June 13th, 2012
SUBSTITUTED TRUSTEE'S
NOTICE OF SALE
WHEREAS, on June 28, 1991, Raymond E. Thomas, single and Cenoel Thomas, single and Henrietta Reed, single executed a certain deed of trust to Robert G. Barnett, Trustee for the benefit of Deposit Guaranty Mortgage Company which deed of trust is of record in the office of the Chancery Clerk of Yazoo County, State of Mississippi in Book 165B at Page 341; and
WHEREAS, Safety-Guard Mfg, Co., Inc. obtained interest in subject property by Quitclaim Deed dated December 7, 1998 and recorded in Book 261A at Page 545 of the aforesaid Chancery Clerk's Office; and
WHEREAS, said Deed of Trust was subsequently assigned to MidFirst Bank by instrument dated July 17, 1999 and recorded in Book 251B at Page 773 of the aforesaid Chancery Clerk's office; and
WHEREAS, MidFirst Bank has heretofore substituted J. Gary Massey as Trustee by instrument dated January 20, 2000 and recorded in the aforesaid Chancery Clerk's Office in Book 252B at Page 655; 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, MidFirst Bank, 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, J. Gary Massey, Substituted Trustee in said deed of trust, will on June 20, 2012 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 South Door of the County Courthouse of Yazoo County, located at Yazoo City, Mississippi, to the highest and best bidder for cash the following described property situated in Yazoo County, State of Mississippi, to-wit:
Lot 37 of 2nd Homeland Subdivision, Part of Lot 321 of Lintonia Addition to Yazoo City, Mississippi, according to map or plat of same recorded in Plat Book 6 at Page 10, of the Records of Plats of Yazoo County, Mississippi.
I WILL CONVEY only such title as vested in me as Substituted Trustee.
WITNESS MY SIGNATURE on this 15th day of May, 2012.
J. Gary Massey
SUBSTITUTED TRUSTEE
Shapiro & Massey, L.L.C.
1910 Lakeland Drive
Suite B
Jackson, MS 39216
(601)981-9299
1402 Elise Avenue
Yazoo City, MS 39194
02-0043JC
No. 270 (May 23, 30, June 6, and 13, 2012)
IN THE CHANCERY COURT OF YAZOO COUNTY, MISSISSIPPI
IN THE MATTER OF THE
ESTATE OF LAWRENCE B.
MARTIN, DECEASED
CIVIL ACTION FILE NO. 12-0085
NOTICE TO CREDITORS
Letters Testamentary having been granted on the 17th day of May, 2012, by the Chancery Court of Yazoo County, Mississippi, to the undersigned upon the Estate of Lawrence B. Martin, deceased, 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 date of first publication of this Notice, or they will be forever barred.
his the 21st day of May 2012. SIGNED: BRENDA M. MAGEE
BRENDA M. MAGEE, EXECUTRIX OF THE ESTATE OF LAWRENCE B. MARTIN, DECEASED
Paul David Hastings (MSB #2075)
Attorney for Executrix
321 Highway 51 - Suite B
Ridgeland, Mississippi 39157
Tel: (601) 607-2996
Fax: (601) 607-2997
Email:
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No. 275 (May 30, June 6 & 13, 2012)
Substitute Trustee’s
Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF Yazoo
WHEREAS, on the 23rd day of June, 2005 and acknowledged on the 23rd day of June, 2005, Cedric D. Hansford, Sr., Felicia L. Hansford, Husband and Wife, executed and delivered a certain Deed of Trust unto Jim Johnson, Trustee for Mortgage Electronic Registration Systems, Inc. as nominee for American Brokers Conduit, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Yazoo County, Mississippi in Book 326B at Page 659; and
WHEREAS, on the 9th day of May, 2011, Mortgage Electronic Registration Systems, Inc. as nominee for American Brokers Conduit, assigned said Deed of Trust unto Wells Fargo Bank, NA, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 392B at Page 467; and
WHEREAS, on the 21st day of April, 2011, the Holder of said Deed of Trust substituted and appointed Sean A. Southern as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 397B at Page 30; 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 27th day of June, 2012, 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 corner of Washington Street and Highway 149 (209 East Broadway, Yazoo City) front door of the Yazoo City Courthouse, being the south door at Yazoo City, Mississippi, for cash to the highest bidder, the following described land and property situated in Yazoo County, Mississippi, to-wit:
Lots One Hundred Fifty-Three (153), One Hundred Fifty-Four (154) and One Hundred Fifty-Five (155) of Fairground Subdivision of Lots Fifteen (15), Sixteen (16) and Seventeen (17) of Lintonia Plantation, a subdivision according to the official map or plat thereof on file and of record in the office of the Chancery Clerk of Yazoo County, Mississippi, in Plat Book 1 at Pages 5-6 thereof, reference to which is hereby made in aid of and as a part of this description.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this 23rd day of April, 2012.
