Public Notice October 12, 2017

kmcferrin
SUBSTITUTED TRUSTEE’S NOTICE OF SALE
STATE OF MISSISSIPPI 
COUNTY OF Tallahatchie 2nd
WHEREAS, on the 31st day of August, 2005, Reginald Moore and Debbie Ann Waters, executed and delivered a certain Deed of Trust unto William R Sanders, Trustee for Mortgage Electronic Registration Systems, Inc as nominee for Decision One Mortgage Company, LLC, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Tallahatchie 2nd County, Mississippi in Book 339 at Page 561; and
WHEREAS, on the 11th day of August, 2014, the Holder of said Deed of Trust filed a Loan Modification Agreement of Deed of Trust by instrument recorded in the office of the aforesaid Chancery Clerk of Court in Deed of Trust Book 2014 at Page 774; and
WHEREAS, by various assignments on record said Deed of Trust was ultimately assigned to PROF-2013-S3 Legal Title Trust, by U.S. Bank National Association, as Legal Title Trustee by instrument recorded in the office of the aforesaid Chancery Clerk in Deed of Trust Book 2016 at Page 417; and    
WHEREAS, on the 7th day of April, 2017 the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau as Substitute Trustee by instrument recorded in the office of the aforesaid Chancery Clerk in Substitution of Trustee Book 2 at Page 284; 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 19th day of October, 2017, 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 front steps of the Tallahatchie 2nd County Courthouse, North side at Sumner, Mississippi, for cash to the highest bidder, the following described land and property situated in Tallahatchie 2nd County, Mississippi, to-wit: 
Commencing from an iron in the Easternmost corner of Block K, which is also the Northeast corner of the J. Bailey Webb Lot as shown on the plat of the Town of Webb, which is the point of beginning; thence South 35 degrees 58 minutes 12 seconds West 14.97 feet to an iron; thence North 44 degrees 10 minutes 59 seconds West 157.42 feet along a fence to an iron; thence North 55 degrees 45 minutes 00 seconds East 195.00 feet to the edge of Cassidy Bayou; thence North 55 degrees 45 minutes 00 seconds East 120.62 feet to the center of Cassidy Bayou; then South 53 degrees 42 minutes 45 seconds East 158.13 feet along the center of the bayou; thence South 55 degrees 45 minutes 00 seconds West 120.00 feet to the edge of the bayou; thence South 55 degrees 29 minutes 56 seconds West 206.45 feet to the point of beginning and containing 1.13 acres as shown on the attached plat. 
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this 20th day of September 2017
Emily Kaye Courteau
Substitute Trustee
855 S Pear Orchard Rd., Ste. 404, Bldg. 400
Ridgeland, MS  39157
(318) 330-9020
jm/F10-1718
(9-28, 10-5, 12)

PUBLIC NOTICE

Charleston Mini Storage gives notice that pursuant to the provisions Section 85-7-125 of the Mississippi Code annotated (1972 amended) it will offer for sale to the highest bidder for cash at the Charleston Mini Storage, 109 West Walnut Street, Charleston, MS 38921 on Friday, October 13, 2017, at 12 p.m. at its self storage facilities the contents of the storage unit listed below:
Unit B16 - 5x10 - Rhonda Bush
(9-28, 10-5, 12)

IN THE CHANCERY COURT OF TALLAHATCHIE COUNTY, MISSISSIPPI
SECOND JUDICIAL DISTRICT
In the Matter of the Estate of Robert Lee Grant, Deceased
Cause No.: 2017-20-2
NOTICE TO CREDITORS
Letters of Administration having been granted on the 18th day of September, 2017, by the Chancery Court of the Second Judicial District of Tallahatchie County, MIssissippi, in Cause No.: 2017-20-2, to the undersigned Administratrix upon the Estate of Robert Lee Grant, deceased, notice is hereby given to all persons having claims against said Estate to present the same to the Clerk of said Court for probate and registration according to the law within ninety (90) days from the first publication of this Notice, or they will be forever barred.
This the 18th day of September, 2017.
Kishia Moton, Administratrix of the Estate of Robert Lee Grant
Robert M. Tyner, Jr.
MS Bar No.: 99253
Luckett Tyner Law Firm, P.A.
P.O. Box 179
Sumner, MS 38957
662-375-8756
Solicitor
(9-28, 10-5, 12)

