Public Notices 01-26-23
TRUSTEE'S NOTICE OF FORECLOSURE SALE
STATE OF MISSISSIPPI
COUNTY OF WAYNE
WHEREAS, on May 25, 2017, Richard R. Williams and wife, Debra S.
Williams, executed a Land Deed of Trust to John R. Gunn, Trustee for the
benefit of First State Bank, which Deed of Trust was recorded June 1,
2017, in the Land Deed of Trust Records as Instrument 201701838 in the
Chancery Clerk's Office of Wayne County, Mississippi,
WHEREAS, default has been made in the payment of the indebtedness
secured by said Deed of Trust and the legal holder of the note secured
by said Deed of Trust has requested the undersigned to sell said
property for the purpose of satisfying the indebtedness and cost of
sale.
NOW, THEREFORE, notice is hereby given that the undersigned Trustee
will, on the 3rd day of February, 2023, offer for sale at public outcry
and sell during the legal hours of sale, being between the hours of
11:00 a.m. and 4:00 p.m. at the Main Front door of the Wayne County
Courthouse in the City of Waynesboro, Mississippi, for cash to the
highest bidder, the following described property situated in Wayne
County, Mississippi, to-wit:
A lot described as beginning 295.0 feet South of the Northeast corner of
Block 13, Town of Waynesboro, Mississippi; thence running South along
the Westerly boundary line of U. S. Highway #45 for a distance of 60.0
feet; thence West at right angle to said Highway #45 for a distance of
80.0 feet; thence North for a distance of 10.0 feet to a point; thence
Westerly at right angle to Highway #45 for a distance of 23.0 feet;
thence Northerly parallel with Highway #45 for a distance of 50.0 feet
to a point; thence East at right angle to said Highway for a distance of
103.0 feet to the Point of Beginning, being the same land purchased from
Russell Clark Lumber Company by deed recorded in Book 94, Page 424.
together with all and singular the improvements situated thereon and
hereditaments and appurtenances thereunto belonging.
Title to said property is presumed to be good but I will convey only
such title as is vested in me as Trustee.
The aforesaid property will be sold and conveyed without covenants of
representation or warranty, and subject to taxes, if any, which may be
outstanding.
WITNESS MY SIGNATURE this the 9th day of January, 2023.
/s/ JOHN R. GUNN, Trustee
JOHN R. GUNN - MSB # 5069
ATTORNEY AT LAW
POST OFFICE BOX 1154
WAYNESBORO, MS 39367
(601) 735-3440
POSTED: January 9, 2023
PUBLISHED: January 12, 19, 26, February 2, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF ANNIE MARY MCILWAIN WELLS, DECEASED
CHRISTOPHER MCILWAIN AND JOHN MCILWAIN, PETITIONERS
CAUSE NO.:22-261
NOTICE TO CREDITORS OF THE ESTATE OF ANNIE MARY MCILWAIN WELLS
Letters Testamentary having been granted on the January 5, 2023, by the
Chancery Court of WAYNE County, Mississippi, to the undersigned,
Christopher McIlwain and John McIlwain, of the Estate of ANNIE MARY
MCILWAIN WELLS, 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 publication of this notice, or they will be forever
barred.
THIS the 5th day of Jan., 2023.
