Public Notice October 19, 2017

kmcferrin

SUBSTITUTE TRUSTEE'S NOTICE OF SALE
WHEREAS, Walter J. Blaylock and Sara S. Blaylock executed a Deed of Trust to Kenneth R. Hall, Trustee for State Bank and Trust Company, Beneficiary, under the date of the 9th day of April, 2010, and filed for record on the 23rd day of April, 2010, recorded in Book 518, at Page 199, in the Chancery Clerk's Office of the First Judicial District of Tallahatchie County, Mississippi, reference to which is hereby made, and;
WHEREAS, on the 1st day of August, 2014, James P. Vance was appointed Substitute Trustee in all prior Deeds of Trust by virtue of that certain instrument recorded on the 4th day of August, 2014, in the Office of the Chancery Clerk of the First Judicial District of Tallahatchie County, State of Mississippi in Substitution of Trustee Book 2 at Page 383.
WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said deed of trust and having been requested to do so by  State Bank and Trust Company, the legal holder of the indebtedness secured and described by said Deed of Trust, notice is hereby given that I, James P. Vance, Substitute Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale and will sell at public sale and outcry to the highest and best bidder for cash, within legal hours (between 11:00 a.m. and 4:00 p.m.)at the East Front Entrance of the Tallahatchie County Courthouse in Charleston, Mississippi, on the 27th day of October, 2017, A.D., the following described land and property, being the same land and property described in the said Deed of Trust situated in the First Judicial District of Tallahatchie County, State of Mississippi, to-wit:
Beginning on the old Charleston-Carrollton Road at a point located 1964.16 feet North and 1556.5 feet East of the Southwest corner of the Northwest Quarter of Section 11, Township 23 North, Range 2 East, First Judicial District, Tallahatchie County, Mississippi; run thence West for 215 feet; thence run South 52.13 feet; thence run South 38°04' East for 233.6 feet; thence run South 39°31' East for 53.6 feet; thence run North 71°31'08" East along a fence in place for 179.33 feet to the said old Charleston-Carrollton Road; thence North 32°18' West along the old Charleston-Carrollton Road a distance of 249.1 feet, more or less to the point of beginning, enclosing 1.25 acres, more or less, in the Northwest Quarter of the said Section 11, together with all improvements thereon.
Title to said property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this the 26th day of September, 2017.
JAMES P. VANCE, Substitute Trustee
Attorney at Law
P.O. Box 159
Grenada, MS 38902-0159
(662) 226-9111
MSB No. 6082
(10-5, 12, 19, 26)


