SUBSTITUTED TRUSTEE’S NOTICE OF SALE
WHEREAS, effective as of August 31, 2017, Capel Vascular Center, LLC, a Mississippi limited liability company ("Capel Vascular") and Capel Surgical Clinic, LLC, a Mississippi limited liability company ("Capel Surgical" and together with Capel Vascular, collectively, the "Borrowers") executed that certain Deed of Trust (the "Deed of Trust") to Robert Thomas, as trustee (the "Original Trustee”), for the use and benefit of benefit of The Citizens Bank of Philadelphia, a Mississippi banking corporation (the "Beneficiary"), which instrument was recorded in the Office of the Chancery Clerk of Leflore County, Mississippi (the “Recording Office”) on August 31, 2017, at Book 0834, Page 466; and,
WHEREAS, as of July 12, 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 17, 2019, at Book 0865, Page 574, and thereafter spread upon the land records maintained by the Chancery Clerk of Leflore 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 Thursday, October 24, 2019, offer for sale at public outcry at the South front door of the Leflore County Courthouse, located at 310 West Market Street, Greenwood, Mississippi, to the highest and best bidder for cash, the following described real property situated in Leflore County, Mississippi, to-wit:
Lots One (1) and Four (4) of Block Eleven (11) of the Douglas Part of the City of Greenwood, Leflore County, Mississippi, as same is shown upon the map of said Douglas Part recorded in Book 26 at page 179 of the Land Deed Records of Leflore County, Mississippi.
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 Borrowers' right, title and interest in the following described personal property that may be located upon the Premises and/or may exist in association with Borrowers' use and enjoyment of the Premises, the Borrowers having granted Beneficiary a security interest in said personal property pursuant to the Deed of Trust and/or other security instruments:
All of Borrowers’ right, title and interest in and to all of the following:
(1). All buildings, improvements and fixtures; all easements, rights of way and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties and profits relating to the Premises, including without limitation, all minerals, oil, gas, geothermal and similar matters;
(2). All equipment, fixtures, instruments, chattel paper and general intangibles;
(3). All rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or other security deposits, advance rentals, profits and proceeds of the Premises, and all other payments and benefits derived from leases of every kind and nature, including Borrowers' right to enforce such leases and to receive and collect payment and proceeds thereunder; and,
(4). All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to the foregoing property; all products and produce of the foregoing property; all proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the foregoing property, and sums due from a third party who has damaged or destroyed any such property or from that party's insurer, whether due to judgment, settlement or other process; and all records and data relating to any of the foregoing property, whether in the form of a writing, photograph, microfilm, microfiche or electronic media, together with all of Borrowers' right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
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 27th day of September, 2019.
/s/ Alan Lee Smith
ALAN LEE SMITH, acting
solely in my capacity as
Baker, Donelson, Bearman,
Caldwell & Berkowitz, P.C.
Attn: Alan Lee Smith, Esq.
P.O. Box 14167
Jackson, Mississippi 39236
Real Property Name and Physical Address:
Capel Surgical Clinic & Vascular Center
408 East Washington Street, Suite B
Greenwood, MS 38930
October 2, 9, 16 & 23, 2019
NOTICE TO CREDITORS
IN THE CHANCERY COURT OF LEFLORE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF LILLIAN MAXINE MALIER, DECEASED
CAUSE NO. 19-pr-73
ANGELA M. SIMS
Letters of Administration were granted and issued to the undersigned as Administratrix of the Estate of LILLIAN MAXINE MALIER, Deceased, by the Chancery Court of Leflore County, Mississippi, on the 4th day of October, 2019, and notice is hereby given to all persons having claims against the Estate of said LILLIAN MAXINE MALIER, Deceased, to present the same to the Clerk of said Chancery Court of Leflore County, Mississippi, for probate and registration according to law within ninety (90) days from the date of the first publication of this notice or they will be forever barred.
WITNESS MY SIGNATURE on this the 10th day of October, 2019.
/s/ Angela M. Sims
ANGELA M. SIMS
BURGOON & OAKES, P.C.
107 Fulton St.
P.O. Drawer 1640
Greenwood, MS 38930
October 16, 23 & 30, 2019