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IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF WILLIE ADAMS, SR., DECEASED CAUSE NO.:2019-412B PETITIONER, BEVERLY ADAMS SUMMONS BY PUBLICATION TO: The testate and intestate heirs/beneficiaries of: Gladys McGee, deceased Annie Bell Goff, deceased Thelma Thomas, deceased Virgie Banks, deceased Walter Banks, deceased Joseph Adams, deceased Jessie Adams, deceased Tommie Adams, deceased Willie Adams, Jr., deceased Ellis Adams, deceased Eloise Adams, deceased Doris Tappan Adams, deceased Margie Clincy, deceased Evon Tappan Adams, deceased Edward Adams, deceased The following individuals or heirs of individuals, should the named individuals be deceased, whose addresses are unknown to the Petitioner after due and diligent search: Mitchell Goff, Sr. Willie Ed Goff Thelma Thomas Earlene Adams Edwin B. Adams Kenyatta S. Adams Willie K. Adams Kenneth Adams The known and unknown heirs and beneficiaries of Willie Adams, Sr., deceased You have been made Respondent(s)/Defendant(s) to a Verified Petition to Determine Heirs at Law of Willie Adams, Sr. You have been summoned to appear and defend against the aforementioned pleadings in this action at 9:00a.m. on November 1, 2019 before the Honorable Cynthia Brewer, at the Madison County Chancery/Administrative Building in Canton, Mississippi, and in case of your failure to appear and defend, a judgment will be entered against you for the relief demanded in the Pleadings. You are not required to file answer or other pleadings regarding the Verified Petition to Determine Heirs at Law of Willie Adams, Sr., Deceased, but you may do so if you desire. Issued under my hand and the seal of said Court, this 20th day of August, 2019. Cheryl Houston, D.C. Clerk of Madison County, Mississippi Requested by: Janessa E. Blackmon Blackmon Carr, LLC 215 Katherine Drive Flowood, MS 39232 (601) 933-0370
IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF LATORIA CHANELL LEE, DECEASED GARRICK MARICO LEE AND PERMELIA MONIKA LEE, CO- ADMINISTRATORS CIVIL ACTION NO. 2019-669 (B) SUMMONS BY PUBLICATION THE STATE OF MISSISSIPPI TO: ANY UNKNOWN HEIRS OF LATORIA CHANELL LEE, DECEASED; AND ALL PERSONS HAVING OR CLAIMING ANY INTEREST IN SAID ESTATE, STREET ADDRESS UNKNOWN, POST OFFICE ADDRESS UNKNOWN, after diligent search and inquiry: Pursuant to a Motion to Determine Heirship filed in this Court in the referenced styled and numbered civil action, the Chancery Court of Madison County, Mississippi, has been asked to determine the heirship of the Deceased, Latoria Chanell Lee, and other relief. NOTICE OF HEARING YOU ARE SUMMONED TO APPEAR and defend a Hearing to be held on the Motion to Determine Heirship at 8:30 o=clock A.M., on October 23, 2019, in the Courtroom of the Honorable Cynthia Brewer, Chancery Court Judge, at the Madison County Chancery/Administrative Building, 146 W. Center Street, Canton, MS 39046, and in case of your failure to appear and defend an Order will be entered for the relief requested in the Motion to Determination of Heirship. At said hearing you should appear and show cause, if any you can, why the relief sought by Petitioners, Garrick Marico Lee and Permelia Monika Lee, Co-Administrators, should not be granted by the Court. Failure to appear at the time and place mentioned will result in a Judgment against you for the relief demanded. You are not required to file an Answer or other pleading with the Clerk of the Court responding to the Motion to Determine Heirship, but you may do so if you desire. ISSUED UNDER MY HAND AND SEAL OF THIS COURT, this the 5th day of September, 2019. RONNY LOTT, CHANCERY CLERK, MADISON COUNTY, MISSISSIPPI Post Office Box 404, Canton, MS 39046 BY: s/ Kim Sievers Deputy Clerk Publish: September 12, 2019 September 19, 2019 September 26, 2019
