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SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on May 15, 2009, William R. Petty executed a certain deed of trust to Luckett Land Title, Inc., Trustee for the benefit of Trustmark National Bank which deed of trust is of record in the office of the Chancery Clerk of Neshoba County, State of Mississippi in Book 2009 at Page 3820; and WHEREAS, said Deed of Trust was subsequently assigned to CIT Bank, N.A. by instrument dated June 20, 2017 and recorded in Book 2017 at Page 5344 of the aforesaid Chancery Clerk's office; and WHEREAS, CIT Bank, N.A. has heretofore substituted Shapiro & Massey, LLC as Trustee by instrument dated March 26, 2018 and recorded in the aforesaid Chancery Clerk's Office in Book 2018 at Page 2609; and 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 in accordance with the terms of said deed of trust, CIT Bank, N.A., the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expense of sale. NOW, THEREFORE, I, Shapiro & Massey, LLC, Substituted Trustee in said deed of trust, will on May 30, 2018 offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the North Door of the County Courthouse of Neshoba County, located at Philadelphia, Mississippi, to the highest and best bidder for cash the following described property situated in Neshoba County, State of Mississippi, to-wit: Lot 13 of Easthaven Drive Subdivision, according to a plat thereof on file in Plat Book 1 at Page 106 in the office of the Chancery Clerk of Neshoba County, Mississippi. I WILL CONVEY only such title as vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this 23rd day of April, 2018. Shapiro & Massey, LLC SUBSTITUTED TRUSTEE Shapiro & Massey, LLC 1080 River Oaks Drive Suite B-202 Flowood, MS 39232 (601) 981-9299 107 Easthaven Drive Philadelphia, MS 39350 18-021351BE Publication Dates: May 2, May 9, May 16 and May 23, 2018 41651
STATE OF MISSISSIPPI COUNTY OF NESHOBA SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on March 29, 2005, Jerry W. Smith and wife, Paulene M. Smith (one and the same person as Pauline M. Smith and Paulene H. Smith), executed a Deed of Trust to ROBERT THOMAS, Trustee for the use and benefit of THE CITIZENS BANK OF PHILADELPHIA. Said Deed of Trust was filed on April 12, 2005 in the office of the Chancery Clerk of Neshoba County, Mississippi in Deed of Trust Book 627 at Page 632. Said Deed of Trust was modified on the 6th day of July 2010 with said Modification recorded on July 16, 2010 in Deed of Trust Book 2010 at Page 5468 in the office of the Chancery Clerk of Neshoba County, Mississippi. Said Deed of Trust was further modified on the 1st day of August, 2012 with said Modification recorded August 7, 2012 in Deed of Trust Book 2012 at Page 6567 in the office of the Chancery Clerk of Neshoba County, Mississippi. Said Deed of Trust was further modified on the 5th day of August, 2014 with said Modification recorded August 12, 2014 in Deed of Trust Book 2014 at Page 6823 in the office of the Chancery Clerk of Neshoba County, Mississippi. Said Deed of Trust was further modified on the 4th day of August, 2016 with said Modification recorded August 17, 2016 in Deed of Trust Book 2016 at Page 7480 in the office of the Chancery Clerk of Neshoba County, Mississippi; and WHEREAS, the legal holder of the said Deed of Trust and the note secured thereby, substituted CALEB E. MAY as Trustee therein, as authorized by the terms thereof, by instrument executed the 29th day of March, 2018 and recorded the 10th day of April, 2018 in the office of the aforesaid Chancery Clerk in Deed of Trust Book 2018 at Page 2612; and WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said Deed of Trust, and the entire outstanding debt thereby having become due and payable in accordance with the terms and conditions of said Deed of Trust and having been requested by the legal holder of the indebtedness secured and described by said Deed of Trust so to do, notice is hereby given that I, CALEB E. MAY, Substituted Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale in accordance with the terms and conditions of said Deed of Trust for the purposes of raising the sums due thereunder, together with attorney’s fees, Trustee’s fees and expenses of sale, and will sell at public sale and outcry to the highest and best bidder for cash, during the legal hours of 11:00 a.m. and 4:00 p.m., at the north door of the County Courthouse of Neshoba County, Mississippi at Philadelphia, Mississippi on Thursday, the 31st day of May, 2018, the following described land and property being the same land and property described in said Deed of Trust, situated in Neshoba County, State of Mississippi, to-wit: Tract I: From the iron pin on the Northeast corner of the SW 1/4 of the SW 1/4 of Section 24, Township 11 North, Range 11 East, run South 630 feet to the North right of way of county road (extension to Ivy Street); thence run West along said right of way for 870 feet to the point of beginning; thence North 200 feet, thence West 200 feet; thence South 200 feet to said right of way, thence East along said right of way for 200 feet to the point of beginning, containing 0.92 acres, more or less, and being situated in the N 1/2 of the SW 1/4 of the SW 1/4 of Section 24, Township 11 North, Range 11 East, Neshoba County, Mississippi. Tract II: Beginning at the Northwest corner of Block 179, Stribling Addition to the City of Philadelphia, Mississippi, and run East along the South side of Wilson Street 70 feet to the point of beginning; thence run South from said point of beginning 165 feet; thence run East 85 feet; thence run North 165; thence run West 85 feet to the point of beginning, said property being a part of said Block 179 of said Stribling Addition, City of Philadelphia, Neshoba County, Mississippi, together with all and singular the improvements thereon and appurtenances thereunto belonging. I will convey only such title as is vested in me as Substituted Trustee. WITNESS my signature, on this the 2nd day of May, 2018. /s/ Caleb E. May CALEB E. MAY, Substituted Trustee PREPARED BY AND RETURN TO: Caleb E. May Attorney at Law PLLC P. O. Box 388 Philadelphia, MS 39350 Phone: (601) 656-4830 *Publish 4 times:May 9, 2018, May 16, 2018, May 23, 2018, and May 30 2018, in The Neshoba Democrat 41729