/s/CHRISTOPHER MCILWAIN
CHRISTOPHER MCILWAIN
/s/JOHN MCILWAIN
JOHN MCILWAIN
Publish: Jan. 19, 26 & Feb. 02, 2023
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
STATE OF MISSISSIPPI
COUNTY OF
Wayne
WHEREAS, on the 8th day of November, 2017, Christopher Clark and Wife,
Naomi J Clark, as tenants by the entirety with full right of
survivorship and not as tenants in common, executed and delivered a
certain Deed of Trust unto Timios, Inc., Trustee for Mortgage Electronic
Registration Systems, Inc. as nominee for Nations Lending Corporation,
Beneficiary, to secure an indebtedness therein described, which Deed of
Trust is recorded in the office of the Chancery Clerk of Wayne County,
Mississippi in Instrument# 201703950; and
WHEREAS, on the 3rd day of March, 2022, Mortgage Electronic Registration
Systems, Inc. as nominee for Nations Lending Corporation, assigned said
Deed of Trust unto Nations Lending Corporation, by instrument recorded
in the office of the aforesaid Chancery Clerk in Instrument#
202200623; and
WHEREAS, on the 31st day of August, 2022 the Holder of said Deed of
Trust substituted and appointed Dean Morris, LLC as Substitute Trustee
by instrument recorded in the office of the aforesaid Chancery Clerk in
Instrument# 202202801; 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 9th day of February,
2023, 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 Wayne County Courthouse, 609 Azalea Drive at Waynesboro, Mississippi,
for cash to the highest bidder, the following described land and
property situated in Wayne County, Mississippi, to-wit:
THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED AND SITUATED IN WAYNE
COUNTY, MISSISSIPPI, TO-WIT:
COMMENCING AT THE SOUTHWEST CORNER OF THE SE1/4 OF SW1/4 OF SECTION 7,
TOWNSHIP 6 NORTH, RANGE A WEST IN WAYNE COUNTY, MISSISSIPPI; THENCE RUN
NORTH ALONG THE WEST LINE OF SAID FORTY FOR 1110.0 FEET TO THE NORTHWEST
CORNER OF THE VIVIAN PITTS STEVENS PROPERTY, BEING THE POINT OF
BEGINNING OF THE LAND TO BE DESCRIBED; THENCE RUN SOUTH ALONG SAID WEST
LINE FOR 540.0 FEET; THENCE RUN EAST FOR 525 FEET, MORE OR LESS, TO THE
CENTER LINE OF THE WILLIE MAE PITTS ROAD; THENCE RUN IN A NORTHWESTERLY
DIRECTION ALONG THE MEANDERING OF THE CENTER LINE OF SAID ROAD FOR 600
FEET, MORE OR LESS, TO THE NORTH LINE OF SAID VIVIAN PITTS STEVENS
PROPERTY; THENCE RUN WEST ALONG SAID NORTH LINE FOR 290 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING, CONTAINING 5.0 ACRES, MORE OR LESS.
LAND BEING SITUATED IN THE SE1/4 OF SW1/4 OF SECTION 7, TOWNSHIP 6
NORTH, RANGE 8 WEST IN WAYNE COUNTY, MISSISSIPPI.
BEING THE SAME PROPERTY CONVEYED TO CHRISTOPHER CLARK AND WIFE, NAOMI J.
CLARK, AS TENANTS BY THE ENTIRETY WITH FULL RIGHT OF SURVIVORSHIP AND
NOT AS TENANTS IN COMMON BY DEED FROM NAOMI J. CLARK, F/K/A NAOMI J.
TILLMAN RECORDED 04/06/2015 IN INSTRUMENT 201500989, IN THE OFFICE OF
THE CHANCERY CLERK OF WAYNE COUNTY, MISSISSIPPI.
ALSO ENCUMBERING THE FOLLOWING MANUFACTURED HOME: 2011 Deer Valley Model
4078, 152 x 76, Serial No. DVAL11104290ABDV8015B
2011 Deer Valley Model 4078, 152' x 76', Serial No.
DVAL11104290ABDV8015B
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this 9th day of January, 2023.
Dean Morris, LLC
Substitute Trustee
855 S Pear Orchard Rd., Ste. 404, Bldg. 400
Ridgeland, MS 39157
(318) 330-9020
kmp/F22-0560
PUBLISH: 1-19-23 / 1-26-23 / 2-2-23
PUBLIC NOTICES
"ABANDONED VEHICLE"
YEAR, MAKE, MODEL: 2007 GMC SIERRA
VIN: 2GTEC13V071115349
PLACE: STACEY'S WRECKER SERVICE LLC
919 WAYNE ST
WAYNESBORO, MS 39367
601-735-2008
TO BE SOLD ON: 2-15-2023
TIME: 9:00 A.M.
Publish: Jan. 19, 26 & Feb. 02, 2023
ADVERTISEMENT FOR BID
Infrastructure Wiring and Cabling Project
BID NUMBER
10440
The Wayne County Board of Education will accept sealed bids at the
Office of the Superintendent of Education, 810 Chickasawhay Street
Waynesboro, MS 39367, until 12:00 PM CST, Tuesday, February 14, 2023,
for Infrastructure Wiring and Cabling Project, for the Wayne County
School District, beginning July 1, 2023 and ending June 30, 2024.
Complete bid specifications may be obtained by contacting Thomas Beard @
the Wayne County Technology Department, 601-735-1766 or email:
beardt@wcsdms.com or by visiting
https://www.wcsdms.com/district/request-for-proposals.
