigned having been duly appointed Substitute Trustee in the place and stead of Larry O. Lewis, Attorney, Trustee in said Deed of Trust, by instrument dated June 8, 2017, and recorded in Book 2, Page 300, of the Records of Mortgages and Deeds of Trust on Land in Second Judicial District of Tallahatchie County County, Mississippi, and said Substitution of Trustee having been actually spread at large upon the said records before the publishing of the foreclosure notice; and
WHEREAS, default having been made in the payment of the indebtedness secured by said Deed of Trust, and the entire balance having been declared due and payable, and having been requested by the owner of said indebtedness and Deed of Trust so to do, I, , Substituted Trustee, will, on July 18, 2017, between the hours of 11:00 a.m. and 4:00 p.m., being the legal hours of sale, offer for sale public auction for cash to the highest and best bidder at the South door of the Tallahatchie County Courthouse in the City of Sumner, Second Judicial District of Tallahatchie County County, Mississippi, the following described property located and situated in Second Judicial District of Tallahatchie County County, Mississippi, being the same property described in said Deed of Trust, to-wit:
Lot Four (4) Block One (1) Dean Addition to the Town of Sumner, in the Second Judicial District of Tallahatchie County State of Mississippi as shown by map of said addition of record in the office of the Chancery Clerk of Sumner, Mississippi.
The sale of said property will be subject to all taxes which are a lien on the said property, to any state of facts an accurate survey of said premises would reveal, and to all recorded restrictions, rights of way and easements for public roads and public utilities, and to any prior conveyances or reservation of mineral interests of every kind and character, including, but not limited to, oil, gas, sand and gravel in or under subject property.
With the said exceptions, the title to the above described property is believed to be good, but as Trustee, I will convey only such title as is vested in me as Substituted Trustee.
June 20, 2017
/s/  ROBERT M. TYNER, JR.                                            
ROBERT M. TYNER, JR., SUBSTITUTED TRUSTEE
Prepared by:
Robert M. Tyner, Jr.
Mississippi Bar No. 99253
Luckett Tyner Law Firm
Post Office Drawer 1000
Clarksdale, Mississippi 38614
662-624-2591
(6-22, 29, 7-6, 13)


IN THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT OF TALLAHATCHIE COUNTY, MISSISSIPPI
In the Matter of the Estate of Bernard S. Kantor, Deceased
Cause No. 194-650
Notice to Creditors of Bernard S. Kantor, Deceased
Letters Testamentary having been granted ont he 26th day of June, 2017, by the Chancery Court of the First Judicial District of Tallahatchie County, Mississippi, to the undersigned, upon hte Estate of Bernard S. Kantor, Deceased, notice is hereby given to all persons or firms having claim or claims against the estate to present same to the Clerk of said Court for probate and registration according to the law of the State of Mississippi, within 90 days from this date or they will be barred.
This the 26th day of June 2017.
Floyd Jerome Shankerman, Successor Executor
Thomas U. Reynolds, Attorney at Law
Mississippi Bar No. 5307
P.O. Drawer 280
Charleston, MS 38921
Phone: 662-647-3203
Fax: 662-647-2811
(6-29, 7-6, 13)


NOTICE TO CREDITORS
Letters Testamentary having been granted on the 14th day of June, 2013, by the Chancery Court of the Second Judicial District  of Tallahatchie County, Mississippi, in Cause nO. 2013-23-2, to Lesley Fultz Glasper upon the estate of L.J. Fultz, Sr., deceased, notice is hereby given to all persons having claims against said estate to present same to the Clerk of said Court for probate and registration according to law within ninety (90) days from the date of the first publication of this notice, or they will be forever barred.
This the 26th day of June, 2017.
Lesley Fultz Glasper, Executrix  of the Estate of L.J. Fultz, Sr., Deceased
(7-6, 13, 20)


LEGAL NOTICE
Notice is hereby given that the board of Supervisors of Tallahatchie County, Mississippi adopted a resolution on the 5th day of July, 2017, setting a public hearing upon the Tallahatchie District Fire Protection Grading District to be held in the Courthouse of the Second Judicial District of Tallahatchie County, Mississippi in Sumner, Mississippi on Monday the 14th day of August, 2017 at 6:00 o’clock p. m.