IN THE CHANCERY COURT OF TALLAHATCHIE COUNTY, MISSISSIPPI
FIRST JUDICIAL DISTRICT
IN THE MATTER OF THE ESTATE OF BETTY S.TRIBBLE, DECEASED                                                       NO. 2017-43
NOTICE TO CREDITORS
Letters Testamentary having been granted to the undersigned, by Order of the Chancery Court of Tallahatchie County, Mississippi, First Judicial District in Cause No. 2017-43 on the 11th day of August, 2017, and issued to the undersigned by the Clerk of said Court on the 17th day of August, 2017; you are hereby given notice that you must present your claim, or claims, against said estate to the Clerk of said Court, Tallahatchie County, Mississippi, First Judicial District Courthouse, Charleston, Mississippi, for probate and registration according to law within ninety (90) days from the first publication of this notice; and you are further given notice that if your claim, or claims, is not registered and probated within said time, it will be forever barred. 
This the 18th day of September, 2017. 
/s/ Patsy Ann Simmons
Patsy Ann Simmons
(9-28, 10-5, 12)

ABANDONED AUTO AUCTION
1. 1991 Cadillac Eldorado, black in color
VIN: 1GL6EL13B5MU606833
Odometer reading: ?
2. 1999 Ford Explorer, white in color
VIN: 1FMZU34EXXZA41370
Odometer reading: ?
3. 2007 Ford Fusion, red in color
VIN: 3FAHPO7147R117495
Odometer reading: ?
Auction for the above vehicles will be held October 13, 2017 at 2 p.m. at Mitchell’s Repair Shop, 104 S. Franklin St., Charleston, MS 38921
(662) 647-3601
(9-28, 10-5, 12)

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
(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)

REQUEST FOR PROPOSALS FOR CDBG ENGINEERING SERVICES.
The City of Charleston Mississippi, request proposals from qualified firms or individuals to provide engineering services for work related to the implements of approved FY 2018 Community Development Block Grant (CDBG) project(s). You are invited to submit a proposal, in accordance with this request, to the City of Charleston; P.O. Box 420; Charleston, MS 38921 No later than 3:00 p.m. on Monday November 6, 2017.
The Engineer will be responsible for performing all engineering services through project closeout in accordance with federal, state and local law, regulations and policies. The scope of work includes but is not limited to the following:
1) Prepare plans and specifications
2) Distribute bid documents 
3) Assist in bid opening and prepare bid tabulation,
4) Assist in the execution of construction contracts
5) Hold pre-construction conference
6) Perform construction inspection including periodic reports to the City and approve all payment request.
The City of Charleston is an Equal Opportunity Employer. The City encourages Minority owned Business Enterprises (MBEs) and Woman owned Business Enterprises (WBEs) to submit proposals. Additionally, section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 17010) requires, to the greatest extent feasible, that opportunities for job training, employment, and other economic opportunities to be given to low and moderate income residents of the project are. Section 3 also requires to the greatest extend feasible that contracts for work in connection with the project be awarded to Section 3 eligible business concerns. 
All proposals must be submitted in a sealed envelope and marked with the following language: “Proposal for CDBG Engineering Services.: Proposals will be evaluated on the following factors: Qualifications (40 Points) Experience (40 Points) and Capacity for Performance (20 Points). To be evaluated properly, the following must be addressed in detail: 
Qualifications- List of qualifications of persons to be assigned to project 
Experience- Information regarding the firm’s experience and the projects previously undertaken
Capacity for Performance- identify the number and title of staff assigned to provide services. 
The City will designate a selection committee to evaluate each proposal. The selection committee may old proposals for a period of up to thirty (30) days for the purpose of reviewing and investigating the proposals’ content. The City reserved the right to reject any and/or all proposals. 
Subject to CDBG award(s) and the removal of all environmental conditions, the City will award a contract with the qualified firm or individual whose proposal has the highest number of cumulative points and determined to be the most advantageous to the City, price and other factors considered. The contract will include scope and extend of work and other essential requirements. An individual contract will be executed for each awarded project and the contract will be on a fixed price basis in accordance with the established CDBG program fee scale. The City has the authority to terminate the selection at any time. 
(10-12)