All bids should be signed and in a sealed envelope with the company name
and bid number on the front of the envelope. Bids will be opened at
2:00 PM CST, Tuesday, February 14, 2023 at the Office of the
Superintendent of Education, 810 Chickasawhay Street, Waynesboro, MS
39367. The Wayne County School District reserves the right to accept
all or part of a bid from one vendor.
The Board reserves the right to reject any and all bids.
Wayne County School District
Tommy Branch
Superintendent of Education
PUBLICATION DATES: January 19, 2023 & January 26, 2023
Wayne County School District does not discriminate on the basis of race,
color, religion, national origin, sex, age, or disability in providing
educational programs and services or employment opportunities and
benefits. The following person has been designated to handle inquiries
and complaints regarding the non-discrimination policies of the school
district: Mrs. Lynn Revette, Assistant Superintendent of Education, 810
Chickasawhay Street, Waynesboro, MS 39367 (601) 735-4871 Phone:
800-368-1019 Toll Free: 800-537-7697 Email: OCRMail@hhs.gov
ADVERTISEMENT FOR BIDS
Notice is hereby given that the Board of Supervisors of Wayne County,
Mississippi, acting for and on behalf of WAYNE COUNTY DISTRICT 3, of
said county and state, will receive sealed bids at the courthouse in the
city of Waynesboro, Mississippi, Wayne County until 10:00 a.m. on the
16th day of February, 2023 for and on behalf of WAYNE COUNTY DISTRICT 3,
the sale of the following described property, to wit:
ONE USED 2005 FORD F150 PICKUP ICC#303-096 VIN# 1FTPF12V96NB21455
The board reserves the right to reject all bids and/or to waive
informalities.
So ordered this the 12TH day of January, 2023.
/s/ Geary Jackson
Geary Jackson, Chancery Clerk
Publish: January 19 & January 26, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ANCILLARY ADMINISTRATION OF THE ESTATE OF ARNET
WEST, DECEASED
CATHERINE WEST JOHNSON, PETITIONER
CAUSE NO. 2023 -04
NOTICE TO CREDITORS
Letters of Ancillary Administration having been granted on the 13th
day of January, 2023, by the Chancery Court of Wayne County,
Mississippi, to the undersigned, Catherine West Johnson, as Personal
Representative of the Estate of Arnet West, deceased, in Cause No.
2023-04, notice is hereby given to all persons having claims against the
said estate to present the same to the Clerk of the said Court for
probate and registration according to law within ninety (90) days from
the first publication of this notice or they will be forever barred.
THIS the 13th day of January, 2023.
/s/ Catherine West Johnson
CATHERINE WEST JOHNSON,
Personal Representative of the Estate of
Arnet West, deceased
JOHN R. GUNN - MSB #5069
Attorney For Personal Representative
Post Office Box 1154
Waynesboro, MS 39367
Telephone: (601) 735-3440
Facsimile: (601) 735-4141
Publication Dates: January 19, 26, & February 2, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE
OF JAMES THOMAS WEST, DECEASED
77CH1:2023-CV-05
SUMMER DANIELE HENSON ATKINSON, EXECUTRIX
NOTICE TO CREDITORS
Letters Testamentary having been granted on the 13th day of January,
2023, by the Chancery Court of Wayne County, Mississippi, to the
undersigned, Summer Daniele Henson Atkinson, Executrix, upon the Estate
of JAMES THOMAS WEST, deceased, in 77CH1:2023-CV-05, notice is hereby
given to all persons having claims against the said estate to present
the same to the Clerk of the said Court for probate and registration
according to law within ninety (90) days from the first publication of
this notice or they will be forever barred.
THIS the 13th day of January, 2023.
/s/ SUMMER DANIELE HENSON ATKINSON, Executrix
JOHN R. GUNN - MSB #5069
Attorney For Executrix
Post Office Box 1154
Waynesboro, MS 39367
Telephone: (601) 735-3440
Facsimile: (601) 735-4141
Publication Dates: January 19, 26, & February 2, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
ASHLEY MCGILL and GEORGE MCGILL, PETITIONERS
VERSUS
SHELBY SMITH, Natural Mother, and UKNOWN NATURAL FATHER(S, RESPONDENTS
CAUSE NO. 2021-215
RULE 81
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
TO: UNKNOWN NATURAL FATHER(S) WHEREVER HE MAY BE FOUND
NOTICE TO RESPONDENT(S)
You have been made a Respondent in the Petition filed in this Court by
the Petitioners seeking termination of parental rights.
