Seaway Bank and Trust by action of their attorney J. Mark Franklin III have given public notice of their intent to foreclose on Mt. Carmel Baptist Church property and sell it at the main door of the Paul B. Johnson Chancery building on November 7th, 2012 between 11:00am and 4:00pm. Seaway Bank and Trust said there was a default of the terms and conditions of the agreed upon deed of trust. Seaway Bank and Trust went on to say they had previously requested the indebtedness be paid.
The Pastor of the Church is Mr. Kenneth Fairley. Many people don't know but the church is also home to a private school for early childhood development; so this potentially affects many families and children.Pastor Fairley told the Hattiesburg Patriot, "There will not be a foreclosure. God will work this out." Mr. Fairley is known as a rather flamboyant, dapper, and polished orator.
PUBLIC NOTICE OF SALE MT. CARMEL BAPTIST CHURCH
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on May 18, 2005, Mt. Carmel Baptist Church of Hattiesburg, a non-profit organization, executed a Deed of Trust to Perry W. Phillips, Trustee for the benefit of Seaway National Bank, as recorded in the office of the Chancery Clerk of Forrest County, Mississippi, in Book 1436 at Page 505; and
WHEREAS, on December 30, 2007, Seaway National Bank became Seaway Bank and Trust Company by name change, and Seaway Bank and Trust Company succeeded to all rights and interests of Seaway National Bank in the subject Deed of Trust; and
WHEREAS, Seaway Bank and Trust Company, the holder of said Deed of Trust and the Note secured thereby, substituted J. Mark Franklin, III as Trustee therein, as authorized by the terms thereof, by instrument dated August 14, 2008, and recorded in Book 1655 at Page 670 in the office of the Chancery Clerk aforesaid; 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, and 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 for the purpose of raising the sums due thereunder, together with attorney's fees, Substituted Trustee's fees and expenses of sale;
NOW, THEREFORE, I, the undersigned J. Mark Franklin, III, being the Substituted Trustee, do hereby give notice that on November 7, 2012, between 11:00 o'clock a.m. and 4:00 o'clock p.m., being the legal hours of sale, I will proceed to sell at public outcry, to the highest bidder for cash, at the Northeast Main Door of the Paul B. Johnson Chancery Building in Hattiesburg, State of Mississippi, the following real property described and conveyed in said Deed of Trust, lying and being situated in Forrest County, Mississippi, and being more particularly described as follows, to-wit: All of Lots 1 through 3 and 8 through 10 of Block "109" of the Kamper and Whinnery Survey, a part of Lots 1 and 2 of Block "3" of the Nancy McLeod Subdivision and a part of Lots 1 and 2 of the G. D. Wilson Subdivision of the City of Hattiesburg, County of Forrest, State of Mississippi, and being more particularly described as beginning at the Southeast corner of said Lot 3 of Block 109 of the Kamper and Whinnery Survey, thence run South 89 degrees 25 minutes 50 seconds West along the South line of said Block 109 and said Lot 2 of the G. D. Wilson Subdivision for 404.55 feet to the Eastern margin line of Main Street, said line also being the Northern right of way line of East Fifth Street, thence run North 28 degrees 23 minutes 37 seconds West along the said Eastern Margin line of Main Street for 422.79 feet to the North line of said Lot 1 of Block 3 of the Nancy McLeod Subdivision, thence run North 89 degrees 17 minutes 09 seconds East along the North line of said Lot 1 of Block 3 and said Lots 8 through 10 of Block 109 of the Kamper and Whinnery Survey for 604.37 feet to the Northeast corner of said Lot 8 of Block 109, said line being the South right of way line of East Sixth Street, thence run South 00 degrees 11 minutes 30 seconds East along the East line of said Lots 3 and 8 of Block 109 for 375.44 feet to the Point of Beginning, comprising 4.34 acres, more or less. I will convey only such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE, this the 2nd day of October, 2012. ___/s/ J. Mark Franklin, III_______________ J. MARK FRANKLIN, III SUBSTITUTED TRUSTEE J. Mark Franklin, III MCKAY LAWLER FRANKLIN & FOREMAN, PLLC Attorneys at Law Post Office Box 2488 Ridgeland, Mississippi 39158-2488 (601) 572-8778 POSTED THIS October 3, 2012 PUBLISH: October 10, 2012, October 17, 2012, October 24, 2012, October 31, 2012