Details for STATE OF MISSISSIPPI COUNTY OF HANCOCK NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF LAND WHEREAS

Updated

STATE OF MISSISSIPPI

COUNTY OF HANCOCK

NOTICE OF SUBSTITUTE

TRUSTEE'S SALE OF LAND

WHEREAS, under date of September 28, 2007, there was executed by Janette Michelle Gilliam and Elizabeth Lynn Avery, Grantors, to Lyle M. Page as Trustee for The Peoples Bank, Biloxi, Mississippi, as Beneficiary, a certain Deed of Trust conveying real property situated in Hancock County, Mississippi, which Deed of Trust secures an indebtedness therein described and which Deed of Trust is of record in the office of the Chancery Clerk of Hancock County, Mississippi, in Land Deed of Trust Book 2007 at Page 42963, and, WHEREAS, under date of October 17, 2016, there was executed by Janette Michelle Gilliam and Elizabeth Lynn Avery, Grantors, to David M. Allen as Trustee for The Peoples Bank, Biloxi, Mississippi, as Beneficiary, a certain Deed of Trust conveying real property situated in Hancock County, Mississippi, which Deed of Trust secures an indebtedness therein described and which Deed of Trust is of record in the office of the Chancery Clerk of Hancock County, Mississippi, in Land Deed of Trust Book 2016 at Page 24038, and, WHEREAS, said Deeds of Trust

expressly provide for the appointment by the party beneficially interested therein of a

successor to the Trustee therein named in the manner therein provided, which said

successor and substituted Trustee shall have the same title, authority, rights and powers as the Trustee therein originally named; and WHEREAS, The Peoples Bank, Biloxi,

Mississippi as the holder of the Note secured by said Deeds of Trust and the indebtedness secured thereby and the security therefor, did substitute and appoint David A. Wheeler as Trustee in the place and stead of Lyle M. Page and David M. Allen by Substitution of Trustee dated October 14, 2019, and

recorded in Book 2019 at Pages

23333-23336; and WHEREAS, on October 28, 2019, Elizabeth Lynn Avery and Janette Michell Gilliam-Avery filed a Petition for Relief pursuant to Chapter 7 of the Bankruptcy Code In The United States Bankruptcy Court For the Southern District of Mississippi, Southern Division, in Cause No.

19-52114-KMS, and WHEREAS, on January 6, 2020 the U.S. Bankruptcy Court entered a Default Order Granting Relief From Automatic Stay terminating the automatic stay of

Section 362 of the Bankruptcy Code and

allowing The Peoples Bank, Biloxi,

Mississippi to pursue its rightful remedies as to the subject real property, and WHEREAS, default having been made in the terms and conditions of the said Deeds of Trust and the entire debt secured having been disclosed and payable in accordance of the terms of said Deeds of Trust, and the legal holder of said indebtedness, The Peoples Bank, Biloxi, Mississippi, having requested the

undersigned Substitute Trustee to execute the trust and sell said land and property in

accordance with the terms of said Deeds of Trust for the purpose of raising the sums due thereunder together with attorney's fees and expenses of sale.  NOW, THEREFORE, the undersigned Substitute Trustee, pursuant to such authority and the request so made does hereby give notice that he will sell during the legal hours (between the hours of 11:00 a.m. and 4:00 p.m.) on the 6th day of February, 2020, at the front door of the Hancock County in Bay St. Louis, Mississippi, for cash to the highest and best bidder, the following

described land and property being located and situated in Hancock County, Mississippi, and being more particularly described as

follows, to-wit:  Parcel No.

067P-0-35-173.802, APARTMENT 102, BUILDING A, LAKESIDE VILLA

CONDOMINIUM, DIAMONDHEAD,

HANCOCK COUNTY, MISSISSIPPI, AS

RECORDED IN PLAT BOOK NO. 4, AT

PAGES 58-59, INCLUSIVE, AND

ACCORDING TO THE DECLARATION THEREOF DATED JANUARY 8, 1973, AND RECORDED IN DEED BOOK Y-2, PAGES 366-407, OF THE PUBLIC RECORDS ON FILE AND OF RECORD IN THE OFFICE OF THE CHANCERY CLERK OF HANCOCK COUNTY, MISSISSIPPI.

Title to the above described property is

believed to be good, but I will convey only such title as is vested in me as Substitute Trustee.

WITNESS MY SIGNATURE, this the 6th day of January, 2020.

DAVID A. WHEELER,

SUBSTITUTE TRUSTEE

Wheeler & Wheeler, PLLC

P.O. Box 264

Biloxi, MS 39533

(228) 374-6720

PUBLICATION DATES: 01/15/20, 01/22/20, 01/29/20, 02/05/20

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