You are summoned to appear and defend against said Petition for
Termination of Parental Rights regarding the minor child JRS born to
Shelby Smith in November , 2015, at 9:00 o'clock A.M. on the 21st day
of February, 2023, in the courtroom of the Wayne County Chancery
Courthouse at Waynesboro, Mississippi, 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 complaint or petition.
You are not required to file an answer or other pleading but you may do
so if you desire.
Issued under my hand and the seal of said Court, this 17th day of
January, 2023.
GEARY JACKSON
Wayne County, Mississippi Chancery Clerk
By: BRENDA MILLS
Deputy Clerk
PUBLISH: JAN. 19, 26 & FEB. 02, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
ASHLEY MCGILL and GEORGE MCGILL, PETITIONERS
VERSUS
SHELBY SMITH, Natural Mother, and UKNOWN NATURAL FATHER(S, RESPONDENTS
CAUSE NO. 2021-215
RULE 81
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
TO: SHELBY SMITH, WHEREVER SHE MAY BE FOUND
NOTICE TO RESPONDENT(S)
You have been made a Respondent in the Petition filed in this Court by
the Petitioners seeking termination of parental rights.
You are summoned to appear and defend against said Petition for
Termination of Parental Rights regarding the minor child JRS born to
Shelby Smith in November, 2015, at 9:00 o'clock A.M. on the 21st day
of February, 2023, in the courtroom of the Wayne County Chancery
Courthouse at Waynesboro, Mississippi, 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 complaint or petition.
You are not required to file an answer or other pleading but you may do
so if you desire.
Issued under my hand and the seal of said Court, this 17th day of
January, 2023.
GEARY JACKSON
Wayne County, Mississippi Chancery Clerk
By: BRENDA MILLS
Deputy Clerk
PUBLISH: JAN. 19, 26 & FEB. 02, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE CUSTODY OF AJA, a male minor child
ANGELA ATCHISON, Maternal Grandmother and Next Friend of AJA, PETITIONER
VS.
MORGAN B. ATCHISON, Natural Mother of AJA, BRADLEY RICHARDSON, Proposed
Natural Father of AJA, and UNKNOWN NATURAL FATHER(S), RESPONDENTS
CAUSE NO.: 2023-08
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
COUNTY OF WAYNE
TO: BRADLEY RICHARDSON
YOU ARE HEREBY NOTIFIED OF A COURT PROCEEDING IN WHICH YOU ARE THE
RESPONDENT.
You are summoned to appear and defend against an Amended Petition for
Custody of the minor child AJA born to Morgan B. Atchison, born March,
2018. Said custody action shall take place at 9:00 A.M., on the 21st
day of February, 2023, in the courtroom of the Wayne County Courthouse,
Waynesboro, Mississippi, and in case of your failure to appear and
defend a judgment will be entered against you for the things demanded in
the Amended Petition.
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 Court, this the 17th day of January,
2023.
GEARY JACKSON
Chancery Clerk of Wayne County, MS
By: BRENDA MILLS
Deputy Clerk
(SEAL)
PUBLISH: January 19, 2023, January 26, 2023 & February 2, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE CUSTODY OF AJA, a male minor child
ANGELA ATCHISON, Maternal, Grandmother and Next Friend of AJA,
PETITIONER
VS.
MORGAN B. ATCHISON, Natural Mother of AJA, BRADLEY RICHARDSON, Proposed
Natural Father of AJA, and UNKNOWN NATURAL FATHER(S) , RESPONDENTS
CAUSE NO.: 2023-08
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
COUNTY OF WAYNE
TO: UNKNOWN NATURAL FATHER(S)
YOU ARE HEREBY NOTIFIED OF A COURT PROCEEDING IN WHICH YOU ARE THE
RESPONDENT.
You are summoned to appear and defend against an Amended Petition for
Custody of the minor child AJA born to Morgan B. Atchison, born March,
2018. Said custody action shall take place at 9:00 A.M., on the 21st
day of February, 2023, in the courtroom of the Wayne County Courthouse,
Waynesboro, Mississippi, and in case of your failure to appear and
defend a judgment will be entered against you for the things demanded in
the Amended Petition.
