In 2001 Mayor Dupree signed an agreement with USA Yeast, to supply water to the factory as well as treat its waste. The agreement (embedded at the bottom), which led to our town smelling of methane and sulfur compounds is the result of a complete and utter lack of due diligence by the mayor and the city council at that time.
Waste is categorized with a rating called BOD, which stands for Biochemical Oxygen Demand. BOD is defined below.
Biochemical oxygen demand or B.O.D is the amount of dissolved oxygen needed by aerobic biological organisms in a body of water to break down organic material present in a given water sample at certain temperature over a specific time period. The term also refers to a chemical procedure for determining this amount. This is not a precise quantitative test, although it is widely used as an indication of the organic quality of water.[1] The BOD value is most commonly expressed in milligrams of oxygen consumed per litre of sample during 5 days of incubation at 20 °C and is often used as a robust surrogate of the degree of organic pollution of water. BOD can be used as a gauge of the effectiveness of wastewater treatment plants. BOD is listed as a conventional pollutant in the U.S. Clean Water Act.
Noticeably missing from the contract is any limit on the BOD levels being dumped in our treatment system. Sections 3.1 and 3.2 of the agreement clearly stated that the city had the capacity to treat USA Yeast’s waste, which it clearly did not. Had the mayor, or any of our city council at that time done their homework, Hattiesburg wouldn’t have the terrible odor problem it has. The fact of the matter is our city’s lagoons are much to deep to oxygenate and treat the high DOB waste coming from USA Yeast. The waste is dense and sinks to the bottom of the 15 foot deep lagoons. The city’s waste water treatment system never possessed the capacity to deliver enough oxygen to this waste to break it down, especially at the bottom of our lagoons. So when weather warms up and the temperature changes This rotting sludge releases toxic gasses, which pollutes our city.
After years of pollution, Mayor Dupree finally decided to sue USA Yeast, seeking to change the agreement. With EPA fines piling up against the city for polluting the Leaf River, a lawsuit was filed. Shortly thereafter, the Mississippi Development Authority (MDA), halted MDA funding to the two downtown renovation projects owned by Hub City Loft’s. Funding would not resume until the lawsuit was settled. Governor Barbour even told city officials that he backed MDA’s decision to halt our funding. After all, it was MDA who delivered USA Yeast to Mayor Dupree after the company had been kicked out of Alabama. So, why should he back Hattiesburg when we agreed to this bad deal?
The agreement clearly states the city has the capacity to treat their waste.
WHEREAS, as a normal by-product of its manufacturing process, U. S. A. Yeast produces Effluent that must be properly handled and treated, and the City owns and operates a waste water treatment system with a capacity currently capable of handling, treating and otherwise disposing of Effluent to be produced by U. S. A. Yeast;
Below is the contract Mayor Johnny Dupree signed with USA Yeast in December 2001. Click the icon in the top right to enlarge the document. *Please recommend or share this information on social media.
When reading this please note – the contractor has been paid $86,000, which was 100% of the original bid and the architect has been paid $13,500 for roof plans and interior diagrams.
PREFACE TO THE DISASTER
A project which should have been a straight forward replacement of an existing roof turned into a complete and utter debacle of historic proportions. The calamity of errors now leaves an African-American national landmark on the city’s demolition list, cost to taxpayers of over $100,000, and $754,000 in structural damage according to Neel Schaeffer and Associates. The one single requirement for the project to receive matching federal funding through the Mississippi Department of Archives and History was that the new roof pitch must match the existing roof pitch. It took three roofs and five months (November 2009 to March 2010) to get it right; before an inadequately supported second floor, weakened from months of exposure to rain and snow; supporting heavy scaffolding, collapsed leaving the building in ruins.
(Click to enlarge) The letter of recommendation from Don McCleskey to the city, endorsing J. Miller Roofing. J. Miller Roofing’s incompetence destroyed the National Landmark.