Sean A. Southern
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
FM/F11-0609
No. 277 ( 6-6-12 / 6-13-12 /
6-20-12)
SUBSTITUTE TRUSTEE'S
NOTICE OF SALE
WHEREAS, on May 28, 1997, LINDA L. WESTBROOK executed a Deed of Trust to FRANK A. RILEY as Trustee for the benefit of BANK OF MISSISSIPPI, which Deed of Trust was filed on May 29, 1997 and recorded in Book 221B at Page 16 in the Office of the Chancery Clerk of Yazoo County, Mississippi; and
WHEREAS, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the current Beneficiary of said Deed of Trust, substituted RECONTRUST COMPANY, N.A. as Trustee therein, as authorized by the terms thereof, as evidenced by an instrument recorded Book 402B at Page 723 in the Office of the Chancery Clerk of Yazoo County, Mississippi; 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, and the legal holder of said indebtedness, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, having requested the undersigned Substitute 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, Substitute Trustee's fees and expenses of sale.
NOW, THEREFORE, RECONTRUST COMPANY, N.A., Substitute Trustee, will on June 27, 2012, offer for sale at public outcry to the highest bidder for cash, within legal hours (between the hours of 11:00 a.m. - 4:00 p.m.) at the South front door of the Yazoo County Courthouse in Yazoo City, Mississippi, the following-described property:
LOT 6 OF THE SUBDIVISION OF LOT 336 OF LINTONIA ADDITION TO YAZOO CITY, MISSISSIPPI, ACCORDING TO THE MAP OR PLAT OF SAID SUBDIVISION RECORDED IN PLAT BOOK 3 AT PAGE 7 OF THE RECORDS OF THE CHANCERY CLERK OF YAZOO COUNTY, MISSISSIPPI.
"THE FUNDS DERIVED FROM THIS INDEBTEDNESS SECURED BY THIS DEED OF TRUST HAVE BEN USED ENTIRELY TO PAY ALL OR PART OF THE PURCHASE PRICE OF THE DESCRIBED PROPERTY."
RECONTRUST COMPANY, N.A. will convey only such title as vested in it as Substitute Trustee.
WITNESS my signature on this 4th day of June, 2012.
