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Public Notices: Thursday, September 15th, 2011
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Public Notices Published Thursday, September 15th, 2011For the complete Public Notices in PDF format, see The Ouachita Citizen's E-Edition
SHERIFF’S SALE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2006-10 VS.NO. 08926 LORI MICHELLE SANT, WIFE OF/AND BOBBY JOE TREMAINE 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: A CERTAIN LOT OR PARCEL OF LAND BEING LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW 1/4 OF NE 1/4) OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 2 EAST, MEASURE S 89 DEGREES-47’W ALONG THE NORTH LINE SAID NW 1/4 OF THE NE 1/4 A DISTANCE OF 425.0 FEET; THENCE MEASURES S 0 DEGREES 10’E A DISTANCE OF 207.2 FEET; THENCE S-17 DEGREES 12’E A DISTANCE OF 159.3 FEET; THENCE S 0 DEGREES 10’E A DISTANCE OF 973.5 FEET TO THE SOUTH LINE OF SAID NW 1/4 OF THE NE 1/4; THENCE MEASURE ALONG SAID SOUTH LINE N 89 DEGREES 47’E A DISTANCE OF 380 FEET TO THE SOUTHEAST CORNER OF SAID NW 1/4 OF THE NE 1/4; THENCE MEASURE N 0 DEGREES 10’W ALONG THE EAST LINE OF SAID NW 1/4 OF THE NE 1/4 A DISTANCE OF 1333.0 FEET TO THE POINT OF BEGINNING, CONTAINING 11.96 ACRES, SUBJECT TO RIGHT OF WAY OF AVANT ROAD AND TWO GAS PIPELINE RIGHTS OF WAY, AND A CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW 1/4 OF NE 1/4) OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 2 EAST, OUACHITA PARISH, LOUISIANA, PROCEED N 89 DEGREES 47’00”E ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 630.69 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4; AND THE POINT OF BEGINNING THENCE CONTINUE N 89 DEGREES 47’00” ALONG SAID SOUTH LINE OF THE NORTHWEST 1/4, A DISTANCE OF 310.51 FEET TO THE SOUTHWEST CORNER OF A CERTAIN 11.96 ACRE TRACT AS PER INSTRUMENT FILED IN CONVEYANCE BOOK 1492, PAGE 667, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA; THENCE PROCEED N 0 DEGREES 10’00”W ALONG THE WEST LINE OF SAID 11.96 ACRE TRACT, A DISTANCE OF 815.0 FEET TO THE SOUTHEAST CORNER OF A CERTAIN 2.326 ACRE TRACT AS PER INSTRUMENT FILED IN CONVEYANCE BOOK 1500, PAGE 715, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA; THENCE PROCEED S 89 DEGREES 47’00”W ALONG THE SOUTH LINE OF SAID 2.326 ACRE TRACT, A DISTANCE OF 175.8 FEET; THENCE PROCEED S 37 DEGREES 33’00”W, A DISTANCE OF 220.2 FEET; THENCE PROCEED S 0 DEGREES 10’00”E A DISTANCE OF 640.93 FEET TO THE POINT OF BEGINNING, CONTAINING 5.540 ACRES, MORE OR LESS, LESS AND EXCEPT THAT CERTAIN 0.014 ACRES DONATED AS PER CONVEYANCE BOOK 1615, PAGE 3, #1126803, RECORDS OF OUACHITA PARISH, LOUISIANA MUNICIPAL ADDRESS: 1115 AVANT ROAD, WEST MONROE, LOUISIANA, 71291. PROPERTY ADDRESS: 1115 AVANT ROAD, WEST MONROE, LA 71291 Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE JP MORGAN CHASE BANK NA VS.NO. 072025 CARMERCIAL GOINS BOATNER WIFE OF/AND LARRY WILSON BOATNER 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT THREE (3) AND FOUR OF J.S. JAMES CONSTRUCTION COMPANY, INC. SUBDIVISION OF LOT 15 OF UNIT NO. 2, E.W. CRUSE’S SUBDIVISION OF THE L.P. ALEXANDER TRACT IN SECTIONS 18 AND 42, TOWNSHIP 17 NORTH, RANGE 4 EAST, OUACHITA PARISH, LOUISIANA AS PER PLAT FILED IN PLAT BOOK 8, PAGE 48 OF THE RECORDS OF OUACHITA PARISH, LOUISIANA. PROPERTY SITUATED IN THE PARISH OF OUACHITA, STATE OF LOUISIANA. PROPERTY BEARS MUNICIPAL ADDRESS 3815 NEWMAN STREET, MONROE, LA 71202 Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2 VS.NO. 092286 KENTFIELD L. 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 23, UNIT NO. 27, TOWN & COUNTRY SUBDIVISION, SITUATED IN SECTION 42, TOWNSHIP 18 NORTH, RANGE 4 EAST, ORIGINALLY AS PER PLAT ON FILE IN PLAT BOOK 14, PAGE 55, NOW SHOWN IN PLAT BOOK 16, PAGE 47, PUBLIC 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 defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE GMAC MORTGAGE, LLC VS.NO. 094459 SPENCER T. STEWART AND LEA KOREN GILLEY STEWART AKA LEA KOREN STEWART 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: A CERTAIN LOT OR PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SECTION 3, TOWNSHIP 18 NORTH, RANGE 3 EAST, THENCE SOUTHERLY ALONG EAST LINE OF SECTION 3, A DISTANCE OF 1315.05 FEET TO SE CORNER OF NE 1/4 OF NE 1/4 OF SECTION 3; THENCE AT A DEFLECTION ANGLE TO THE RIGHT OF 54 DEGREES 58’ 10” A DISTANCE OF 4576.53 FEET; THENCE SOUTHEASTERLY AT A DEFLECTION ANGLE TO THE LEFT OF 79 DEGREES 11’ 30” A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHEASTERLY A DISTANCE OF 100.00 FEET; THENCE AT A DEFLECTION ANGLE TO THE RIGHT OF 90 DEGREES A DISTANCE OF 172.62 FEET TO A POINT ON THE HIGH BANK OF BAYOU D’ARBONNE THENCE NORTHWESTERLY ALONG THE HIGH BANK OF BAYOU D’ARBONNE TO SOUTHWEST CORNER OF GLENDA C. SMITH PROPERTY: THENCE NORTHEASTERLY ALONG SOUTH LINE OF GLENDA C. SMITH PROPERTY A DISTANCE OF 190.00 FEET TO POINT OF BEGINNING; SUBJECT TO ANY AND ALL OUTSTANDING MINERAL LEASES, RESERVATIONS AND SALES, AND SUBJECT TO ANY RIGHTS-OF-WAY, EASEMENTS AND SERVITUDES OF RECORD, AND BEING THE SAME PROPERTY ACQUIRED BY KERRY LEE ANDERSON BY DEED DATED MARCH 9, 1977, FILED MARCH 10, 1977, IN CONVEYANCE BOOK 1096, DR#740696, 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. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE BAC HOME LOANS SERVICING LP VS.NO. 103695 DANIEL JOHN GRILLOT AND JUDITH ROBERTSON GRILLOT 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 47 AND THE NORTHERLY 5 FEET OF LOT 48, GRETCHENS WALK, A PLANNED RESIDENTIAL DEVELOPMENT, SITUATED IN SECTION 21, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT FILED OF RECORD IN PLAT BOOK 20, PAGE 166, RECORDS OF OUACHITA PARISH, LOUISIANA TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY, AND ALL EASEMENTS, APPURTENANCES, AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2 VS.NO. 111096 KENTFIELD L 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT NO 21, FORMERLY LOT 23, UNIT NO 27, TOWN & COUNTRY SUBDIVISION, SITUATED IN SECTION 42, TOWNSHIP 18 NORTH. RANGE 4 EAST. ORIGINALLY AS PER PLAT ON FILE IN PLAT BOOK 14, PAGE 55, NOW SHOWN IN PLAT BOOK 16, PAGE 47, PUBLIC 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 defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE BAC HOME LOANS SERVICING, L.P. VS.NO. 111620 CHAUNCEY LAFLEUR AND FELICIA A. GLOVER 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: THE WEST 30 FEET OF LOT 21, AND THE EAST 30 FEET OF LOT 22 OF BLOCK 25, UNIT 3, SHERROUSE PARK ADDITION TO MONROE, LOUISIANA, AS PER PLAT OF SAID ADDITION ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF OUACHITA PARISH, LOUISIANA. TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY, AND ALL EASEMENTS APPURTENANCES, AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY. Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE WELLS FARGO BANK NA VS.NO. 112000 KEVIN LIONEL CUEVAS AND KAREN MARIE WOLSFELD CUEVAS 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, September 21, 2011, 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 TWELVE (12) OF SPRING LAKE RIDGE SUBDIVISION, AS PER PLAT ON FILE AND OF RECORD IN PLAT BOOK 19, PAGE 74, RECORDS OF OUACHITA PARISH, LOUISIANA; SUBJECT TO ALL SERVITUDES, EASEMENTS, BUILDING RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD OR OF USE AFFECTING SAID PROPERTY; SUBJECT TO RESTRICTIONS, SERVITUDES, RIGHTS-OF-WAY AND OUTSTANDING MINERAL RIGHTS OF RECORD AFFECTING THE PROPERTY. SAID PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO ANY AND ALL VALID RESTRICTIONS, SERVITUDES, MINERAL CONVEYANCES AND/OR RESERVATIONS OF RECORD AFFECTING SAME, IF ANY. Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE OUACHITA INDEPENDENT BANK VS.NO. 112004 MAYCROFT MANAGEMENT, LLC 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: A CERTAIN TRACT OF LAND IN SECTION 75, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, AS SHOWN ON PLAT OF S. M. COLLINS, C. E. DATED OCTOBER 30, 1934, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE CORNER COMMON TO SECTIONS 48, 75, 30 AND 54, TOWNSHIP 18 NORTH, RANGE 3 EAST, MEASURE NORTH 35 DEGREES 30’ WEST A DISTANCE OF 6.41 CHAINS TO AN IRON PIN; THENCE NORTH 30 DEGREES 45’ WEST A DISTANCE OF 7.42 CHAINS TO THE NORTHEAST OR MOST NORTHERLY CORNER OF THE MARY NAPOLEON TRACT FOR A POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45’ WEST AND ALONG THE NORTHERLY LINE OF THE NAPOLEON TRACT A DISTANCE OF 375 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF THE NAPOLEON TRACT A DISTANCE OF 150 FEET; THENCE NORTHEASTERLY ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF THE NAPOLEON TRACT A DISTANCE OF 375 FEET; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF THE NAPOLEON TRACT A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING LESS AND EXCEPT A CERTAIN LOT OR PARCEL OF GROUND IN THE MARY NAPOLEON TRACT, IN SECTION 75, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: FROM AN IRON PIN AT THE INTERSECTION OF THE SOUTH LINE OF SON STREET WITH THE WEST LINE OF LOT B OF EXTENSION NO. 1, SPARKS FIRST ADDITION AS PER PLAT IN PLAT BOOK 9, PAGE 36, WHICH IS THE NORTHEAST CORNER OF THE MARY NAPOLEON TRACT, RUN IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF SON STREET WHICH IS THE NORTH LINE OF THE MARY NAPOLEON TRACT A DISTANCE OF 240 FEET TO AN IRON PIN AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE SOUTH LINE OF SON STREET IN A WESTERLY DIRECTION A DISTANCE OF 60 FEET TO AN IRON PIN; THENCE RUN IN A SOUTHERLY DIRECTION IN A LINE PARALLEL TO THE EAST LINE OF 19TH STREET A DISTANCE OF 150 FEET; MORE OR LESS, TO AN IRON PIN ON THE NORTH LINE OF COMMERCIAL SUBDIVISION, BEING A RESUBDIVISION OF BLOCK 2, AND PART OF BLOCK 1 OF SPARKS FIRST ADDITION AS PER PLAT IN PLAT BOOK 9, PAGE 40, THENCE RUN IN AN EASTERLY DIRECTION ALONG THE NORTH LINE OF SAID COMMERCIAL SUBDIVISION 60 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF A LOT PREVIOUSLY PURCHASED BY GEORGE C. FLUCK AND R. W. ELLINGTON FROM MITCHELL L MILETELLO; THENCE RUN IN A NORTHERLY DIRECTION 150 FEET ALONG THE WEST LINE OF THE LOT PURCHASED BY FLUCK AND ELLINGTON TO THE POINT OF BEGINNING ALSO LESS AND EXCEPT: A CERTAIN LOT OR PARCEL OF GROUND IN THE MARY NAPOLEON TRACT, SECTION 75, TOWNSHIP 18 NORTH, RANGE 3 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: FROM THE SOUTHWEST CORNER OF LOT B OF EXTENSION NO. 1 OF SPARKS FIRST ADDITION, AS PER PLAT IN PLAT BOOK 9, PAGE 