The proposed boundaries of the TALLAHATCHIE DISTRICT FIRE PROTECTION GRADING DISTRICT GRADING DISTRICT are more particularly described as follows, to-wit:
Beginning at the S/W corner of Section 20, Township 24 North, Range 1 East, Second Judicial District of Tallahatchie County; then run North approximately ½ mile to the west ¼ point of Section 20; then run East for approximately 2 miles to McQuirter Bayou; then run northerly along McQuirter Bayou for approximately 3½ miles; then run East along a line parallel to and approximately 1800 feet south of the north line of Section 3 for approximately 4200 feet to the north-south center line of Section 2; then run South for approximately 9000 feet to the south ¼ point of Section 11; then run East for approximately 1 mile to the north ¼ point of Section 13; then run South for approximately 4 miles to the south ¼ point of Section 36; then run East for approximately ½ mile to the S/E corner of Section 36; then run North for approximately 1 mile to the N/W corner of Section 31, Township 24 North, Range 2 East; then run East for approximately 1 mile to the N/E corner of Section 31; then run North for approximately 2 ½ miles to the west ¼ point of Section 17; then run East for approximately 1 mile to the east ¼ point of Section17; then run North for approximately 1½ mile to the N/W corner of Section 9; then run East for approximately 1 mile to the N/E corner of Section 9; then run North for approximately 2 miles to the N/W corner of Section 34, Township 25 North, Range 2 East; then run northwesterly for approximately 7500 feet to the N/W of Section 28; then run West for approximately 1 mile to the S/W corner of Section 20; then run North for approximately ½ mile to the east ¼ point of Section 19; then run West for approximately 9100 feet to Levee Road; then run westerly along Levee Road for approximately 7000 feet to the west line of Section 23, Township 25 North, Range 1 East; then run North for approximately 3500 feet to the N/W corner of Section 23; then run East for approximately 2 miles to the N/E corner of Section 24; then run North for approximately 3 miles to the N/W corner of Section 6, Township 25 North, Range 2 East; then run East for approximately 1 mile to the N/E corner of Section 6; then run South for approximately 1 mile to the S/E corner of Section 6; then run East for approximately 2 miles to the N/E corner of Section 9; then run North for approximately ½ mile to Mississippi Highway 35; then run northerly along Mississippi Highway 35 for approximately 6½ miles to the north line of Tallahatchie County; then run Easterly along the Tallahatchie County line for approximately 9¼ miles to the N/E corner of Section 4, Township 11 South, Range 7 West; then run South along the east line of Tallahatchie County for approximately 23 miles to the S/E corner of Section 25, Township 23 North, Range 3 East; then run West for approximately 3 miles to the S/E corner of Section 28; then run South for approximately 1 mile to the S/E corner of Section 33; then run West for approximately 3 miles to the S/W corner of Section 31; then run North for approximately 3 miles to the N/W corner of Section 19; then run West for approximately 2 miles to the N/W of Section 23, Township 23 North, Range 2 East; then run northwesterly for approximately 3 miles to the N/W corner of Section 9; then run West for approximately 1 mile to the N/W corner of Section 8; then run South for approximately 1 mile to the S/E corner of Section 7; then run West for approximately 1 mile to the N/W corner of Section 18; then run South for approximately for 1 mile to the S/W corner of Section 18; then run West for approximately 1 mile to the N/E corner of Section 23, Township 23 North, Range 1 East; then run South for approximately ½ mile to the east ¼ point of Section 23; then run West for approximately ½  mile to the east ¼ point of Section 23; the run West for approximately 2 miles to the west ¼ point of Section 22; then run North for approximately  6000 feet; then run West for approximately 2¾ miles; then run South for approximately 1¾ miles to the south line of Section 19; then run West for approximately 1¼ miles to the N/E corner of Section 26, Township 23 North, Range 1 West; then run South for approximately ¾ mile along the east section line of Section 26; then run West for approximately 2 ½ miles to the north-south center line of Section 28; then run North for approximately 4¾ miles to the north ¼ point of Section 4; then run East for approximately 7400 feet to the Tallahatchie River; then run northeasterly along the Tallahatchie River for approximately 2 miles; then East along a line parallel to and 3000 feet north of the south line of Section 25, Township 24 North, Range 1 West for approximately 6100 feet to the north-south center line of Section 30; then run North for approximately ½ mile to the north ¼ point of Section 30; then run East for approximately ½ mile to the POINT OF BEGINNING.