It all began when local architectural firm McCleskey Associates Architects recommended the lowest bidder J. Miller Roofing of Crawford MS for the roofing job after an open bidding process. Mr. Miller, by his own admission, had no experience in a roofing project of this magnitude or scope; and according to Ken P’Pool at the Mississippi Department of Archives and History(MDAH), Miller looked at the project as “learning experience” for future historic projects. The project was such a learning experience for Miller, neither the contractor nor his wife knew what an application for payment was. McCleskey said that both he and Bennie Sellers met with Mrs. Miller and had to “hold her hand” and that she was coming up with many numbers “off the top of her head.” When asked what her mobilization cost were (cost to get to the project and get it started) she had no idea what “mobilization” was. McCleskey said,” it was one of those laugh or cry moments, and I felt like crying.”
McCleskey, the architect who prepared the bid, drew the plans, and recommended the contractor, told the Hattiesburg Patriot that his recommendation of J. Miller roofing was “routine.” McCleskey explained that since J. Miller Roofing was the “low bidder”, and the company was licensed and bonded; he recommended them for the job. When reminded that the bid stated “lowest and best bid”; not just the “lowest bid”, McCleskey went on to explain that hiring someone who was not the lowest bidder might file a discrimination based and/or other litigation; which could tie a project up for months or years in court. McCleskey reiterated that recommending the lowest bidder was routine for him in order to avoid the potential litigation gambit.
McCleskey Associates hand drew floor plans of both the first and second floors as well as drafted roof plans on the computer, which designated a 5:12 roof pitch but also noted “Roof Pitch to Match Existing, Verify Pitch and All Existing Conditions” (see picture to left). McCleskey Associates Architects never actually measured the roof pitch, but rather, used photographs to assist in designing computer models to estimate the pitch; so the responsibility was laid on the contractor to ultimately get the roof pitch correct; a contractor McCleskey recommended. The Hattiesburg Patriot asked McCleskey how he could safely access the building’s first and second floors to measure and draw floor plans, but couldn’t’ access the roof system to obtain an accurate pitch. McCleskey stated that it was a hazard to attempt to access and measure the pitch of the roof system, and McCleskey provided an engineering report dated December 31, 2008 by 2nd Moment, LLC Structural Engineering which stated,
“Large portions of the roof have caved in, allowing water to freely enter the building. The water ingress is rapidly deteriorating the framing at the second floor level. Large areas of the decking on the second floor are rotted to the point of collapse.”
The Mississippi Department of Archives and History provided the Hattiesburg Patriot with a written statement which stated,
“The floors on the second story seemed to be in relatively sound condition at the time that MDAH’s grant-assisted roof replacement project began in October 2009. The floors were sound enough to support the contractor’s scaffolding during several months of work on the building.”
Mississippi Department of Archives and History’s statement went on to say,
“only the central portion of the truss system appears to have been seriously enough deteriorated to have required replacement; most of the trusses could have been left in place and new material scabbed onto them to strengthen the whole.”
The original intent of McCleskey and Public Works Director Bennie Sellers was to partially replace the roof support system by scabbing onto existing members for added strength, only replacing the roof members beyond repair. It was decided in a meeting between McCleskey and Sellers that rather than bid the project as a rehab and replacement, it would be a full replacement. The concern at that time was once the project started for a partial replacement, further discovery might lead to additional work above and beyond the initial project scope, and result in multiple change orders from the contractor.
THE DEBACLE BEGINS
When the project began, J.Miller Roofing removed the entire roof and made an attempt to get measurements of the roof pitch on the ground, using the old framing members as a pattern, but disturbing the original position of the roof members made it impossible to get a verifiable pitch, and results were highly inconsistent. Furthermore, Mr. Miller lacked the skills needed for such a project, and he actually needed hands on supervision by the Architect who recommended him. Miller ultimately decided that the architect’s estimation of the roof pitch would suffice; and so the 5/12 truss system was ordered by J. Miller Roofing and installation began in early November 2009.