36 RUN IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID LOT B WHICH IS THE EAST LINE OF THE MARY NAPOLEON TRACT 150 FEET, MORE OR LESS, TO AN IRON PIN AT THE INTERSECTION OF THE SOUTH LINE OF SON STREET WITH THE WEST LINE OF LOT B, BEING THE NORTHEAST CORNER OF THE MARY NAPOLEON TRACT; THENCE RUN IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF SON STREET WHICH IS THE NORTH LINE OF THE MARY NAPOLEON TRACT A DISTANCE OF 240 FEET TO AN IRON PIN; THENCE RUN IN A SOUTHERLY DIRECTION IN A LINE PARALLEL TO THE EAST LINE OF 19TH STREET A DISTANCE OF 150 FEET MORE OR LESS TO AN IRON PIN ON THE NORTH LINE OF COMMERCIAL SUBDIVISION, BEING A RESUBDIVISION OF BLOCK 2 AND PART OF BLOCK 1 OF SPARKS FIRST ADDITION TO MONROE, LOUISIANA, AS PER PLAT IN PLAT BOOK 9, PAGE 40, THENCE ALONG THE NORTH LINE OF SAID LAST MENTIONED SUBDIVISION RUN IN AN EASTERLY DIRECTION A DISTANCE OF 240 FEET, MORE OR LESS TO AN IRON PIN WHICH IS THE POINT OF BEGINNING AND TRACT 2 NORTH 150 FEET OF THE MARY JUDY NAPOLEON TRACT IN SECTION 75, TOWNSHIP 18 NORTH, RANGE 3 EAST, AS FULLY SHOWN ON PLAT OF SURVEY PREPARED BY S. M. COLLINS, C. E., DATED OCTOBER 30, 1934, A COPY OF WHICH IS ATTACHED TO DEED RECORDED IN CONVEYANCE BOOK 301, PAGE 448 OF THE RECORDS OF OUACHITA PARISH, LOUISIANA, WHICH SAID PLAT IS BY REFERENCE MADE A PART HEREOF, LESS AND EXCEPT THE EASTERLY 375 FEET OF SAID TRACT HERETOFORE SOLD BY ZELNA JAMES KYLE TO MITCHELL MILLETELLO AND TRACT 3 ALL RIGHTS UNDER THAT ACT OF LEASE RECORDED ON MAY 24, 1983, IN CONVEYANCE BOOK 1282, DATE REGISTER NUMBER 872616 OF THE RECORDS OF OUACHITA PARISH, LOUISIANA, LEASE FROM MORRIS C. HARRISON, ET UX, AFFECTING CERTAIN PROPERTY SITUATED IN THE PARISH OF OUACHITA, STATE OF LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 1 AND 2 OF F. D. THOMPSON’S PORTION OF WILLIS CHEFFIN PROPERTY SITUATED IN SECTIONS 24 AND 75, TOWNSHIP 18 NORTH, RANGE 3 EAST, MONROE, OUACHITA PARISH, LOUISIANA, AS PER PLAT ON FILE AND OF RECORD IN PLAT BOOK 6, PAGE 38 OF THE RECORDS OF OUACHITA PARISH Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE WELLS FARGO BANK NA VS.NO. 112034 KENNETH JOE CHANCE AND CATHERINE KREIG CHANCE 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 93 OF BRIARCLIFF, A RESIDENTIAL SUBDIVISION IN SECTION 17, TOWNSHIP 18 NORTH, RANGE 3 EAST, AS PER PLAT RECORDED IN PLAT BOOK 16, PAGE 175, PUBLIC RECORDS OF OUACHITA PARISH, LOUISIANA; SUBJECT TO RESTRICTIONS, SERVITUDES, RIGHTS-OF-WAY AND OUTSTANDING MINERAL RIGHTS OF RECORD AFFECTING THE PROPERTY. BEING THE SAME PROPERTY ACQUIRED BY KENNETH JOE CHANCE AND CATHERINE KREIG CHANCE FROM PRUDENTIAL RELOCATION, INC. BY ACT DATED SEPTEMBER 8, 2008, DULY REGISTERED IN THE CONVEYANCE RECORDS OF THE PARISH OF OUACHITA, STATE OF LOUISIANA. Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE WELLS FARGO BANK NA VS.NO. 112048 GLEN WAYNE PRICE , 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: A certain lot or parcel of land lying in the SW 1/4 of NE 1/4 of NW 1/4, Section 10, T16N-R2E, Ouachita Parish, Louisiana, containing 2.50 acres, more or less, more particularly described as follows: Commence at an iron pipe found marking the Northwest corner of said Section 10, T16N-R2E and run N 89 degrees 48’ 30” E along the North side of said Section 10 for a distance of 1318.97 feet to the Northwest corner of the NE 1/4 of NW 1/4, said Section 10; thence continue S 00 degrees 11’ 12” E along the west side of said NE 1/4 of NW 1/4 for a distance of 661.77 feet to the Northwest corner of the SW 1/4 of NE 1/4 of NW 1/4, said Section 10; thence continue S 00 degrees 11’ 12” E along the West side of said SW 1/4 of NE 1/4 of NW 1/4 for a distance of 330.89 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING continue S 00 degrees 11’ 12” E along the West said of said SW 1/4 of NE 1/4 of NW 1/4 for a distance of 165.44 feet; thence run N 89 degrees 49’ 13” E for a distance of 659.90 feet; thence run N 00 degrees 12’ 24” W along the East side of SW 1/4 of NE 1/4 of NW 1/4 for a distance of 165.46 feet to a point in the Bob Murphy Road; thence run S 89 degrees 49’ 07” W for a distance of 659.84 feet to the POINT OF BEGINNING and being subject to the right of way of said road and also being further shown as Parcel “B” by plat prepared by Mason Surveying, Inc., West Monroe, Louisiana; 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. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE PROGRESSIVE BANK VS.NO. 112064 LEA KOREN GILLEY STEWART, DONALD RAY GILLEY AND KAREN GRISBY GILLEY 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 19, BLOCK 3, UNIT NO 2 KIROLI WOODS SUBDIVISION IN SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST, WEST MONROE, LOUISIANA, AS PER PLAT IN THE RECORDS OF OUACHITA PARISH, LOUISIANA HAVING A MUNICIPAL ADDRESS OF 104 RIDGEWAY DRIVE, WEST MONROE, LOUISIANA 71291 Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE DOW LOUISIANA FEDERAL CREDIT UNION VS.NO. 112077 LANCE MICHAEL BLOUIN A/K/A LANCE M. BLOUIN A/K/A LANCE BLOUIN 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOTS ONE (1) AND TWO (2) SQUARE A OF HIGH COUNTRY ESTATES LOCATED IN SECTION 17 TOWNSHIP 18 NORTH RANGE 5 EAST AS PER PLAT IN PLAT BOOK 16, PAGE 184, 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. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE GMAC MORTGAGE, LLC VS.NO. 112100 JOHN ALLEN HALL AND HAROLYN DUNNINGS HALL 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, September 21, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 33, BLOCK B, UNIT 2, FRENCHMAN’S BEND SUBDIVISION, AS PER PLAT FILED IN PLAT BOOK 18, PAGE 21, RECORDS OF OUACHITA PARISH, LOUISIANA, SUBJECT TO THE 10 FOOT SEWER EASEMENT FILED FOR RECORD APRIL 20, 1994 IN COB 1739, PAGE 154, 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. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA August 18, 2011 & September 15, 2011 ________________________________________________________ SHERIFF’S SALE NEWTEK SMALL BUSINESS FINANCE, INC./I-20 CORRIDOR PROPERTIES LLC VS.NO. 063843 BENTZ & ELMORE, INC. AND ROBERT D. BENTZ 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: PARCEL ONE:A CERTAIN TRACT OR PARCEL OF LAND SITUATED IN SECTION 21, 33 AND 34, TOWNSHIP 18 NORTH, RANGE 4 EAST, MONROE, OUACHITA PARISH, LOUISIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF CONSTRUCTION AVENUE WITH THE EAST RIGHT-OF-WAY LINE OF KANSAS LANE AS THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 52 MINUTES 49 SECONDS EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF CONSTRUCTION AVENUE A DISTANCE OF 931.76 FEET; THENCE NORTH 05 DEGREES, 07 MINUTES, 15 SECONDS EAST, A DISTANCE OF 646.90 FEET; THENCE NORTH 84 DEGREES, 52 MINUTES, 49 SECONDS WEST A DISTANCE OF 941.05 FEET TO THE EAST RIGHT-OF-WAY LINE OF KANSAS LANE; THENCE SOUTH 05 DEGREES, 11 MINUTES, 44 SECONDS WEST A DISTANCE OF 361.65 FEET; THENCE SOUTH 03 DEGREES, 45 MINUTES 07 SECONDS WEST A DISTANCE OF 200.08 FEET; THENCE SOUTH 01 DEGREE, 46 MINUTES, 18 SECONDS WEST A DISTANCE OF 85.47 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 13.96 ACRES, MORE OR LESS.AND ALSO:A CERTAIN TRACT OF LAND CONTAINING 1.116 ACRES, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF CONSTRUCTION AVENUE WITH THE EAST RIGHT-OF-WAY LINE OF KANSAS LANE; THENCE SOUTH 18 DEGREES, 53 MINUTES, 36 SECONDS, EAST A DISTANCE OF 87.58 FEET TO THE SOUTH RIGHT-OF -WAY LINE OF CONSTRUCTION AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES, 52 MINUTES, 49 SECONDS, EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF CONSTRUCT AVENUE A DISTANCE OF 648.86 FEET; THENCE SOUTH 05 DEGREES, 07 MINUTES, 11 SECONDS, WEST A DISTANCE OF 74.08 FEET; THENCE NORTH 84 DEGREES, 51 MINUTES, 19 SECONDS, WEST A DISTANCE OF 669.58 FEET TO EAST RIGHT-OF-WAY LINE OF KANSAS LANE; THENCE NORTH 05 DEGREES, 13 MINUTES, 23 SECONDS, EAST ALONG THE EAST RIGHT-OF-WAY LINE OF KANSAS LANE A DISTANCE OF 38.36 FEET; THENCE NORTH 35 DEGREES, 20 MINUTES, 56 SECONDS EAST A DISTANCE OF 41.01 FEET BACK TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO BENTZ & ELMORE, INC., A LOUISIANA CORPORATION FROM CITY OF MONROE, LOUISIANA, A LOUISIANA MUNICIPAL CORPORATION BY DEED DATED 07/07/1995 AND RECORDED 07/07/1995 IN INSTRUMENT NO. 1154292.PARCEL TWO:SITUATED IN THE PARISH OF OUACHITA, STATE OF LOUISIANA, TO-WIT: LOT 15 OF PARGOUD LANDING SUBDIVISION, A RESUBDIVISION OF AN OUT PARCEL WITHIN PARGOUD LANDING SUBDIVISION, AS PER PLAT THEREOF PREPARED BY F. MARKLEY HUEY, SURVEYOR, DATED 07/03/1995, RECORDED IN PLAT BOOK 19, PAGE 14, UNDER DR#1144154, OF THE RECORDS OF OUACHITA PARISH, LOUISIANA, SAID PROPERTY LOCATED IN SECTION 64, TOWNSHIP 18 NORTH, RANGE 3 EAST, OUACHITA PARISH, LOUISIANA, TOGETHER WITH ALL LANDS SUSCEPTIBLE OF PRIVATE OWNERSHIP AND ALL RIPARIAN RIGHTS LYING TO THE NORTH OF THE ABOVE DESCRIBED PROPERTY EXTENDED TO THE CENTER LINE OF BAYOU DESIARD. BEING THE SAME PROPERTY CONVEYED TO BENTZ & ELMORE, INC., A LOUISIANA CORPORATION FROM ROBERT E. BENTZ BY ACT OF CORRECTION DATED 06/11/1998 AND RECORDED ON 06/12/1998 IN INSTRUMENT NO. 1229090. SAID ACT OF CORRECTION CORRECTS GRANTEE AS SHOWN IN TRANSFER OF PROPERTY FROM LYNDA LEE GAAR, BALDWIN AND ROBERT M. BALDWIN AND VAN TROW OLDS CADILLAC, INC. TO ROBERT E. BENTZ DATED 10/24/1995 AND RECORDED 10/26/1995 IN INSTRUMENT NO. 1161657. Seized as the property of the defendants and will be sold to satisfy said WRIT OF FIERI FACIAS and all costs. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE US BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MLMI SURF TRUST SERIES 2006-BC3 VS.NO. 064257 MICHAEL RAY HALL AND LAURIE ANN BRADDOCK HALL 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: A CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN LOT NO. 4, UNIT NO. 1 OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 14, PAGE 87, RECORDS OF OUACHITA PARISH, LOUISIANA, AND LOT NO. 8, UNIT NO. 2, OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 15, PAGE 65, RECORDS OF OUACHITA PARISH, LOUISIANA, SITUATED IN SECTION 22, TOWNSHIP 16 NORTH, RANGE 2 EAST, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT NO. 4, UNIT NO. 1 OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 14, PAGE 87, RECORDS OF OUACHITA PARISH, LOUISIANA AND PROCEED NORTH 59 DEGREES 54 MINUTES 26 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, A DISTANCE OF 111.