NOTICE TO BIDDERS The Madison County Board of Supervisors will receive un-priced proposals in advance of a bid on the following commodities: 1. Asphalt a. SC1-Type 8 b. SC1-Type 2 c. CRS 2-Liquid Asphalt d. Cold Mix Asphalt e. BB1 2. Gravel a. 610 unwashed limestone aggregate b. #7 washed limestone aggregate c. #57 washed limestone aggregate d. #89 washed limestone aggregate e. #100 Rip Rap f. #200 Rip Rap g. #300 Rip Rap h. Washed Road Gravel i. Clay Gravel 3. HDPE (Plastic Pipes) a. 12” diameter by foot b. 15” diameter by foot c. 18” diameter by foot d. 24” diameter by foot e. 30” diameter by foot f. 24” Band g. 30” Band 4. Aluminized CMP (Pipes) (14 Gauge Type 2) a. 24” diameter by foot b. 30” diameter by foot c. 24” Band d. 30” Band Un-priced proposals will be accepted until 10:00 a.m. on Tuesday, October 1, 2019, by electronic submission at http://www.madison-co.com/bids or in sealed envelope at the Chancery Clerk’s Office, 125 West North Street, Canton, Mississippi. For any questions relating to the electronic submission process, please call Kesha Buckner at 601-855-5534. Submitted un-priced proposals will be evaluated, and vendors submitting acceptable offers will be invited to submit priced bids. Bidding will be held by electronic reverse auction on Thursday, October 3, 2019, at 10:00 a.m. Bidders may come to the Office of Purchasing with a paper bid and receive technical assistance in entering their bid in the reverse auction. Specifications for each commodity are available on the bid page of the Madison County Board of Supervisors at: http://www.madison-co.com/bids. Additionally, specifications for each commodity are on file in the Chancery Clerk’s Office, Madison County Office Complex, 125 West North Street, Canton, Mississippi, 39046 and available during normal business hours. There is no charge for specifications obtained using either of these methods. All bids must comply with the specifications provided. Madison County reserves the right to amend the specifications, as necessary, and agrees to notify all who have requested bid packets from the Madison County Board of Supervisors. The Madison County Board of Supervisors reserves the right to extend the auction date if necessary, to complete the bid proposal pre-qualification process. Electronic bids must be submitted at http://www.madison-co.com/bids. All in-person submitted un-priced proposals must be sealed and clearly labeled on the outside of the bid envelope as instructed in the bid package and delivered to the Chancery Clerk’s Office, at 125 West North Street, Canton, Mississippi. The Board of Supervisors reserves the right to reject any and all bids. WITNESS MY SIGNATURE, this the 9th day of September 2019. /s/ RONNY LOTT (SEAL) RONNY LOTT, CHANCERY CLERK Madison County Board of Supervisors SUBMITTED: MADISON COUNTY JOURNAL FOR PUBLICATION ON: Thursday, September 12, 2019,Thursday, September 19, 2019
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on, January 6, 1988, Falls Griffin and Polly D. Griffin, executed a deed of trust to Vernon D. Godsey, County Supervisor, Trustee for the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, recorded in Deed of Trust Book 640 at page 218 of the records of the Chancery Clerk of Madison County, Mississippi; and WHEREAS, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, the holder of said Deed of Trust and Note secured thereby, substituted J. Tyler McCaughn as Trustee therein as authorized by the terms thereof by instrument dated July 3rd, 2019 , and recorded in Book 3741, Page 158, in the office of the Madison County Chancery Clerk; and WHEREAS, default having been made in the terms and conditions of said Deeds of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms in said Deeds of Trust and the legal holder of said indebtedness, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, having requested the undersigned, as Substituted Trustee, to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder, together with attorney's fees, Substituted Trustee's fees and expenses of sale. NOW, THEREFORE, I, J. TYLER MCCAUGHN, Substituted Trustee in said Deeds of Trust, will, on the 13th day of September, 2019, offer for sale and will sell at public outcry to the highest bidder for cash, within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) at the main front door of the Madison County Courthouse in Canton, Mississippi, the following described property lying and being situated in the County of Madison, State of Mississippi, to-wit: The following described real property lying and being situated in Madison County, Mississippi, and being more particularly described as follows, to wit: One acre of land on West side of State Highway #17 in Lot #1 E.B.L. in Section 32, T10N, R5E a part of Otho Griffin Place described as follows: Begin at concrete right of way marker opposite Highway #17 Station No. 14+00 according to Project #S-0518-(Z) “A”3-28-57, and run N15°30'E 107' along West boundary of said Highway #17 to an iron pin that marks the Southeast corner and Point of Beginning of the lot being described, thence run N65°W ' along North boundary of a 30' proposed access road, thence N15°30'E ' parallel to said Highway #17, thence S65°E ' parallel to said access road to West boundary of said Highway #17, thence S15°30'W ' along said West boundary of said Highway #17 to Point of Beginning. SUBJECT TO the following, to wit: 1. County of Madison ad valorem taxes for the year 1988 which are liens, but are not yet due and payable. 