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Public Notices: Thursday, November 12th, 2009
Public Notices Published Thursday, November 12th, 2009NOTICE
I, Bobby Joe Welch, have been convicted of 14:80 Felony Carnal Knowledge of a Juvenile in Union Parish. My address is 620 Redwood Lane, Monroe LA 71202.
Race: White
Sex: Male
DOB: 11/15/1980
Height: 6'2"
Weight: 210
Hair Color: Brown
Eye Color: Brown
Scars, tattoos, other identifying marks: Right arm-cross; Back torso-skull; left arm-"Ethan"
Monroe, LA
11/12, 11/19 å
_____________________________________________________________
NOTICE
I, Bradley Monie Jones, have been convicted of 14:80 Felony Carnal Knowledge of a Juvenile in Fourth Judicial District Court. My address is 3607 Polk Street, Monroe LA 71202.
Race: Black
Sex: Male
DOB: 9/12/1986
Height: 5'7"
Weight: 190
Hair Color: Black
Eye Color: Brown
Scars, tattoos, other identifying marks: None
Monroe, LA
11/12,11/19
_____________________________________________________________
SHERIFF’S SALE
CITIMORTGAGE, INC.
VS.NO. 09155
CHRIS TYLER
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
BEGINNING AT A POINT WHICH IS FIVE FEET (5’) NORTH OF THE SOUTHEAST CORNER OF LOT SIX (6) OF BLOCK THREE (3); THENCE PROCEED IN A NORTHERLY DIRECTION ALONG A LINE PARALLEL TO OAKWOOD DRIVE FOR A DISTANCE OF NINETY FEET (90’); THENCE PROCEED IN A WESTERLY DIRECTION ALONG A LINE PARALLEL TO THE SOUTH LINE OF LOT SIX (6) FOR A DISTANCE OF ONE HUNDRED FIFTY FEET (150’); THENCE PROCEED IN A SOUTHERLY DIRECTION ALONG A LINE PARALLEL TO THE EAST LINE OF LOT SIX (6) FOR A DISTANCE OF NINETY FEET (90’); THENCE PROCEED IN AN EASTERLY DIRECTION ALONG A LINE PARALLEL TO THE SOUTH LINE OF LOT SIX (6) A DISTANCE OF ONE HUNDRED FIFTY FEET (150’) TO THE POINT OF BEGINNING, ALL BEING LOCATED IN THE RESUBDIVISION IN SECTION 9, TOWNSHIP 18 NORTH, RANGE 4 EAST, OUACHITA PARISH, LOUISIANA, AS SHOWN ON A PLAT OF SAID RESUBDIVISION ON FILE AND OF RECORD IN PLAT BOOK 10, PAGE 14, RECORDS OF OUACHITA PARISH, LOUISIANA.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
FIRST NATIONAL BANK
VS.NO. 09202
JACK CHRISTOPHER BUTTITTA
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
A PORTION OF BLOCK 38 OF HUDSON’S RIVERSIDE ADDITION TO MONROE, LOUISIANA, DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE SOUTHERLY LINE OF HILTON STREET WITH THE EASTERLY LINE OF ELEVENTH STREET, MEASURE EASTERLY ALONG THE SOUTHERLY LINE OF HILTON STREET A DISTANCE OF 400 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF ELEVENTH STREET, A DISTANCE OF 150 FEET, MORE OR LESS TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF L. R. & M. OR MISSOURI PACIFIC RAILROAD, THE POINT OF BEGINNING PROPER; THENCE WESTERLY ALONG A LINE PARALLEL WITH AND 150 FEET SOUTHERLY FROM THE SOUTHERLY LINE OF HILTON STREET, A DISTANCE OF 200 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH EASTERLY LINE OF ELEVENTH STREET, A DISTANCE OF 75 FEET, MORE OR LESS, TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE L. R. & M. OR MISSOURI PACIFIC RAILROAD; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD TO THE POINT OF BEGINNING. AND A CERTAIN LOT OR PARCEL OF GROUND IN BLOCK 38 OF HUDSON’S RIVERSIDE ADDITION TO MONROE, LOUISIANA, AS PER PLAT OF SAID ADDITION ON FILE AND OF RECORD IN PLAT BOOK 7, PAGE 18, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA, AND DESCRIBED AS COMMENCING ON THE SOUTH LINE OF “L” OR HILTON STREET 200 FEET EAST OF THE INTERSECTION OF SAID SOUTH LINE OF “L” OR HILTON STREET WITH THE EAST LINE OF 11TH STREET, RUNNING THENCE EASTERLY ALONG THE SOUTH LINE OF “L” OR HILTON STREET A DISTANCE OF 100 FEET; THENCE RUNNING BACK IN SAID SQUARE, BETWEEN PARALLEL LINES, BOTH OF WHICH ARE PARALLEL TO THE EAST LINE OF 11TH STREET A DISTANCE OF 150 FEET, BEARING MUNICIPAL ADDRESS 1104 HILTON STREET, MONROE, LA 71201. A CERTAIN LOT OR PARCEL OF GROUND IN BLOCK 35 OF D. A. BREARD, JR.’S HOME ADDITION TO THE CITY OF MONROE, LOUISIANA, AS PER PLAT FILED IN PLAT BOOK 1, PAGE 24, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA, SAID LOT BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT A POINT ON THE NORTH LINE OF ERIN AVENUE 135.47 FEET EASTERLY FROM THE INTERSECTION OF THE EAST LINE OF NORTH THIRD STREET WITH THE NORTH LINE OF ERIN AVENUE, AND FRONTING THENCE ALONG SAID NORTH LINE OF ERIN AVENUE IN AN EASTERLY DIRECTION A DISTANCE OF 60 FEET; THENCE, RUNNING BACK IN SAID BLOCK 35 ON A LINE THAT IS PARALLEL TO THE EAST LINE OF NORTH THIRD STREET, A DISTANCE OF 144.87 FEET, MORE OR LESS, TO AN ALLEY; THENCE, IN A WESTERLY DIRECTION ALONG A LINE THAT IS PARALLEL TO THE NORTH LINE OF ERIN AVENUE A DISTANCE OF 60 FEET; THENCE, IN A SOUTHERLY DIRECTION ALONG A LINE THAT IS PARALLEL TO THE EAST LINE OF NORTH THIRD STREET TO THE NORTH LINE OF ERIN AVENUE A DISTANCE OF 144.87 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, AND BEING THE SAME PROPERTY DESCRIBED IN CONVEYANCE BOOK 267, PAGE 554, CONVEYANCE BOOK 1019, PAGE 845, CONVEYANCE BOOK 1019, PAGE 847 AND CONVEYANCE BOOK 1402, PAGE 507 OF THE RECORDS OF THE CLERK OF COURT OF OUACHITA PARISH, LOUISIANA. LOT 7, UNIT 20, TOWN AND COUNTRY SUBDIVISION IN SECTION 42, TOWNSHIP 18 NORTH, RANGE 4 EAST, OUACHITA PARISH, LA.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
RESIDENTIAL FUNDING COMPANY, LLC F/K/A RESIDENTIAL FUNDING CORPORATION
VS.NO. 09398
NONA MAE BANKSTON LOFTIN
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF FIERI FACIAS issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT 15, SQUARE B, UNIT NO. 2, JAMAR HEIGHTS, BEING A SUBDIVISION OF A PORTION OF THE COLE ESTATE IN SECTION 65, T18N, R3E, MONROE, LOUISIANA, AS PER PLAT IN PLAT BOOK 11, PAGE 134, RECORDS OF OUACHITA PARISH, LOUISIANA. SAID PROPERTY BEARS MUNICIPAL NO. 2214 EMERSON STREET, MONROE, LOUISIANA 71201.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF FIERI FACIAS and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
WELLS FARGO BANK, N.A.
VS.NO. 09741
DONALD BRIAN FRITH AND KRISTINA KIRKHAM FRITH
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT ONE (1) OF LAKEVIEW PARK SUBDIVISION, UNIT NO SIX (6) AS PER PLAT IN PLAT BOOK 13, PAGE 137 OF RECORDS OF OUACHITA PARISH, LOUISIANA; SUBJECT TO RESTRICTIONS, SERVITUDES, RIGHTS-OF-WAY AND OUTSTANDING MINERAL RIGHTS OF RECORD AFFECTING THE PROPERTY
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
REGIONS BANK
VS.NO. 043120
JESSE CLINT MCWILLIAMS ETUX
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT NO. 33, UNIT NO. 6, NORTHSIDE TERRACE SUBDIVISION, SITUATED IN SECTION 5, TOWNSHIP 18 NORTH, RANGE 4 EAST, AS PER PLAT ON FILE IN PLAT BOOK 16, PAGE 180, PUBLIC RECORDS OF OUACHITA PARISH, LOUISIANA.
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR CERTIFICATEHOLDERS OF THE MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2003-NC10
VS.NO. 065218
BRIAN GALE BROWN AND SHAWN EARNEST BROWN
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT EIGHT (8) OF BLOCK “D” OF PLANTATION PARK SUBDIVISION, UNIT NO. 2, AS PER PLAT IN PLAT BOOK 12, PAGE 68 OF THE RECORDS OF OUACHITA PARISH, LOUISIANA; SUBJECT TO RESTRICTIONS, SERVITUDES, RIGHTS-OF-WAY AND OUTSTANDING MINERAL RIGHTS OF RECORD AFFECTING THE PROPERTY.
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
IBERIA BANK
VS.NO. 092690
AMBER DAWN ARRANT ROBERTSON, BILLIE R ARRANT AND JAMES C ARRANT
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT NINE (9) OF BLOCK FOUR (4) OF UNIT TWO (2) OF CAGE AND WATKINS SUBDIVISION OF THE HAYNES TRACT IN SECTIONS 9 AND 16, TOWNSHIP 17 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT OF RECORD IN PLAT BOOK 8, PAGE 7, RECORDS OF OUACHITA PARISH, LOUISIANA, LESS AND EXCEPT: A. LOT OR PARCEL OF GROUND CONVEYED TO PRENTISS ARRANT PER DEED DATED DECEMBER 14, 1953, OF RECORD IN CONVEYANCE BOOK 537, PAGE 34 B. LOT OR PARCEL OF GROUND CONVEYED TO JAMES CLIFFORD ARRANT, PER DEED DATED NOVEMBER 4, 1968, OF RECORD IN CONVEYANCE BOOK 906, PAGE 735 C. LOT OR PARCEL OF GROUND CONVEYED TO IVAN D. RODGERS, ET UX, PER DEED DATED AUGUST 10, 1976, OF RECORD IN CONVEYANCE BOOK 1080, PAGE 792
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
AMTRUST
VS.NO. 082775
LYNN A HOLLAND AND ANTOINETTE M HOLLAND
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF FIERI FACIAS issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT TWENTY (20) BLOCK A, HIGH COUNTRY ESTATES, SITUATED IN SECTION 17, TOWNSHIP 18 NORTH, RANGE 5 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT FILED IN PLAT BOOK 16, PAGE 184, RECORDS OF OUACHITA PARISH, LOUISIANA. HAVING A MUNICIPAL ADDRESS OF 316 MONARCH DRIVE, MONROE, LA 71203
Seized as the property of the defendants and will be sold to satisfy said WRIT OF FIERI FACIAS and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF18, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-FF18
VS.NO. 082921
FRANK BRIDGES AKA FRANK ALFRED BRIDGES AND ROSIE LATRENDA STATEN BRIDGES AKA ROSIE BRIDGES
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
THE NORTH NINETY (90) FEET OF LOT THREE (3), BLOCK (3) OF THE RESUBDIVISION OF BLOCKS 1, 2, 3, AND 4, UNIT NO. 1, TOWN AND COUNTRY SUBDIVISION, SUBDIVISION LOCATED IN SECTION 9, TOWNSHIP 18 NORTH, RANGE 4 EAST, OUACHITA PARISH, LOUISIANA AS PER PLAT FILED IN PLAT BOOK 10, PAGE 114, RECORDS OF OUACHITA PARISH, LOUISIANA
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
COUNTRYWIDE HOME LOANS SERVICING, L.P.