RECONTRUST COMPANY, N.A., SUBSTITUTE TRUSTEE
2380 Performance Dr,
TX2-984-0407
Richardson, TX 75082
Telephone No. (800) 281-8219
By: M. Memar
5-7-2012
Title: Mahtab Memar AVP
RECONTRUST COMPANY, N.A., SUBSTITUTE TRUSTEE
2380 Performance Dr,
TX2-984-0407
Richardson, TX 75082
TS No.: 12 -0032473
PARCEL No. 3-278F-28-025.00
DHGW 70013G-1LL
No. 278 (June 6, 2012, June 13, 2012 & June 20, 2012)
Substitute Trustee’s
Notice of Sale
STATE OF MISSISSIPPI
COUNTY OF Yazoo
WHEREAS, on the 5th day of November, 2004 and acknowledged on the 5th day of November, 2004, Daniel H. Purvis aka Daniel Purvis and Holly C. Purvis, husband and wife, executed and delivered a certain Deed of Trust unto Charles A. Myers, Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Realty Mortgage Corporation, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Yazoo County, Mississippi in Book 317B at Page 591; and
WHEREAS, on the 26th day of September, 2011, Mortgage Electronic Registration Systems, Inc., as nominee for Realty Mortgage Corporation, assigned said Deed of Trust unto Wells Fargo Bank, NA, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 396B at Page 540; and
WHEREAS, on the 15th day of May, 2012, the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 403B at Page 0424; 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 27th day of June, 2012, 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 corner of Washington Street and Highway 149 (209 East Broadway, Yazoo City) front door of the Yazoo City Courthouse, being the south door at Yazoo City, Mississippi, for cash to the highest bidder, the following described land and property situated in Yazoo County, Mississippi, to-wit:
That certain two acres of land located in the Northwest 1/4 of Section 18, Township 12 North, Range 1 East of Yazoo County, Mississippi described as follows:
Beginning at a point on the South boundary of the Eden to Midway public road, said point being 1,727.6 feet East and 712.4 feet South of the Northwest corner of Section 18, Township 12 North, Range 1 East; thence South 2 degrees 08 minutes West 502.2 feet, thence South 89 degrees 39 minutes West 234.9 feet; thence North 16 degrees 47 minutes East 525.0 feet; thence North 89 degrees 39 minutes East 102.0 feet along South boundary of said public road to the point of beginning, containing 2.0 acres, more or less, in the Northwest 1/4 of said Section 18, in Yazoo County, Mississippi.
I will only convey such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE, this 4th day of June, 2012.
Emily Kaye Courteau
Substitute Trustee
2309 Oliver Road
Monroe, LA 71201
(318) 330-9020
FM/F11-2491
No. 279 (: 6-6-12 / 6-13-12 / 6-20-12)
SUMMONS BY PUBLICATION
IN THE CHANCERY COURT OF YAZOO COUNTY, MISSISSIPPI
IN THE MATTER OF ESTATE OF DIANA HONICUTT HARGON, DECEASED
CIVIL ACTION
FILE NO. 07-0082
SUMMONS
THE SATE OF MISSISSIPPI
TO: WILLIAM CHRISTOPHER (CHRIS) MCBRIDE, AN ADULT NON-RESIDENT OF THE STATE OF MISSISSIPPI, WHOSE POST OFFICE AND STREET ADDRESS IS P.O. BOX 224, PERDIDO, AL 35565;
TO: TINY TYLER MCBRIDE, A MINOR, UNDER THE AGE OF TWELVE YEARS, NON-RESIDENT OF THE STATE OF MISSISSIPPI, WHO RESIDES WITH HER FATHER AND NATURAL GUARDIAN, WILLIAM CHRISTOPHER (CHRIS) MCBRIDE, WHOSE POST OFFICE AND STREET ADDRESS IS P.O. BOX 224, PERDIDO, AL 35565, BY SERVICE UPON HER SAID FATHER AND NATURAL GUARDIAN, WILLIAM CHRISTOPHER (CHRIS) MCBRIDE.
You have been made a Respondent in the hereinafter petition filed in this Court by Quint Carver, Administrator, CTA of the Estate of Diana Honicutt Hargon, Deceased; Respondent(s) other than you in this action are, Mackenzie Diana Jenkins, and Kelsey Gail Jenkins.
You are summoned to appear and defend against said petition at 9:00 O’Clock A.M. on the 23rd day of July, 2012, in the Yazoo County Courthouse, 211 E. Broadway St., Yazoo City, Mississippi 39194, and then and there to show cause, if any you can, why the Petition For Approval And Allowance of First And Final Account, To Close Estate And For Other Relief filed in this cause by Quint Carver, Administrator, CTA of the Estate of Diana Honicutt Hargon, Deceased, and exhibited against you should not be allowed and approved and the relief demanded therein granted.