2. Madison County Zoning and Subdivision Regulations Ordinances, as amended. 3. Prior mineral reservations, conveyances and/or leases of record in regard to the oil, gas and other minerals lying in, on and under the subject property. 4. Rights of way and easement for public roads, power lines and other utilities. 5. An unrecorded easement for power line located near the east line of the subject property as shown on plat of survey prepared by Ellis Henderson dated March 28, 1987, survey #1109. 6. Any and all matters which would be reflected by an actual survey of the premises and the rights of parties in possession, if any. I will only convey such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE, this the 12th day of August, 2019. /s/ J. Tyler McCaughn, MSB 102669 J. Tyler McCaughn, PLLC P. O. Box 28 Newton, MS 39345 601/683-2382 Publish: 4 times - August 22, 2019, August 29, 2019, September 5, 2019 and September 12, 2019
IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI TAMMY CUNNINGHAM ELLIS PLAINTIFF VS. JOSEPH DALE ELLIS, SR. DEFENDANT CIVIL ACTION NO. 2017-544C RULE 4 SUMMONS STATE OF MISSISSIPPI COUNTY OF MADISON TO: JOSEPH DALE ELLIS SR. Defendant, wherever he may be found. THE PETITION WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. You are being served with the following: Plaintiff’s Motion for Replevin of Personal Property and Renewal of Request for All Equity in the Registry of the Court [Docket No. 61], Plaintiff’s Response to Defendant’s Amended Response to Brief in Support of Home Equity Funds Being Disbursed to Plaintiff, Tammy Cunningham Ellis, Motion for Rule 11 Sanctions Against Defendant and His Attorney Chris Tabb (MSB #7420) [Docket No. 66], and Motion for Adjudication of Equitable Division of the Marital Estate and Alimony [Docket No. 66], Amended Petition for Permanent Injunction [Docket No. 67], and the Motion for Equitable Distribution of the Marital Estate, Alimony, Attorney’s Fees, and Other Relief [Docket No. 77]. You are required to mail or hand deliver a copy of a written response to said aforementioned pleadings to Alicia C. Baladi, Attorney at Law, PLLC, whose address is 126 North Maple Street, Suite D, Ridgeland, Mississippi 39157. YOUR RESPONSE MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY (30) DAYS AFTER THE 12th DAY OF September, 2019, 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 RELIEF DEMANDED IN THE COMPLAINT. You must also file the original of your response with the clerk of this Court within a reasonable time afterward. Issued under my hand and seal of said Court, this the 9th day of September, 2019. RONNY LOTT, CHANCERY CLERK MADISON COUNTY, MISSISSIPPI BY:s/ Kim Sievers, D.C. ALICIA C. BALADI, ESQ. (MSB #9788) 128 North Maple St., Suite A, Ridgeland, MS 39157 Post Office Box 2055, Ridgeland, MS 39158 Telephone: 601-898-8667; Facsimile: 601-898-8675 ATTORNEY FOR PLAINTIFF
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on, December 5, 1985, Laura Jean Bell, executed a deed of trust to Meredith A. Pierce, County Supervisor, Trustee for the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, recorded in Deed of Trust Book 575 at page 736 of the records of the Chancery Clerk of Madison County, Mississippi; and WHEREAS, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, the holder of said Deed of Trust and Note secured thereby, substituted J. Tyler McCaughn as Trustee therein as authorized by the terms thereof by instrument dated July 3rd, 2019, and recorded in Book 3741, Page 160, in the office of the Madison County Chancery Clerk; and WHEREAS, default having been made in the terms and conditions of said Deeds of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms in said Deeds of Trust