VS.NO. 084165
RONALD BRUCE WILLIAMS, JR. AND ETTA LOUISE VAN WILLIAMS
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT THIRTY-FIVE (35), UNIT THREE (3), PRESIDENTIAL ESTATES SUBDIVISION AS PER PLAT THEREOF ON FILE IN THE PUBLIC RECORDS OF OUACHITA PARISH, LOUISIANA, HAVING A MUNICIPAL ADDRESS OF 308 TAYLOR DRIVE, MONROE, LOUISIANA 71203. AND ONE (1) MAKE: CHAMPION - RIVIERA 1 YEAR: 2004 BODY: MOBILE HOME VIN: 124-04782 A & B PREVIOUSLY IMMOBILIZED IN CONVEYANCE BOOK 1943, PAGE 359, AS DR#1408277, RECORDS OF OUACHITA PARISH, LOUISIANA.
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
AMERICAN HOME MORTGAGE SERVICING, INC
VS.NO. 091646
ANDREA LOUISE DUNN LOWERY
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
COMMENCE AT THE SE CORNER OF THE SW 1/4 OF SE 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 3 EAST, AND RUN NORTH 89 DEGREES 47’ WEST ALONG THE SOUTH LINE OF SAID SW 1/4 OF SE 1/4 A DISTANCE OF 268.7 FEET; THENCE NORTH 0 DEGREES 13’ EAST PERPENDICULAR TO SAID SOUTH LINE OF SW 1/4 OF SE 1/4, A DISTANCE OF 30 FEET TO THE NORTH LINE OF THE NEW NATCHITOCHES ROAD, THE POINT OF BEGINNING; THENCE FRONTING ALONG THE NORTH RIGHT OF WAY LINE OF THE NEW NATCHITOCHES ROAD, NORTH 89 DEGREES 47’ WEST A DISTANCE OF 120 FEET; THENCE RUNNING BACK BETWEEN PARALLEL LINES, NORTH 0 DEGREES 13’ EAST, PERPENDICULAR TO THE NORTH RIGHT OF WAY LINE OF SAID NEW NATCHITOCHES ROAD, A DISTANCE OF 120 FEET
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
CROSS KEYS BANK
VS.NO. 091970
DRIVEWAY CONSTRUCTION, INC. AND RANDAL TAYLOR A/K/A RANDAL RICHARD TAYLOR
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
TRACT 1:A CERTAIN 1.57 ACRE TRACT OF LAND LOCATED IN SECTIONS 63 AND 11, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT COMMON TO THE NORTHWEST LINE OF RIDGEDALE ROAD, LOTS D AND E OF MILFORD’S SUBDIVISION, AS PER PLAT IN PLAT BOOK 10, PAGE 32, RECORDS OF OUACHITA PARISH, LOUISIANA, PROCEED NORTH 43 DEGREES 32’ EAST ALONG THE NORTHWEST LINE OF SAID RIDGEDALE ROAD, A DISTANCE OF 670.35 FEET, TO THE SOUTHWEST LINE OF A PRIVATE ROAD; THENCE NORTH 39 DEGREES 41’ 30” WEST, ALONG THE SOUTHWEST LINE OF SAID PRIVATE ROAD, A DISTANCE OF 150.26 FEET TO THE POINT OF BEGINNING PROPER, THENCE SOUTH 46 DEGREES 05’ 13” WEST A DISTANCE OF 365.08 FEET; THENCE NORTH 47 DEGREES 16’ 57” WEST A DISTANCE OF 17.15 FEET; THENCE NORTH 84 DEGREES 13’ 08” WEST A DISTANCE OF 35.01 FEET; THENCE NORTH 40 DEGREES 47’ WEST A DISTANCE OF 146.49 FEET; THENCE NORTH 50 DEGREES 18’ 30” EAST A DISTANCE OF 393.70 FEET, TO THE SOUTHWEST LINE OF SAID PRIVATE ROAD; THENCE SOUTH 39 DEGREES 41’ 30” EAST ALONG THE SOUTHWEST LINE OF SAID PRIVATE ROAD A DISTANCE OF 161.54 FEET, BACK TO POINT OF BEGINNING PROPER, LESS AND EXCEPT THE PROPERTY DESCRIBED AT CONVEYANCE BOOK 1311, PAGE 386, AND THE PROPERTY DESCRIBED AT CONVEYANCE BOOK 1611, PAGE 887, RECORDS OF OUACHITA PARISH, LOUISIANA. TRACT 2: A CERTAIN 30 FOOT WIDE LOT OR PARCEL OF GROUND SITUATED IN LOT E MILFORD’S SUBDIVISION IN SECTIONS 63 AND 11, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT OF RECORD IN PLAT BOOK 10, PAGE 32, RECORDS OF OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: FROM THE POINT COMMON TO RIDGEDALE ROAD, LOT D AND E OF SAID MILFORD’S SUBDIVISION, RUN NORTH 43 DEGREES 32’ EAST ALONG THE NORTHERLY LINE OF RIDGEDALE ROAD A DISTANCE OF 286.76 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING CONTINUE NORTH 43 DEGREES 32’ EAST ALONG THE NORTHERLY LINE OF RIDGEDALE ROAD A DISTANCE OF 30 FEET; THENCE RUNNING BACK NORTH 40 DEGREES 47’ WEST BETWEEN PARALLEL LINES, TO THE PARCEL ABOVE DESCRIBED, THE EASTERLY LEG OF SAID 30 FOOT STRIP BEING 165 FEET, MORE OR LESS, IN LENGTH AND THE WESTERLY LEG BEING 200 FEET, MORE OR LESS, IN LENGTH. LOT TEN (10) OF BLOCK TWO (2) OF DREW, MILLER AND HEARD’S RESUBDIVISION OF LOT TWELVE (12) OF ZEIGIN’S SUBDIVISION OF THE RANSOM ESTATE, AS PER PLAT ON FILE AND OF RECORD IN PLAT BOOK 3, PAGE 7, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA. TOGETHER WITH ANY AND ALL PRESENT AND FUTURE BUILDINGS, CONSTRUCTIONS, COMPONENT PARTS, IMPROVEMENTS, ATTACHMENTS, APPURTENANCES, FIXTURES, RIGHTS, WAYS, PRIVILEGES, ADVANTAGES, BATTURE, AND BATTURE RIGHTS, SERVITUDES AND EASEMENTS OF EVERY TYPE AND DESCRIPTION, NOW AND/OR IN THE FUTURE RELATING TO THE PROPERTY, AND ANY AND ALL ITEMS AND FIXTURES ATTACHED TO AND/OR FORMING INTEGRAL OR COMPONENT PARTS OF THE PROPERTY IN ACCORDANCE WITH THE LOUISIANA CIVIL CODE. ONE (1) 1999 INGERSOLL-RAND RIDE ON ROLLER MODEL #DD-24, SER #159556 ONE (1) 1984 MACK TR, VIN #1M2N179Y8EA092265
ONE (1) KEBELCO EXCAVATOR MODEL SK03, SER# 0529797
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
GMAC MORTGAGE, LLC
VS.NO. 092686
RANDY C. WATSON AKA RANDY CLAY WATSON AND JUDY A. WATSON, AKA JUDY G. WATSON
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
A CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE SW/4 OF THE SE/4 OF SECTION 30, T17N, R1E, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A 1” IRON PIPE FOUND MARKING THE SE CORNER OF SECTION 30, T17N, R1E, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA; PROCEED NORTH 89 DEGREES 59 MINUTES 08 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF 1,330.48 FEET TO A SET 5/8” REBAR; THENCE PROCEED NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST ALONG THE EAST LINE OF SAID SW/4 OF SE/4 OF SECTION 30, A DISTANCE OF 332.56 FEET TO A SET 5/8” REBAR AND THE POINT OF BEGINNING; THENCE PROCEED NORTH 89 DEGREES 59 MINUTES 33 SECONDS WEST, A DISTANCE OF 1,329.76 FEET TO A SET 5/8” REBAR; THENCE PROCEED NORTH 00 DEGREES 10 MINUTES 19 SECONDS EAST ALONG THE WEST LINE OF SAID SW/4 OF THE SE/4 OF SECTION 30, A DISTANCE OF 332.40 FEET TO A SET 5/8” REBAR; THENCE PROCEED SOUTH 89 DEGREES 59 MINUTES 58 SECONDS EAST, A DISTANCE OF 1,329.04 FEET TO A SET 5/8” REBAR; THENCE PROCEED SOUTH 00 DEGREES 02 MINUTES 53 SECONDS WEST ALONG THE EAST LINE OF SAID SW/4 OF THE SE/4 OF SECTION 30, A DISTANCE OF 332.56 FEET TO THE POINT OF BEGINNING, CONTAINING 10.15 ACRES MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS-OF-WAY OF RECORD AND/OR USE; SUBJECT TO RESTRICTIONS, SERVITUDES, RIGHTS-OF-WAY AND OUTSTANDING MINERAL RIGHTS OF RECORD AFFECTING THE PROPERTY. TOGETHER WITH A 60 FOOT WIDE RIGHT-OF-WAY FOR INGRESS AND EGRESS AS SHOWN ON PLAT ATTACHED TO CIVIL SUIT NO. 04-3124, RECORDS OF OUACHITA PARISH, LOUISIANA DATED AUGUST 17, 2005. TOGETHER WITH A 60 FOOT WIDE RIGHT-OF-WAY INGRESS AND EGRESS AS SHOWN ON PLAT PREPARED BY THOMAS A. SEMMES, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DATED DECEMBER 2005. THIS DESCRIPTION IS BASED ON A BOUNDARY SURVEY PERFORMED BY RODNEY A. RAY, REGISTERED PROFESSIONAL LAND SURVEYOR, DATED JULY 2005. THAT CERTAIN MANUFACTURED HOME/MOBILE SITUATED ON THE ABOVE DESCRIBED PROPERTY, BEING A 2006 DEER VALLEY MODEL DVT-8401 BEARING SERIAL #DVAL10701524A&B, WHICH SAID MANUFACTURED HOME/MOBILE HOME WAS IMMOBILIZED PURSUANT TO ACT OF IMMOBILIZATION DATED MAY 25, 2006 AND FILED FOR RECORD AS INSTRUMENT NO. 1511482 OF THE RECORDS OF OUACHITA PARISH, LOUISIANA.
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
VS.NO. 092739
DANIEL J. HAVENS, JR. AKA DANIEL JOSEPH HAVENS, JR.