On November 5th 2009 (see timeline), Jeff Rosenberg, with Mississippi Department of Archives and history visited the site and easily recognized that the roof was not the original pitch, but instead much too low. The photo below and to the right shows where the original roof line met the flashing at the vent pipe. A few days later Hurricane Ida came through and poured rainwater into the building.
Click to enlarge. After the 5:12 pitch was installed it was clear that the roof pitch was entirely off the mark.
Rosenberg called Brian Jones with McCleskey Associates Architects and informed him of the incorrect pitch. Jones asked Rosenberg if an 8:12 pitch would be acceptable. Rosenberg replied that “the only approved pitch is the original one.” (Click Here to See MDAH’s Timeline). Rosenberg then asked Jones how they arrived at an 8:12 pitch. Jones responded, “per Don McCleskey’s conversation with the truss manufacturer, the roof pitch was measured from the height of the vent stack.” Once the trusses arrived J. Miller Roofing began installation of the 8/12 pitch.
– (8/12 pitch means that for every 12 feet of roof space stating from the bottom moving up the roof, it rises 8 feet. So, a 5/12 roof will rise 3 feet less than an 8/12 for every 12 feet. )
Pictured above are Don McCleskey (looking through tube) with Johnny Miller of J. Miller roofing (left) seen holding McCleskey’s “plans” While Ken P’Pool with the Mississippi Department of Archives & History (rear) prepares to clonk them on the heads.
Jeff Rosenberg,with Mississippi Department of Archives and History, made a site visit and photographically documented that the pitch of the second roof (8/12 pitch) was approximately two feet higher than the original, historic roof pitch; therefore, and once again, did not comply with the project’s only historic requirement. (See picture below and to the right) Rosenberg then contacted Brian Jones of McCleskey Architects and Brett Benson, the city’s grant coordinator, on December 4th. They all concurred that the pitch of the second set of trusses once again didn’t restore the original pitch and didn’t meet project requirements.
Click to enlarge. Shown above is the The 8:12 roof pitch on left with the remaining 5/12 seen on the right side. Notice the building is still exposed to the elements. Hurricane Isaak
Rosenberg then arranged an on-site meeting on December 9, 2009, which included representatives from (Mississippi Department of Archives and History, the city’s representative, Tim Pittman, the architect, the contractor, and himself.) Rosenberg then climbed on the roof and actually measured the pitch of original roof, using the surviving marks from the chimney and vent stack, as well as several original roof framing members that were still on the work site. With the original roof already removed, it was no easy task, but Rosenberg determined to the best of his ability, given what was left, that the pitch to be very close to 6:12, and the trusses were ordered and installation began.
click to enlarge
The second floor was severely weakened having been open to the elements for months, and both rain and snow had freely entered the structure. Workers were climbing scaffolding, and loading the roof with decking, when the building shook like an earthquake. The second floor of the building, the floor open to the sky and elements for nearly five months gave way. Eaton School, a national landmark is lost.
Who’s responsible?
The Mississippi Department of Archives and History attributed blame with the contractor as follows:
“The contractor twice installed roof trusses that did not comply with the plans and specs; he left the building totally uncovered during the months of greatest precipitation; and he placed heavy scaffolding on the second floor for an extended period of time. This combination of factors caused the collapse of a portion of the second floor, which produced a major structural crack in the building.”
No one admitted any fault in the project.
“Because the contractor failed to follow the project plans and specifications, the school building was left entirely open and exposed to the elements from October through March. During that period there were several heavy rains and a significant snowfall that likely accelerated the deterioration. The added weight of the contractor’s scaffold installed in the southeast room of the second story, as well as that of the temporary bracing for the second floor ceiling, undoubtedly led to the second floor’s collapse, which, in turn, allegedly rendered the building structurally too unsound for completion of the roofing project.”