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on November 19, 2007, Kevin Smith and Lisa Smith executed a Deed of Trust to L. Scott Pickle, Trustee for the benefit of First Financial Bank, Beneficiary, which Deed of Trust is filed for record in Book 2007 at Page 13278 in the office of the Chancery Clerk of Neshoba County, Mississippi which Deed of Trust was modified by Partial Release of Deed of Trust filed for record in Book 2009 at Page 6922 and further modified by Partial Release filed for record in Book 2017 at Page 5120 (collectively, "Deed of Trust 1"); and WHEREAS, on March 12, 2009, Kevin Smith and Lisa Smith executed a Deed of Trust to L. Scott Pickle, Trustee for the benefit of First Financial Bank, Beneficiary, which Deed of Trust is filed for record in Book 2009 at Page 1919 in the office of the aforesaid Chancery Clerk which Deed of Trust was modified by Partial Release of Deed of Trust filed for record in Book 2009 at Page 4343 and further modified by Partial Release filed for record in Book 2017 at Page 5120 (collectively, "Deed of Trust 2") (Deed of Trust 1 and Deed of Trust 2 are collectively referred to as “Deeds of Trust); and WHEREAS, said Deeds of Trust authorized the appointment and substitution of another Trustee in the place of the Trustees named in the Deeds of Trust or subsequently substituted therein, and First Financial Bank appointed and substituted Chad J. Hammons as Trustee therein, by instrument dated January 29, 2018, and duly filed for record in the office of the aforesaid Chancery Clerk in Book 2018 at Page 1122; and WHEREAS, default having been made in the performance of the terms and conditions of the Deeds of Trust, and the entire indebtedness secured thereby having been declared to be due and payable pursuant to the terms of the Deeds of Trust, and First Financial Bank, the holder of the note and the Deeds of Trust, having requested the undersigned Trustee so to do, I will, on the 1st day of June, 2018, offer for sale at public outcry and sell during legal hours, being between the hours of 11:00 a.m. and 4:00 p.m., at north door of the County Courthouse of Neshoba County at Philadelphia, Mississippi, for cash to the highest and best bidder, the following described land and property lying and being situated in Neshoba County, Mississippi, and being more particularly described as follows, to-wit: TRACT FIVE: Begin at the SE corner of the SW 1/4 of SE 1/4, Section 20, Township 10 North, Range 11 East, and run South 89 degrees 15 minutes West 1260 feet along fence line to fence corner; thence run North 0 degrees 42 minutes East 1,315.15 feet along fence line to fence corner; thence run South 89 degrees 45 minutes East 1856 feet along fence line to the center of the public road; thence run South 5 degrees 45 minutes West 200 feet along the center of said road; thence run South 1 degree 30 minutes West 1120 feet along the center of said public road to the South line of said Section 20; thence run West 559 feet along section line to the Point of Beginning, containing 55.54 acres, more or less, and being in the S 1/2 of SE 1/4, Section 20, Township 10 North, Range 11 East, lying and being West of the public road, Neshoba County, Mississippi. LESS AND EXCEPT: Begin at the SW corner of the SE 1/4 of SE 1/4, Section 20, Township 10 North, Range 11 East, at a concrete monument and run East 556.01 feet to the West boundary of the public road for the Point of Beginning; thence run North 0 degrees 17 minutes 53 seconds East along the West right of way line of public road a distance of feet; thence run West 420 feet; thence run South feet to section line; thence run East along section line 420 feet to the Point of Beginning, being a parcel of land containing 2 acres, more or less, and being situated in the SE 1/4 of SE 1/4, Section 20, Township 10 North, Range 11 East, Neshoba County, Mississippi. Together with all rights, easements, appurtenances, and improvements erected on and all structures and fixtures of any and every description attached to, the real property. In conjunction with the aforesaid sale of real property and at the same place and time as said sale, I will offer for sale at public outcry and sell to the highest and best bidder any and all poultry production equipment lying and being situated at the poultry production facilities located at 11211 Road 361, Union, Mississippi. The equipment will not be removed to the place of sale. All equipment will remain at the poultry production facilities located at 11211 Road 361, Union, Mississippi, and will be sold as is and where is. The real property and any equipment in the nature of a fixture, accession or other component part of the poultry production facilities being sold herein will be offered together as a whole. There is no warranty relating to title, possession, quiet enjoyment, fitness, merchantability or the like in this sale and disposition of collateral. I will convey only such title as is vested in me as Trustee. WITNESS MY SIGNATURE, this the 30th day of April, 2018. /s/Chad J. Hammons CHAD J. HAMMONS, TRUSTEE Jones Walker LLP Attorneys at Law P. O. Box 427 Jackson, Mississippi 39205-0427 (601) 949-4900 PUBLISH: May 9, 2018 May 16, 2018 May 23, 2018 May 30, 2018 41671
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