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
A CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN SECTION 3, TOWNSHIP 16 NORTH, RANGE 4 EAST, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 16 NORTH, RANGE 4 EAST, LAND DISTRICT NORTH OF RED RIVER; OUACHITA PARISH, LOUISIANA (SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT NO. 19 OF UNIT NO. 1 OF PRAIRIE ROAD ESTATES, RECORDED IN PLAT BOOK 13, PAGE 29, RECORDS OF OUACHITA PARISH, LOUISIANA), AND PROCEED SOUTH 89 DEGREES 30 MINUTES WEST ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 3 AND THE SOUTH LINE OF LOT NO. 19 OF PRAIRIE ROAD ESTATES, A DISTANCE OF 904.52 FEET TO THE SOUTHWEST CORNER OF LOT NO. 19, THE SOUTHEAST CORNER OF LOT NO. 18 AND THE INTERSECTION OF THE PROJECTION OF THE WEST RIGHT OF WAY LINE OF SUE DRIVE; THENCE PROCEED NORTH 02 DEGREES 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID LOT NO.18, THE WEST LINE OF LOT NO. 19, THE PROJECTION OF THE WEST RIGHT OF WAY LINE OF SUE DRIVE AND THE WEST RIGHT OF WAY LINE OF SUE DRIVE, A DISTANCE OF 1,050.00 FEET TO A 5/8” REBAR SET AT THE SOUTHEAST CORNER OF LOT NO.13, UNIT NO. 1 OF PRAIRIE ROAD ESTATES AND THE POINT OF BEGINNING; THENCE PROCEED SOUTH 89 DEGREES 27 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT NO. 13, A DISTANCE OF 478.88 FEET TO A SET 5/8” REBAR; THENCE PROCEED NORTH 08 DEGREES 40 MINUTES 45 SECONDS WEST, A DISTANCE OF 212.05 FEET TO A 5/8” REBAR SET ON THE NORTH LINE OF SAID LOT NO. 13; THENCE PROCEED NORTH 89 DEGREES 27 MINUTES 3 SECONDS EAST, A DISTANCE OF 503.00 FEET TO A 5/8” REBAR SET AT THE NORTHEAST CORNER OF SAID LOT NO. 13 AND A POINT ON THE EAST RIGHT OF WAY LINE OF SUE DRIVE; THENCE PROCEED SOUTH 02 DEGREES 09 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID LOT NO. 13 AND THE WEST RIGHT OF WAY LINE OF SUE DRIVE, A DISTANCE OF 210.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT NO. 13 AND THE POINT OF BEGINNING, CONTAINING 2.37 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND SERVITUDES OF RECORD AND/OR USE. MUNICIPALLY KNOWN AS 172 SUE DRIVE, MONROE, LOUISIANA 71202.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
EVERHOME MORTGAGE COMPANY
VS.NO. 092744
JIMMIE HENRY
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT 10 OF BLOCK 4, UNIT NO. 1, GREATER MONROE DEVELOPMENT COMPANY, INC., BEING A RESUBDIVISION OF THE WEST HALF OF BLOCKS 15, 38-A, 43, 68 AND 73-A AND THE EAST HALF OF BLOCKS 16, 37, 44, 67 AND 74 OF THE COTTON MILL SECOND ADDITION TO THE CITY OF MONROE, AS PER PLAT IN PLAT BOOK 9, PAGE 6, RECORDS OF OUACHITA PARISH, LOUISIANA. WHICH HAS THE ADDRESS OF 1106 SOUTH 9TH STREET, MONROE, LA 71202
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
VS.NO. 092854
GARY L HEDRICK , III
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, November 18, 2009, beginning at 10:00 A.M., the following described property, to wit:
TRACT 1 A CERTAIN LOT OR PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 18, TOWNSHIP 18 NORTH, RANGE 3 EAST, RUN NORTH 89 DEGREES 55’ 18” WEST ALONG THE SOUTH SIDE OF SAID NORTHEAST QUARTER OF NORTHWEST QUARTER FOR A DISTANCE OF 290.40 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING RUN NORTH 00 DEGREES 14’ 24” EAST FOR A DISTANCE OF 67.5 FEET; THENCE RUN NORTH 89 DEGREES 55’ 18” WEST PARALLEL TO THE SOUTH LINE OF NORTHEAST QUARTER OF NORTHWEST QUARTER TO A POINT ON THE CENTERLINE OF CRAFT ROAD; THENCE RUN SOUTH 38 DEGREES 21’ WEST FOR A DISTANCE OF 80.11 FEET; THENCE RUN SOUTH 89 DEGREES 55’ 18” EAST ON THE SAID SOUTH LINE OF NORTHEAST QUARTER OF NORTHWEST QUARTER FOR A DISTANCE OF 356.60 FEET TO THE POINT OF BEGINNING; AND TRACT 2 A CERTAIN LOT OR PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18; TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 18, TOWNSHIP 18 NORTH, RANGE 3 EAST, RUN NORTH 89 DEGREES 55’ 18” WEST ALONG THE SOUTH SIDE OF SAID NORTHEAST QUARTER OF NORTHWEST QUARTER FOR A DISTANCE OF 290.40 FEET; THENCE RUN NORTH 00 DEGREES 14’ 24” EAST FOR A DISTANCE OF 67.5 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING CONTINUE NORTH 00 DEGREES 14’ 24” EAST A DISTANCE OF 82.5 FEET; THENCE RUN NORTH 89 DEGREES 55’ 18” WEST A DISTANCE OF 218.03 FEET TO THE CENTERLINE OF CRAFT ROAD; THENCE RUN SOUTH 56 DEGREES 24’ WEST A DISTANCE OF 69.14 FEET; THENCE RUN SOUTH 33 DEGREES 13’ WEST A DISTANCE OF 58.23 FEET; THENCE RUN SOUTH 89 DEGREES 55’ 18” EAST ON A LINE PARALLEL TO THE SOUTH SIDE OF NORTHEAST QUARTER OF NORTHWEST QUARTER BACK TO THE POINT OF BEGINNING, SAID PROPERTY BEING SUBJECT TO A 25 FOOT RIGHT OF WAY FOR INGRESS AND EGRESS ALONG NORTHERLY EDGE OF PARCEL; SUBJECT TO RESTRICTIONS, SERVITUDES, RIGHTS-OF-WAY AND OUTSTANDING MINERAL RIGHTS OF RECORD AFFECTING THE PROPERTY
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
October 15, 2009 & November 12, 2009
_____________________________________________________________
SHERIFF’S SALE
LITTON LOAN SERVICING LP
VS.NO. 071288
LOTTIE SIMMONS DICKSON
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
THE WEST TWENTY FIVE FEET (25’) OF LOT EIGHT (8) AND THE EAST TWENTY FIVE (25’) FEET OF LOT SEVEN (7) OF BLOCK NINE (9) OF HIGHLAND PARK ADDITION TO MONROE, BEING A PORTION OF HARDTIMES PLANTATION, AS PER PLAT BOOK 3, PAGE 8, RECORDS OF OUACHITA PARISH LOUISIANA. MUNICIPAL NUMBER: 202 HARN STREET, MONROE, LA 71201
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
COMMUNITY TRUST BANK
VS.NO. 083923
BILLIE T MCCREADY AND THE SUCCESSION OF KENNETH L MCCREADY
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
A CERTAIN TRACT OR PARCEL OF LAND SITUATED IN OUACHITA PARISH, LOUISIANA, TOGETHER WITH ALL THE BUILDINGS AND IMPROVEMENTS THEREON, AND ALL THE RIGHTS, PRIVILEGES AND SERVITUDES, THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, SUBJECT TO RECORDED RESTRICTIONS, SERVITUDES AND RIGHTS OF USE AFFECTING SAID PROPERTY, MORE FULLY DESCRIBED AS FOLLOWS: A CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 1 EAST, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A CONCRETE MONUMENT FOUND MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 1 EAST, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA, AND PROCEED NORTH 89 DEGREES 57 MINUTES 19 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 492.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 57 MINUTES 19 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 516.51 FEET TO A SET 5/8” REBAR; THENCE PROCEED NORTH 00 DEGREES 14 MINUTES 57 SECONDS EAST, A DISTANCE OF 1,325.17 FEET TO A 5/8’ REBAR SET ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 8; THENCE PROCEED NORTH 89 DEGREES 54 MINUTES 06 SECONDS EAST ALONG THE NORTH LINE OF SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 520.05 FEET TO A SET 5/8” REBAR; THENCE PROCEED SOUTH 00 DEGREES 24 MINUTES 07 SECONDS EAST, A DISTANCE OF 1,326.49 FEET TO THE POINT OF BEGINNING, CONTAINING 15.77 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND SERVITUDES OF RECORD OR OF USE THIS DESCRIPTION IS BASED ON THE BOUNDARY SURVEY PERFORMED BY THOMAS A SEMMES, JR, REGISTERED PROFESSIONAL LAND SURVEYOR IN SEPTEMBER, 2004.
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
CAPITAL ONE, N.A.
VS.NO. 084543
RONNIE JOE RAY AND CATHERINE DENISE MANN RAY
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT 59, UNIT NO. 1 OF BELLE MEADE SUBDIVISION IN OUACHITA PARISH, LOUISIANA, AS PER PLAT IN PLAT BOOK 13, PAGE 90, RECORDS OF OUACHITA PARISH, LOUISIANA. PROPERTY SITUATED IN THE PARISH OF OUACHITA, STATE OF LOUISIANA. THE IMPROVEMENTS THEREON BEAR THE MUNICIPAL NUMBER 101 MONTICELLO DRIVE, MONROE, LA 71203.
