Substituted Trustee's Notice of Sale

Substituted Trustee's Notice of Sale WHEREAS, on the 18th day of April 2018, Jennifer L. Myers and Jason M. McDill executed a certain Deed of Trust to Thomas R. Hudson, Trustee, for the benefit of BankPlus, a Mississippi Banking Corporation, which Deed of Trust was recorded in the office of the Chancery Clerk of Madison County, Mississippi, and recorded in Deed of Trust Book 3592 at Page 968 of the land records; and, WHEREAS, Simpson Law Firm PA has been substituted in the place and stead of Thomas R. Hudson, Trustee for BankPlus, a Mississippi Banking Corporation, said Appointment of Substitute Trustee being recorded as Inst. 1035502 of the records of the Chancery Clerk of said County; and, WHEREAS, fee simple title is vested in Jennifer L. Myers and Jason M. McDill; 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, the legal holder of said indebtedness, BankPlus, a Mississippi Banking Corporation, 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, Simpson Law Firm PA, Substituted Trustee in said Deed of Trust, will on the 29th day of October 2025, 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 Front door of the Madison County Courthouse, located at 128 W. North St., Canton, Mississippi, to the highest and best bidder for cash the following described property situated in Madison County, State of Mississippi, to-wit: EXHIBIT "A" Commencing at a concrete right-of-way monument at the intersection of the East right-of-way line of U. S. Highway No. 49, Flora By-Pass and the South right-of-way line of Mississippi Highway No. 22; thence East 195.9 feet along said South right-of-way line of Mississippi Highway No. 22, to the Point of Beginning for the property herein described; run thence East 265.8 feet along the South right-of-way line of Mississippi Highway No. 22, and Peach Street to the East line of West ½, Southeast ¼, Section 17, Township 8 North, Range 1 West; Thence South 372.2 feet along a fence and said East line to a fence corner; thence North 85 degrees 10 minutes West 55.3 feet along a fence and the North end of a hot-house and horse barn to the Northwest corner of said building; thence North 71 degrees 47 minutes West 33.5 feet along a fence to a fence corner; thence South 3 degrees 48 minutes West 19.5 feet along said fence to a fence corner; thence South 84 degrees 20 minutes West 97.0 feet along said fence to a fence corner; thence North 3 degrees 30 minutes West 210.8feet along said fence to the West end of a brick wall; thence North 88 degrees 00 minutes West 91.0 feet along a fence to a fence corner; thence North 7 degrees 30 minutes East 173.8 feet along the fence to the Point of Beginning, containing 1.99 acres in the Northwest ¼ of Southeast ¼, Section 17, Township 8 North, Range 1 West, Madison County, Mississippi. AND ALSO: A parcel of land containing 0.238 acres (10,361.67 square feet), more or less, being a part of the Sharon G. Plunkett and Brian Keith Plunkett property as described in Deed Book 2467, at Page 916, and recorded in the Chancery Clerk's Office of Madison County ands situated in the Northwest Quarter of the Southeast Quarter of Section 17, Township 8 North, Range 1 West, Flora, Madison County, Mississippi, and being more particularly described as follows: COMMENCING at a found concrete monument at the Northeast corner of Section 20, Township 8 North, Range 1 West, Madison County, Mississippi, said point having MS State Plane System, West Zone coordinates of N:1,102,605.79, E:2,302,945.49 and run thence North 2,225.83 feet; thence run West 1,328.23 feet to a found fence corner and the POINT OF BEGINNING for the herein described tract of land, said point having MS State Plane System, West Zone coordinates of N:1,104,831.62, E2,301,617.26, a convergence angle of 00 degrees 00 minute 32 seconds and a combined scale factor of 1.0000578529; thence run South 00 degrees 18minutes 28 seconds West along a fence line and the East line of said Plunkett property for a distance of 85.63 feet to the Southeast corner of said Plunkett property; thence leaving said East property line, run South 58 degrees 17 minutes 37 seconds West generally along a fence and along the Southeast line of said Plunkett property for a distance of 102.78 feet to a set 1/2" rebar; thence leaving said Southeast property line run North for a distance of 136.32 feet to an existing fence corner; thence run North 04 degrees 28 minutes 10seconds East along an existing fence for a distance of 19.50 feet to an existing fence corner; thence run South 71 degrees 06 minutes 50seconds East along an existing