Published by Order of this Board of Supervisors dated the 5th day of July, 2017.
ANITA MULLEN GREENWOOD, CHANCERY CLERK OF TALLAHATCHIE COUNTY, MS
(7-6, 13, 20)


NOTICE OF BOND SALE
$2,600,000
TOWN OF TUTWILER, MISSISSIPPI
GENERAL OBLIGATION BONDS
SERIES 2017
Sealed proposals will be received by the Town Clerk of the Town of Tutwiler, Mississippi (the “Town”), in her office in the Town Hall until the hour of 5:00 o'clock p.m. on the 8th day of August, 2017 (for subsequent presentation to the Mayor and Board of Aldermen of the Town of Tutwiler, Mississippi (the “Governing Body”), in its meeting place in the Town Hall in the Town at a meeting scheduled for 6:00 o'clock p.m. on said date) at which time said bids will be publicly 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 Two Million Six Hundred Thousand Dollars ($2,600,000) principal amount Town of Tutwiler, Mississippi General Obligation Bonds, Series 2017 (the “Bonds”).
The Bonds will be dated the date of delivery thereof, will be delivered in denominations of One Thousand Dollars ($1,000) each, or integral multiples thereof up to the amount of a single maturity, will be numbered from one upward; will be issued in fully registered form; and will bear interest from the date thereof at the rate or rates offered by the successful bidder in its bid, payable on February 1 and August 1 in each year (each an “Interest Payment Date”), commencing February 1, 2018.  The Bonds will mature serially on August 1 in each year and in the principal amounts as follows:
YEAR AMOUNT
2018 $ 206,000
2019 $ 219,000
2020 $ 229,000
2021 $ 240,000
2022 $ 251,000
2023 $ 263,000
2024 $ 276,000
2025 $ 290,000
2026 $ 305,000
2027 $ 321,000
The Bonds are subject to redemption prior to their stated dates of maturity, at par, plus accrued interest to the date of redemption, either in whole or in part, at any time.
The Bonds are being issued pursuant to the provisions of Sections 21-33-301 et seq., Mississippi Code of 1972, as amended and supplemented, and a resolution adopted by the Governing Body on July 3, 2017 (the “Bond Resolution”), to raise money for the purpose of (a) erecting municipal buildings, armories, auditoriums, community centers, gymnasiums and athletic stadiums, preparing and equipping athletic fields, and purchasing buildings or land therefor, and for repairing, improving, adorning and equipping the same, and for erecting, equipping and furnishing of buildings to be used as a municipal or civic arts center; (b) constructing, improving or paving streets, sidewalks, driveways, parkways, walkways or public parking facilities, and purchasing land therefor; (c) purchasing land for parks, and public playgrounds, and improving, equipping and adorning the same, including the constructing, repairing and equipping of swimming pools and other recreational facilities; and (d) paying for the costs of issuing the Bonds.
The Bonds will be general obligations of the Town secured by the full faith, credit and resources of the Town and will continue to be 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 time, rate, or amount upon all the taxable property within the geographical limits of the Town.  The Town will levy annually a special tax upon all taxable property within the geographical limits of the Town adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same falls due.
The Town will appoint the Paying and Transfer Agent for the Bonds after receiving the recommendation of the successful bidder.  The Paying and Transfer Agent shall be a bank or trust company with a main office or branch located within the State of Mississippi.  The Paying Agent and/or Transfer 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.