and the legal holder of said indebtedness, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, having requested the undersigned, as Substituted Trustee, to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder, together with attorney's fees, Substituted Trustee's fees and expenses of sale. NOW, THEREFORE, I, J. TYLER MCCAUGHN, Substituted Trustee in said Deeds of Trust, will, on the 13th day of September, 2019, offer for sale and will sell at public outcry to the highest bidder for cash, within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) at the main front door of the Madison County Courthouse in Canton, Mississippi, the following described property lying and being situated in the County of Madison, State of Mississippi, to-wit: The following described real property lying and being situated in Madison County, Mississippi, and being more particularly described as follows: From the point where the East line of the SW1/4 of SW1/4 of Section 30, Township 10 North, Range 5 East, intersects the north right of way of the public road, proceed 300 feet westerly along the north right of way of said public road to a point which is the point of beginning; from said point of beginning, proceed north 175 feet to a point: thence proceed westerly on a line parallel to the north right of way of the public road a distance of 250 feet; thence proceed south a distance of 175 feet to the north right of way of the public road, thence proceed easterly along the north right of wya of the public road a distance of 250 feet to the point of beginning; containing in all one (1) acre, more or less, in the SW1/4 of the SW1/4, Section 30, Township 10 North, Range 5 East, Madison County, Mississippi. SUBJECT TO the following, to wit: 1. County of Madison ad valorem taxes for the year 1985, which are liens but are not yet due or payable. 2. Madison County Zoning and Subdivision Regulations Ordinance of 1976, adopted July 23, 1976, and recorded in Minute Book AL at page 77 in the records in the office of the Chancery Clerk of Madison County, Mississippi. 3. Prior reservations, conveyances and/or leases of record in regard to oil, gas and other minerals lying in , on and under the subject property. 4. Rights of way and easements for public roads, power lines and other utilities. 5. A right of way easement from Laura J. Bell to South Central Bell Telephone Company granting a right of way 15 feet in width dated August 27, 1974, and recorded in Book 137 at page 404 in the records in the office of the Chancery Clerk of Madison County, Mississippi. 6. Any and all matters which would be reflected by an actual survey of the premises and the rights of parties in possession, if any. I will only convey such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE, this the 12th day of August, 2019. /s/ J. Tyler McCaughn, MSB 102669 J. Tyler McCaughn, PLLC P. O. Box 28 Newton, MS 39345 601/683-2382
IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI TAMMY CUNNINGHAM ELLIS PLAINTIFF VS. JOSEPH DALE ELLIS, SR. DEFENDANT CIVIL ACTION NO. 2017-544(C) RULE 81 SUMMONS STATE OF MISSISSIPPI COUNTY OF MADISON TO: JOSEPH DALE ELLIS, SR., wherever he may be found. NOTICE TO DEFENDANT THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. You are summoned to appear and defend against the issues in the Plaintiff’s Motion for Replevin of Personal Property and Renewal of Request for All Equity in the Registry of the Court [Docket No. 61], Plaintiff’s Response to Defendant’s Amended Response to Brief in Support of Home Equity Funds Being Disbursed to Plaintiff, Tammy Cunningham Ellis, Motion for Rule 11 Sanctions Against Defendant and His Attorney Chris Tabb (MSB #7420), and Motion for Adjudication of Equitable Division of the Marital Estate and Alimony [Docket No. 66], Amended Petition for Permanent Injunction [Docket No. 67], Motion for Equitable Distribution of the Marital Estate, Alimony, Attorney’s Fees, and Other Relief [Docket No. 77] contained therein and filed against you in this action at 1:30 p.m. on the 13th day of November, 2019, in the Madison County Chancery Courthouse in Canton, Mississippi, before the Chancellor Robert G. Clark III, 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 Pleadings. You are not required to file an answer or other pleading but you may do so if you desire. Issued under my hand and seal of said Court, this the 9th day of September, 2019. RONNY LOTT, CHANCERY CLERK MADISON COUNTY, MISSISSIPPI BY: s/ Kim Sievers , D.C. Prepared by: ALICIA C. BALADI, ESQ. (MSB# 9788) Post Office Box 2055; Ridgeland, MS 39158 Telephone: 601/898.8667 Fax: 601/898.9767 aliciabaladi@gmail.com ATTORNEY FOR TAMMY CUNNINGHAM ELLIS
SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, effective as of October 4, 2011, Cypress Meadow Apartments LLC, a Mississippi limited liability company (the "Borrower") executed that certain Multifamily Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Deed of Trust") to R. Cratin Luckett, Jr., as trustee (the "Original Trustee”), for the use and benefit of Alliant Capital LLC, a Michigan limited liability company (the "Original Lender"), which instrument was recorded in the Office of the Chancery Clerk of Madison County, Mississippi (the “Recording Office”) on October 5, 2011, at Book 2713, Page 338; and, WHEREAS, effective as of October 4, 2011, Original Lender executed that certain Assignment of Deed of Trust (the "Assignment") thereby assigning all right, title, and interest in the Deed of Trust and related loan documents to Fannie Mae, a corporation organized and existing under the laws of the United States of America (the "Beneficiary"), which instrument was recorded in the Recording Office on October 5, 2011, at Book 2713, Page 362; and WHEREAS, as of July 9, 2019, pursuant to that certain Substitution of Trustee (the "Trustee Substitution"), Beneficiary substituted Alan Lee Smith (the "Substituted Trustee") as trustee of the Deed of Trust, in the place and stead of the Original Trustee and of any other substituted trustee, which Trustee Substitution was recorded in the Recording Office on July 12, 2019, at Book 3741, Page 936, and thereafter spread upon the land records maintained by the Chancery Clerk of Madison County, Mississippi; and WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby (the "Indebtedness") having been declared to be due and payable in accordance with the terms of said Deed of Trust, Beneficiary has called upon the Substituted Trustee to execute the trust and make foreclosure thereof according to the terms of said Deed of Trust and applicable Mississippi law, for the purpose of raising the sums due thereunder, with the proceeds thereof to be applied in accordance with the terms and conditions of the Deed of Trust and related loan documents. NOW, THEREFORE, I, Alan Lee Smith, acting solely in my capacity as Substituted Trustee, by virtue of the authority conferred upon me pursuant to the Deed of Trust and applicable Mississippi law, do hereby give notice that I will, between the legal hours of 11:00 a.m. and 4:00 p.m. on Friday, September 27, 2019, offer for sale at public outcry at the main front door of the Madison County Circuit Courthouse, located at 128 W. North Street, Canton, Mississippi, to the highest and best bidder for cash, the following described real property situated in Madison County, Mississippi, to-wit: REAL PROPERTY Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, & 12 Canal Street Gardens Apartments, a subdivision according to a map or plat thereof on file and of record in the Office of the Chancery Clerk of Madison County at Canton, Mississippi in Plat Cabinet C, Slide 33 thereof; reference to which is hereby made in aid of and as a part of this description. The foregoing real property is referred to herein, collectively, as the "Premises". Substituted Trustee will on the same date and at the same time and place, proceed to sell at public outcry to the highest and best bidder for cash, pursuant to the provisions of Sections 9-604 and 9-610 of the Uniform Commercial Code (Sections 75-9-604 and 75-9-610 of the Mississippi Code), all of Borrower's right, title and interest in the following described personal property that may be located upon the Premises and/or may exist in association with Borrower's use and enjoyment of the Premises, the Borrower having granted Beneficiary a security interest in said personal property pursuant to the Deed of Trust and/or other security instruments: PERSONAL PROPERTY All of Borrower’s right, title and interest in and to all of the following: (1) all buildings, structures, improvements and alterations constructed or placed upon the Premises, including any replacements or additions (collectively, the "Improvements"); (2) all property which is so attached to the Premises or the Improvements as to constitute a fixture under applicable law, including: machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants; swimming pools; and exercise equipment (collectively, the "Fixtures"); (3) all equipment, inventory, general intangibles which are used in connection with the ownership, management or operation of the Premises or the Improvements or are located on the Premises or in the Improvements, including furniture, furnishings, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are used in connection with the ownership, management or operation of the Premises or the Improvements or are located on the Premises or in the Improvements, and any operating agreements relating to the Premises or the Improvements, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Premises or the Improvements and all other intangible property and rights relating to the operation of, or used in connection with, the Premises or the Improvements, including all governmental permits relating to any activities on the Premises (collectively, the "Personalty"); (4) all rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefitting the Premises or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been vacated; (5) all proceeds paid or to be paid by any insurer of the Premises, the Improvements, the Fixtures, the Personalty or any other part of the Property, whether or not Borrower obtained the insurance pursuant to Lender’s requirement; (6) all awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Premises, the Improvements, the Fixtures, the Personalty or any other part of the Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Premises, the Improvements, the Fixtures, the Personalty or any other part of the Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof; (7) all contracts, options and other agreements for the sale of the Premises, the Improvements, the Fixtures, the Personalty or any other part of the Property entered into by Borrower, including cash or securities deposited to secure performance by parties of their obligations; (8) all proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds; (9) all rents (whether from residential or non-residential space), revenues and other income of the Premises or the Improvements, including subsidy payments received from any sources (including, but not limited to, payments under any Housing Assistance Payments Contract), parking fees, laundry and vending machine income and fees and charges for food, healthcare and other services provided at the Premises, whether now due, past due or to become due, and deposits forfeited by tenants (collectively the "Rents"); (10) all leases, subleases, licenses, concessions or grants or other possessory interests in force, whether oral or written, covering or affecting the Premises, or any portion of the Property (including proprietary leases or occupancy agreements if Borrower is a cooperative housing corporation), and all modifications, extensions or renewals (collectively, the "Leases"); (11) all earnings, royalties, accounts receivable, issues and profits from the Premises, the Improvements or any other part of the Property, and all undisbursed proceeds of the loan secured by this Deed of Trust and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents; (12) all Imposition Deposits (as defined in the Deed of Trust); (13) all refunds or rebates of Impositions (as defined in the Deed of Trust) by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which the Deed of Trust is dated); (14) all tenant security deposits which have not been forfeited by any tenant under any Lease; and (15) all names under or by which any of the above Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Property. The foregoing real and personal property (collectively, the "Property") shall be sold together on an "As Is, Where Is" basis without warranty or recourse, express or implied, as to title, possession, use and/or enjoyment, and subject to the following: 1. Any unpaid taxes against the Property; 2. Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the Property; 3. Any dedication of roads affecting the Property and any governmental zoning and subdivision ordinances or regulations in effect; and, 4. Any prior or superior liens, judgments, deeds of trust, or other interests of record and/or existing as a matter of law regarding the Property. I shall convey only such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this the 20th day of August, 2019. /s/ Alan Lee Smith ALAN LEE SMITH, acting solely in my capacity as Substituted Trustee Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Attn: Alan Lee Smith, Esq. P.O. Box 14167 Jackson, Mississippi 39236 (601) 351-8932 Real Property Name and Physical Address: Cypress Meadow Apartments 373 South Canal Street Canton, MS 39046 Publication Dates: September 5, 2019; September 12, 2019; September 19, 2019; and September 26, 2019