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 59 DEGREES 54 MINUTES 26 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, A DISTANCE OF 15.44 FEET; THENCE PROCEED IN AN EASTERLY DIRECTION ALONG A CURVE TO THE RIGHT AND ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, FOR AN ARC LENGTH OF 115.40 FEET (RADIUS = 170.88’ CHORD= NORTH 79 DEGREES 14 MINUTES 42 SECONDS EAST, 113.22’); THENCE PROCEED SOUTH 81 DEGREES 23 MINUTES 53 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, A DISTANCE OF 9.75 FEET; THENCE PROCEED SOUTH 42 DEGREES 37 MINUTES 00 SECONDS EAST, A DISTANCE OF 418.65 FEET; THENCE PROCEED SOUTH 47 DEGREES 58 MINUTES 32 SECONDS WEST, A DISTANCE OF 117.34 FEET; THENCE PROCEED NORTH 42 DEGREES 37 MINUTES 00 SECONDS WEST, A DISTANCE OF 488.14 FEET TO THE POINT OF BEGINNING, CONTAINING 1.25 ACRES, MORE OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF DOWNS ROAD AND ALL OTHER RIGHTS OF WAY, EASEMENTS AND SERVITUDES OF RECORD AND/OR USE. AND A CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN LOT NO. 4, UNIT NO. 1 OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 14, PAGE 87, RECORDS OF OUACHITA PARISH, LOUISIANA, AND LOT NO. 8, UNIT NO. 2, OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 15, PAGE 65, RECORDS OF OUACHITA PARISH, LOUISIANA, SITUATED IN SECTION 22, TOWNSHIP 16 NORTH, RANGE 2 EAST, LAND DISTRICT NORTH OF RED RIVER, OUACHITA PARISH, LOUISIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT NO. 4, UNIT NO. 1 OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 14, PAGE 87, RECORDS OF OUACHITA PARISH, LOUISIANA AND PROCEED NORTH 59 DEGREES 54 MINUTES 26 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, A DISTANCE OF 111.62 FEET; THENCE CONTINUE NORTH 59 DEGREES 54 MINUTES 26 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, A DISTANCE OF 15.44 FEET; THENCE PROCEED IN AN EASTERLY DIRECTION ALONG A CURVE TO THE RIGHT AND ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, FOR AN ARC LENGTH OF 115.40 FEET (RADIUS = 170.88’ = CHORD = NORTH 79 DEGREES 14 MINUTES 42 SECONDS EAST, 113.22’); THENCE PROCEED SOUTH 81 DEGREES 23 MINUTES 53 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT NO. 4, A DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 81 DEGREES 23 MINUTES 53 SECONDS EAST, A DISTANCE OF 136.25 FEET; THENCE PROCEED IN AN EASTERLY DIRECTION ALONG A CURVE TO THE LEFT, FOR AN ARCH LENGTH OF 86.27 FEET (RADIUS = 143.32’ = CHORD = NORTH 81 DEGREES 05 MINUTES 13 SECONDS EAST - 86.27’) TO THE NORTHEAST CORNER OF SAID LOT NO. 4; THENCE PROCEED SOUTH 44 DEGREES 50 MINUTES 35 MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT NO. 4 AND THE EASTERLY LINE OF LOT NO. 8, UNIT NO. 2 OF JESSICA DARE SUBDIVISION RECORDED IN PLAT BOOK 15, PAGE 65, RECORDS OF OUACHITA PARISH, LOUISIANA, A DISTANCE OF 161.34 FEET; THENCE PROCEED SOUTH 59 DEGREES 22 MINUTES 57 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT NO. 8, A DISTANCE OF 110.03 FEET; THENCE PROCEED SOUTH 47 DEGREES 58 MINUTES 32 SECONDS WEST, A DISTANCE OF 195.12 FEET; THENCE PROCEED NORTH 42 DEGREES 37 MINUTES 00 SECONDS WEST, A DISTANCE OF 418.65 FEET TO THE POINT OF BEGINNING, CONTAINING 1.25 ACRES, MORE OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF DOWNS ROAD, REGINA DRIVE, AND ALL OTHER RIGHTS OF WAY, EASEMENTS AND SERVITUDES OF RECORD AND/OR USE. Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE BAC HOME LOANS SERVICING LP VS.NO. 092407 ROKEAU BATISTE A/K/A ROKEAU EDWARDS 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: THE FOLLOWING DESCRIBED PROPERTY, TOGETHER WITH THE IMPROVEMENTS AND APPURTENANCES THEREUNTO BELONGING, SITUATED IN OUACHITA, LOUISIANA, TO WIT: LOT THREE (3), BLOCK SIX (6), UNIT #1, GREATER MONROE DEVELOPMENT COMPANY, INC., BEING A RESUBDIVISION OF WEST HALF (W 1/2) OF BLOCKS 15, 38-A, 43, 68 AND 73-A, AND EAST HALF (E 1/2) OF BLOCKS 16, 37, 44, 67 AND 74 OF OUACHITA COTTON MILLS SECOND ADDITION TO THE CITY OF MONROE, LOUISIANA, AS PER PLAT ON FILE IN PLAT BOOK 9, PAGE 6 OF THE 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. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP VS.NO. 094429 JOSHUA W. PATE AKA JOSHUA WAYNE PATE 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT NINE (9), UNIT NUMBER (1), SUNNYBROOK FARMS SUBDIVISION, SITUATED IN SECTION 25, TOWNSHIP 17 NORTH, RANGE 2 EAST, 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 defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE OF SAMI II 2006-AR3 VS.NO. 102220 MICHELLE W JOHNSON A/K/A MICHELLE WILSON JOHNSON 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 22, UNIT 2, LINCOLN PARK, SUBDIVISION TO MONROE, LOUISIANA; 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. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE GIBSLAND BANK AND TRUST COMPANY VS.NO. 103779 GORDON HEMPHILL DIRT CONTRACTOR, INC., GORDON L HEMPHILL AND KATHERINE F HEMPHILL 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: A CERTAIN LOT OR PARCEL OF LAND IN SECTION 54, TOWNSHIP 17 NORTH, RANGE 3 EAST, DISTRICT NORTH OF RED RIVER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE CONCRETE MONUMENT MARKING THE CORNER OF SECTION 54, TOWNSHIP 17 NORTH, RANGE 3 EAST, DISTRICT NORTH OF RED RIVER, THIS BEING THE CORNER DESIGNATED NUMBER 78 ON THE ORIGINAL TOWNSHIP PLAT, RUN NORTH 54 DEGREES 02 MINUTES EAST ALONG THE LINE COMMON TO SECTIONS 53 AND 54 A DISTANCE OF 521.85 FEET TO AN IRON PIN, THE POINT OF BEGINNING PROPER, THENCE NORTH 35 DEGREES 58 MINUTES WEST A DISTANCE OF 210.0 FEET TO AN IRON PIN, THENCE NORTH 54 DEGREES 02 MINUTES EAST 971.5 FEET TO AN IRON PIN, THENCE CONTINUING NORTH 54 DEGREES 02 MINUTES EAST 30.0 FEET TO A POINT IN ELKINS ROAD, THENCE SOUTH 54 DEGREES 40 MINUTES EAST 221.8 FEET TO A POINT IN ELKINS ROAD, THENCE SOUTH 54 DEGREES 02 MINUTES WEST ALONG THE LINE COMMON TO SAID SECTIONS 53 AND 54 A DISTANCE OF 30.0 FEET TO AN IRON PIN, THENCE CONTINUING SOUTH 54 DEGREES 02 MINUTES WEST ALONG SAID SECTION LINE 1042.9 FEET TO THE POINT OF BEGINNING PROPER, AND CONTAINING 5.00 ACRES, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA. AND (MOVEABLE PROPERTY) 1999 JOHN DEERE TRACKHOE S#P00160X041545 1991 MACK VIN 1M2P264Y4MM008933 1999 FORD VIN 1FTNF20L4XEE76596 2005 TAKEUCHI FRONT LOADER TL 130 S#21305233 2001 JOHN DEERE JD 650J C-DOZER S#T0650JX119201 N/A PITTS 30’ LOWBOY S#5JYTA20246P060615 2000 FORD 1 TON VIN 1FTSW30F8YEC57208 Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE PHH MORTGAGE CORPORATION VS.NO. 103861 THE UNOPENED SUCCESSION OF MARY MARGARET CONLIN O’HARA (A/K/A MARY M C O’HARA, MARY M CONLIN, MARY M O’HARA, MARY MARGARET CONLIN, MARY MARGARET O’HARA, MARY C O’HARA, MARY CONLIN O’HARA, MARY CONLIN, MARY O’HARA) AND LOUISE W CONLIN (A/K/A LOUISE CONLIN) 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT THREE (3) SQUARE TEN (10) UNIT TWO (2) SCHOLARS ADDITION OUACHITA PARISH LOUISIANA. MUNICIPAL ADDRESS: 414 ORLEANS STREET, MONROE LOUISIANA WHICH HAS THE ADDRESS OF 414 ORLEANS STREET, MONROE, LA 71201. Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE CHASE HOME FINANCE LLC, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION A/K/A JPMORGAN CHASE BANK, N.A. VS.NO. 111315 JULIE ANN HEMPHILL 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 52, UNIT 2 GREEN SPRINGS SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGE 95 OF THE 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. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE CITIMORTGAGE INC VS.NO. 111634 JOHN MICHAEL WHITE , II 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 13 UNIT 5 IN GREATER MONROE HOMES RESUBDIVISION OF SQUARE 8 UNIT 2 BREARD PLACE ADDITION, 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 defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE BANK OF AMERICA NA VS.NO. 112060 JOYCELYN ELAINE SHAW 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: ONE CERTAIN LOT OF GROUND, TOGETHER WITH ALL THE BUILDINGS AND IMPROVEMENTS THEREON, AND ALL THE RIGHTS, WAYS, PRIVILEGES, SERVITUDES, ADVANTAGES AND APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, SITUATED IN THE PARISH OF OUACHITA, STATE OF LOUISIANA, TO WIT: LOT 92 OF UNIT 1 OF PARKVIEW SUBDIVISION, BEING A RESUBDIVISION OF A PORTION OF OUACHITA COTTON MILL COMPANY’S SECOND ADDITION AND ROSEDALE ADDITION TO MONROE, LOUISIANA, AS PER PLAT OF SAID SUBDIVISION IN PLAT BOOK 10, PAGE 21, RECORDS OF OUACHITA PARISH, LOUISIANA, BEING THE SAME PROPERTY ACQUIRED BY THIS VENDOR BY DEED FILED FOR RECORD MAY 22, 1969, IN CONVEYANCE BOOK 917, PAGE 144, 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 defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE FEDERAL NATIONAL MORTGAGE ASSOCIATION VS.NO. 112376 WILLIAM STEPHEN HOWARD 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: LOT 14, BLOCK B, FRENCHMAN’S BEND SUBDIVISION, UNIT 7, SITUATED IN SECTION 15, T19N, RANGE 4 EAST, OUACHITA PARISH, LOUISIANA, AS PER PLAT FILED IN PLAT BOOK 21, PAGE 142, RECORDS OF OUACHITA PARISH, LOUISIANA, TOGETHER WITH ALL THE IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY WHICH HAS THE ADDRESS OF 122 MEDALIST STREET, 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. Said sale is WITHOUT benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ SHERIFF’S SALE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION VS.NO. 112424 MARK EDWARD PIPES AND MARISA (MARISSA) DE-ZORZI PIPES 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, October 19, 2011, beginning at 10:00 A.M., the following described property, to wit: A TRIANGULAR TRACT OF GROUND BEING PORTION OF LOT THREE (3) AS SHOWN ON REVISED PLAT OF LOTS 3, 4 AND 5, BLOCK 4, NORTH PARK VILLAGE SUBDIVISION, MONROE, LOUISIANA; AS PER PLAT FILED IN THE RECORDS OF OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER OF LOTS 3 AND 4 OF SAID BLOCK 4 ON THE WESTERLY LINE OF RAILROAD RIGHT OF WAY AND RUN SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 3 AND WESTERLY LINE OF RAILROAD RIGHT OF WAY A DISTANCE OF 11.19 FEET; THENCE SOUTHWESTERLY A DISTANCE OF 61.4 FEET TO A POINT ON THE LINE BETWEEN LOTS 3 AND 4; THENCE NORTHEASTERLY ALONG THE LINE BETWEEN LOTS 3 AND 4 A DISTANCE OF 67.86 FEET TO THE POINT OF BEGINNING. ANDA TRIANGULAR TRACT OF GROUND BEING A PORTION OF LOT FIVE (5) AS SHOWN ON REVISED PLAT OF LOTS 3, 4 AND 5, BLOCK 4, NORTH PARK VILLAGE SUBDIVISION, MONROE, LOUISIANA AS PER PLAT FILED IN THE RECORDS OF OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 