TALLAHATCHIE COUNTY EXPENSE SUMMARY FOR:  9/30/2017                        
001-100 BOARD OF SUPERVISORS              181925.33
001-101 CHANCERY CLERK                5932.29
001-102 CIRCUIT CLERK               13708.57
001-105 TAX COLLECTOR/ASSESSOR             24710.84
001-120 COUNTY ADMINISTRATION               2128.92
001-121 COMPTROLLER 5118.57
001-122 PURCHASING                    5045.66
001-123 INVENTORY                            661.25
001-124 RECEIVING                           1575.24
001-130 BOARD ATTORNEY         3884.24
001-151 COURTHOUSE MAINTENANCE              9336.76
001-152 COMPUTER COST AND SUPPLIES          3999.49
001-153 REAPPRAISAL AND MAPPING            10724.95
001-154 VETERANS SERVICE           1238.30
001-155 FLOOD PLAIN                  2596.49
001-160 CHANCERY COURT                6636.13
001-161 CIRCUIT COURT                7069.47
001-162 JUSTICE COURT-2ND DISTRICT          7738.17
001-163 YOUTH SERVICES              10531.34
001-166 JUSTICE COURT-1ST DISTRICT          8374.68
001-167 CORONER'S INQUEST             3546.11
001-168 DISTRICT ATTORNEY        2187.83
001-169 COUNTY ATTORNEY         5121.54
001-172 JUSTICE COURT JUDGES                7817.05
001-190 OTHER GENERAL GOVERNMENT           14231.02
001-200 SHERIFF'S DEPARTMENT              137421.46
001-201 WORK CENTER                 42913.97
001-202 SCHOOL DEPUTIES          5724.87
001-220 CCA-PRISON                         58872.03
001-240 AMBULANCE SERVICE         23240.00
001-250 FIRE DEPARTMENT      300.00
001-261 NATIONAL GUARD AMORY                 300.00
001-262 CONSTABLES                   7642.46
001-420 HEALTH DEPARTMENT             4304.92
001-440 REGION I MENTAL HEALTH              1558.33
001-441 HOSPITAL MAINTENANCE                6250.00
001-450 WELFARE DEPARTMENT                  3856.29
001-500 LIBRARY                             8609.67
001-530 PARKS & RECREATION    1847.63
001-630 SOIL CONSERVATION       2391.24
001-631 EXTENSION SERVICE            3921.93
001-800 DEBT SERVICE                   1377.87
001-900 INTERFUND TRANSFERS      5375.00
097-233 E911                                4214.81
104-501 LAW LIBRARY                 366.39
106-250 VOL. FIRE DEPARTMENT          2437.33
113-260 CIVIL DEFENSE            6013.19
150-300 ROAD DEPARTMENT                   270512.05
150-800 DEBT SERVICE                 13435.48
292-800 DEBT SERVICE                  2523.40
301-300 ROAD PAVING              13251.25
310-300 ROAD PAVING                 3346.26
400-340 SOLID WASTE              29087.37
697-106 CLERKS PAYROLL          11214.90
TRAVEL EXPENSES:     EDDIE MEEKS     397.95
MARCUS ECHOLS           209.90
TOTAL DISBURSEMENTS:   1018150.34 
THIS IS A SUMMARY OF EXPENDITURES FOR PERIOD ENDING SEPTEMBER 30, 2017 LISTING THE TOTAL DISBURSEMENTS BY EACH DEPARTMENT.  A COMPLETE LIST OF ALL EXPENDITURES REPRESENTING THESE TOTALS IS RECORDED IN THE DOCKET OF CLAIMS AND IS OPEN FOR PUBLIC INSPECTION IN THE CHANCERY CLERKS OFFICE DURING REGULAR HOURS.
CLERK OF THE BOARD
(10-12)

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)

Obituaries

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