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
UNITED STATES OF AMERICA RURAL DEVELOPMENT UNITED STATES DEPARTMENT OF AGRICULTURE
VS.NO. 084580
GOVERNOR ELIJAH JACKSON
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT 69, UNIT 3, PRESIDENTIAL ESTATES, SITUATED IN SE 1/4 OF THE NE 1/4 OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 5 EAST, OUACHITA PARISH, LOUISIANA, PLAT BOOK 16, PAGE 2
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash to the last and highest bidder, to be sold at a minimum of court costs, being a second offering of the said property.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-8
VS.NO. 091411
LEHMAN DANIEL JONES AND TERIE MICHELLE HENDRY JONES
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
A CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 24 TOWNSHIP 18 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 24, TOWNSHIP 18 NORTH, RANGE 2 EAST, PROCEED SOUTH ALONG SAID SECTION LINE A DISTANCE OF 153.19 FEET TO THE POINT OF BEGINNING; THENCE TURNING A DEFLECTION ANGLE TO THE RIGHT OF 89 DEGREES 05 MINUTES 28 SECONDS PROCEED A DISTANCE OF 304.21 FEET; THENCE RUNNING A DEFLECTION ANGLE TO THE LEFT OF 88 DEGREES 59 MINUTES 22 SECONDS PROCEED 283.23 FEET; THENCE TURNING A DEFLECTION ANGLE TO THE LEFT OF 91 DEGREES 00 MINUTES 38 SECONDS, PROCEED 304.72 FEET; THENCE TURNING A DEFLECTION ANGLE TO THE LEFT OF 89 DEGREES 05 MINUTES 28 SECONDS, PROCEED 286.22 FEET TO THE POINT OF BEGINNING AND BEING MORE PARTICULARLY DESIGNATED AS TRACT “B” UPON THAT CERTAIN PLAT PREPARED BY JERRY MACK MADDEN, REGISTERED LAND SURVEYOR, DATED THE 8TH DAY OF AUGUST, 1978, AND BEING ATTACHED TO THAT CERTAIN DEED BETWEEN WORLD WIDE MISSIONARY AND EDUCATIONAL FOUNDATION & LEON C. HART, JR. ET UX, RECORDED IN CONVEYANCE BOOK 1152, PAGE 677, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA. TOGETHER WITH A RIGHT OF WAY FOR EGRESS AND INGRESS BY WAY OF A STRIP OF LAND SIXTY FEET WIDE LYING EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (E 1/2 OF NW 1/4 OF NW 1/4) OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 2 EAST, RUNNING FOR A LENGTH OF 220 FEET FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 2 EAST, AS SAME ON THE AFOREMENTIONED PLAT PREPARED BY JERRY MACK MADDEN. AND FURTHER BEING PROVIDED INGRESS AND EGRESS BY VIRTUE OF AN ACT OF SERVITUDE OF PASSAGE BETWEEN LEON C. HART, JR., ET UX, RECORDED IN CONVEYANCE BOOK 1152, PAGE 683, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 2 EAST, PROCEED IN A NORTHEASTERLY DIRECTION ALONG SAID SECTION LINE A DISTANCE OF 204.86 FEET TO A POINT WHICH IS SECTION 13, TOWNSHIP 18 NORTH, RANGE 2 EAST, THENCE TURNING A DEFLECTION ANGLE TO THE LEFT OF 90 DEGREES 01 MINUTES 56 SECONDS, PROCEED IN AN EASTERLY DIRECTION A DISTANCE OF 304.02 FEET; THENCE TURNING A DEFLECTION ANGLE TO THE LEFT OF 89 DEGREES 59 MINUTES 30 SECONDS, PROCEED IN A SOUTHERLY DIRECTION 294.73 FEET TO THE POINT OF BEGINNING OF SAID SERVITUDE OF PASSAGE; THENCE TURNING A DEFLECTION ANGLE TO THE RIGHT OF ANGLE 90.0 DEGREES, PROCEED IN AN EASTERLY DIRECTION 304.37 FEET; THENCE TURNING A DEFLECTION ANGLE TO THE LEFT OF 90 DEGREES, PROCEED IN A SOUTHERLY DIRECTION 60.06 FEET; THENCE RUNNING A DEFLECTION ANGLE TO THE LEFT 91 DEGREES 00 MINUTES 38 SECONDS, PROCEED IN A WESTERLY DIRECTION 364.37 FEET TO A POINT; THENCE TURNING A DEFLECTION ANGLE TO THE LEFT AND PROCEED IN A STRAIGHT LINE AND IN A MORE OR LESS NORTHWESTERLY DIRECT IN BACK TO THE POINT OF BEGINNING OF SAID SERVITUDE OF PASSAGE, AND AS ALL IS MORE PARTICULARLY OUTLINED UPON THE 1ST PREPARED BY JERRY MACK MADDEN DATED THE 10TH DAY OF AUGUST, 1978, WHICH IS ATTACHED TO SAID SERVITUDE OF PASSAGES RECORDED IN CONVEYANCE BOOK 1152, PAGE 683, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA. A CERTAIN TRACT OR PARCEL OF LAND CONTAINING 0.475 ACRES, MORE OR LESS, SITUATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (E 1/2 OF NW 1/4 OF NW 1/4) OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE SAID E 1/2 OF NW 1/4 OF NW 1/4, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID E 1/2 OF NW 1/4 OF NW 1/4 A DISTANCE 439.41 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN TRACT CONVEYED TO LEON HART AS PER DEED RECORDED IN CONVEYANCE BOOK 1152, PAGE 677, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA AND THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 05 MINUTES 28 SECONDS RIGHT, CONTINUE WESTERLY ALONG THE SOUTH LINE OF SAID HART TRACT A DISTANCE OF 304.72 FEET TO THE SOUTHWEST CORNER OF SAID HART TRACT; THENCE TURNING A DEFLECTION ANGLE OF 155 DEGREES 49 SECONDS LEFT, CONTINUE SOUTHEASTERLY A DISTANCE OF 331.67 FEET TO THE CENTER OF A LOUISIANA POWER AND LIGHT TRANSMISSION LINE (100 FOOT R/W) AND THE EAST LINE OF SAID E 1/2 OF NW 1/4 OF NW 1/4; THENCE TURNING A DEFLECTION ANGLE OF 113 DEGREES 16 MINUTES 28 SECONDS LEFT, CONTINUE NORTHERLY ALONG THE EAST LINE OF SAID EAST 1/2 OF NW 1/4 OF NW 1/4, A DISTANCE OF 135.89 FEET TO THE POINT OF BEGINNING AND BEING SUBJECT TO THE RIGHT-OF-WAY OF LOUISIANA POWER AND LIGHT TRANSMISSION LINES AND ALL OTHER RIGHTS-OF-WAY, EASEMENTS AND SERVITUDES OF RECORD OR OF USE. IMPROVEMENTS THEREON BEAR THE MUNICIPAL NO. 137-9 NAPOLEON ROAD, WEST MONROE, LA 71292
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
VS.NO. 091622
NORMA BATES LANCASTER
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
THAT CERTAIN PIECE OR PORTION OF GROUND, TOGETHER WITH ALL BUILDINGS AND IMPROVEMENTS THEREON, AND ALL OF THE RIGHTS, WAYS, PRIVILEGES, SERVITUDES, APPURTENANCES AND ADVANTAGES THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT FIFTEEN (15), UNIT ONE (1), HILLSIDE PARK SUBDIVISION, SITUATED IN THE SOUTHEAST QUARTER (SE 1/4) OF NORTHEAST QUARTER (NE 1/4) OF NORTHEAST QUARTER (NE 1/4) OF SOUTHEAST QUARTER (SE 1/4) OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT IN PLAT BOOK 14, PAGE 107, RECORDS OF OUACHITA PARISH, LOUISIANA. BEARING MUNICIPAL ADDRESS OF 400 HILLSIDE CIRCLE, WEST MONROE, LOUISIANA 71291
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
CHASE HOME FINANCE LLC
VS.NO. 093084
CYNTHIA Y CROSBY
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT TEN (10), UNIT NO 1, BELLE MEADE SUBDIVISION, SITUATED IN SECTIONS 11 AND 17, TOWNSHIP 18 NORTH, RANGE 4 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT IN PLAT BOOK 13, PAGE 90, RECORDS OF OUACHITA PARISH, LOUISIANA.
BEARING THE MUNICIPAL NO. 118 BELLE MEADE DRIVE, MONROE, LA 71203
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS 2003-55 AND/OR MERS AS APPROPRIATE
VS.NO. 093139
LUCILLE BAXTER PRUETT, ET AL
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
A TRACT OF LAND THAT IS A PORTION OF LOTS 25 AND 26 OF THE HAYNES SUBURBAN HOMESITE PARTITION LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 36, T18N, R3E IN OUACHITA PARISH, LOUISIANA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 2” IRON PIPE AT THE SOUTH CORNER OF THE BYRD ROAD/BRASHER LAND INTERSECTION IN THE NE 1/4 OF THE SW 1/4 OF SECTION 36, T18N, R3E, THEN RUNNING S 89 DEGREES 31’19” W A DISTANCE OF 587.54 FEET WHICH IS THE POINT OF BEGINNING PROPER, THEN CONTINUING S 89 DEGREES 31’19” W A DISTANCE OF 72.70 FEET TO AN 1/2” IRON PIN, WHICH IS A POINT COMMON TO CORNERS OF LOTS 25, 26, 27 AND 28 OF THE HAYNES SUBURBAN HOMESITE PARTITION, THEN CONTINUING S 89 DEGREES 31’19” W A DISTANCE OF 198.86 FEET, WHICH IS ABOUT 30 FEET INTO THE LAKE, THEN TURNING N 10 DEGREES 26’57” E (CALCULATED) FOR A DISTANCE OF 233.13 FEET (CALCULATED), THEN TURNING N 78 DEGREES 21’ 19” E FOR A DISTANCE OF 126.29 FEET, THEN TURNING S 24 DEGREES 29’41” E FOR A DISTANCE OF 253.67 FEET, THEN TURNING S 00 DEGREES 28’41” E FOR A DISTANCE OF 22.5 FEET AND THUS TO THE POINT OF BEGINNING PROPER. SAID PARCEL IS A PORTION OF LOTS 25 AND 26 OF THE HAYNES SUBURBAN HOMESITE PARTITION IN THE NE 1/4 OF THE SW 1/4, SECTION 36, T18N, R3E, OUACHITA PARISH, LOUISIANA, AND HAS AN AREA OF 1.11 ACRES MORE OR LESS.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITH benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
BAC HOME LOANS SERVICING, L.P.
VS.NO. 093221
FRANK ALAN BRIGGS AND HEIDI MARIE BRIGGS
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
ALL OF THAT PORTION OF THE EAST ONE THIRD (1/3) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE 1/4 OF NE 1/4) OF SECTION 30, TOWNSHIP 16 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, DISTRICT NORTH OF RED RIVER, NORTH OF THE CENTERLINE OF A DIRT ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE IRON PIN SET AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE 1/4 OF NE 1/4) OF SECTION 30, TOWNSHIP 16 NORTH, RANGE 2 EAST, DISTRICT NORTH OF RED RIVER, RUN NORTH 89 DEGREES 37 1/4’ WEST ALONG THE NORTH LINE OF SAID ONE-SIXTEENTH SECTION 441.95 FEET TO AN IRON PIN; THENCE SOUTH 630.5 FEET TO AN IRON PIN SET 30 FEET FROM THE CENTERLINE OF A DIRT ROAD; THENCE CONTINUING SOUTH 30.05 FEET TO A POINT IN THE CENTERLINE OF SAID DIRT ROAD; THENCE SOUTH 86 DEGREES 53’ EAST WITH SAID CENTERLINE 408.3 FEET; THENCE WITH SAID CENTERLINE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT 34.3 FEET TO A POINT IN THE EAST LINE OF SAID ONE-SIXTEENTH SECTION, SAID CURVE HAVING A RADIUS OF 170 FEET AND A LONG CHORD OF 34.25 FEET, BEARING NORTH 87 DEGREES 20’ EAST; THENCE NORTH WITH THE EAST LINE OF SAID ONE-SIXTEENTH SECTION 30.4 FEET TO AN IRON PIN; THENCE CONTINUING NORTH, WITH SAID EAST LINE, 647.85 FEET TO THE POINT OF BEGINNING, CONTAINING 6.81 ACRES, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA. LESS AND EXCEPT A CERTAIN 3.4 ACRE TRACT OF LAND LOCATED IN THE EAST ONE-THIRD (E 1/3) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE 1/4 OF NE 1/4) OF SECTION 30, TOWNSHIP 16 NORTH, RANGE 2 EAST, NORTH OF THE CENTERLINE OF DIRT ROAD, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30, RUN NORTH 89 DEGREES 37 1/4’ WEST ALONG THE NORTH LINE OF SECTION 30, A DISTANCE OF 221 FEET; THENCE RUN SOUTH AND PARALLEL TO THE EAST LINE OF SECTION 30 A DISTANCE OF 669 FEET, MORE OR LESS, TO A POINT ON THE CENTERLINE OF DIRT ROAD (CUMMINS ROAD); THENCE RUN EASTERLY ALONG THE CENTERLINE OF ROAD, A DISTANCE OF 221 FEET, MORE OR LESS TO A POINT ON THE EAST LINE OF SECTION 30, THENCE RUN NORTH ALONG THE EAST LINE OF SECTION 30, A DISTANCE OF 678.25 FEET TO THE POINT OF BEGINNING, CONTAINING 3.4 ACRES, MORE OR LESS
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
SHERIFF’S SALE
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
VS.NO. 093244
DUSTIN A BARNETT AND JENNY N BARNETT
STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH DISTRICT COURT
By virtue of a WRIT OF SEIZURE AND SALE issued from the Honorable Fourth Judicial District Court in and for the Parish of Ouachita, State of Louisiana, in the above entitled and numbered cause to me directed I have seized and taken into my possession and will offer for sale at the Ouachita Parish Courthouse in the City of Monroe, Louisiana, between the legal hours of sale on Wednesday, December 16, 2009, beginning at 10:00 A.M., the following described property, to wit:
LOT 10 OF LINER SUBDIVISION BEING A SUBDIVISION OF A PORTION OF LOT 3 OF THE RESURVEY OF THE NOLAN TRACT IN SECTION 17 TOWNSHIP 18 NORTH, RANGE 4 EAST, OUACHITA PARISH, LOUISIANA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGE 43 ,RECORDS OF OUACHITA PARISH, LOUISIANA. MUNICIPAL NO 119 LINER DRIVE, MONROE, LA 71203
Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale cash WITHOUT benefit of appraisement to the last and highest bidder.