“Had the contractor properly fulfilled his contract obligations, the roofing project would have been completed in November 2009 without problems and the building would be in sound condition. Even with his mishaps in constructing a roof of proper pitch, had the contractor properly supported his construction loads at the first floor level, the second story floor would not have collapsed. The City should investigate seeking damages from the contractor’s bonding company.”
To date, no legal action has been taken by the city to pursue the contractor’s bond, which would likely only cover the cost of the roof and not the repairs on the building.
The Hattiesburg Patriot received an invitation from a 3rd party source for a February 28, 2013 fundraiser at the home of Dr. & Mrs. Farrell located at 1106 Windsor Drive in Hattiesburg for Mayor Johnny Dupree. Hosts of the party include:
Rev. & Mrs. Antonio Benton,
Mr. & Mrs. Frank Brown,
Mr. and Mrs. James K. Dukes,
Mr. & Mrs. John W. Lee Jr.,
Mr. & Mrs. Lee Sims,
Mr. & Mrs. Charlie Sutherland,
Lt. Col. Fred & Col. Shelia Varnado,
Rep. Percy & Mrs. Watson,
Mr. & Mrs. Patrick Wilson.
Notably absent are Forrest County NAACP President Clarence McGee, Reverend Charles Bartley, and Glenda Funchiss. These individuals got on the steps of city hall and in city council chambers and called our government “plantation style” and racist “like the days of Gone with the Wind” . Dupree sat back silently in an apparent endorsement of the remarks. This incident arose when Eleanor Burns and Frank Harris didn’t get reappointed to the school board. Mayor Candidate and City Councilman Dave Ware left town and avoided the vote. That must make him a yellow bellied racist. Also absent from the host list are Russel Davis and Tim Pittman, who were involved in an overtime scheme to defraud taxpayers. Mayor Dupree protected the appointees by classifying it as a personnel matter.
The Invitation says “Experience Matters” well it sure does and so does one’s record. One’s record matters more than anything else, because that is all we have to go on. Looking back on Dupree’s record we see severe shortcomings.
(1) Our city has stunk to high heaven since Dupree brought in USA Yeast under a terrible contract.
(2) Four top Dupree Appointed officials resigned under theft and fraud allegations in the past 12 months, Dupree called it a “personnel matter” which shields the public from disclosure of the investigations findings or lack thereof, and no one has been prosecuted.
(3) Eaton School, a national African American Landmark has been destroyed as a result of contractor negligence, and Mayor Johnny Dupree has petitioned the state to have the building demolished and sweep the scandal under the rug.
(4) Dupree flat lied to the people of Hattiesburg and to City Council members on the city’s internal affairs investigation into fraud and corruption in the court. City Council sent Dupree a UNANIMOUS no confidence letter essentially calling him the liar he is. So, people, read this list. It tells you who is influencing our city’s politics. At least there is a good criminal defense lawyer on there, as the FBI is still investigation the city in the Municipal Court corruption scandal and indictment are likely to come down soon. It will be interesting to see if Mayor Dupree or City Attorney Charles Lawrence will be indicted? If so, there will likely be a Duke in the corner.
The Hattiesburg Patriot has arranged for 200 citizens to attend the reception free of charge. Simply mention the Hattiesburg Patriot and enjoy the free food and drinks.
(Click to enlarge and please click “recommend” or “tweet” above or below the article.) Pictured above is the lien for back taxes against Forrest County School Board Attorney Patrick Zachary. This information was brought to our attention by a confidential informant within the legal community.
Some may call him a “tax avoider”, but the fact of the matter is that Mr. Patrick Zachary, the attorney for the Forrest County School Board, owes the IRS a whopping $174,979.99. And we hope for Forrest County taxpayer’s sake he isn’t giving any tax advice.
The Hattiesburg Patriot made numerous attempts to contact Mr. Zachary for a comment, but our calls were not returned. The HP put out an FPZ (Find Patrick Zachary) to our social informant network, and within hours a tip came in that Mr. Zachary was “bellied up” at a local watering hole. The Hattiesburg Patriot editor went personally to ask for a comment from Mr. Zachary, and low and behold there was a single vacant seat right next the barrister.