5, BLOCK 4 AND RUN WESTERLY ALONG THE NORTHERLY LINE OF OAK CIRCLE AND SOUTHERLY LINE OF SAID LOT 5, A DISTANCE OF 8.0 FEET, THENCE NORTHERLY A DISTANCE OF 147.5 FEET, MORE OR LESS TO THE NORTHEASTERLY CORNER OF SAID LOT 5, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 5 A DISTANCE OF 145.47 FEET TO THE POINT OF BEGINNING. ANDA CERTAIN PARCEL OF LAND SITUATED IN SECTION 5, T18N, R4E, OUACHITA PARISH, LOUISIANA, CONTAINING 0.22 ACRES MORE OR LESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF LOT 4, UNIT 1, NORTH PARK VILLAGE SUBDIVISION AS PER RECORDS OF OUACHITA PARISH, LOUISIANA AND PROCEED SOUTH 89 DEGREES 53’ WEST ALONG SAID LOT 4 FOR 188 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE NORTH 12 DEGREES 57.3’ EAST FOR 51.52 FEET; THENCE NORTH 89 DEGREES 53’ EAST FOR A DISTANCE OF 188 FEET; THENCE SOUTH 12 DEGREES 57.3’ WEST FOR A DISTANCE OF 51.52 FEET TO THE POINT OF BEGINNING.ANDLOT FOUR (4), BLOCK FOUR (4), UNIT NO. ONE (1), NORTH PARK VILLAGE SUBDIVISION IN SECTION 5, TOWNSHIP 18 NORTH, RANGE 4 EAST, AS PER PLAT THEREOF IN PLAT BOOK 10, PAGE 142, MONROE, OUACHITA PARISH, LOUISIANA. LESS AND EXCEPT: A TRIANGULAR TRACT OF GROUND BEING A PORTION OF LOT FOUR (4) AS SHOWN ON REVISED PLAT OF LOTS 3, 4 AND 5, BLOCK 4, NORTH PARK VILLAGE SUBDIVISION, AS PER PLAT FILED IN THE RECORDS OF OUACHITA PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT FOUR (4) ON THE EASTERLY LINE OF OAK CIRCLE AND RUN NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT FOUR (4) AND EASTERLY LINE OF OAK CIRCLE A DISTANCE OF 14.0 FEET; THENCE NORTHEASTERLY A DISTANCE OF 89.0 FEET TO THE LINE BETWEEN LOTS FOUR (4) AND THREE (3); THENCE SOUTHWESTERLY ALONG THE LINE BETWEEN LOTS THREE (3) AND FOUR (4) A DISTANCE OF 86.0 FEET MORE OR LESS TO THE POINT OF BEGINNING. TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY, AND ALL EASEMENTS, APPURTENANCES, AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY. Seized as the property of the defendants and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs. Said sale is WITH benefit of appraisement to the last and highest bidder. Terms of sale: Cash or certified funds by 1:00 P.M. on the day of sale for the full amount bid. ROYCE TONEY, SHERIFF Ouachita Parish Monroe, LA September 15, 2011 & October 13, 2011 ________________________________________________________ STATE OF LOUISIANA PARISH OF OUACHITA WEST MONROE CITY COURT ALBANY FINANCE VS #38308 ERNEST JACKSON MARSHAL'S SALE By virtue of a writ of FIFA issued from the Honorable WEST MONROE CITY COURT, PARISH OF OUACHITA, STATE OF LOUISIANA, and to me directed: I have seized and taken possession of, and will offer for sale at the North door of the West Monroe City Court Building, West Monroe City Marshal's Office, between the hours of legal sale (at 10:00 a.m.), October 12, 2011, the following described property, to wit: ONE (1) 1999 FORD WINDSTAR, VIN/ 2FMZA5146XBC08794 ONE (1) GATEWAY REMOTE 5807702 RC6 ONE (1) COMPAQ 7500 MONITOR CNR252ODWM ONE (1) GATEWAY TOWER xsl5451000264 ONE (1) EPSON PRINTER S/N KPZY157922 ONE (1) KEYBOARD S/N 015120039453 ONE (1) SANYO TV B 54002063E1094 W/ REMOTE ONE (1) HP PRINTER CR8HF424HB ONE (1) MOURSE 97894REVISE2 TWO (2) SPEAKERS S/N 1705002280 ONE (1) CYXEL 50YOY1901606Y TERMS OF SALE: Cash, WITH benefit of appraisement to the last and highest bidder. William M Guyton West Monroe City Marshal West Monroe City Court 9/15 ________________________________________________________ NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT ON PROPOSED SETTLEMENT AGREEMENT BETWEEN THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY AND DONALD FARMS, INC. The Louisiana Department of Environmental Quality and Donald Farms, Inc., Agency Interest Number, 149858, have entered into a proposed settlement agreement, Settlement Tracking No. SA-MM-11-0033, concerning the state's allegations of environmental violations by Respondent at its facility in Ouachita Parish, Louisiana, which allegations are set forth in Compliance Order, LDEQ Enforcement Number WE-C-07-0616 and the Consolidated Compliance Order & Notice of Potential Penalty, LDEQ Enforcement Number MM-CN-08-0059. The Department of Environmental Quality will accept comments on the proposed settlement for the next forty-five (45) days. The public is invited and encouraged to submit written comments to the Louisiana Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, Post Office Box 4302, Baton Rouge Louisiana 70821-4302, Attention: Jay Glorioso, Attorney. All comments will be considered by the Department of Environmental Quality in reaching a decision on whether to make the settlement final. Terms and conditions of the proposed settlement agreement may be reviewed on the Department of Environmental Quality's website at www.deqlouisiana.gov, by selecting Divisions, Enforcement, and Settlement Agreements. The document may also be viewed at, and copies obtained from, the Louisiana Department of Environmental Quality, Public Records Center, Room 127, Galvez Building, 602 North Fifth Street, Baton Rouge, Louisiana 70802. To request a copy of the proposed settlement, submit a completed Public Record Request Form (DEQ Form FSD-0005-01). The form and instructions for completion may be found on the DEQ Web site at the following address: http://www.deq.state.la.us/pubRecords/default.htm, or by calling the Customer Service Center at 1-866-896-5337. Pursuant to La. R.S. 30:2050.7(D), the Department of Environmental Quality may hold a public hearing regarding this proposed settlement when either of the following conditions are met: 1) a written request for public hearing has been filed by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having not less that twenty-five (25) members who reside in the parish in which the facility is located; or 2) the secretary finds a significant degree of public interest in this settlement. For further information, you may call the Legal Division of the Louisiana Department of Environmental Quality at (225) 219-3985. 9/15 ________________________________________________________ INVITATION TO BID Qualified Contractors are invited to submit a Sealed, Unit Price Bid Proposal for the following project: Ouachita Parish Police Jury Road Improvement Project for Angela Drive and Magnolia Drive The above work is more completely described in the specifications, drawings, and other bid data available at the Ouachita Parish Police Jury offices located at 301 South Grand Street, Second Floor, Monroe, LA 71201. Requests for additional information should be directed to: Thomas Holtzclaw, P.E. Holtzclaw Engineering, L.L.C. Phone: (318) 801-5404 Bidder will be requested to return its bid proposal for performing this work along with all bid material under separate cover, in person or by mail, to: Ouachita Parish Police Jury Attention: Frances Hunter 301 South Grand Street, Second Floor Monroe, LA 71201 Phone: (318) 327-1340 All bid proposals must be either mailed or delivered in time to be received by the OUACHITA PARISH POLICE JURY, on or before the time scheduled for the opening of the bids, which is 10:00 a.m., CDT, September 30, 2011. Bids received after this time will not be considered. 9/1,9/8,9/15,9/22 ________________________________________________________ INVITATION TO BID Qualified Contractors are invited to submit a Sealed, Unit Price Bid Proposal for the following project: Ouachita Parish Police Jury Road Improvement Project for: Greenbriar Drive Lakeland Drive Teakwood Drive The above work is more completely described in the specifications, drawings, and other bid data available at the Ouachita Parish Police Jury offices located at 301 South Grand Street, Second Floor, Monroe, LA 71201. Requests for additional information should be directed to: Thomas Holtzclaw, P.E. Holtzclaw Engineering, L.L.C. Phone: (318) 801-5404 Bidder will be requested to return its bid proposal for performing this work along with all bid material under separate cover, in person or by mail, to: Ouachita Parish Police Jury Attention: Frances Hunter 301 South Grand Street, Second Floor Monroe, LA 71201 Phone: (318) 327-1340 All bid proposals must be either mailed or delivered in time to be received by the OUACHITA PARISH POLICE JURY, on or before the time scheduled for the opening of the bids, which is 11:00 a.m., CDT, September 30, 2011. Bids received after this time will not be considered. 9/1,9/8,9/15,9/22 ________________________________________________________ NOTICE TO BIDDERS Sealed bids for the following will be received by the Louisiana Department of Transportation and Development, Procurement Section, Headquarters Administration, 1201 Capitol Access, 4th Floor East Wing S-447, Baton Rouge, LA 70802, Telephone number (225/379-1444) on date(s) shown below, until 10:00 A.M.. No bids will be accepted after this hour. At 10:00 A.M. of the same day and date, they will be publicly opened and read in Headquarters Administration Building, East Wing Room S-447. Evidence of authority to submit the bid shall be required in accordance with R.S. 38:2212 (A)(1)(c) and/or R.S. 39:1594(C)(2)(D). BIDS TO BE OPENED: OCTOBER 6, 2011 SALT The Department will award the contract to the LOWEST responsible bidder without discrimination on grounds of race, color or national origin. Minority business enterprises will be afforded full opportunity to submit bids pursuant to this advertisement. Full information may be obtained upon request from the above address. The Department reserves the right to reject any and all bids and to waive any informalities. SHERRI H. LeBAS, P.E. SECRETARY, LADOTD CARLA J. PARENT, CPPB DOTD PROCUREMENT DIRECTOR 9/15 ________________________________________________________ ADVERTISEMENT FOR BIDS Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145 (South Entrance 1st Floor - 1st door on the right), Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Tuesday, October 4, 2011. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING. FOR: Replace Existing Fire Alarm System & Install New Fire Suppression System for Dormitories Swanson Center for Youth Monroe, Louisiana 71202 PROJECT NUMBER: 08-403-07B-03, Part 01 Complete Bidding Documents may be obtained from: Forte & Tablada, Inc. 9107 Interline Ave Baton Rouge, LA 70809 225-927-9321 upon deposit of $75.