ROYCE TONEY, SHERIFF
Ouachita Parish
Monroe, LA
November 12, 2009 & December 10, 2009
_____________________________________________________________
NOTICE
I, Theresa Williams, DOC#504341, date of birth 1/9/1982, currently residing in Caldwell Parish, Louisiana, have applied for my clemency for my conviction of aggravated battery, which occurred on Jan. 9, 2006, in Ouachita Parish, Louisiana. If you have any comments or wish to communicate with the Board of Pardons, please call (225) 342-5421.
11/12,11/19,11/26
_____________________________________________________________
PUBLIC NOTICE
COMMISSIONER-IN-CHARGE
INSTRUCTION CLASS
The School of Instruction for those Certified Commissioners who wish to serve as Commissioner-In-Charge in Ouachita Parish for the year 2010 will be held:
(1) Friday, November 20, 2009, 12:00 Noon, at the Monroe Civic Center (Fort Miro Room)
OR
(2) Monday, November 23, 2009, 12:00 Noon, at the West Monroe Convention Center.
All interested persons are invited to attend. In accordance with LA R.S. 18:424B, you must have the following qualifications to serve as a Commissioner-In-Charge:
1. He shall be a qualified voter in the parish in which he is to serve who is not entitled to assistance in voting.
2. He shall not be a candidate for election to public office nor be a member of the immediate family of a candidate for election to public office in the precinct in which he serves.
3. He shall not have been convicted of an election offense.
4. He shall have successfully completed a general course of instruction for Commissioners-In-Charge and provided his correct party affiliation to the Clerk.
5. He shall have served as a Commissioner in at least two (2) elections during the last four years.
If interested, you must apply in person or by letter to:
Bill Hodge, Clerk of Court, PO Box 1862, Monroe, LA 71210-1862.
Office address of 301 S. Grand St Room 104, Monroe, LA
You must also indicate which school of instruction you wish to attend. The Ouachita Parish Board of Election Supervisors will meet Friday, December 4, 2009, at 10:00 a.m. in the office of the Clerk of Court to select a Commissioner-In-Charge to serve in each precinct for the year 2010.
BILL HODGE
OUACHITA PARISH CLERK OF COURT
11/12
_____________________________________________________________
NOTICE OF PUBLIC HEARING
A Public Hearing on the Department of Transportation and Development’s proposed Highway Program for State Fiscal Year 2010-2011 will be held at the Franklin Media Center, 7923 Prairie Road, Winnsboro, LA, 71295, on Monday, November 16, 2009 at 10:00 a.m.
The purpose of this Public Hearing is to review highway construction priorities for the fiscal year 2010-2011 for the parishes of Caldwell, Catahoula, Concordia, Franklin, LaSalle, and Tensas which comprise Highway District 58.
A copy of the Preliminary Program for Fiscal Year 2010-2011 is available for review by interested persons at the Department of Transportation and Development District 58 Administrator’s office, 6217 Hwy 15 South, Chase, LA, 71324, and also at the Louisiana Department of Transportation and Development Headquarters Building, 1201 Capitol Access Road, Room 200U, Baton Rouge, LA 70802. A copy can also be downloaded from www.dotd.la.gov under Public Information then Public Meetings.
All interested persons are invited to be present at the above time and place for the purpose of becoming fully acquainted with the proposed program and will be afforded an opportunity to express their views.
Oral testimony will be received. However, in order that all persons desiring to make a statement have an equal opportunity to do so, it is requested that every effort be made to complete individual testimony in as short a period of time as possible. Oral testimony may be supplemented by presenting important facts and documentation in writing. Your cooperation and assistance will be appreciated.
Written statements and comments should be handed to the committee conducting the Hearing, or mailed to the following address, postmarked within 30 calendar days following the Hearing:
LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
(SECTION 85)
P.O. BOX 94245
BATON ROUGE, LA 70804-9245
If you have any questions or comments regarding the public hearing, contact Mary Elliott at (225) 379-1218. Should anyone requiring special assistance due to a disability wish to participate in this public hearing, please contact LADOTD by mail at the address or by telephone shown above at least five days prior to the date of the public hearing.
11/12
_____________________________________________________________
LCDBG APPLICATION AVAILABLE FOR REVIEW
The Ouachita Parish Police Jury announces that an application for FY 2010 - FY 2011 Louisiana Community Development Block Grant (LCDBG) public facilities funds will be submitted for the following:
ACTIVITY: LCDBG funds will be used to make streets improvements.
OBJECTIVE: To principally benefit low and moderate income persons.
LOCATION: The target area consists of Gary and Lilac Streets.
AMOUNT: $227,025 streets
$227,025 total to be requested (LCDBG)
All citizens, particularly persons of low and moderate income and residents of blighted areas, are encouraged to submit their comments and proposals to the President at the following address by November 22, 2009:
Office of the President
Ouachita Parish Police Jury
Post Office Box 3007
Monroe, Louisiana 71210-3007
(318)327-1340
The application is to be submitted to the State’s Office of Community Development on or about November 23, 2009. A copy of the application and the Ouachita Parish Police Jury’s adopted Citizen Participation Plan will be available for review beginning November 16, 2009, at the Police Jury Office in Monroe, Louisiana by appointment Monday through Friday.
An interpreter will be made available to accommodate the needs of the non-English speaking persons and accommodations will made for the handicapped, provided the Ouachita Parish Police Jury is notified of the type assistance required and given at least three (3) days notice of their intention to appear.
11/12
_____________________________________________________________
LCDBG APPLICATION AVAILABLE FOR REVIEW
The Ouachita Parish Police Jury announces that an application for FY 2010 - FY 2011 Louisiana Community Development Block Grant (LCDBG) public facilities funds will be submitted for the following:
ACTIVITY: LCDBG funds will be used to make streets improvements.
OBJECTIVE: To principally benefit low and moderate income persons.
LOCATION: The target area consists of Tim, Adell, Hazelwood, Nat, Rowan, Blazier, and Cooper Streets.
AMOUNT: $298,535 streets
$298,535 total to be requested (LCDBG)
All citizens, particularly persons of low and moderate income and residents of blighted areas, are encouraged to submit their comments and proposals to the President at the following address by November 22, 2009:
Office of the President
Ouachita Parish Police Jury
Post Office Box 3007
Monroe, Louisiana 71210-3007
(318)327-1340
The application is to be submitted to the State’s Office of Community Development on or about November 23, 2009. A copy of the application and the Ouachita Parish Police Jury’s adopted Citizen Participation Plan will be available for review beginning November 16, 2009, at the Police Jury Office in Monroe, Louisiana by appointment Monday through Friday.
An interpreter will be made available to accommodate the needs of the non-English speaking persons and accommodations will made for the handicapped, provided the Ouachita Parish Police Jury is notified of the type assistance required and given at least three (3) days notice of their intention to appear.
11/12
_____________________________________________________________
PUBLIC NOTICE
LCDBG APPLICATION AVAILABLE FOR REVIEW
The City of West Monroe announces that an application for FY 2010/2011 Louisiana Community Development Block Grant (LCDBG) funds will be submitted for the following:
ACTIVITY: LCDBG funds will be used for street improvements.
OBJECTIVE: Benefit low/moderate income citizens.
LOCATION: North 5th (Pine Street to Crosley Street)
AMOUNT:
$267,619.00 Construction
$0.00 Acquisition
$41,500.00 Engineering (Local)
$40,00.00 Administration (Local)
$267,619.00 Total to be Requested
All citizens, particularly persons of low to moderate income residents of blighted areas, are encouraged to submit their views and proposals by November 16, 2009 to the City of West Monroe at the following address:
Dave Norris, Mayor
City of West Monroe
2305 N. Seventh
West Monroe, Louisiana 71291
Telephone Number: 318/397-2382
The application is to be submitted to the State’s Office of Community Development on or about November 23, 2009. A copy of the Application and Citizen Participation Plan will be available for review at the City Clerk between the hours of 8:00 am & 4:30 pm, Monday through Friday.
11/12
_____________________________________________________________
PUBLIC NOTICE
NOTICE is hereby given that the Board of Adjustments of the City of West Monroe will meet in legal session on Monday, November 23, 2009, at 5:30 PM in the Council Chambers of West Monroe City Hall to review the following application(s):
APPLICATION NO: PASE-09-15000001
APPLICANT: KENNETH JUSTICE, KEN'S BODY SHOP INC.
LOCATION: 1500 CYPRESS STREET
REQUEST: PLANNING APPROVAL / SPECIAL EXCEPTION TO ALLOW AUTO BODY REPAIR IN A B-3 (GENERAL BUSINESS) ZONE.
LGL DSCRP: LOTS 9 & 10 SQ 2 HEARD & WALLACE 1ST ADDN.
The public is invited to attend.
11/5,11/12,11/19
_____________________________________________________________
PUBLIC NOTICE
NOTICE is hereby given that the Planning Commission of the City of West Monroe will meet in legal session on Monday, November 16, 2009, at 5:00 p.m. in the Council Chambers of West Monroe City Hall to review the following application(s):
APPLICATION NO: ZC-09-45000004
APPLICANT: EUNICE BURNETT BY CHARLES SMITH AND JOSHUA SMITH
LOCATION: 804 SPLANE DRIVE
806 SPLANE DRIVE
REQUEST: ZONE CHANGE FROM B-3 (GENERAL BUSINESS) TO B-1 (TRANSITION BUSINESS) DISTRICT. HAS PLANS TO BUILD A SINGLE FAMILY RESIDENCE AT THIS LOCATION.
LGL DSCRP: A PORTION OF LOT 2 BLOCK 7 SPLANE PLACE ADDITION.
APPLICATION NO: PASE-09-15000001
APPLICANT: KENNETH JUSTICE, KEN'S BODY SHOP INC.
LOCATION: 1500 CYPRESS STREET
REQUEST: PLANNING APPROVAL / SPECIAL EXCEPTION TO ALLOW AUTO BODY REPAIR IN A B-3 (GENERAL BUSINESS) ZONE.
LGL DSCRP: LOTS 9 & 10 SQ 2 HEARD & WALLACE 1ST ADDN.
APPLICATION NO: ZC-09-45000005
APPLICANT: CHARLES B. JOYCE MD
LOCATION: 911 WARREN DRIVE
REQUEST: ZONE CHANGE FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO B-1 (TRANSITION BUSINESS) DISTRICT. HAS PLANS TO DEVELOP AS MULTI FAMILY HOUSING
LGL DSCRP: 4.682 ACS IN SW4 OF SE4 SEC 21 T18N R3E FROM SE COR SAID FORTY, N89W 50 FT, N 245 FT TO POB, N89W 849.8 FT, N 240 FT, S89E 849.87 FT, S 240 FT TO POB.