Hattiesburg Patriot:
I sat down and ordered an IPA . It arrived, and I marveled at its golden color and floral bouquet. I took a sip savoring its bitter floralcy; then turned to my left, and slid the IRS tax lien it in front of Mr. Zachary. “Do you care to comment on this,” I said. He paused and looked briefly at the chancery court document as if I was seeking free legal advice; then mumbled something and slid it back.”That’s you isn’t it? Do you have a comment”, I reiterated. He took a second look, held it up within range of his bifocals. “I have no comment”, he said; and rose from his seat, separated his bifocals at the bridge, which fell to his collar, and mumbled something about me needing an attorney. So, I turned and said amusingly, “I need an attorney?” Zachary then responded, “Every heard of interfering with a contract?”
I had just been threatened with a tortius interference lawsuit. Mr. Zachary, essentially conveyed that if I reported that he owed over $174,979.99 in back taxes, and he gets fired from the school board; he might sue me for damages. In spite of the hilarity, if was a pretty quick and creative threat. Now that I have time to think about this threat, I have a response.
Mr. Zachary, the truth is an absolute defense. Now, go pay your taxes and have a nice day.
Yours Truly,
The Hattiesburg Patriot
Any concerned citizen can call and complain to the Forrest County School Board general number at 601-545-6055, or contact the president, Charles McMahan, at 601-583-2118, or can also call the Forrest County Board of Supervisors at (601) 545-6009 and voice your concerns. The meetings the first Monday of the month at 5:30pm in the chancery building.
After an introduction by Lhay Thriffiley and Arthur Smith Dave Ware took the podium to announce his plans to unseat Current Mayor Johnny Dupree. Ware, an independent, is an active member in Sacred Heart church, and has been a city councilman since 2006. He was also President of Hattiesburg Historic Neighborhood Association, and a community leader long before that. Councilman Ware is a graduate from USM and completed higher education at Xaviar Univeristy. He is a successful business man, owning a nurse anesthetists service company, which supplies services to a number of hospitals. Councilman Ware and his wife Amy Jo were both described by their neighbors and friends as generous citizens, who actively give their time to the elderly in their neighborhood. Amy Jo often prepares and delivers meals while Mr. Ware volunteers his time repairing homes.
Councilman Ware’s neighborhood, the Hattiesburg Historic Neighborhood, has flourished over the past years with strong leaders like Mr. Ware (former president), Tate Thriffiley (former president), and current president Andrea Saffle. Working together alongside their community, they have turned a once blighted neighborhood into one of the top 10 in the United States, according to the American Planning Association.
After initially pushing play, if the video stalls, pause it for a few minutes before pushing play again. For some reason video went out for a minute or two.
Representative Toby Barker is proposing that electronic signatures be used in the referendum and initiative process.
District 102 Representative Toby Barker told the Hattiesburg Patriot, “A concurrent resolution will be dropped some time today or tomorrow” proposing a number of updates to the Mississippi State constitution. All proposed legislation and resolutions are dropped into a box and then delivered to the appropriate chair. The proposed changes update the language within the constitution to reflect the current four districts instead of the previous five. Mississippi lost a representative back in 2000 when the census reflected a decrease in population.
The most exciting item being proposed by Rep. Barker will be a bill for the inclusion of electronic signatures in the ballot initiative process. Mississippians presently must obtain over 100,000 physical signatures 20% from each of the old five districts to get a ballot initiative on the ballot. With the constitutional updates these signatures will change to 25% in the four districts. If a bill is passed to allow for secure electronic signatures this would be a power boom for the people of Mississippi.