Issued under my hand and the seal of said Court, this 1st day of June, 2012.
SEAL
QUINT CARVER, CLERK OF THE CHANCERY COURT OF YAZOO COUNTY, MISSISSIPPI
211 East Broadway
Yazoo City, Mississippi 39194
By /s/ April Adams DC
Deputy Clerk
No. 280 (June 6, 13 & 20, 2012)
SUMMONS BY PUBLICATION
IN THE CHANCERY COURT OF YAZOO COUNTY, MISSISSIPPI
IN THE MATTER OF ESTATE OF
JENNIFER HARGON MCBRIDE, DECEASED
CIVIL ACTION FILE NO. 07-0057
SUMMONS
THE STATE OF MISSISSIPPI
TO: WILLIAM CHRISTOPHER (CHRIS) MCBRIDE, AN ADULT NON-RESIDENT OF THE STATE OF MISSISSIPPI, WHOSE POST OFFICE AND STREET ADDRESS IS P. O. BOX 224, PERDIDO, AL 35565;
TO: TINY TYLER MCBRIDE, A MINOR, UNDER THE AGE OF TWELVE YEARS, NON-RESIDENT OF THE STATE OF MISSISSIPPI, WHO RESIDES WITH HER FATHER AND NATURAL GUARDIAN, WILLIAM CHRISTOPHER (CHRIS) MCBRIDE, WHOSE POST OFFICE AND STREET ADDRESS IS P. O. BOX 224, PERDIDO, AL 35565, BY SERVICE UPON HER SAID FATHER AND NATURAL GUARDIAN, WILLIAM CHRISTOPHER (CHRIS) MCBRIDE.
You have been made a Respondent in the hereinafter mentioned petition filed in this Court by Quint Carver, Successor Administrator, CTA of the Estate of Jennifer Hargon McBride, Deceased; Respondent(s) other than you in this action are, Mackenzie Diana Jenkins, and Kelsey Gail Jenkins.
You are summoned to appear and defend against said petition at 9:00 O'Clock A. M. on the 23rd day of July, 2012, in the Yazoo County Courthouse, 211 E. Broadway St., Yazoo City, Mississippi 39194, and then and there to show cause, if any you can, why the Petition For Approval And Allowance of First And Final Account, To Close Estate And For Other Relief filed in this cause by Quint Carver, Successor Administrator, CTA of the Estate of Jennifer Hargon McBride, Deceased, and exhibited against you should not be allowed and approved and the relief demanded therein granted.
Issued under my hand and the seal of said Court, this 1st day of June, 2012.
(SEAL)
QUINT CARVER,
CLERK OF THE CHANCERY COURT OF YAZOO COUNTY, MISSISSIPPI
211 East Broadway
P. O. Box 68
Yazoo City, Mississippi 39194
By: /s/ April L. Adams
APRIL L. ADAMS Deputy Clerk
No. 281 (June 6, 13 & 20, 2012)
NOTICE OF INTENT TO
SELL SURPLUS PROPERTY
TAKE NOTICE that Yazoo County, Mississippi is offering for sale to
the highest bidder the following equipment: 5 Caterpillar motor graders,6 Case backhoes, 12 International dump trucks, and 2 Mack tractor trailer trucks. Yazoo County shall sell each type of equipment in a single batch to the individual or entity who submits the highest sealed bid for such property. All members of the public, as well as any interested businesses, are invited to submit bids for said property. All such bids must be submitted under seal to the Chancery Clerk of Yazoo County, 211 East Broadway, Yazoo City, Mississippi, by no later than 2:00 p.m. on Thursday, June 28, 2012. All bids which are submitted under seal by this deadline will be opened and considered by the Yazoo County Board of Supervisors on
2:00 p.m. on Thursday, June 28, 2012, in the Yazoo County Board of Supervisors Meeting Room located at 211 East Broadway, Yazoo City, Mississippi. The County reserves the right to reject any and all bids.