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 Court, this the 17th day of January,
2023.
GEARY JACKSON
Chancery Clerk of Wayne County, MS
By: BRENDA MILLS
Deputy Clerk
(SEAL)
PUBLISH: January 19, 2023, January 26, 2023 & February 2, 2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF NANCY MARTIN, DECEASED
CAUSE NO. 2022-244
WILBUR JUSTIN MARTIN, III, ADMINISTRATOR
STATE OF MISSISSIPPI
COUNTY OF WAYNE
SUMMONS
THE STATE OF MISSISSIPPI
TO: KNOWN AND UNKNOWN HEIRS-AT-LAW OF NANCY MARTIN, DECEASED, and to any
other persons or parties claiming any right, title or interest in and to
the Estate of Nancy Martin, deceased.
You have been made Respondents in the suit filed in this Court by Wilbur
Justin Martin, III, Administrator.
The Petition to Determine Heirs filed against you has initiated a
civil action seeking to have Wilbur Justin Martin, III and Addison
Nicholson Martin adjudicated and decreed by this Court to be the sole
and only heirs-at-law of Nancy Martin, deceased, as fully set out in the
Petition on file.
YOU ARE SUMMONED TO APPEAR AND DEFEND AGAINST THE PETITION TO DETERMINE
HEIRS FILED AGAINST YOU IN THIS ACTION AT 9:00 A.M. ON THE 28th DAY
OF MARCH, 2023, IN THE CHANCERY COURTROOM OF THE WAYNE COUNTY
COURTHOUSE, IN WAYNESBORO, MISSISSIPPI, AND IN CASE OF YOUR FAILURE TO
APPEAR AND DEFEND, A JUDGMENT WILL BE ENTERED AGAINST YOU FOR THE RELIEF
DEMANDED IN THE PETITION.
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 17th day of
January, 2023.
WAYNE COUNTY CHANCERY CLERK
BY: /s/Brenda Mills D.C.
Publication Dates: January 26, 2023, February 2, 2023; and February 9,
2023
IN THE CHANCERY COURT OF WAYNE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF NANCY MARTIN, DECEASED
WILBUR JUSTIN MARTIN, III, ADMINISTRATOR
CAUSE NO. 2022-244
NOTICE TO CREDITORS
Letters of Administration having been granted on the 14th day of
November, 2022, by the Chancery Court of Wayne County, Mississippi, to
the undersigned Administrator upon the Estate of Nancy Martin, 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 the law within ninety (90) days from the first
publication of this notice or they will be forever barred.
This the 18th day of January, 2023.
/s/ Wilbur Justin Martin, III
WILBUR JUSTIN MARTIN, III,
Administrator of the Estate of
Nancy Martin, deceased
Dates of Publication: 1/26/2023; 2/2/2023; and 2/9/2023
IN THE STATE OIL AND GAS BOARD OF MISSISSIPPI
RE: PETITION OF DENBURY ONSHORE, LLC, FOR REFORMATION OF THE UNIT FOR
THE WAUSAU SOUTHERN LUMBER CO. 12-3 NO. 2 ST 1 WELL TO A REGULAR 40 ACRE
UNIT FOR PRODUCTION FROM THE UPPER TUSCALOOSA FORMATION, IN THE EAST
EUCUTTA FIELD, WAYNE COUNTY, MISSISSIPPI DOCKET NO. 78-2023-D
PUBLIC NOTICE
TAKE NOTICE that Denbury Onshore, LLC has filed a Petition with the
State Oil and Gas Board of Mississippi under Docket No. 78-2023-D
requesting authority to reform the unit for the Wausau Southern Lumber
Co. 12-3 No. 2 ST1 Well ("the Well") in the East Eucutta Field,
Wayne County, Mississippi, for oil production from the Upper Tuscaloosa
Oil Pool and for other relief as set forth in the Petition. The surface
location is regular as follows:
Township 9 North, Range 9 West
Wayne County, Mississippi
2,307' FWL and 330' FNL of Section 12
The 80 acre unit presently allocated to the Well is as follows:
TOWNSHIP 9 NORTH, RANGE 9 WEST
WAYNE COUNTY, MISSISSIPPI
Section 1: E1/2 of the SW1/4
The proposed unit after reformation of the Well will be as follows:
TOWNSHIP 9 NORTH, RANGE 9 WEST
WAYNE COUNTY, MISSISSIPPI
Section 12:
The NE1/4 of the NW1/4 containing 40 acres, more or less.