SUBSTITUTE TRUSTEE'S NOTICE OF SALE
WHEREAS, Walter J. Blaylock and Sara S. Blaylock executed a Deed of Trust to Kenneth R. Hall, Trustee for State Bank and Trust Company, Beneficiary, under the date of the 9th day of April, 2010, and filed for record on the 23rd day of April, 2010, recorded in Book 518, at Page 190, in the Chancery Clerk's Office of the First Judicial District of Tallahatchie County, Mississippi, reference to which is hereby made, and;
WHEREAS, on the 1st day of August, 2014, James P. Vance was appointed Substitute Trustee in all prior Deeds of Trust by virtue of that certain instrument recorded on the 4th day of August, 2014, in the Office of the Chancery Clerk of the First Judicial District of Tallahatchie County, State of Mississippi in Substitution of Trustee Book 2 at Page 385.
WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said deed of trust and having been requested to do so by  State Bank and Trust Company, the legal holder of the indebtedness secured and described by said Deed of Trust, notice is hereby given that I, James P. Vance, Substitute Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale and will sell at public sale and outcry to the highest and best bidder for cash, within legal hours (between 11:00 a.m. and 4:00 p.m.)at the East Front Entrance of the Tallahatchie County Courthouse in Charleston, Mississippi, on the 27th day of October, 2017, A.D., the following described land and property, being the same land and property described in the said Deed of Trust situated in the First Judicial District of Tallahatchie County, State of Mississippi, to-wit:
Part of the NW1/4 of the SE1/4 and part of the NE1/4 of the SE1/4 and part of the SW1/4 of the NE1/4 and part of the SE1/4 of the NE1/4 of Section 4, T-26-N, R-3-E, Tallahatchie County, Mississippi, more particularly described as follows:
Beginning at a lot corner in the center of Enid Road, point being located 572.90 feet East and 1743.99 feet North of an iron pin at the SW corner of the NW1/4 of the SE1/4 of said Section 4; proceed thence along the center of said Enid Road as follows: S 45°45'54" E a distance of 50.45 feet; thence S 50°56'08"E a distance of 127.10 feet; thence S 67°29'34" E a distance of 299.69 feet; thence S 78°06'08" E a distance of 382.08 feet; thence S 72°30'17" E a distance of 329.82 feet; thence S 82°55'40" E a distance of 69.44 feet; thence South 79°11'34" E a distance of 163.90 feet to a lot corner; thence S 02°50'01" East away from said road a distance of 31.53 feet to a fence corner located on the southerly right-of-way of said Enid Road; thence S 02°50'01" E a distance of 1260.86 feet to a fence corner; thence South 89°49'36" W a distance of 1966.84 feet to an iron pipe at the SW corner of the NW1/4 of the SE1/4 of said Section 4; thence N 01°18'31" W a distance of 1969.81 feet to an iron pin; thence S 57°00'00" E a distance of 556.87 feet to an iron pipe; thence N 62°39'53" E a distance of 169.82 feet to the Point of Beginning, containing 70.0 acres, more or less.
Subject to all public and private road rights-of-way and public utility easements, recorded and unrecorded.
Also subject to the land use regulations of Tallahatchie County, Mississippi.
Title to said property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this the ____ day of September, 2017.
JAMES P. VANCE, Substitute Trustee
Attorney at Law
P.O. Box 159
Grenada, Ms 38902-0159
(662) 226-9111
MSB No. 6082
Posted: September 27, 2017
(10-5, 12, 19, 26)


IN THE CHANCERY COURT OF TALLAHATCHIE COUNTY, MISSISSIPPI
In the Matter of the Estate of Quebell McClelton, Deceased
Cause NO: 2016-21-2
By: Warren Mitchell, Peitioner
SUMMONS
State of Mississippi
County of Tallahatchie
To: The Unknown Wrongful Death Beneficiaries and Heirs-at-Law of Quebell McClelton, Deceased
The above styled caused was filed in this court by Warren Mitchell, administrator of the Estate of Quebell McClelton, Deceased, seeking to find heirs-at-law and the wrongful death beneficiaries of Quebell McClelton, Deceased.
You are summoned to appear and defend this petition filed by Warren Mitchell in this matter at 9:00 a.m. on the 2nd day of November, 2017, at the Leflore County Chancery Courthouse in Greenwood, Mississippi, and in case of your failure to appear, it will determine that the petitioner herein, Warren Mitchell, Frederick Croft, Shirley Wise, Richard Croft, Melvin Crift, Terrance Croft, Benjy Croft, Nicholas Croft, Robert Gibson, Bennie Gibson, Lorraine Gibson, Gracie Gibson and Henry Mitchell are the wrongful death beneficiaries and heirs-at-law of the decendent.
You are not required to file an answer or other pleading, but you may do so if you so desire.
Issued under my hand and official seal of said court, this the 22nd day of September, 2017.
Chancery Clerk
Tallahatchie County, Mississippi
By: Mary Johnson, D.C.
Prepared by:
George F. Hollowell Jr., MSBN 2559
Post Office Drawer 1407
Greenville, MS 38702-1407
Telephone: 662-378-3103
Facsimile: 662-378-3420
Email: gfh@hollowelllawfirm.com
(10-5, 12, 19)