APPLICATION NO: PBG-09-30000001
APPLICANT: CHARLES B. JOYCE MD
LOCATION: 911 WARREN DRIVE
REQUEST: PLANNED BUILDING GROUP FOR MULTI FAMILY RESIDENTIAL HOUSING DEVELOPMENT
LGL DSCRP: 4.682 ACS IN SW4 OF SE4 SEC 21 T18N R3E FROM SE COR SAID FORTY, N89W 50 FT, N 245 FT TO POB, N89W 849.8 FT, N 240 FT, S89E 849.87 FT, S 240 FT TO POB.
The public is invited to attend.
10/29,11/5,11/12
_____________________________________________________________
NOTICE
The following resolution was offered by Scott Robinson and seconded by Jerry Hicks:
RESOLUTION
A resolution providing for the incurring of debt and issuance of Ten Million Dollars ($10,000,000) of Revenue Bonds (Taxable QSCB), Series 2009, of the Parish School Board of the Parish of Ouachita, State of Louisiana; prescribing the form, terms and conditions of such Bonds and providing for the payment thereof; and providing for other matters in connection therewith.
WHEREAS, the Parish School Board of the Parish of Ouachita, State of Louisiana (the “Issuer”) is authorized by the State Constitution to levy a special tax of five and eighteen hundredths (5.18) mills (such rate being subject to adjustment from time to time due to reassessment) in each year (the “Tax”); and
WHEREAS, the Issuer has no outstanding indebtedness of any kind payable from a pledge or dedication of the avails or proceeds of the Tax; and
WHEREAS, Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended authorizes the Issuer to make and enter into contracts dedicating the pledge and dedication of the funds to be derived by the Issuer from the Tax; and
WHEREAS, the Issuer, on September 1, 2009, gave its preliminary approval to the issuance of the Bonds (as defined below); and
WHEREAS, an offer for the purchase of the Bonds has been submitted by Community Trust Bank (the “Purchaser”), and the Issuer desires to direct the Superintendent to duly execute the Commitment Letter with the Purchaser; and
WHEREAS, the Issuer now desires to incur debt and issue Ten Million Dollars ($10,000,000) of its Revenue Bonds (Taxable QSCB), Series 2009 (the “Bonds”), in the manner authorized and provided by the aforesaid sections of the Louisiana Revised Statutes of 1950, as hereinafter provided, for the purpose of construction, rehabilitation or repair of public school facilities, including equipping of school facilities improved with Bond proceeds, and paying the costs of issuance of the Bonds; and
WHEREAS, it is the desire of the Issuer to fix the details necessary with respect to the issuance of the Bonds and to provide for the authorization and issuance thereof; and
WHEREAS, it is the further desire of the Issuer to provide for the sale of the Bonds to the Purchaser at the price and in the manner hereinafter provided; and
WHEREAS, the Issuer further desires to qualify said Bonds under Section 54F of the Internal Revenue Code of 1986, as amended, as Qualified School Construction Bonds; and
WHEREAS, the Department of Education has reserved for the Issuer an allocation of $10,000,000 of the national qualified school construction bond limitation pursuant to the QSCB Regulations and the policies and procedures of the Department of Education (herein defined);
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Ouachita, State of Louisiana, acting as the governing authority of the Parish of Ouachita, State of Louisiana, for school purposes, that:
SECTION 1. Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
“Act” means Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
“Additional Parity Obligations” means any additional pari passu bonds which may hereafter be issued, pursuant to Section 8 hereof, on a parity with the Bonds.
“Agreement” means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
“Bonds” means the Issuer's Revenue Bonds (Taxable QSCB), Series 2009, authorized by this Resolution in the total aggregate principal amount of Ten Million Dollars ($10,000,000), whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any bond previously issued.
“Bond Register” means the records kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
“Bond Year” means the one-year period ending on each Principal Account Deposit Date, provided that the initial bond year may be a period shorter than one year.
“Cash” means cash and cash equivalents.
“Code” means the Internal Revenue Code of 1986, as amended.
“Commitment Letter” shall mean the offer to purchase by the Purchaser attached hereto as Exhibit A.
“Coupon Rate” means six-tenths of one percent per annum (0.60%).
“Credit Allowance Date” means with respect to the Bonds, each March 15, June 15, September 15 and December 15 on which any portion of the principal amount of the Bonds remains unpaid, and includes the last day on which the Bonds are outstanding.
“Credit Rate” means six and one hundredth per centum (6.01%) per annum, the rate designated by the Secretary of the United States Treasury on the date of this Resolution, which is the date of the Issuer’s acceptance of the Commitment Letter of the Purchaser which Commitment Letter is a binding, written contract for the sale or exchange of the Bonds.
“Date of Issuance” means the date the Issuer receives payment for the Bonds, which is anticipated to be November 9, 2009.
“Department of Education” means the Louisiana Department of Education.
“Event of Default” means the occurrence of any of the following events unless waived in writing by the Owners:
1. a failure to pay the principal of or interest or premium, if any, on any Bond when the same shall become due and payable whether at maturity, upon redemption, or otherwise and such failure continues for two (2) days after the Issuer’s receipt of written notice from the Owner or the Paying Agent;
2. a failure of the Issuer to make the Principal Account Deposit Requirement on any Principal Account Deposit Date and such failure continues for two (2) days after the Issuer’s receipt of written notice from the Owner or the Paying Agent;
3. a failure of the Issuer to pay any other amount payable hereunder or with respect to any Bond (other than those specified in (1) and (2) above) when the same shall become due and payable and such failure continues for seven (7) days after the Issuer’s receipt of written notice from the Owner or the Paying Agent;
4. an Event of Insolvency shall occur with respect to the Issuer;
5. a failure by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in this Resolution or in the Bonds, and such failure continues for thirty (30) days after the Issuer’s receipt of written notice from the Owner or the Paying Agent unless the Issuer has instituted corrective actions satisfactory to the
Owners within such 30-day period and diligently pursues such actions until such default is remedied.
“Event of Insolvency” means, with respect to the Issuer, the occurrence of one or more of the following events:
1. the issuance, under the laws of any state or under the laws of the United States of America, of an order of rehabilitation, liquidation or dissolution of the Issuer;
2. the commencement by or against the Issuer of a case or other proceeding seeking liquidation, reorganization or other relief with respect to the Issuer or its debts under any bankruptcy, insolvency or other similar state or federal law now or hereafter in effect, including, without limitation, the appointment of a trustee, receiver, liquidator, custodian or other similar official for the Issuer or there shall be appointed or designated with respect to it, an entity such as an organization, board, commission, authority, agency or body to monitor, review, oversee, recommend or declare a financial emergency or similar state of financial distress with respect to it or there shall be declared or introduced or proposed for consideration by it or by any legislative or regulatory body with competent jurisdiction over it, the existence of a state of financial emergency or similar state of financial distress in respect of it;
3. the inability or failure of the Issuer to generally pay its debts as they become due;
4. the declaration of a moratorium with respect to the payment of the debts of the Issuer;
5. an authorized Executive Officer of the Issuer shall admit in writing its inability to pay its
debts when due; or
6. the initiation of any action in furtherance of or to authorize any of the foregoing by or on behalf of the Issuer.
“Executive Officers” means, collectively, the President and the Secretary of the Issuer.
“Final Maturity Date” means November 1, 2024.
“Fiscal Year” means the one-year accounting period beginning July 1of each year, or such other period as may be designated by the Governing Authority as the fiscal year of the Issuer.
“Governing Authority” means the Parish School Board of the Parish of Ouachita, State of Louisiana, and any successor thereto.
“Government Securities” means noncallable direct general obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which may be United States Treasury Obligations such as the State and Local Government Series or which may consist of specified portions of interest thereon, such as those securities commonly known as CATS, TIGRS, and STRPS, and may be in book-entry form; provided, however, that no Government Security shall mature or be payable (in whole or in part) after the Final Maturity Date.
“Interest Payment Date” shall mean November 1 of each year the Bonds are Outstanding, beginning November 1, 2010. Interest will accrue on a 30/360 day basis.
“Issuer” or “School Board” means the Parish School Board of the Parish of Ouachita, State of Louisiana.
“Maximum Annual Debt Service” means the highest amount of principal and interest due on an obligation in any Fiscal Year, provided that if there is outstanding any balloon indebtedness subject to mandatory sinking fund payments or redemptions, such balloon indebtedness shall be calculated as amortizing on the dates and in the amounts such mandatory sinking fund payments or redemptions are required rather than on the date such indebtedness matures.
“Outstanding” when used with respect to the Bonds means, as of the date of determination, any Bond theretofore issued and delivered under this Resolution, except:
1. Any Bond theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Any Bond for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Bond with the effect specified in this Resolution or by law, provided that if such Bond is to be redeemed prior to maturity, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Any Bond in exchange for or in lieu of which another Bond has been registered and delivered pursuant to this Resolution; and
4. Any Bond alleged to have been mutilated, destroyed, lost or stolen which may have been paid as provided in this Resolution or by law.
“Owner” when used with respect to any Bond means the Person or Persons constituting a taxpayer in whose name(s) such Bond is registered in the Bond Register.
“Paying Agent” means Argent Trust, a division of National Independent Trust Company, Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter “Paying Agent” shall mean such successor Paying Agent.
“Person” means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Principal Account Deposit Date” means November 1st of each year, beginning November 1, 2010 and ending on November 1, 2024.
“Principal Account Deposit Requirement” means on each Principal Account Deposit Date, a cash deposit, together with any amounts in the Principal Account of the Sinking Fund not presently invested in Government Securities, in an amount sufficient to meet the Required Principal Account Value for such Principal Account Deposit Date.
“Principal Account Value” shall have the meaning given in Section 9 hereof.
“Principal Amount” means $10,000,000, less any amount redeemed as a result of mandatory redemption required pursuant to Section 3(a) of this Resolution.
“Purchaser” means Community Trust Bank, Ruston, Louisiana.
“Qualified Purposes” means construction, rehabilitation and repair of public school facilities within the jurisdiction of the Issuer, including equipping of school facilities improved with Bond proceeds.
“QSCB Code Provision” means Section 54F of the Code and applicable portions of Section 54A of the Code.
“QSCB Disqualification Event” has the meaning given it in Section 3 of this Resolution.
“QSCB Regulations” means IRS Notice 09-35, dated April 3, 2009.
“Required Principal Account Value” means for each Principal Account Deposit Date the corresponding value required as set forth in Section 9 of this Resolution.
“Resolution” means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
“School System” means the Ouachita Parish School System.
“Sinking Fund” means the “Parish School Board of the Parish of Ouachita, State of Louisiana, Revenue Bonds (Taxable QSCB), Series 2009, Sinking Fund” established pursuant to Section 9 herein.
“State” means the State of Louisiana.
“State Constitution” means the Louisiana Constitution of 1974, as amended.
“Superintendent” means the Superintendent of the School Board.
“Tax” means the special ad valorem tax of five and eighteen hundredths (5.18) mills (such rate being subject to adjustment from time to time due to reassessment), and authorized by the State Constitution to be levied and collected annually by the Issuer in each year.
SECTION 2. Authorization of Bond; Maturity. (a) In compliance with the terms and provisions of the Act, the QSCB Code Provision, the QSCB Regulations, other constitutional and statutory authority, and the policies and procedures of the Department of Education, there is hereby authorized the incurring of indebtedness of Ten Million Dollars ($10,000,000) for, on behalf of, and in the name of the Issuer, for the purpose of construction, rehabilitation or repair of public schools facilities, including equipping of school facilities improved with Bond proceeds, and paying the costs of issuance thereof. Costs of issuance shall not exceed two percent (2.00%) of the proceeds of the Bonds. To represent said indebtedness, this Governing Authority does hereby authorize the issuance of Revenue Bonds (Taxable QSCB), Series 2009, of the Issuer, in the amount of Ten Million Dollars ($10,000,000). Any Bond issued hereby shall be in the form of a fully registered bond, shall be dated the Date of Issuance, and shall be numbered R-1. The Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, at the Coupon Rate, payable on each Interest Payment Date, commencing November 1, 2010. Subject to the provisions of Section 3, the Bonds shall become due and payable and mature on the Final Maturity Date.