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent (50%) of the deposit of all other sets of documents will be refunded upon return of documents as state above. All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent (10%) of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable. The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact. A PRE-BID CONFERENCE WILL BE HELD at 10:30 a.m. on Tuesday, September 20, 2011 at Swanson Center for Youth, Administration Building, Conference Room, 4701 South Grand Street, Monroe, LA 71202. Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2192 for classification of Electrical Work. Bidder is required to comply with provisions and requirements of LA. R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214. The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity. When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed. Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm. STATE OF LOUISIANA DIVISION OF ADMINISTRATION FACILITY PLANNING AND CONTROL JOHN DAVIS, DIRECTOR 9/1,9/8,9/15 ________________________________________________________ NOTICE TO BIDDERS Sealed Bids will be received by the Ouachita Parish School Board, 100 Bry Street, Monroe, Louisiana 71210-1642 until 10:00 A.M., October 4, 2011. For: Alterations to Sterlington Middle School Monroe, Louisiana Ouachita Parish School Board Project Bid Number: 44-11 Complete Bidding Documents may be obtained from: Rice Gregory & Associates APC P.O. Box 585 (call 318.366.2601) West Monroe, Louisiana 71294 Telephone: (318) 366.2601 upon deposit of $200.00 for each set of documents. Deposit on the first set is fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. The deposit of all other sets of documents will be refunded 50% upon return of documents as stated above. All bids must be accompanied by bid security equal to five percent (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier's check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this state. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable. Contractors have the option of submitting bids electronically at www.bidsync.com in lieu of sealed bids. The successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State, and who is residing in this State, in an amount equal to the 100% of the contract amount. No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of Act 111 of 1983. The Owner reserves the right to reject any and all bids. OUACHITA PARISH SCHOOL BOARD Jerry Hicks, President ATTEST: Dr. Robert Webber, ED.D, Secretary 9/1,9/8,9/15 ________________________________________________________ DOCUMENT 00 11 13 ADVERTISEMENT FOR BIDS SEPARATE SEALED BIDS for Force Main Replacement for Lift Station “N”, Ouachita Parish, Louisiana, will be received by West Ouachita Sewerage District No. 5 at 327 Wallace Road, West Monroe, LA, 71291 until ten (10:00) o'clock A.M. on October 11, 2011. Sealed bids will be publicly opened and read aloud immediately after the closing time for the receipt of bids. Any bids received after closing time will be returned to the bidder unopened. The Plans, Specifications and Contract Documents may be examined and procured at the office of the Engineer, Lazenby & Associates, Inc., Consulting Engineers & Land Surveyors, 2000 North Seventh Street, West Monroe, Louisiana, 71291, 318-387-2710. A non-refundable deposit of Fifty and No/100 Dollars ($50.00) will be required for each set of documents. A pre-bid conference will be held at 2:00 PM on September 21, 2011 at the office of Lazenby & Associates, Inc. Each bid shall be accompanied by a cashier's check, certified check or acceptable Bid Bond payable to the West Ouachita Sewerage District No. 5 in the amount not less than five percent (5%) of the total bid amount as a guarantee that, if awarded the Contract, the Bidder will promptly enter into a contract and execute such bonds as may be required. The successful Bidder shall be required to furnish a Performance Bond for the full amount of the Contract in accordance with Article 5 of the General Conditions. In addition, the successful Bidder shall be required to furnish a Labor and Material Payment Bond for the Contract in accordance with Article 5 of the General Conditions. The Owner reserves the right to waive any informalities or to reject any or all bids, as provided for in LA R.S.38:2214(B). Date: September 7, 2011 OWNER: West Ouachita Sewerage Dist. No. 5 BY: /s/ Fred HallPresident 9/8,9/15,9/22 ________________________________________________________ NOTICE TO BIDDERS 2011 Christmas on the River 2012 Twin Cities’ Krewe of Janus Mardi Gras Parade Advertising Package The Monroe-West Monroe Convention & Visitors Bureau is accepting proposals for an out-of-state advertising package for the 2011 Christmas on the River and the 2012 Twin Cities’ Krewe of Janus Mardi Gras Parade in accordance with the provisions of LSA-R.S.38:2211 et seq. Sealed bid proposals will be accepted in the office of Alana Cooper, Executive Director, Monroe-West Monroe Convention and Visitors Bureau, 601 Constitution Drive, West Monroe, LA 71292, no later than 10:00 a.m. on Friday – September 23, 2011. The proposal will be for the maximum amount of advertisement in the out-of-state regional markets of Mississippi and Arkansas plus development of the advertisement from previous footage for a total sum of $40,000 (Forty Thousand Dollars) for Christmas on the River (COTR) and $20,000 (Twenty Thousand Dollars) for the Twin Cities’ Krewe of Janus Mardi Gras Parade. The total sum of the advertising package is $60,000 (Sixty Thousand Dollars). Configuration for Christmas on the River is as follows: $25,000 to be used for television broadcast and $15,000 for radio broadcast. The funds for the Twin Cities’ Krewe of Janus Mardi Gras Parade shall be configured at the bidder’s discretion, so long as funds are used for television and radio broadcast only. Christmas on the River advertising will run in two segments. The first segment will run during the weeks of November 14-December 3 and will promote the events scheduled for November 26 – December 3. This segment will comprise approximately 75% of the total COTR advertising budget. The second segment will run during the weeks of December 4- December 17. This segment will comprise approximately 25% of the total COTR advertising budget. The television broadcast component should be scheduled on channels targeting small children, i.e. Nickelodeon and Disney, as well as women, i.e. Lifetime and HGTV. Any agency and/or productions costs are to be billed in addition to the $40,000 advertising spend. A portion of this project is funded through a Cooperative Marketing Program with the Louisiana Office of Tourism (LOT). Television broadcast spots must include their logo and receive approval from their office. Therefore, all production must be completed by October 25, 2011, in order to receive approval from LOT. Logos will be provided. Twin Cities Krewe of Mardi Gras Parade will run during the weeks of January 23, 2012 through February 10, 2012. Any agency and/or production costs should be included in the $20,000. The Monroe-West Monroe Convention and Visitors Bureau reserves the right to reject any and all bids. Alana Cooper Executive Director Monroe-West Monroe Convention & Visitors Bureau 9/8,9/15 ________________________________________________________ BOARD OF COMMISSIONERS HOSPITAL SERVICE DISTRICT NO. 1 PARISH OF OUACHITA, STATE OF LOUISIANA JULY 19, 2011 CALL TO ORDER A regular meeting of the Board of Commissioners, Hospital Service District No. 1 of the Parish of Ouachita, State of Louisiana was called to order at 11:45 A.M. at the Wellness Center, 3215 Cypress Street, West Monroe, Louisiana, by Steve Hall, Chairman of the Board of Commissioners. All references to the “District” refer to the Hospital Service District No. 1 of the Parish of Ouachita, State of Louisiana. All references to the “Foundation” refer to the Living Well Foundation. INVOCATION Ms. Liner gave the invocation. ROLL CALL PRESENT: Steve Hall, Chairman; Violet Liner; Pat Spencer; Randy Gilley; and Mike Mulhearn ABSENT: None OTHERS PRESENT: Mike Landry, regular counsel for the Hospital Service District No. 1 via phone conference; Pam Barton, Supervisor, Ouachita Parish School Board Competitive Grant Department; Robin Austin, Ouachita Parish School Board Grant Facilitator; Debbie Takewell, CPA; Karen Hanna, CPA and business partner of Debbie Takewell; Betsy Culp, Interim Executive Director of the Wellness Center; Justin Johnson and Andrew Hinton, Aramark Representatives; and Pat Thompson, Recording Secretary. OPPORTUNITY FOR PUBLIC COMMENT None REMARKS FROM THE CHAIRMAN OF THE DISTRICT Mr. Hall had no comments at this time. REVIEW OF FIRST ANNUAL REPORT FROM THE OUACHTIA PARISH SCHOOL BOARD UNDER THE HSD-OPSB COOPERATIVE ENDEAVOR AGREEMENT Ms. Pam Barton, the Supervisor of OPSB Competitive Grant Department, and Robin Austin, Grant Facilitator, were in attendance to present the first annual report under the HSD-OPSB Cooperative Endeavor Agreement. Ms. Barton reported that all fourth and fifth graders are enrolled in physical education. Second and third graders are scheduled to be enrolled next year. Students are scheduled for 30 minute of physical education per day, every day. After evaluation, it was determined that fourth and fifth grade students received an average of 90 minutes of physical education per week. Ms. Barton demonstrated their PEP Kits available to teachers, which is a very simple, teacher friendly plan for physical education. Dr. Wilson Campbell and Dr. Luke Thomas conducted an evaluation of the program, which was reviewed by Ms. Barton with the Commissioners. EXECUTIVE SESSION FOR PURPOSES OF STRATEGIC PLANNING, INCLUDING WITH RESPECT TO THE FUTURE OF THE WELLNESS CENTER AND RELATIONS WITH GRMC, GLENWOOD RESOLUTION AUTHORITY, INC., AND THE LIVING WELL FOUNDATION A motion was made by Ms. Liner seconded by Mr. Gilley and unanimously approved for the Board of Commissioners to go into executive session for the purposes of strategic planning, including reviewing the Wellness Center monthly financial statements. Debbie Takewell and Karen Hanna were in attendance to present the Wellness Center monthly financial statements. Betsy Culp, Interim Executive Director of the Wellness Center, also attended the executive session for review of the Wellness Center financials and to present her management report. Justin