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on, March 14, 1995, Henry Lee Edmond, executed a deed of trust to Linda S. Stovall, County Supervisor, Trustee for the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, recorded in Deed of Trust Book 923 at page 693 of the records of the Chancery Clerk of Madison County, Mississippi; and WHEREAS, on, March 14, 1995, Henry Lee Edmond, executed a corrected deed of trust to Linda S. Stovall, County Supervisor, Trustee for the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, recorded in Deed of Trust Book 940 at page 771 of the records of the Chancery Clerk of Madison County, Mississippi; and WHEREAS, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, the holder of said Deed of Trust and Note secured thereby, substituted J. Tyler McCaughn as Trustee therein as authorized by the terms thereof by instrument dated July 3, 2019, and recorded in Book 3741, Page 162, in the office of the Madison County Chancery Clerk; and WHEREAS, default having been made in the terms and conditions of said Deeds of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms in said Deeds of Trust and the legal holder of said indebtedness, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, having requested the undersigned, as Substituted Trustee, to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder, together with attorney's fees, Substituted Trustee's fees and expenses of sale. NOW, THEREFORE, I, J. TYLER MCCAUGHN, Substituted Trustee in said Deeds of Trust, will, on the 13th day of September, 2019, offer for sale and will sell at public outcry to the highest bidder for cash, within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) at the main front door of the Madison County Courthouse in Canton, Mississippi, the following described property lying and being situated in the County of Madison, State of Mississippi, to-wit: As described in Deed of Trust recorded in Book 923 at page 693: A lot or parcel of land fronting 77.50 feet on the east side of North Liberty Street, containing 0.31 Acres, more or less, being a part of Lot 69 on the east side of North Liberty Street, Canton, Madison County, Mississippi. As described in Deed of Trust recorded in Book 940 at page 771: A lot or parcel of land fronting 77.50 feet on the east side of North Liberty Street, containing 0.31 Acres, more or less, being a part of Lot 69 on the east side of North Liberty Street, Canton, Madison County, Mississippi, and more particularly described as follows: Beginning at an iron pin representing the NW corner of said Lot 69 according to the Roosevelt Johnson deed conveyed by deed recorded in Deed Book 273 at Page 709 in the records of the Chancery Clerk of said county, said NW corner also being the SW corner of said Johnson property; Thence South 74 degrees 22 minutes East for 189.00 feet along the south line of and to the SE corner of said Johnson property; Thence South 13 degrees 56 minutes 02 seconds West for 65.10 feet to an iron pin at the NE corner of the McGruder property conveyed by deed recorded in Deed Book 300 at Page 56 in the records of said Chancery Clerk; Thence North 78 degrees 01 minutes West for 194.30 feet along the north line of said McGruder property for 194.30 feet to an iron pin on the east line of North Liberty Street; Thence North 17 degrees 50 minutes East along the east line of North Liberty Street for 77.50 feet to the Point of Beginning. I will only convey such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE, this the 12th day of August, 2019. /s/ J. Tyler McCaughn, MSB 102669 J. Tyler McCaughn, PLLC P. O. Box 28 Newton, MS 39345 601/683-2382
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