(b) Payment of Bonds. The principal of the Bonds upon maturity or redemption shall be payable by check of the Paying Agent mailed or delivered by the Paying Agent to the Owner thereof (determined as of the close of business on the day before the Final Maturity Date) at the address shown on the Bond Register upon presentation and surrender of the Bonds at the principal corporate trust office of the Paying Agent. Any Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights which were carried by such other Bond.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
(c) Designation as Qualified School Construction Bond. In accordance with the QSCB Code Provision, the Issuer hereby designates the Bonds as Qualified School Construction Bonds.
SECTION 3. Redemption Provisions. The Bonds are not subject to redemption or prepayment by the Issuer prior to their stated maturity except as specified in this section as follows:
(a) To the extent that less than 100% of the “available project proceeds” of the Bonds (as defined in the QSCB Regulations) are expended for Qualified Purposes by the close of the 3 year period beginning on the Date of Issuance (or if an extension of such expenditure period has been received by the Issuer from the Secretary of the United States Treasury Department, by the close of the extended period) the Issuer shall redeem all of the non-qualified Bonds within 90 days after the end of such period; and
(b) The Issuer may elect to redeem the Bonds in whole but not in part prior to maturity at its option upon a final, non-appealable determination by the Internal Revenue Service or a court of competent jurisdiction over the matter that the bond does not qualify as a “qualified school construction bond” pursuant to Section 54F of the Code (a “QSCB Disqualification Event”). Redemption of the Bonds by the Issuer pursuant to this Section 3(b) shall occur not later than the 180th day following the QSCB Disqualification Event.
Official notice of such call for redemption of the Bonds, or any portion thereof, shall be given by the Paying Agent by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than ten (10) days prior to the redemption date addressed to the Owner of the Bonds to be redeemed at his address as shown on the Bond Register.
In the event the Bonds, or any portion thereof, are redeemed prior to the Final Maturity Date pursuant to this Section, the Issuer will pay to the Owner thereof the portion of the Principal Amount being redeemed that is held by such Owner, plus a “make-whole” amount to compensate the Owner for any reasonable losses or breakage fees related to such Owner’s cost of funds or other costs (including reasonable attorneys fees to the extent permitted by law) incurred by the Owner as a result of such redemption. Further, in the event of a QSCB Disqualification Event, the Issuer shall make, and so long as the Bonds remain Outstanding continue to make, to the Owner on each Interest Payment Date, additional payments to the Owner in an amount sufficient, after taking into consideration all penalties, fines, interest and additions to federal income tax (including lost tax credits) that are imposed on the Owner, to maintain the same after-tax yield that the Owner would have realized had such loss or reduction of tax credits not occurred.
SECTION 4. Registration and Transfer. The Issuer shall cause the Bond Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be of the same maturity.
SECTION 5. Form of Bonds. The Bonds and the endorsements to appear thereon shall be in
substantially the following forms, respectively, to-wit:
No. R -1 Principal Amount $10,000,000
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF OUACHITA
REVENUE BOND
(TAXABLE QSCB), SERIES 2009
PARISH SCHOOL BOARD OF THE
PARISH OF OUACHITA, STATE OF LOUISIANA
Bond Maturity Date of Credit Coupon
Date Date Issuance Rate Rate
_______, 2009 November 1, 2024 __________, 2009 6.01% 0.60%
The Parish School Board of the Parish of Ouachita, State of Louisiana (the “Issuer”), promises to pay, but solely from the source and as hereinafter provided, to:
COMMUNITY TRUST BANK
or registered assigns, on the Maturity Date set forth above the Principal Amount, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum set forth above, payable annually on November 1 of each year, commencing November 1, 2010 (each an "Interest Payment Date"). The principal of this Bond, upon maturity or redemption, is payable in lawful money of the United States of America at the principal office of Argent Trust, a division of National Independent Trust Company, Ruston, Louisiana, or successor thereto (the “Paying Agent”), upon presentation and surrender hereof.
THIS BOND CONSTITUTES A QUALIFIED SCHOOL CONSTRUCTION BOND WITHIN THE MEANING OF SECTIONS 54A AND 54F OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “CODE”). SUBJECT TO THE LIMITATIONS OF SECTION 54A(c), A TAXPAYER IS ENTITLED TO A TAX CREDIT AGAINST FEDERAL INCOME TAX (INCLUDING ALTERNATIVE MINIMUM TAX) IMPOSED ON SUCH TAXPAYER FOR THE TAXABLE YEAR THAT INCLUDES THE CREDIT ALLOWANCE DATE. THE TAX CREDIT UNDER SAID SECTIONS 54A AND 54F IS EQUAL TO 25% OF THE CREDIT RATE SPECIFIED HEREON MULTIPLIED BY THE PRINCIPAL AMOUNT OF THE BONDS HELD BY A TAXPAYER ON THE CREDIT ALLOWANCE DATE; PROVIDED, HOWEVER, THAT THE AMOUNT OF THE TAX CREDIT ALLOWED TO A TAXPAYER ON THE FIRST CREDIT ALLOWANCE DATE FOLLOWING THE ISSUANCE OF THIS BOND OR ON THE REDEMPTION OR MATURITY OF THIS BOND SHALL BE PRORATED AS PROVIDED IN SECTION 54A(b)(4) OF THE CODE. “CREDIT ALLOWANCE DATE” AS USED HEREIN SHALL MEAN EACH MARCH 15, JUNE 15, SEPTEMBER 15 AND DECEMBER 15 ON WHICH THIS BOND IS OUTSTANDING. SUCH TERM SHALL ALSO INCLUDE THE LAST DAY ON WHICH THIS BOND IS OUTSTANDING.
This Bond represents the entire principal amount of an authorized issue aggregating in principal the sum of Ten Million Dollars ($10,000,000) of Revenue Bonds (Taxable QSCB), Series 2009 (the “Bonds”), of the Issuer, said Bonds having been issued by the Issuer pursuant to a resolution adopted on October 20, 2009 (the “Resolution”), for the purpose of construction, rehabilitation or repair of public school facilities within the jurisdiction of the Issuer, including equipping of school facilities improved with Bond proceeds, and paying the costs of issuance thereof, under the authority conferred by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
This Bond is not subject to redemption by the Issuer prior to its stated Maturity Date except: (a) to the extent that less than 100% of the available project proceeds(as defined in the QSCB Regulations) of this Bond is expended for Qualified Purposes by the close of the 3-year period beginning on the date of this Bond (or if an extension of such expenditure period has been received by the Issuer from the Secretary of the United States Treasury Department, by the close of the extended period) the Issuer shall redeem all of the nonqualified Bonds within 90 days after the end of such period; and (b)the Issuer may elect to redeem this Bond
in whole but not in part prior to maturity at its option upon a final, non-appealable determination by the Internal Revenue Service or a court of competent jurisdiction over the matter that the bond does not qualify as a “qualified school construction bond” pursuant to Section 54F of the Code “qualified school construction bonds” (a “QSCB Disqualification Event”); provided that redemption of this Bond by the Issuer pursuant to a QSCB Disqualification Event shall occur not later than the 180th day following such QSCB Disqualification Event.
Official notice of such call for redemption of this Bond, or any portion thereof, shall be given by the Paying Agent by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than ten (10) days prior to the redemption date addressed to the Owner of this Bond at his address as shown on the Bond Register.
In the event this Bond, or any portion thereof, is redeemed prior to the Maturity Date pursuant to the Resolution, the Issuer will pay to the Owner thereof the portion of the principal amount being redeemed that is held by such Owner, plus a “make-whole” amount to compensate the Owner for any reasonable losses or breakage fees related to such Owner’s cost of funds or other costs (including reasonable attorneys fees to the extent allowed by applicable law) incurred by the Owner as a result of such redemption. Further, in the event of a QSCB Disqualification Event, the Issuer shall make, and so long as this Bond remains outstanding continue to make, to the Owner on each Principal Account Deposit Date, additional payments to the Owner in an amount sufficient, after taking into consideration all penalties, fines, interest and additions to federal income tax (including lost tax credits) that are imposed on the Owner, to maintain the same after tax yield that the Owner would have realized had such loss or reduction of tax credits not occurred.
The Issuer shall cause to be kept at the principal corporate office of the Paying Agent a register (the “Bond Register”) in which registration of the Bonds and of transfers of the Bonds shall be made as provided in the Resolution. This Bond may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. This Bond may be assigned by the execution of the
assignment form hereon or by other instrument of transfer and assignment acceptable to the Paying Agent.
A new Bond will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for this transferred and assigned Bond after receipt of this Bond to be transferred in proper form.
This Bond is secured by and payable from an irrevocable pledge and dedication of the funds to be derived by the Issuer from the levy and collection of a special tax of five and eighteen hundredths (5.18) mills (such rate being subject to adjustment from time to time due to reassessment), which the Issuer is authorized to impose and collect in each year. Said special tax has been authorized to be levied on all the property subject to taxation within the corporate boundaries of the Issuer. For a more complete statement of the tax revenues from which and conditions under which this Bond is issued, reference is hereby made to the Resolution. The Issuer, in the Resolution, has also entered into certain other covenants and agreements with the registered owner of this Bond, including provisions for the issuance of additional bonds payable from the proceeds of the Tax on a parity with this Bond for the terms of which reference is made to the Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
It is certified that this Bond is authorized by and issued in conformity with the requirements of the Constitution and statutes of this State. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
Any capitalized terms in this Bond which are not defined herein shall have the meaning assigned to such terms of the Resolution.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed on behalf of the Issuer by the manual or facsimile signatures of its President and Secretary, and its corporate seal to be impressed or imprinted hereon.
PARISH SCHOOL BOARD OF THE PARISH OF
OUACHITA, STATE OF LOUISIANA
(Manual or facsimile) (Manual or facsimile)
Secretary, Ouachita Parish School Board President, Ouachita Parish School Board
(SEAL)
* * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Bond represents the entire issue of Bonds referred to in the within-mentioned Resolution.
ARGENT TRUST, a division of NATIONAL INDEPENDENT TRUST COMPANY
Ruston, Louisiana, as Paying Agent
Date of Registration: __________________ By: ______________________________________
Authorized Officer
* * * * * *(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
Please Insert Social Security
or other Identifying Number of Assignee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ____________________ _______________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.
* * * * * *
SECTION 6. Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 7. Payment of Bonds. The Bonds shall be secured by and payable solely from an irrevocable pledge and dedication of the avails or proceeds of the Tax. This Governing Authority does hereby obligate itself and its successors in office to impose and collect the Tax annually in each year, and does hereby irrevocably and irrepealably dedicate, appropriate and pledge the annual income to be derived from the assessment, levy and collection of the Tax in each year to the payment of the Bonds. The Issuer further covenants that it shall not lower the Tax rate to result in lower Tax revenues than were collected in the fiscal year prior to the proposed adjustment unless it shall deliver to the Owner, at least thirty (30) days prior to the date of any proposed adjustment, written evidence satisfactory to the Owner showing that the lower Tax revenues will be not less than 1.35 times the combined Maximum Annual Debt Service requirements for the Bonds and any Additional Parity Obligations (the “Debt Service Coverage Requirement”). In the event the Revenues in any one calendar year shall be insufficient to provide the required Debt Service Coverage Requirement in such calendar year the Issuer covenants to increase by rolling forward the millage rate for such year to the extent allowed by law in an amount necessary to achieve the Debt Service Coverage Requirement.