Specifications for the property being offered for sale in this notice may be obtained from the office of the Yazoo County Administrator, 211 East Broadway, Yazoo City, Mississippi.
/s/ Quint Carver
Yazoo County
Chancery Clerk
No. 286 (June 13, 16 20 & 23, 2012)
SUBSTITUTED TRUSTEE'S
NOTICE OF SALE
WHEREAS, on March 23, 2006, Carl Jones and Spouse, Lillie Jones executed a certain deed of trust to Don W. Ledbetter, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc. which deed of trust is of record in the office of the Chancery Clerk of Yazoo County, State of Mississippi in Book 335B at Page 369; and
WHEREAS, said Deed of Trust was subsequently assigned to U. S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE6 by instrument dated May 8, 2012 and recorded in Book 403B at Page 288 of the aforesaid Chancery Clerk's office; and
WHEREAS, U. S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE6 has heretofore substituted J. Gary Massey as Trustee by instrument dated May 16, 2012 and recorded in the aforesaid Chancery Clerk's Office in Book 403B at Page 681; 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, U. S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE6, 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, J. Gary Massey, Substituted Trustee in said deed of trust, will on July 5, 2012 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 South Door of the County Courthouse of Yazoo County, located at Yazoo City, Mississippi, to the highest and best bidder for cash the following described property situated in Yazoo County, State of Mississippi, to-wit:
Lot 1 of Monroe Subdivision, being situated in Lot 15 of Pugh's Square, Yazoo City, Yazoo County, Mississippi, according to a map or plat of same recorded in Plat Book 10, Page 45 of the Records of Plats of Yazoo.
I WILL CONVEY only such title as vested in me as Substituted Trustee.
WITNESS MY SIGNATURE on this 7th day of June, 2012.
J. Gary Massey
SUBSTITUTED TRUSTEE
Shapiro & Massey, L.L.C.
1910 Lakeland Drive, Suite B
Jackson, MS 39216
(601)981-9299
538N Monroe St
Yazoo City, MS 39194
11-002898BE
No. 288 (June 13, June 20, June 27 and July 4, 2012)
NOTICE OF BOND SALE
$3,000,000
CITY OF YAZOO CITY, MISSISSIPPI
GENERAL OBLIGATION BONDS
(CAPITAL IMPROVEMENTS ISSUE),
SERIES 2012
NOTICE IS HEREBY GIVEN that the Board of Mayor and Aldermen (the "Governing Body") of the City of Yazoo City, Mississippi (the "City") will receive sealed bids in the Governing Body's meeting place in the Police Department located at 305 Mike Espy Drive, Yazoo City, Mississippi, until the hour of 2:00 p.m. on June 29, 2012, at which time said bids will be publicly opened by the City Clerk and read for the purchase at not less than par plus accrued interest to the date of delivery of $3,000,000 aggregate principal amount City of Yazoo City, Mississippi General Obligation Bonds (Capital Improvements Issue), Series 2012 (the "Bonds").
The Bonds will be dated and bear interest from June 1, 2012, will be delivered in definitive form as fully registered Bonds, will be in the denominations of $5,000 or any integral multiple thereof, will be payable as to principal at a bank or banks to be named by the City (the "Paying and Transfer Agent") and will bear interest, payable semiannually on June 1 and December 1 of each year, commencing on June 1, 2013, at the rate or rates of interest specified in the bid submitted by the successful bidder in accordance with this Notice of Bond Sale.