Tom Garmon with Garmon Media, which owns the Hattiesburg Patriot, initially contacted Representative Barker about updating the constitution’s references to the number of districts; as well as about proposing a bill which would allow electronic signatures to be used in getting ballot initiatives on the ballot. Garmon said, “Our district is very fortunate to have a public servant like Representative Toby Barker. I am proud he represents my family. Representative Barker was extremely responsive to our discussion, and in agreement that the proposed changes would be good for Mississippians. Electronic signature technology is readily available, and incorporating it in the ballot initiative process would empower the citizens of Mississippi. I am sure there will be some elected representatives who will be against it. Let’s wait and see who they are.”
If you support electronic signatures in the initiative and referendum process please fill out the petition below. Below the petition is the concurrent resolution that Representative Barker is sponsoring. The bill to add electronic signatures to the process will be submitted separately.
[emailpetition id=”1”]
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Receipt from Russell Davis in the alleged payroll scheme.
An independent investigation commissioned by the city council found that two of Mayor Johnny Dupree’s appointees were involved in an overtime and payroll doctoring scheme, attempting to bilk thousands of dollars from taxpayers. The two employees were Department of Public Works Director Russell Davis and Department of Public Works General Manager Tim Pittman. The scheme was uncovered only after the city council hired an outside investigating agency, paid for by taxpayers, that looked into alleged fraud in the department. One person who spoke to investigators, contacted the Hattiesburg Patriot. This informant told us they were instructed by Davis to lie and to “get their stories straight” in order to hide the alleged crimes. This person told the Patriot they did no such thing, but also didn’t report the attempted tampering to investigators.
The normal process for payroll reporting is:
(1) Payroll documents were prepared by a secretary from time card sheets.
(2) The documents were then verified and signed off by the a manager.
(3) They were then given to Public Works Director Russell Davis.
(4) Davis delivered the official documents to city hall for processing.
The crime allegedly began when Davis returned to the person in charge of preparing the original payroll report and instructed them to
Receipt from Tim Pittman paid to city for repayment in the alleged payroll scheme. It is not clear what Pittman’s role was in the alleged scheme. The mayor refuses to release the details to taxpayers.
fraudulently change the official payroll records citing a number of explanations for the needed changes. Payroll records were doctored for many reasons, including a six week paid vacation given to Davis’ alleged mistress. Davis told an employee the alleged mistress was working in other departments for a six week period, and the payroll entries needed to be made in the public works payroll report. According to one city informant, overtime for city workers was given to city employees who tended to Russell Davis’ PRIVATE VEGETABLE GARDEN. Yes, you read that correctly. Russell Davis was allegedly paying city workers overtime to tend his PRIVATE VEGETABLE GARDEN at the airport according to the government source who witnessed the garden.
The Public Works department was also no stranger to sexual harassment. The Hattiesburg Patriot was told that by a source working in that department at the time that the departmental culture during Davis’ tenure was not a pleasant environment for women, and sexual harassment in the department was commonplace. One woman filed a complaint which progressed all the way to the Mayor’s office, and involved Eddie Meyers and other high level administration employees. This particular victim even received counseling with the city’s employee services center, but ultimately left her job since the offender was still employed there. It was definitely a man’s world at public works. Pittman worked for the city for 18 years and 5 months and served as the general manager since August 2009. Davis had been with the city for 17 years and 5 months.
The Hattiesburg Patriot submitted a request for information into the outside investigating agency’s official findings, but the request was denied by the Dupree Administration, citing “personnel matters.” The Hattiesburg Patriot also received the same response in our request for the police department’s official report into the investigation of the theft of tens of thousands of dollars in sewage lagoon aerator motors. Two other department heads resigned as a result of that theft. This begs the question, “How do we as Hattiesburg residents make informed decisions at elections when the incumbent has the power to hide the criminal behavior of his appointees under the guise of a “personnel matter?”
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*This article goes out to all the women, present and past, in Public Works Department. If you are experiencing sexual harassment at the City of Hattiesburg or want to report any crimes please call our hotline at 601-620-0104 extension 403 and report it. Your identity will be kept confidential.
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