The Petition will be heard by the Board at 9:00 a.m. on February 15,
2023, at 500 Greymont Avenue, Suite E, Jackson, Mississippi 39202, at
which time and place you may appear and contest said matter.
If you intend to contest the docket or request a continuance, you must
notify the Board and the Petitioner's representative of your intention
in writing not later than 5:00 p.m. on February 7, 2023, which is not
later than seven (7) days prior to the date stated above for the
hearing. Failure to so notify the Board and the Petitioner shall be a
waiver of your right to contest or request a continuance.
You are advised the Board may adopt orders concerning a Petition which
may differ from the relief requested by the Petitioner and the Board
will enter such order or orders as in its judgment may be appropriate in
accordance with the evidence presented.
DATED this 23rd day of January, 2023.
STATE OIL AND GAS BOARD OF MISSISSIPPI
By: /s/ Jess New
Jess New
Executive Director
PETITIONER'S COUNSEL:
William F. Blair
BLAIR & BONDURANT, P.A.
Post Office Box 321423
Jackson, MS 39232
(601) 992-4477
Publish: 01/26/23
NOTICE OF NOTE SALE
$250,000
TOWN OF STATE LINE, MISSISSIPPI
NOTICE IS HEREBY GIVEN that the Mayor and Board of Alderman (the
"Governing Body") of Town of State Line, Mississippi (the
"Town") will receive sealed bids in the Office of the Town Clerk in
Town Hall located at 229 Main Street, State Line, Mississippi 39362
until the hour of 4:00 p.m. on February 7, 2023, for the purchase at not
less than par of its $250,000 Negotiable Note, Series 2023 (the
"Note"), at which time said bids will be publicly opened by the
Office Clerk for further presentation to the Mayor and Board of Aldermen
of the Town at their meeting set for 7:00 p.m. on February 7, 2023, to
be held in its regular meeting place located at Town Hall, 229 Main
Street, State Line, Mississippi 39362.
The Note shall mature as to principal and interest in five (5)
approximately equal installments due annually from the date of issuance
thereof, commencing on the first anniversary of the date of issuance of
the Note. Interest on the Note will be computed on the basis of a
360-day year consisting of twelve 30-day months. The terms and
conditions of the Note and the form of the Note shall be those agreed
upon between the Town and the successful bidder for the Note and shall
be in conformance with the Act and the Resolution of Intent (both
hereafter defined).
Principal and interest will be payable by check, draft or electronic
fund transfer of the Town as the paying and transfer agent for the Note
(the "Paying and Transfer Agent") made payable to the registered
owner of the Note named in and mailed to the address or otherwise
delivered to the appropriate destination appearing on the registration
books of the Town kept and maintained by the Paying and Transfer Agent.
The Note will be subject to redemption prior to maturity, at the option
of the Town, in whole or in part, on any date, at the principal amount
thereof together with accrued interest to the date fixed for redemption
and without premium. Notice of each such redemption shall be given not
less than two (2) business days prior to the redemption date, to the
registered owner of the Note to be redeemed at the address appearing on
the registration books of the Town maintained by the Paying and Transfer
Agent.
The Note will be issued pursuant to the provisions of Sections 17-21-51
through 17-21-55, Mississippi Code of 1972, as amended and supplemented
from time to time (the "Act"). The Note is being issued to raise
money for the purpose of paying costs incurred by the Town as a result
of a natural disaster, including, but not limited to, costs of debris
removal and disposal, overtime wages paid to public employees, and the
repair or replacement of public streets, roads and bridges, storm
drains, water and sewer facilities and other public buildings,
facilities and equipment or for any other purpose for which the
Governing Body is otherwise authorized by law to issue bonds, notes or
certificates of indebtedness, including paying the costs of issuance
thereof.