The successful bidder must deliver to the Transfer Agent within thirty (30) days of the date of sale, or at such other later date as may be designated by the Town, the names and addresses of the Registered Owners of the Bonds and the denominations in which the Bonds of each maturity are to be issued.  If the successful bidder fails to submit such information to the Transfer Agent by the required time, one bond may be issued for each maturity in the full amount maturing on that date registered in the name of the successful bidder.
Both principal of and interest on the Bonds will be payable by check or draft mailed on the Interest Payment Date to Registered Owners of the Bonds as of the 15th day of the month preceding the maturity date for such principal or interest payment at the addresses appearing in the registration records of the Town maintained by the Transfer Agent.  Payment of principal at maturity shall be conditioned on the presentation and surrender of the Bonds at the principal office of the Transfer Agent.
The Bonds will be transferable only upon the records of the Town maintained by the Transfer Agent.
The Bonds shall not bear a greater overall maximum interest rate to maturity than eleven percent (11%) per annum, and shall mature in the amounts and on the dates hereinabove set forth; no 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 or rates specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from date to maturity.  The lowest interest rate specified shall not be less than seventy percent (70%) of the highest interest rate specified; each interest rate specified must be an even multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate cannot be named.  The interest rate for any one maturity shall not exceed eleven percent (11%) per annum.
The Town will designate the Bonds as qualified tax-exempt obligations within the meaning and for the purposes of Section 265(b)(3) of the Code.
Proposals should be addressed to the Mayor and Board of Aldermen and should be plainly marked “Proposal for $2,600,000 Town of Tutwiler, Mississippi General Obligation Bonds, Series 2017”, and should be filed with the Clerk of the Town on or prior to the date and hour hereinabove named.
Each bid must be accompanied by a cashier's check, certified check, or exchange, issued or certified by a bank located in the State of Mississippi, payable to the Town of Tutwiler, Mississippi, in the amount of Fifty-Two Thousand Dollars ($52,000.00) as a guaranty that the bidder will carry out its contract and purchase the Bonds if its bid be accepted.  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 Town as liquidated damages for such failure.  No interest will be allowed on the amount of the good faith deposit.  All checks of unsuccessful bidders will be returned immediately on award of the Bonds.  All proposals shall remain firm for three hours after the time specified for the opening of proposals and an award of the Bonds, or rejection of proposals, will be made by the Town within said period of time.
The award, if any, will be made to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest net interest cost to the Town.  The net interest cost will 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 proposal be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the proposal.
The Governing Body reserves the right to reject any and all bids submitted and to waive any irregularity or informality.
The obligation of the purchaser to purchase and pay for the Bonds is conditioned on the delivery, at the time of settlement of the Bonds, of the following: (1) the approving legal opinion of Butler Snow LLP, Ridgeland, Mississippi, Bond Counsel, to the effect that the Bonds constitute valid and legally binding obligations of the Town payable from and secured by an irrevocable pledge of the avails of a direct and continuing tax to be levied annually without limitation as to time, rate or amount upon all of the taxable property within the geographical limits of the Town and to the effect that the interest on the Bonds is excludable from gross income of the holder thereof for federal income tax purposes and 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; and (2) the delivery of certificates in form and tenor satisfactory to Bond Counsel evidencing the proper execution and delivery of the Bonds and receipt of payment therefor, including a statement of the Town, dated as of the date of such delivery, to the effect that there is no litigation pending or, to the knowledge of the signer or signers thereof, threatened relating to the issuance, sale and delivery of the Bonds.  A copy of said approving legal opinion will accompany the Bonds.
Delivery of the Bonds is expected to be made within sixty (60) days after the aforesaid date of sale of the Bonds at a place to be designated by the purchaser and without cost to the purchaser.  Simultaneously with the delivery of the Bonds, the purchaser shall furnish to the Town a certificate, in form acceptable to Bond Counsel, stating that: (i) it purchased the Bonds as an investment for its own account and not with a view toward distribution or resale in the capacity of a bond house, broker, or intermediary; or (ii) pursuant to a bona fide public offering of all of the Bonds, it sold a substantial amount (ten percent (10%), or more, in par amount) of each maturity of the Bonds to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at or below the initial public offering prices set forth in such certificate.  The purchaser shall also furnish a certificate, in form acceptable to Bond Counsel, setting forth the yield on the Bonds and issue price thereof, calculated in accordance with the requirements of the Code.