Johnson, Regional Account Executive with Aramark, and Andrew Hinton, Account Executive with Aramark, attended a portion of the executive session for the purpose of presenting a laundry proposal. Mr. Gilley motioned, Mr. Mulhearn seconded, and the Commissioners present approved the motion to go back into public session. APPROVAL OF EXTENDED SICK LEAVE POLICY FOR WELLNESS CENTER EMPLOYEES After due discussion, Mr. Spencer moved to consider the following resolution: WHEREAS, the Board of Commissioners continues to consider an appropriate extended sick leave policy to be in the best interest of the Wellness Center and desires to formalize the policy in order to promote consistency of application in the future; RESOLVED, that the Board of Commissioners approves, confirms, and ratifies the adoption of the Extended Sick Leave Policy and related changes to the Wellness Center Employee Handbook, as presented to this meeting, including all actions taken consistent therewith to date, and authorizes the Executive Director to cause to be prepared a revised Wellness Center Employee Handbook incorporating such changes. RESOLVED, that the Executive Director continues to be authorized to make such further nonmaterial changes to the Wellness Center Employee Handbook as he or she may deem appropriate or desirable from time to time. Mr. Hall seconded the motion. The Board proceeded to a vote, and the motion passed with the unanimous approval of the Commissioners present. REVIEW OF CURRENT FINANCIALS OF DISTRICT (OTHER THAN THE WELLNESS CENTER) Mr. Hall, Mrs. Takewell, and Mrs. Hanna presented the monthly financials of the District (other than the Wellness Center) ending June 30, 2011. APPROVAL OF THE WELLNESS CENTER’S NEW EXECUTIVE DIRECTOR The following resolution was offered by Mr. Spencer, seconded by Mr. Gilley, and unanimously approved by the Board of Commissioners: WHEREAS, Betsy Culp has diligently and faithfully served as Interim Executive Director with enthusiasm and distinction; RESOLVED, that the Board of Commissioners hereby designates Betsy Culp as the Executive Director of the Wellness Center. APPROVAL OF FOURTH ANNUAL REPORT TO THE ATTORNEY GENERAL The following resolution was offered by Mr. Spencer, seconded by Mr. Mulhearn, and unanimously approved by the Board of Commissioners: WHEREAS, the Attorney General required, in connection with his approval of the sale of Glenwood Regional Medical Center and the funding of the Foundation, that certain annual reports be made to the Attorney General, and a fourth annual report has been prepared; RESOLVED, that the Fourth Annual Report of the District and Glenwood Resolution Authority, Inc. regarding the Sale of Glenwood Regional Medical Center and the Operation of the Foundation, in the form presented at this meeting, is hereby approved, and the Chairman is authorized to sign the same and cause it to be filed with the Attorney General, with such further changes as he may approve, such approval to be conclusively evidenced by his signature thereon. SEMI-ANNUAL PROOF OF INVESTMENTS TO IASIS Mr. Hall and Landry referred to a signed letter and schedule of assets that was sent to IASIS Healthcare on July 14, 2011, as required by the Asset Purchase Agreement to provide proof of investments. ANNUAL REVIEW OF LIVING WELL FOUNDATION’S ANNUAL AUDITED FINANCIAL STATEMENTS, FORM 990, ANNUAL REPORT, AND COMPLIANCE CERTIFICATION The Board discussed the Foundation’s Annual Report, its fiscal year end audited financials, its Form 990, and its compliance certification. APPROVAL OF LIVING WELL FOUNDATION’S GRANTS MANAGER TERMS OF EMPLOYMENT After due discussion, Mr. Mulhearn proposed, Mr. Gilley seconded, and the Board of Commissioners unanimously adopted the following resolution: WHEREAS, Section 2.B(7)(b) of the Cooperative Endeavor Agreement dated January 31, 2007 between the District and the Foundation provides, among other things, that the establishment or amendment of the employment terms of the five highest-paid employees of the Foundation are subject to the approval of the District; WHEREAS, the Foundation Board has approved a raise for Ms. Tracey Linson, its Grants Manager, which raise is reflected in the written employment letter agreement, dated July 14, 2011, presented to this meeting, which indicates the raise is effective August 1, 2011; RESOLVED, that the terms of employment of Ms. Tracey Linson by the Foundation as its Grants Manager, as set forth in the written employment letter agreement, dated July 14, 2011, presented to this meeting, providing for the raise effective August 1, 2011, are hereby approved. REVIEW OF LIVING WELL FOUNDATION’S MINUTES OF JULY 12, 2011 BOARD OF DIRECTORS MEETING The Foundation’s minutes of the July 12, 2011 Board of Directors meeting were not available for review. AMENDMENT OF AGENDA Mr. Spencer moved to take up the following matter not on the agenda: "Approval of Minutes of District Board Meeting of June 21, 2011," and stated that the purpose for the addition to the agenda is to address a matter not on the agenda that it is in the best interest of the District to address immediately. Mr. Gilley seconded the motion. The Chairman declared an opportunity for public comment on the motion. There were no public comments. The Board proceeded to a vote, and the motion passed with the unanimous approval of the Commissioners present, whereupon the Board took up the matter. APPROVAL OF MINUTES OF DISTRICT BOARD MEETING OF JUNE 21, 2011 After review of the District’s June 21, 2011 Board meeting minutes, a motion was made by Mr. Mulhearn and seconded by Mr. Gilley to adopt the minutes as presented and the motion was unanimously approved. TRANSACTION OF ANY OTHER BUSINESS THAT MAY PROPERLY COME BEFORE THE MEETING The next regular scheduled meeting of the Hospital Service District is Tuesday, August 16, 2011. ADJOURNMENT With no further business to discuss, Mr. Hall declared the meeting adjourned. Chairman Date 9/15 ________________________________________________________ NOTICE ON A MOTION BY RON HILL, DULY SECONDED BY LUCY HOLTZCLAW, THE FOLLOWING RESOLUTION WAS OFFERED TO WIT: RESOLUTION WHEREAS, the Town of Sterlington desires to submit an FY 2012 – FY 2013 LCDBG application for sewer collection system improvements; WHEREAS, the Town of Sterlington has advertised for administrative and engineering services for the FY 2012 – FY 2013 LCDBG Program; NOW, THEREFORE, BE IT RESOLVED, that the Town of Sterlington awards the contract for administrative services to Oliver Schulz & Associates and the contract for engineering services to Denmon Engineering Co., Inc.; BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all contracts and documents pertaining to this LCDBG application; THE ABOVE RESOLUTION WAS ADOPTED AT THE AUGUST 23, 2011 MEETING, AND THE VOTE WAS RECORDED AS FOLLOWS: YEAS: 5 NAYS: 0 ABSENT: 0 VERN BRELAND, MAYOR MARILYN DILMORE, TOWN CLERK 9/15 ________________________________________________________ RESOLUTION BE IT RESOLVED, that the following millage(s) are hereby levied on the 2011 tax roll on all property subject to taxation by the Town of Sterlington: MILLAGE GENERAL ALIMONY STERLINGTON 9.150 mills BE IT FURTHER RESOLVED that the proper administrative officials of the Town of Sterlington, Parish of Ouachita, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish for the year 2011, and to make the collection of the taxes imposed for and on behalf of the taxing authority, according to law, and that the taxes herein levied shall become a permanent lien and privilege on all property subject to taxation as herein set forth, and collection thereof shall be enforceable in the manner provided by law. The foregoing resolution was read in full, the roll was called on the adoption thereof, and the resolution was adopted by the following votes: YEAS: 5 NAYS: 0 ABSTAINED: 0 ABSENT: 0 CERTIFICATE I hereby certify that the foregoing is a true and exact copy of the resolution adopted at the board meeting held on August 23, 2011, at which meeting a quorum was present and voting. Sterlington, Louisiana, this 23rd day of August, 2011. Marilyn Dilmore, Town Clerk 9/15 ________________________________________________________ STATE OF LOUISIANA PARISH OF OUACHITA FOURTH JUDICIAL DISTRICT COURT BE IT KNOWN that on this 26th day of July, 2011, pursuant to an order of the Court dated July 11,2011 we the undersigned members of the Jury Commission in and for the said Parish and State, namely E.J. SIEVERS, SARAH CALHOUN ALBRITTON, SYDNEY CAMERON, PAMELA HIGGINS SAULSBERRY Duly and legally appointed and sworn to law, a quorum being present, assembled at the Clerk’s Office in the Courthouse, at Monroe, Louisiana, together with W.J. Bill Hodge, Clerk of Court and a member of said Commission, and did then and there perform the duties prescribed by law in the following manner to-wit: The Court ordered the drawing of 175 jurors to serve as Petit Jurors for the term of Court beginning Monday, September 26, 2011; The names having been drawn by a Computer indiscriminately and by lot as provided for by C.Cr.P.Art.416.1, are as follows: Aaron, Kami Rae; 596 Hwy 557 West Monroe Adams, Dorothy Smith, 1912 N 7th St #11 West Monroe Arrant, Gerald G; 186 Northwood Dr West Monroe Bagwell, Marion D; 104 Susan Dr West Monroe Baker, Stephanie T; 1201 University Ave Monroe Barr, William G Jr; 151 Barr Ln West Monroe Beck, Julie Louann; 995 Hwy 139 Monroe Beebe, Traci Danielle; 105 Ellen Dr West Monroe Bellas, Sadie Michelle; 301 E Lafayette Dr West Monroe Bernard, Kathryn Jill; 336 Woodale Dr #3 Monroe Besant, Earl; 118 La Verde St West Monroe Black, Charles Cecil; P O Box 752 West Monroe Blackman, April Lachae; 102 Libby Dr Monroe Bohanna, Roshena Lusalie; 33 Lock Dr #B Monroe Bolin, Heather Branwen; 183 Mill Bayou Rd Monroe Booth, Sharon R; 2715 Bayou Ln Monroe Booth, Tina A; 2524 N 11th St West Monroe Boyd, Prentiss Trey; 231 Boll Weevil Blvd Monroe Brantley, Bobby R; 314 Old D'Arbonne Rd West Monroe Breitenbach, Adam J; 2061 Hwy 557 West Monroe Brooks, Brandi Michelle; 769 Forest Home Rd Monroe Brown, Jason Odis; 1375 Brownlee Rd Calhoun Brown, Katina Dale; 121 Hardwood Dr West Monroe Brown, Melba Claire; 2016 Lexington Ave Monroe Brown, Roderick Tremaine; 2411 Ticheli Rd Monroe Brown, Roy Scott; 113 Belle Meade Dr Monroe Butitta, Pete J; 506 Arkansas Ave Monroe Buxton, Morgan Lowe; 751 