IN THE CHANCERY COURT OF TALLAHATCHIE COUNTY, MISSISSIPPI
FIRST JUDICIAL DISTRICT
In the Matter of the Last Will and Testament of W.D. Weeks
Cause No.: 2017-39
William Dewayne Weeks, Petitioner
NOTICE TO CREDITORS
Letters of Testamentary having been granted on the 5 day of October 2017, by the Chancery Court of Tallahatchie County, Mississippi, to the undersigned William Dewayne Weeks as Petitioner, of the estate of W.D. Weeks, deceased, notice is hereby given to all persons having claims against said estate to present the same to the Clerk of this Court for probate and registration according to law, within ninety (90) days from the first date of publication of this notice, or they will be forever barred.
Dated this the 5th day of October, 2017.
William Dewayne Weeks, Petitioner of the Estate of W.D. Weeks, Deceased
Counsel for Petitioner, Jeffrey J. Padgett, Attorney at Law
P.O. Box 1324
Batesville, MS 38606
662-563-9625
MSB# 99980
(10-12, 19, 26)


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 30th day of October, 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 May 1 and November  1 in each year (each an “Interest Payment Date”), commencing May 1, 2018.  The Bonds will mature serially on November 1 in each year and in the principal amounts as follows:
YEAR AMOUNT 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 and October 3, 2017 (collectively, 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; provided, however, that such tax levy for any year shall be abated pro tanto to the extent the Town on or prior to September 1 of that year has transferred money to the bond fund for the Bonds, or has made other provisions for funds, to be applied toward the payment of the principal of and interest on the Bonds due during the ensuing Fiscal Year of the Town, in accordance with the provisions of the Bond Resolution.  The avails of said tax are irrevocably pledged in the Bond Resolution for the payment of the principal of, premium, if any, and interest on the Bonds as the same shall mature and accrue.  The Town, when necessary, 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 October 3, 2017.
TOWN OF TUTWILER, MISSISSIPPI
By   /s/Alma Harris
Town Clerk
(10-12, 19)


SUBSTITUTE TRUSTEE’S NOTICE OF SALE
WHEREAS, on August 15, 2014, Gloria Jean Morton Barnes and EV Barnes executed a Deed of Trust to Edwin P. Embry for the use and benefit of Liberty Finance Company, Inc., which Deed of Trust is on file and recorded in the office of the Chancery Clerk of the First Judicial District of Tallahatchie County, Mississippi in Book 2014, Page 2005, securing the principal amount of $18,000.00.
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, and
WHEREAS, under the power and authority granted Liberty Finance Company, Inc., by the above-mentioned Deed of Trust, as Owner of said Deed of Trust and the indebtedness secured by the same, Liberty Finance Company, Inc. has nominated and appointed R. Adam Kirk as Substitute Trustee in the place and stead of Edwin P. Embry.  Said Substitution of Trustee being dated September 12, 2017 and recorded on September 14, 2017 in Book 2, Page 487.
WHEREAS, Liberty Finance Company, Inc. has requested the undersigned Substitute Trustee execute said Deed of Trust and sell said real 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 R. Adam Kirk, Substitute Trustee, will on the 10th day of November, 2017, offer for sale, at public outcry, and will sell, during legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the main West door of the Courthouse of the First Judicial District of Tallahatchie County, in Charleston, Mississippi, to the highest and best bidder for cash, the following described real property lying and being situated in the First Judicial District of Tallahatchie County, Mississippi, to wit:
Beginning at the Southwest Corner of Lot 4, Block D of the Neely Subdivision, Northeast Ward, of City of Charleston, and run thence North 75 feet, thence East 125 feet, thence South 75 feet, thence West 125 feet to the point of beginning, being a lot 75 feet by 125 feet in the South part of Block D [lot 4], Neely Subdivision, Northeast Ward of said City of Charleston.
BEING THE PROPERTY CONVEYED IN Quitclaim Deed from Viola L. Jones to Gloria J. Morton, dated 12/15/1995, recorded 12/20/1995, in Deed Book 404, Page 71, in the Clerk of Chancery Court for Tallahatchie County, Mississippi. 
I will convey only such title as vested in me as Substitute Trustee.
Witness my signature this the 12th day of October, 2017.
R. Adam Kirk, MSB# 101240
Substitute Trustee
(10-19, 26, 11-2, 9)