The Bonds will be issued in registered, book-entry-only form and all bidders for the Bonds must be participants of The Depository Trust Company, New York, New York ("DTC"), or affiliated with its participants. The Bond certificates will be deposited with DTC. DTC will be responsible for maintaining a book-entry system for recording the interests of its participants and for the transfer of the interests among its participants. The participants will be responsible for maintaining records regarding the beneficial ownership interests in the Bonds on behalf of the individual purchasers. Individual purchases may be made in the principal amount of $5,000 or any multiple thereof through book entries made on the books and records of DTC and its participants. Unless the book-entry-only system is discontinued, Bond principal and interest payments will be made by the City to DTC through the Paying and Transfer Agent. DTC will then be responsible for distributing such payments to DTC participants for subsequent remittance to the owners of beneficial interests in the Bonds. Payment of principal and interest on the Bonds to DTC is the responsibility of the City, disbursement of such payments to DTC participants shall be the responsibility of DTC, and disbursements of such payments to the owners of beneficial interests shall be the responsibility of DTC participants and not the responsibility of the City. The City will have no responsibility or obligation to DTC participants or owners of beneficial interests in the Bonds, with respect to the payment by DTC or any DTC participants, of the principal of or interest on the Bonds or the providing of notice to DTC participants or owners of beneficial interests in the Bonds or with respect to: (a) the accuracy of any records maintained by DTC or any DTC participant; or (b) any consent given or other action taken by DTC as owner of the Bonds.
The Bonds will mature on June 1 in the years and in the principal amounts shown below:
Year Principal Amount Year Principal Amount
2013 $105,000 2023 $150,000
2014 110,000 2024 155,000
2015 115,000 2025 160,000
2016 120,000 2026 165,000
2017 120,000 2027 170,000
2018 125,000 2028 180,000
2019 130,000 2029 185,000
2020 135,000 2030 190,000
2021 140,000 2031 195,000
2022 145,000 2032 205,000
The Bonds maturing June 1, 2023 and thereafter will be subject to redemption prior to their respective maturities, at the option of the City, on and after June 1, 2022 either in whole on any date, or in part on any interest payment date, as selected by the City among maturities, and by lot within each maturity, at the principal amount thereof, together with accrued interest to the date fixed for redemption and without premium.
The Bonds will be issued pursuant to the provisions of Sections 21-33-301 et seq., Mississippi Code of 1972, as amended (the "Act") and resolutions adopted or to be adopted by the Governing Body. The Bonds are being issued to raise money for the purpose of (a) erecting municipal buildings and purchasing buildings or land therefor, and for repairing, improving, adorning and equipping the same, (b) establishing sanitary, storm, drainage or sewerage systems, and repairing, improving and extending the same, (c) constructing, improving or paving streets, sidewalks, driveways, parkways, walkways or public parking facilities and purchasing land therefor, and (d) paying the costs incident to the sale and issuance of the Bonds.
The Bonds shall be general obligations of the City and the full faith, credit and taxing power of the City shall be pledged to secure the payment of the principal of and interest on the Bonds.
The Bonds are to be sold at not less than $3,000,000 aggregate par plus interest on the Bonds accrued to the date of delivery, and are to be awarded to the bidder complying with the terms hereof and offering to purchase all of the Bonds at the lowest net interest cost to the City. 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 bid 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 bid. 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 specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from their date to maturity; the lowest rate of interest specified for any of the Bonds shall not be less than seventy percent (70%) of the highest rate of interest specified for any of the Bonds; and the highest rate of interest specified for any of the Bonds shall not exceed eleven percent (11%) per annum. Each interest rate specified in any bid must be a multiple of one-eighth of one percent (1/8 of 1%) or a multiple of one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named.
Bidders must acknowledge in their respective bids that they have received and reviewed the City's preliminary official statement in connection with the issuance of the Bonds (the "Preliminary Official Statement"). The City deems the Preliminary Official Statement to be "final" as described in SEC Rule 15c2-12(b)(1) for the purposes of such Rule. Upon award of the Bonds to the successful bidder, the City will prepare a final official statement in connection with the Bonds (the "Official Statement") in substantially the form of the Preliminary Official Statement, subject to minor amendments and supplementations. A reasonably sufficient number of Official Statements will be made available to the successful bidder at the expense of the City within seven (7) business days of the award of the Bonds to such bidder. Copies of the Preliminary Official Statement may be obtained from Shirley Knight, City Clerk, City of Yazoo City, 128 E. Jefferson Street, Yazoo City, Mississippi, 39194, telephone: (662)746-1401 or the City's financial advisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi 39216, telephone: (601)982 0005, attention: Mr. Jimmy Smith.