Red Cut Loop Rd West Monroe Caldwell, Carla Renea; 4205 Elm St #30 Monroe Carroll, Tracie Shopher; 140 Leta Ln West Monroe Carter, Letangya Woods; 4227 Booker St Monroe Chandler, Frances Kay; 1468 Frenchman's Bend Rd Monroe Chisley, Pamela Byrd; 80 Holiday Dr Monroe Coates, E D Jr; 2223 Pargoud Blvd Monroe Collier, Rosella G; 110 Regency Pl #g114 West Monroe Collins, Fairy H; 504 S 4th St Monroe Collins, Walter L; 1203 Walton Ln Monroe Colvin, Danielle Storey; 104 Puma Dr West Monroe Colvin, Willandra Lanancy; 2611 Lee Ave Monroe Cooke, Kristin Michelle; 5643 Hwy 34 Eros Cottrell, Richard Vernon; 502 Orleans St Monroe Crane; Edith Mae; 3612 Cooper St Monroe Cumberland, Kimberly Ann; 616 Washington St #20 West Monroe Dark, William E; 109 Landreaux Dr West Monroe Delrio, Shandy L; 205 Dick Tracy Dr West Monroe Dent, Mark W; 1808 Spencer Ave Monroe Deville, Georgia L; P O Box 1039 Sterlington Diel, Kurt Arthur; 211 Donovan Cir Monroe Diggs, Barbara Jean; 3603 Lee Ave Monroe Dixon, Melissa Berry; 1091 Slocum Rd Calhoun Donald, Clifton J; 907 Cheniere Drew Rd West Monroe Douglas, Jessica Shanta; 1101 Richwood Rd 2 #31 Monroe Dunn, Mia LyCheryle; 44 Langford Dr Monroe Dycus, Kathy Johnson; 206 Walton St Monroe Elkins, Frank III; P O Box 4508 Monroe Felton. Joyce Denise; 218 S Riverfront St West Monroe Feltri, Gaetano Tony; 2200 Highland St Monroe Fleming, Glenda Deshelle; 1655 Richwood Road 1 Monroe Ford, Bernard; 100 Rowan Cir #31 Monroe Franks, Barry Clayton; 122 Wolf Lair Dr West Monroe Freeman, Michael Joseph; 319 Sylvan Lakes Dr West Monroe Fuller, Edith K; 1016 Ridge Ave West Monroe Funderburg, Judith B; 2113 Spencer Ave Monroe Galloway, John Henry; 5129 Highland Rd Monroe George, Keith D; 374 Mountain Rd West Monroe Gooden, Ronald L; 312 1/2 Tennessee St Monroe Gray, Maynor Donnell; 4206 Beale St Monroe Guillot, Jacqueline A 1519 Frenchman's Bend Rd Monroe Guinn, Alison Doughty; 114 Fox Run West Monroe Guy, Joseph Christopher; 2809 Arkansas Rd #68 West Monroe Haddad, Freddie Anthony; 105 Pecan Bayou Dr Monroe Hall, Curt D; 507 Church St #A West Monroe Hancock; Kenneth J; 3604 Vondell Cir Monroe Harrell, Christopher Michael; 1024 Cheniere Drew Rd #4 West Monroe Harris, Latorya Curtrice; 305 Vegas Dr Monroe Harter, Herschel Richard; 4202 Deborah Dr Monroe Hatten, Donna Copeland; 218 Regina Dr West Monroe Henderson, Bonnie J; 101 Jackie Dr West Monroe Henderson, Delores F; 113 Filmore Dr Monroe Henderson, Lashea Danielle; 3551 Hwy 34 West Monroe Herrington, Deborah M; 207 Bayside Dr West Monroe Hertzog, Norris D; 418 Somerset Dr Monroe Hogard, Priscilla P; 146 Kings Ln West Monroe Hopkins, Mary Oswalt; 3262 Deborah Dr Monroe Houston, Carmen T; 505 Bancroft Blvd West Monroe Hudson, Debra Jo; 1208 Ouachita Ave Monroe Hutson, Curtis Eugene Sr; 101 Sherwood Dr West Monroe Ivey, Kenneth D; 275 McGee Rd West Monroe Jackson, Sandra Fay; 131 Arlington Dr Monroe Jenkins, Rocky Laroy; 521 Oregon Trl Monroe Jenson, Reiko Rashad; 1501 Mississippi St Monroe Johnson, Adonis Casals; 355 Prairie Rd Monroe Johnson, Crystal Lynn; 150 Rodman Ln West Monroe Johnson, Jewel W; 2601 May St Monroe Johnson, Marlene Shirey; 256 Jack Bonnett Rd Eros Johnston, Paul C; 128 Caldwell Rd West Monroe Joiner, Virgie Lively; 100 Rosewood St West Monroe Jones, Olivia Janell; P O Box 841 Sterlington Jones, Terry Neal; 844 Guthrie Rd Sterlington Kamerman, Carroll Sue; 3357 Hwy 139 Monroe Kedley, Anthony; 1021 Alabama St Monroe Kendrick, Russell Cory; 306 Briarcliff Dr West Monroe Kimball, Gary Ryan; 601 Park Ave #B4 Monroe Kyzar, James William; 2110 Hwy 546 West Monroe Lee, Tina B; 2710 Stokes St Monroe Lemoine, John B; 108 Bayside Cir West Monroe Lenard, Darlene Murphy; 120 Newell Johnston Rd West Monroe Lewis, Baron; 429 Birchwood Dr Monroe Lewis, Bessie Johnson; 1009 S 9th St Monroe Lewis, Shelia Lunna; 111 Arthur Cir Monroe Loveland, Elizabeth A; 110 Navajo Trl West Monroe Lowery, Bryan Daniel; 251 Ed Fuller Rd Eros Lowrey, Bessie E; 162 Royal St Monroe Lunsford, Samatha McGough; 210 Gilbert Dr West Monroe Mailhes, Dean S; 1609 Stubbs Ave Monroe Marshall, Gustella; 3718 Barlow St Monroe Mathews, April Faith; 108 Chestnut Terrace #5 West Monroe May, Kurt Arno, 2083 Brownlee Rd Calhoun McCally, Sharon Parson; 205 Plum St Monroe McMellon, Betty A; 200 Claiborne Creek Dr #2206 West Monroe McMillian, Travis B; 813 S 8th St Monroe McPherson, James Ross; 3403 Woodstock Rd Gloucester, VA 23061-3034 Meador, Lance R; 407 E Puckett Lake Rd West Monroe Mercer, John Whitney Jr; 2202 Redwood Dr Monroe Mercy, Kyira Annette; 1703 Dilling St Monroe Milam, James D Jr; 112 Steeplechase Cir West Monroe Moore, Robin Michelle; 2720 Bayou Ln Monroe Morrow, Kamitra Sanyell; 1701 McKeen Pl #96 Monroe Murphy, Bonnie F; 1581 Hwy 557 West Monroe Napoleon, Marilynn Crow; 1994 Joe G Dr Monroe Nelson, Todd T; 103 Towering Oaks Dr West Monroe Norman, Geraldine M; 103 Wilkins Dr #A Monroe Page, Phortya Latrese; 1001 McKeen Pl #205 Monroe Parker, Halie Renee; 166 Turtledove Dr Monroe Paxton, Justin B, 527 Woodhaven Dr Monroe Perkins, Laura Elizabeth; 2120 Old Sterlington Rd #14 Sterlington Poss, Angela Nicole; 107 Westchase Dr West Monroe Pullin, Bryan Keith; 310 Monarch Dr Monroe Rials, Erin Denae; 184 Kent Smith Rd Calhoun Rice, Rusty Dale; 135 Sant Ln Eros Robinson, Irene; 512 Phillips St West Monroe Roy, Uzma Shakir; 2100 Island Dr Monroe Roye, Gloria S; 203 Lake Village Dr West Monroe Sanchez, Christina Danielle; 106 Oakland St West Monroe Sartor, Cayce Seale; 1497 Frenchman's Bend Rd Monroe Savage, Michael B; 811 Rochelle Ave Monroe Scurria, Andrew Thomas; 1511 Filhiol Ave Monroe Sannon, Jerry Wayne; 3750 Old Sterlington Rd Monroe Simmons, Joe H; 301 Country Club Rd Monroe Smith, Ansel Harris; 3304 Monteigne Pl Monroe Smith, Connie Hammontree; P O Box 668 Calhoun Smith, John R; 3007 N 12 St West Monroe Spillers, Jackie D; 208 Horne Ln #2 West Monroe Spruell, Jane B; 2460 Arkansas Rd West Monroe Stanford, Hannah King; 1146 Ben Wink Rd West Monroe Summitt, Frances Anne; 178 Dallas Dr #5 Monroe Tarver, Brenda Miles; 215 Frenchman's Bend Pl Monroe Taylor, Gary W; 2606 Chatwood Dr Monroe Thames, George Edward Jr; 297 Kingfisher Ln Sterlington Thomas, Jessie Danielle; 783 Jack Bonnett Rd Eros Townsend, Brenda S; 120 Arlington Dr West Monroe Travis, Peggy Ann; 501 S Grand St #301 Monroe Tubb, David W; 305 Avie Ln West Monroe Tucker, Candace Marie; 2337 Hwy 139 #16 Monroe Verdick; Allen Dale; 211 Lakewood Dr West Monroe Walker, Mary Ann; 107 Longwood Dr Monroe Waller, Delois McCaa; 112 Spring Hill Rd Monroe Ward, John Riley; 3600 Hwy 165 S Monroe Ward, Joseph Ray; 115 Stacy Blvd #B Monroe Warren, James D; 219 Rebecca Dr West Monroe Washington, Laricia Andraniec; 119 Garden Park Dr Monroe Washington, Sharmadena Dyrosh; 16 Audubon Dr Monroe Watkins, Connie B; 2007 Hicks St West Monroe Watson, Alisicia Ann; 907 S 7th St Monroe White, Eileen V; 117 Ada St West Monroe White, Gregory Coyce; 1707 N 6th St Monroe Williams, Georgia Ann; 274 Pace Rd West Monroe Williams, Margaret P; 66 Marble St #B Monroe The slips containing the names of persons listed were then placed in a separate envelope, which was then sealed and the words JURY NUMBER TWO written thereon and placed in said box labeled “JURY BOX”. The Jury Box and General Venire Box were then locked and sealed and delivered to the custody of the Clerk of said Court, subject to the orders of Court. In testimony all of which we hereunto subscribe our names on this the 26TH day of JULY, 2011, at Monroe, Louisiana. E.J. SIEVERS, SARAH CALHOUN ALBRITTON, SYDNEY CAMERON, PAMELA HIGGINS SAULSBERRY I, W.J. Bill Hodge, Clerk of Court, hereby certify that all of the members of the Jury Commission were duly summoned to attend this meeting as will appear from the Sheriff’s returns on said summons, as on file in my office. W.J. Bill Hodge, Clerk of Court 9/15 ________________________________________________________ NOTICE West Ouachita Sewerage District No. 5 Board of Commissioners Meeting at 11:00 AM on September 12, 2011 At 327 Wallace Road, West Monroe, LA 71291 Present: Fred Hall, President Ralph Owens, Vice President Don Leach, Secretary Treasurer Others Present: Terry Cox, Manager; Francis Huffman, CPA; Jerry Lazenby, P.E. & P.L.S.; Joshua Hays, P.E. and Jerry Osborne, Attorney President Hall opened the meeting with a discussion of the proposed project to replace a major portion of the Lift Station “N” Force Main and to sell Sewer Revenue Bonds to the Louisiana Department of Environmental Quality to help finance the cost of this proposed project. The following General Bond Resolution and the First Supplemental Bond Resolution were adopted as follows by the Board of Commissioners: *** The following resolution was offered by Commissioner Leach and seconded by Commissioner Owens. GENERAL BOND RESOLUTION A General Bond Resolution authorizing the issuance from time to time of Sewer Revenue Bonds of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana; prescribing the form, and certain terms and conditions of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith. WHEREAS, West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana (the "District") now owns and operates a sewerage system (the "System") as a revenue producing public utility; and WHEREAS, the District currently has no outstanding notes, bonds or other obligations payable from a pledge and dedication of the income and revenues of the System; and WHEREAS, it is now the desire of this District to adopt this resolution in order to provide for the issuance from time to time, and in one or more series, of revenue bonds of the District (the "Bonds"), for the purpose of providing for constructing and acquiring improvements and extensions to the System, for refunding bonds and/or for providing for a reserve and paying the costs of issuance thereof; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, acting as the governing authority of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, that: ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.01. Definitions. The following terms used in this General Bond Resolution shall have the following meanings, unless the context clearly requires otherwise: "Bonds" means any bonds authorized by this General Bond Resolution and by a Series Resolution. "Bond Register" means the records kept by the Paying Agent 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 