SECTION 8. Parity Bonds. The Issuer shall issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the revenues of the Tax having priority over or parity with the Bonds, except that additional bonds may hereafter be issued on a parity with the Bonds under the following conditions:
(1) The Bonds herein authorized or any bonds issued on a parity therewith or any part thereof, including the interest thereon, may be refunded, and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the bonds refunded; provided, however, that if only a portion of the bonds outstanding is so refunded and the refunding bonds require total principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the bonds refunded thereby, then such bonds may not be refunded without the consent of the owner of the unrefunded portion of the bonds issued hereunder (provided such consent shall not be required if such refunding bonds meet the requirements set forth in clause 2 of this Section).
(2) Additional bonds may be issued on and enjoy a full and complete parity with the Bonds with respect to the revenues of the Tax, provided that the anticipated Tax revenues in the year in which the additional bonds are to be issued, as reflected in the budget adopted by the Issuer, must be at least 1.35 times the combined principal and interest requirements and Principal Account Deposit Requirements for any calendar year on the Bonds and the said additional bonds.
(3) Junior and subordinate bonds may be issued without restriction.
(4) The Issuer must be in full compliance with all covenants and undertakings in connection with the Bonds, and there must be no delinquencies in payments required to be made in connection therewith.
In addition to the foregoing, while the Bonds are still Outstanding, the Issuer shall not be permitted to issue Additional Parity Obligations unless it shall deliver to the Owner of the Bonds, at least thirty (30) days prior to the date of any proposed issuance of Additional Parity Obligations, written evidence satisfactory to such Owner showing that the Tax revenues during twelve (12) consecutive months of the previous eighteen (18) months would have been sufficient to produce revenues in an amount equal to 1.35 times the combined Maximum Annual Debt Service of the Bonds and all outstanding Additional Parity Obligations, including the proposed Additional Parity Obligations.
SECTION 9. Sinking Fund. For the payment of the principal of the Bonds, there has been established and maintained a special fund known as “Parish School Board of the Parish of Ouachita, State of Louisiana, Revenue Bonds (Taxable QSCB), Series 2009, Sinking Fund,” said Sinking Fund having been established and maintained with the Paying Agent or its designee. Within the Sinking Fund shall be a Principal Account established for the purpose of paying the principal falling due on the Final Maturity Date and an Interest Account established for the purpose of paying the interest falling due on each Interest Payment Date.
Not less than fifteen (15) days before each Principal Account Deposit Date, the Paying Agent shall provide to the Issuer a selection of Government Securities that, either alone or in combination with other Government Securities, satisfy the Principal Account Deposit Requirement. Not less than ten (10) days before each Principal Account Deposit Date, an Executive Officer of the Issuer shall select the Government Security or Securities from the list provided by the Paying Agent to satisfy the Principal Account Deposit Requirement. Not less than one (1) day before each Principal Account Deposit Date, the Issuer shall deposit in the Principal Account an amount fully sufficient to satisfy the Principal Account Deposit Requirement falling due on such Principal Account Deposit Date; provided, however, that on the last Principal Account Deposit Date before the Final Maturity Date, the Issuer shall instead be required to deposit the difference between the amount then held in the Principal Account and the Principal Amount of the Bonds. On each Principal Account Deposit Date, the Paying Agent shall use the amount deposited by the Issuer in the Sinking Fund to purchase the Government Securities selected from the list provided by the Paying Agent by an Executive Officer of the Issuer or his designee. If no Government Securities are available or may be purchased on a Principal Account Deposit Date to satisfy the relevant Principal Account Deposit Requirement, the Paying Agent shall retain the amount deposited in the Sinking Fund as Cash until such Government Securities are available, at which time the Paying Agent shall comply with the terms of this paragraph. The Issuer shall also deposit at least one (1) day before each Interest Payment Date the amount of interest due on such Interest Payment Date.
It is further provided by the Issuer that the sum of all Cash and investments held in the Sinking Fund shall equal, as close as is reasonable possible, the Required Principal Account Value set forth below on the relevant Principal Account Deposit Date:
November 1 / Required Principal Account Value
2010 $ 666,666
2011 1,333,333
2012 2,000,000
2013 2,666,666
2014 3,333,333
2015 4,000,000
2016 4,666,666
2017 5,333,333
2018 6,000,000
2019 6,666,666
2020 7,333,333
2021 8,000,000
2022 8,666,666
2023 9,333,333
2024 10,000,000
For purposes of determining compliance with the Required Principal Account Value, the “value” of any Cash or Government Security held in the Sinking Fund shall be determined as follows:
(a) For Cash, the amount of such Cash; and
(b) For Government Securities - the par of such security plus accrued but unpaid interest on such security.
It is expressly provided that (1) the Issuer shall endeavor to purchase State and Local Government Series securities unless a prevailing reason exists at the time of purchase to do otherwise, (2) the Issuer shall make all reasonable efforts to ensure that the yield on the Sinking Fund for purposes of the QSCB Code Provisions and QSCB Regulations does not exceed 4.53% (which equals the Permitted Sinking Fund Yield in effect on the date of the Issuer’s acceptance of the Commitment Letter), and (3) nothing contained herein shall prohibit the Paying Agent from acting through a designee to satisfy its obligations imposed pursuant to this Section.
It shall be specifically understood and agreed, however, and this provision shall be a part of this contract, that after the funds have been budgeted out of the revenues of the Tax for any year sufficient to pay the principal and interest on the Bonds herein authorized for that period, and all required amounts for that period have been deposited in the aforesaid Sinking Fund established for the Bonds, then any annual revenues of the Tax remaining in that year shall be free for expenditure by the Issuer for the purposes for which the Tax was authorized.
All Cash and investments held in the Sinking Fund under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds. Neither the Government Securities nor the principal or interest payments on any such Government Securities shall be withdrawn or used for any purpose other than the purchase of additional Government Securities or the payment of the Principal Amount of the Bonds at the Final Maturity Date. The Purchaser is hereby granted an express lien on all moneys deposited and Government Securities held in the Sinking Fund.
Subject to the provisions of this Section, all of the Cash in the Sinking Fund shall be invested in accordance with the provisions of the laws of the State of Louisiana unless available to be used pursuant to the terms of this Resolution within five (5) business days.
SECTION 10. Annual Financial Statements. While any portion of the Bonds is Outstanding, the Issuer shall make available to the Owner its annual audited financial statements no later than 180 days after the applicable fiscal year-end of the Issuer.
SECTION 11. Comprehensive Budget. While any portion of the Bonds is Outstanding, the Issuer shall prepare and adopt a budget at the beginning of each fiscal year and shall furnish to the Owner a copy of such budget upon request of the Owner.
SECTION 12. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the Bonds to be prepared or printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the Qualified Purposes for which the Bonds are issued.
SECTION 13. Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid
obligations of the Issuer, and shall be the only representation of the indebtedness herein authorized and created.
SECTION 14. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owners from time to time of the Bonds and any such Owner may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by the Governing Authority or the Issuer as a result of issuing the Bonds.
SECTION 15. Amendment to Resolution. No material modification or amendment of this Resolution, or of any resolution and/or ordinance amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of the Bonds.
SECTION 16. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to-wit: “It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.”
SECTION 17. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name the Bonds is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of eithermof them shall be affected by notice to the contrary.
SECTION 18. Notices to Owner. Wherever this Resolution provides for notice to the Owner of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to the Owner at the address of such Owner as it appears in the Bond Register. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by the Owner shall be filed with the Paying Agent and the Issuer, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 19. Cancellation of Bonds. Any Bond surrendered for payment, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bond previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and any Bond so delivered shall be promptly canceled by the Paying Agent. Any canceled Bond held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 20. Mutilated, Destroyed, Lost or Stolen Bond. If (1) any mutilated Bond is
surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with any other Outstanding Bond.
Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to any mutilated, destroyed, lost or stolen Bond. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of any mutilated, destroyed, lost or stolen Bond.
SECTION 21. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owner, the Principal Amount of the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities and funds pledged under this Resolution and all covenants, agreements and other obligations of the Issuer to the Owner shall thereupon cease, terminate and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer. Portions of the Principal Amount for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the Final Maturity Date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they are defeased in the manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
SECTION 22. Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of official proceedings of the Governing Authority giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to the Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 23. Covenants Relating to the QSCB Code Provision, QSCB Regulations and Other Matters. The School Board hereby certifies that:
1) 100% of the available project proceeds, as defined in the Code, will be spent for Qualified Purposes;
2) 100% of the available project proceeds, as defined in the Code, will be spent at public school facilities within the jurisdiction of the School Board;
3) Within the six-month period beginning on the Date of Issuance, it will incur a binding commitment with a 3rd party to spend at least 10% of such available project proceeds on Qualified Purposes;
4) Any reimbursement of proceeds of the Bonds for capital expenditures for Qualified Purposes incurred prior to the Date of Issuance of the Bonds will be undertaken strictly in accordance with 54A(d)(2)(D) of the Code;
5) All applicable State and local laws governing conflicts of interest have and will continue to be satisfied with respect to the Bonds;
6) The Issuer will redeem all nonqualified Bonds pursuant to Section 3(a) of this Resolution;
7) The Issuer will comply with the terms of the Davis-Bacon Act, to the extent required by the American Recovery and Reinvestment Act of 2009;
SECTION 24. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the provisions of Section 148 of the Internal Revenue Code of 1986 and any amendment thereto (the “Code”), as modified by the QSCB Code Provisions and QSCB Regulations, with respect to the proceeds of the Bonds.
SECTION 25. Disclosure Under SEC Rule 15c2-12(b). It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c-2-12(b) of the Securities and Exchange Commission [17 CFR §240.15c2-12(b)], because:
(a) the Bonds are not being purchased by a broker, dealer or municipal securities dealer acting as an underwriter in a primary offering of municipal securities, and
(b) the Bonds are being sold to not more than 35 financial institutions (i.e., no more than thirty five persons) constituting an “Eligible Person”, pursuant to the Rules of the Securities and Exchange Commission which (i) have such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment in the Bonds and (ii) are not purchasing the
Bonds for more than one account or with a view to distributing the Bonds.
SECTION 26. Default. The Paying Agent shall provide prompt notice to the Owner of any event
or occurrence of which it is aware that is, or with the passage of a required period of time may become, an Event of Default. Upon an Event of Default, the Owner may pursue any and all remedies, including but not limited to an action for mandamus, that may exist at law or in equity pursuant to the law of the State at the time of such Event of Default.
SECTION 27. Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.
SECTION 28. Award of Bonds. All of the provisions of the Commitment Letter attached as
Exhibit A hereto are incorporated herein by reference. It is intended by the Issuer and the Purchaser that the Commitment Letter and this Resolution shall constitute a binding, written contract for the sale of the Bonds. The Bonds shall be delivered to said Purchaser upon the payment of the Principal Amount thereof.
SECTION 29. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of the Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 30. Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 31. Effective Date. This Resolution shall become effective immediately. This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Jack White, Scott Robinson, A. R. Sims, Jerry Hicks, John L. Russell, Carey Walker, Susan Spence
NAYS: None
ABSENT: None
ABSTAINING: None
And the resolution was declared adopted on this, the 20th day of October, 2009.
/ s / Robert Webber, Secretary
/ s / Jack W. White, President
EXHIBIT A
COMMITMENT LETTER
(A COPY IS ON FILE WITH THE OUACHITA PARISH SCHOOL BOARD)
11/12
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