It is anticipated that CUSIP identification numbers will not be printed on the Bonds unless specifically requested 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 Town; the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the purchaser.
The Bonds are being sold through a competitive sale and not a public offering to a purchaser without a view for distributing the Bonds.  The purchaser of the Bonds shall be required to execute a certification at closing to the effect that the Bonds are being purchased for the account of the purchaser without the intent to distribute.  As such, the issuance of the Bonds in this matter is not a primary offering of municipal securities, and as such, 17 CFR § 240.15c2-12 does not apply.
By order of the Mayor and Board of Aldermen of the Town of Tutwiler, Mississippi, on July 3, 2017.
TOWN OF TUTWILER, MISSISSIPPI
By   /s/Alma Harris
Town Clerk
(7-6, 13)


AN ORDINANCE AMENDING PREVIOUS ORDINANCE TO ALLOW THE SALE OR CONSUMPTION OF BEER, MALT OR ALE AS DESCRIBED IN MISSISSIPPI CODE OF 1972 ANNOTATED, SECTION 69-3-1, AS AMENDED, BETWEEN THE HOURS OF ONE (1:00) O’CLOCK  P. M AND ELEVEN (11:00) P. M. ON SUNDAYS
BE IT ORDAINED THAT THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF CHARLESTON, MISSISSIPPI
SECTION 1. This ordinance is adopted in order to promote the common good and the general welfare of the businesses and the citizens of the City of Charleston.
SECTION 2. "BEER, MALT, ALE" shall be defined as described in Mississippi Code of 1972 annotated, Section 69-3-1, as amended.
SECTION 3. The Board has considered the previous Ordinance dated May 2, 2002 prohibiting the sale of beer, malt and/or ale on Sundays and finds that said Ordinance does not necessarily promote the businesses and the common welfare of the people of Charleston.
SECTION 4. It shall be unlawful for any holder of a permit authorizing the sale, give away and/or or dispense any beer, malt or ale on Sunday except during the hours between 1:00 P. M. and 11:00 P. M. The days of Monday through Saturday all allowed hours of the sale of beer, malt and/or ale shall remain as allowed by the State statute which allows said sale between the hours of 7:00 A. M. and 12:00 Midnight.
SECTION 5. It shall be unlawful for the holder of a permit authorizing the sale of beer, malt or ale to be sold, possessed, or consumed or to have any opened containers of beer, malt or ale on Sunday except during the hours between 1:00 P. M. and 11:00 P. M.
SECTION 6. Any person violating this Ordinance, shall, upon conviction, be guilty of a misdemeanor and fined $250.00. In the event of a second violation of this Ordinance (within five years) shall be fined $500.00. Any person violating any of the terms and provisions of the Ordinance for the third time (within five years) shall be fined $1000.00 and sentenced to a term of thirty days in the county jail.
SECTION 7. That previous ordinance adopted on May 7, 2002 not allowing any beer, malt or ale to be sold on Sunday is hereby repealed, in its entirety.
SECTION 8. This Ordinance shall be valid thirty days after publication in the Charleston Sun Sentinel Newspaper and a copy shall be made available to any citizen requesting same.
The Motion to adopt this ordinance was made by Commissioner Sandy Frierson and Seconded by Commissioner Gyrone Kenniel.
The Mayor, Sedrick Smith, called for a vote and the voting was as follows:
Commissioner, Ward, Vote
Gyrone Kenniel, 1, yes
Lloyd C. Smith, 2, yes
Towanda Smith Shannon, 3, yes
Sandy Frierson, 4, yes
Commissioner 5 position vacant at this time
Whereupon, the foregoing Ordinance be, and the same, is hereby passed, adopted and approved, this the 6th day of July, 2017.
/s/ Sedrick Smith 
Sedrick Smith, Mayor, City of Charleston, Mississippi
Attest:
/s/ Ana Ealy
Ana Ealy, Municipal Clerk
(7-13)