fence for a distance of 33.50 feet to the Northwest corner of a barn; thence run South 84 degrees 29minutes 50 seconds East along the north end of said barn and along plot a fence for a distance of 54.94 feet back to the POINT OF BEGINNING. The bearings in the above description are grid utilizing GPS based on the MS State Plane Coordinate System, West Zone. ADDENDUM #1 The Grantees and Grantors understand and agree that Grantors are retaining the Commercial Tract at the intersections of Highway 49 and Highway 22/ Peach Street, Flora MS which is currently contiguous with the Residential Tract transferred herein, said Residential Tract being described in Exhibit A, and that the Commercial Tract, described In Exhibit B, does not have a driveway or permit to cross the State or Town Right of Way. It is therefore agreed by Grantees and Grantors that Grantors will retain legal access to the Commercial Tract by an easement under the terms and conditions set forth and agreed upon as follows: 1. Grantors, and their successors and assigns, are retaining a twenty foot (20') wide access easement commencing at the current residential driveway entrance on Highway221Peach Street, and traveling along said driveway and then south westerly along the Right of Way, but further south of any current landscaping obstructions, to the first current gated entry of the as fenced commercial tract, said gated entry being located in the Northeast corner of the Commercial Tract. 2. For further clarity, the approximate location of the twenty foot (20') easement is marked in dotted lines as shown on the attached Addendum 2. 3. The purpose of this easement is to grant Grantor, and its successors and assigns, legal access to the Property until such time es the Commercial tract Is fully developed for either residential or commercial use. Once the Property has been completely developed and all planned driveways onto Highway 49, Highway 22 or Peach Street are fully completed and open and available for public access, this Temporary Access Easement shall be terminated in writing by all parties, with parties being defined as the then current owner(s) of the Residential Tract and the Commercial Tract or any part thereof. The Termination Agreement shall be recorded in the land records of Madison County, Mississippi. 4. This Access Easement shall be for the use of the Owner(s) of the Commercial Tract or any part or subdivision thereof, and its/their guests, permittees, lessees, licenses and invitees. However, at no time shall this Access Easement be used for Construction traffic for any part of any development, residential or commercial, nor shall it be for general open public use to any commercial or residential development project. 5. This Easement shall be binding upon the successors or assigns of the Grantors and Grantees, and shall run with the land, subject only to termination as specifically set forth herein. In the event the then current owners of any part of the Commercial Tract or Residential Tract have not agreed in writing to previously terminate this Easement in accordance with Section 3 herein, this easement shall automatically terminate Ninety(90) Days after the date the Commercial Tract, and all portions or subdivisions thereof, has been fully developed and has obtained legal public access across the Right of Way to Highway 49 or Highway 22, so long as no part thereof becomes legally or practically landlocked due to the termination of this Easement. EXHIBIT "B" PROPERTY DESCRIPTION COMMENCE AT A CONCRETE MONUMENT REPRESENTING THE NORTHEAST CORNER OF SECTION 20,TOWNSHIP 8 NORTH, RANGE 1 WEST, MADISON COUNTY, AND RUN THENCE SOUTH 00 DEGREES 00MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 20 FOR A DISTANCE OF 347.58FEET TO AN IRON PIN ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 49 (SP-0083-9111);THENCE RUN NORTH 35 DEGREES 58 MINUTES 32 SECONDS WEST ALONG SAID RIGHT OF WAY FORA DISTANCE OF 1504.66 FEET TO AN IRON PIN; THENCE LEAVING SAID RIGHT OF WAY RUN NORTH54 DEGREES 03 MINUTES 28 SECONDS EAST FOR A DISTANCE OF 275.00 FEET TO AN IRON PIN; THENCE RUN NORTH 35 DEGREES 56 MINUTES 32 SECONDS WEST FOR A DISTANCE OF 475.20 FEET TO AN IRON PIPE; THENCE RUN SOUTH 54 DEGREES 03 MINUTES 28 SECONDS WEST FOR A DISTANCE OF 275.00 FEET TO A METAL SPIKE ON THE EASTERLY RIGHT OF WAY OF SAID U.S. HIGHWAY 49; THENCE RUN NORTHERLY ALONG SAID RIGHT OF WAY FOR THE FOLLOWING CALLS: NORTH 43 DEGREES 56 MINUTES 32 SECONDS WEST FOR A DISTANCE OF 470.62 FEET TO A CONCRETE MONUMENT; NORTH 54 DEGREES 03 MINUTES 28 SECONDS EAST FOR A DISTANCE OF10.00 FEET TO AN IRON PIN; THENCE