In order to assist bidders in complying with SEC Rule 15c2-12(b)(5), the City, pursuant to a resolution of the Governing Body and a continuing disclosure certificate, will agree to provide annual reports and notices of certain events. A summary of the City's procedures with regard to continuing disclosure is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement.
All bids must be enclosed in a sealed envelope and should be addressed to the Governing Body, at their meeting place located in the Police Department at 305 Mike Espy Drive, Yazoo City, Mississippi 39194 attention: Shirley Knight, City Clerk, City of Yazoo City, Mississippi and worded on the outside, in substance, "Bid for City of Yazoo City, Mississippi Capital Improvements Issue, Series 2012". ALL BIDS MUST BE UNCONDITIONAL AND, AS A CONDITION PRECEDENT TO THE CONSIDERATION OF ITS BID, EACH BIDDER MUST ENCLOSE WITH IT, AS A GOOD FAITH DEPOSIT, A CERTIFIED OR CASHIER'S CHECK DRAWN UPON A BANK LOCATED WITHIN THE STATE OF MISSISSIPPI PAYABLE TO THE ORDER OF THE CITY OF YAZOO CITY, MISSISSIPPI FOR SIXTY THOUSAND AND NO/100THS DOLLARS ($60,000). No interest will be allowed on any good faith deposit. Bids will be accepted or rejected by the Governing Body on the date above shown for the sale of the Bonds. When a bid is rejected by the Governing Body, the good faith deposit accompanying said bid will be returned to the bidder. When a bid is accepted by the Governing Body, the good faith deposit accompanying said bid will be applied as part payment for the Bonds or, if the successful bidder fails to comply with this agreement to purchase the Bonds, will be retained as liquidated damages. Pending the application of the good faith deposit of the successful bidder as aforesaid, such deposit may be invested in direct obligations of, or obligations guaranteed by the United States of America or in repurchase agreements with banks fully secured by such obligations, and the City shall be entitled to any income from any such investment.
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 the Official Bid Form which may be obtained from Shirley Knight, City Clerk, City of Yazoo City, 128 E. Jefferson Street, Yazoo City, Mississippi, 39194, telephone: (662)746-1401, or the City's financial advisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi 39216, telephone: (601)982 0005, attention: Mr. Jimmy Smith.
In the opinion of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("Bond Counsel"), assuming compliance by the City with certain tax covenants, under existing statutes, regulations, rulings and court decisions, interest on the Bonds is excluded from gross income for federal income tax purposes. Furthermore, interest on the Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations. Bond Counsel will express no other opinion regarding other federal tax consequences resulting from the ownership, receipt or accrual of interest on or disposition of the Bonds. In addition, Bond Counsel is further of the opinion that under and pursuant to the Act, the Bonds and interest thereon are exempt from all income taxes imposed by the State of Mississippi.
The Governing Body on behalf of the City has designated the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The final approving opinion of Bond Counsel, relating to the validity and tax exemption of the Bonds, together with a non-litigation certificate of the City dated the date of delivery of the Bonds, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge.
It is anticipated that CUSIP identification numbers will be secured by the City and printed on the Bonds, but neither the failure to secure or print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with its agreement to purchase the Bonds. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be paid for by the successful bidder.
The successful bidder will be given at least seven (7) business days advanced notice of the proposed date of delivery of the Bonds when that date has been tentatively determined. It is expected that the Bonds will be delivered in New York, New York and payment therefor shall be made in federal or other immediately available funds.
The successful bidder is required to submit to the City not less than seventy-two (72) hours prior to closing a certification to the effect that (a) all of the Bonds have been the subject of a bona fide initial offering to the public (excluding bond houses, brokers or similar pers