The Note shall be a general obligation of the Town, and the full faith,
credit and resources of the Town are hereby irrevocably pledged for the
payment of the principal of and interest on the Note. For the purposes
of effectuating and providing for the payment of the principal of and
interest on the Note, as the same shall respectively mature and accrue,
there shall be levied a direct, continuing special tax upon all of the
taxable property within the geographical limits of the Town, adequate
and sufficient, after allowance shall have been made for the expenses of
collection and delinquencies in the payment of taxes, to produce sums
required for the payment of the principal of and the interest on the
Note; 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 Note Fund established for the Note, or has
made other provisions for funds, to be applied toward the payment of the
principal of and interest on the Note due during the ensuing fiscal year
of the Town. Said tax shall be extended upon the tax rolls and collected
in the same manner and at the same time as other taxes of the Town are
collected, and the rate of tax which shall be so extended shall be
sufficient in each year fully to produce the sums required as aforesaid,
without limitation as to rate or amount. The avails of said tax shall be
irrevocably pledged for the payment of the principal of and interest on
the Note as the same shall mature and accrue.
The Note is to be sold at par and is to be awarded to the bidder
complying with the terms hereof and offering to purchase the Note at the
lowest rate of interest to the Town. The Note shall bear only one rate
of interest as specified in the bid which it will bear from its date to
its stated maturity date. The rate of interest on the Note shall not
exceed eleven percent (11%) per annum. Bidders must acknowledge in their
respective bids that, contemporaneously with or prior to delivery of the
Note, the Town shall receive from the successful bidder a document in
form and substance satisfactory to the Town to the effect that:
the successful bidder is purchasing the Note for its own account for the
purpose of investment and not with a view towards distribution or
resale;
the bidder has knowledge and experience in financial matters and it is
capable of evaluating the merits and risks of purchasing the Note;
the bidder has read and fully understands the resolutions under which
the Note is issued;
the bidder has had an opportunity to obtain and has received from the
Town all of the information, documents and materials which it regards as
necessary to evaluate the merits and risks of its purchase of the Note;
the bidder recognizes that Young Law Group, PLLC ("Special Counsel")
is not responsible for any information contained in or omitted from
materials regarding the Town and the Note and acknowledges that it does
not look to Special Counsel to obtain such information on its behalf;
and
while it has no present intention to resell or otherwise dispose of all
or any part of the Note purchased by it, the bidder assumes
responsibility for disclosing all material information in compliance
with all applicable federal and state security laws in the event of its
resale of the Note.
All bids must be enclosed in a sealed envelope and should be addressed
to the Governing Body, at their offices located at Town Hall, 229 Main
Street, State Line, Mississippi 39362, attention: Penny Lucas, Interim
Town Clerk, State Line, Mississippi and worded on the outside, in
substance, "Bid for Town of State Line, Mississippi Taxable Negotiable
Note, Series 2023". ALL BIDS MUST BE UNCONDITIONAL.
The Governing Body reserves the right to reject any or all bids as well
as the right to waive any irregularity or informality in any bid. All
bids shall be submitted on an Official Bid Form, which may be obtained
from Penny Lucas, Interim Town Clerk, State Line, Mississippi, 229 Main
Street, State Line, Mississippi 39362 telephone: (601) 848-7755.
In the opinion of Special Counsel, interest on the Note is included in
gross income for federal income tax purposes (i.e., federally taxable).
However, the Note and interest thereon are exempt from all income taxes
imposed by the State of Mississippi.
The final approving opinion of Special Counsel relating to the validity
of the Note, together with a non-litigation certificate of the Town
dated the date of delivery of the Note, and a transcript of the
proceedings relating to the Note will be delivered to the successful
bidder without charge.
The successful bidder will be given at least seven (7) business days
advance notice of the proposed date of delivery of the Note when that
date has been tentatively determined. The Note will be delivered in
State Line, Mississippi or such other place as the Governing Body shall
designate and payment therefor shall be made in federal or other
immediately available funds.
The successful bidder shall have the right, at its option, to cancel its
agreement to purchase the Note if the Note to be delivered by the Town
in accordance with the preceding paragraph is not tendered for delivery
within sixty (60) days from the date of sale thereof. The Town shall
have the right, at its option, to cancel its agreement to sell the Note
if within five (5) days after the tender of the Note for delivery the
successful bidder shall not have accepted delivery of and paid for the
Note.
Further information may be obtained from Penny Lucas, Interim Town
Clerk, State Line, Mississippi, 229 Main Street, State Line, Mississippi
39362 telephone: (601) 848-7755.
DATED: January 17, 2023.
TOWN OF STATE LINE, MISSISSIPPI
By: /s/ Willie Miller
Mayor
Publish: Jan. 26 2023
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