RUN ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5529.58 FEET, A DELTA ANGLE OF 03 DEGREES 44 MINUTES 03 SECONDS, AND AN ARC LENGTH OF 360.37 FEET FOR A DISTANCE OF 360.37 FEET TO AN IRON PIN WHICH IS THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. FROM THE POINT OF BEGINNING CONTINUE THENCE ALONG SAID EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 49 AND THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5529.58 FEET, A DELTA ANGLE OF 04 DEGREES 07MINUTES 56 SECONDS, AND AN ARC LENGTH OF 401.41 FEET, FOR A DISTANCE OF 401.41 FEET TO AN IRON PIN; THENCE LEAVING SAID RIGHT OF WAY RUN NORTH 89 DEGREES 26 MINUTES 30SECONDS EAST ALONG A FENCE, FOR A DISTANCE OF 342.20 FEET TO A POINT ON THE WEST LINE OF LAND NOW OR FORMERLY OF SPRUILL (SP-0083-9111) SAID POINT BEING 0.62 FEET EAST OF AN OLD 1.3 FEET NORTH OF A CONCRETE MONUMENT; THENCE RUN NORTH 89 DEGREES 54MINUTES 30 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY AND GENERALLY ALONG A FENCE, FOR A DISTANCE OF 159.59 FEET TO A CONCRETE MONUMENT; THENCE LEAVING SAID RIGHT OF WAY, RUN SOUTH 07 DEGREES 12 MINUTES 41 SECONDS WEST, GENERALLY ALONG THE FENCE, FOR A DISTANCE OF 172.66 FEET TO A FENCE CORNER; THENCE RUN GENERALLY ALONG A FENCE FOR THE FOLLOWING CALLS: SOUTH 57 DEGREES 52 MINUTES 47 SECONDS EAST FOR A DISTANCE OF 90.05 FEET TO A FENCE CORNER; SOUTH 03 DEGREES 53 MINUTES 29 SECONDS EAST FOR A DISTANCE OF 210.12 FEET TO A FENCE CORNER; NORTH 84 DEGREES 17 MINUTES 05SECONDS EAST FOR A DISTANCE OF 98.81 FEET TO A FENCE CORNER; NORTH 03 DEGREES 38MINUTES 00 SECONDS EAST FOR A DISTANCE OF 19.32 FEET TO A FENCE CORNER; SOUTH 73DEGREES 36 MINUTES 20 SECONDS EAST FOR A DISTANCE OF 33.33 FEET TO A POINT; SOUTH 84DEGREES 28 MINUTES 06 SECONDS EAST FOR A DISTANCE OF 64.28 FEET TO A FENCE CORNER; SOUTH 00 DEGREES 11 MINUTES 38 SECONDS EAST FOR A DISTANCE OF 85.63 FEET TO AN IRON PIN; THENCE LEAVING SAID FENCE, RUN SOUTH 57 DEGREES 47 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 360.60 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 3.95 ACRES OR LESS. LESS AND EXCEPT: A parcel of land containing 0.238 acres (10,361.67 square feet), more or less, being a part of the Sharon G. Plunkett and Brian Keith Plunkett property as described in Deed Book 2467 at Page 916 and recorded in the Chancery Clerk's Office of Madison County and situated in the Northwest Quarter of the Southeast Quarter of Section 17, Township 8 North, Range 1 West, Flora, Madison County, Mississippi and being more particularly described as follows: COMMENCING at a found concrete monument at the Northeast corner of Section 20, Township 8 North, Range 1 West, Madison County, Mississippi said point having MS State Plane System, West Zone coordinates of N:1,102,605.79, E: 2,302,945.49 and run thence North 2,225.83 feet; thence run West1,328.23 feet to a found fence corner and the POINT OF BEGINNING for the herein described tract of land, said point having MS State Plane System, West Zone coordinates of: N:1,104,831.62,E: 2,301,617.26; a convergence angle of 00 degrees 00 minutes 32 seconds and a combined scale factor of 1.0000575829; thence run South 00 degrees 18 minutes 28 seconds West along a fence line and the East line of said Plunkett property for a distance of 85.63 feet to the Southeast corner of said Plunkett property; thence leaving said East property line, run South 58 degrees 17 minutes 37 seconds West generally along a fence and along the Southeast line of said Plunkett property for a distance of 102.78feet to a set 1/2" rebar; thence leaving said Southeast property line run North for a distance of 136.32 feet to an existing fence corner; thence run North 04 degrees 28 minutes 10 seconds East along an existing fence for a distance of 19.50 feet to an existing fence corner; thence run South 71 degrees 06 minutes 50seconds East along an existing fence for a distance of 33.50 feet to the Northwest corner of a barn; thence run South 84 degrees 29 minutes 50 seconds East along the north end of said barn and along plot a fence for a distance of 54.94 feet back to the POINT OF BEGINNING. The bearings in the above description are grid utilizing GPS based on the MS State Plane Coordinate System, West Zone. Simpson Law Firm PA will convey only such title as is vested in it as Substituted Trustee. WITNESS MY SIGNATURE, this the 29th day of September, 2025. /s/ John S. Simpson Simpson Law Firm PA, Substituted Trustee SIMPSON LAW FIRM PA Attorneys at Law P.O. Box 2058 Madison, MS 39130-2058 (601) 957-6600 Dates of Publication: October 7, 14, 21 and 28, 2025 63755 Publication Dates LMSS0380814