Payment Date. "Capital Appreciation Bonds" shall mean Bonds which pay interest only at maturity or redemption. "Code" means the Internal Revenue Code of 1986, as the same may be amended and supplemented from time to time, including any regulations promulgated thereunder or any administrative or judicial interpretations thereof. "Costs of the Project" means, with reference to any Project, all capital costs incurred or to be incurred for such Project, including but not limited to (a) engineering, financing, legal and other fees and expenses related to the issuance of such series of the Bonds, (b) acquisition and construction costs of the Project, (c) interest on the Bonds during construction, and (d) a reasonable allowance for contingencies, all to the extent permitted by the Act and any rules or regulations promulgated thereunder. "Credit Enhancement" shall mean any letter of credit, insurance policy, surety bond, standby bond purchase agreement or similar facility as used in connection with a series of the Bonds. "Defeasance Obligations" means cash and/or Government Securities. "Delivery Date" means the date on which any series of the Bonds are delivered to the purchaser thereof. "Department" means the Louisiana Department of Environmental Quality, an executive department and agency of the State, and any successor to the duties and functions thereof with respect to loans from the Clean Water State Revolving Loan Fund. "District" has the meaning set forth in the preambles hereto. "Executive Officers" means, collectively, the Chairman and the Secretary-Treasurer of the Governing Authority. "Fiscal Year" means the District's one-year accounting period beginning on September 1 of each year or any other annual accounting period as may be determined by the Governing Authority as the fiscal year of the District. "Fixed Rate Bonds" means any series of Bonds issued with a fixed rate or rates or interest for the entire term thereof. "General Bond Resolution" means this General Bond Resolution. "Governing Authority" means the Board of Supervisors of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, or its successor in function. "Government Securities" means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to their maturity, may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. "Interest Payment Date" means each date on which interest on any series of the Bonds is payable, as shall be set forth in the applicable Series Resolution, which dates shall occur semi-annually unless otherwise required by the purchaser of any series of the Bonds. "Loan Agreement" means a Loan and Pledge Agreement to be entered into by and between the Department and the District, prior to the delivery of any Bonds that are purchased by the Department, which will contain certain additional agreements relating to such Bonds and any other series of Bonds purchased from the Clean Water State Revolving Fund and with respect to the Project as it may be supplemented, modified or amended from time to time in accordance with the terms thereof. "Net Revenues" means for the period in question the Revenues of the District, determined in accordance with then generally accepted accounting principles, including all revenue derived from user fees or service fees and other income received from the operation of the System, after the payment of all reasonable and necessary expenses of operation and maintenance of the System as are not provided for from other lawfully available sources, except that there shall be excluded from the calculation of Net Revenues the following: (a) Gains on the sale or other disposition of investments or fixed or capital assets, which do not result from the ordinary course of business; (b) Investment income that is restricted to a purpose inconsistent with the payment of operating expenses or debt service, including (whether or not so restricted) interest earned on any construction fund or construction account created with the proceeds of borrowing by the District; (c) Any amounts received by way of government grants; and (d) Any capital outlay moneys received from the State; Furthermore, there shall be added back to net income for purposes of calculating Net Revenues hereunder the following: (e) Losses on the sale or other disposition of investments or capital assets which do not result from the ordinary course of business; (f) Depreciation and amortization allowances; (g) Amounts paid as principal or interest on any of the Bonds; (h) Amounts received by the District as a "Build America Bond" reimbursement, subsidy or similar payment with respect to any of the Bonds; (i) Interest earnings on any of the funds described in Section 5.01. "Outstanding" when used with respect to the Bonds, as of the date of determination, means all Bonds theretofore issued and delivered under the Resolution except: (a) Bonds that have been cancelled or delivered to the Paying Agent for cancellation; (b) Bonds that have been defeased in accordance Section 11.01 hereof; (c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to the Resolution; or (d) Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in the Resolution or by law. "Owner" or "Owners" when used with respect to any Bond, means the Person in whose name such Bond is registered in the Bond Register. "Paying Agent" means the person or organization designated as such in a Series Resolution. "Parity Obligations" means any additional pari passu indebtedness issued by the District and payable from the Net Revenues in accordance with Section 6.01 hereof. "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 Payment Date" means each date on which principal on any series of the Bonds is payable, as shall be set forth in the applicable Series Resolution, which dates shall occur annually unless otherwise required by the purchaser of any series of the Bonds. "Project" means the extensions and improvements to the System being financed by the sale of a series of the Bonds. "Reserve Fund Requirement" means with respect to any issue of Bonds the sum set forth in the applicable Series Resolution. "Resolution" means this General Bond Resolution authorizing the issuance of the Bonds, as hereafter amended or supplemented by Series Resolutions or in accordance with Article IX hereof. "Revenues" means all income and revenues to be derived by the District from the operation of the System, including earnings on investments in the funds and accounts described in Section 5.01 hereof, but not including any insurance or condemnation proceeds, or proceeds from the sale or other disposition of any part of the System, and including any Build America Bond or similar interest reimbursement from the federal government. "Series Resolution" means a resolution adopted by the Governing Authority in accordance with Section 2.04 authorizing the issuance and sale of any additional series of the Bonds. "State" means the State of Louisiana. "System" means the District's facilities that are used for the purpose of collecting, treating, storing, holding, transporting and disposing of sewage and wastewater, as said systems now exist and as it may be hereafter improved, extended or supplemented from any source whatsoever while the Bonds herein authorized remains outstanding, including specifically all properties of every nature owned, leased or operated by the District and used or useful in the operation of the system, and including real estate, personal and intangible properties, contracts, franchises, leases and chooses in action, whether lying within or without the boundaries of the District. "User Fees" means charges or fees levied on users of the System for the cost of operation, maintenance and replacement of the System, for the repayment of debt incurred with respect to the System and for such other purposes as may be determined by the Governing Authority from time to time. "Variable Rate Bonds" means any series of Bonds issued with a variable, adjustable, convertible or other similar rate or rates which are not fixed for the entire term thereof. SECTION 1.02. Rules of Interpretation. Unless the context clearly indicates to the contrary, the following rules shall apply to the interpretation and construction of this General Bond Resolution: (a) words importing the singular number shall include the plural number and vice versa; (b) all references to particular articles or sections herein are references to articles or sections of this General Bond Resolution; (c) the captions and headings herein are solely for convenience of reference and shall not constitute a part of this General Bond Resolution, nor shall they affect its meaning, construction or effect; (d) the terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms as used in this General Bond Resolution refer to this General Bond Resolution in its entirety and not the particular article or section of this General Bond Resolution in which they appear; and (e) the term "hereafter" means after the date of execution of this General Bond Resolution and the term "heretofore" means before the date of the execution of this General Bond Resolution. In the event that any provisions of this General Bond Resolution conflict with any provision of the Loan Agreement, then with respect to any series of the Bonds which are owned by the Department the provisions of the Loan Agreement shall control. ARTICLE II AUTHORIZATION, ISSUANCE AND SALE OF BONDS SECTION 2.01. Authorization and Issuance of Bonds. This General Bond Resolution authorizes the issuance of indebtedness of the District to be designated "Sewer Revenue Bonds (or Sewer Revenue Refunding Bonds, as the case may be) of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana," and provides for the full and final payment of the principal or prepayment price of and interest thereof. The Bonds shall be issued for the purpose of financing the costs of constructing and acquiring improvements and extensions to the System or any portion thereof, and/or for the purpose of refunding any obligations issued for the same purposes. Proceeds of the Bonds may also be used to pay costs of issuance, costs of credit enhancement, capitalized interest and any initial deposit to the Reserve Fund. SECTION 2.02. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Bonds by those who shall own the same from time to time, the provisions of the Resolution shall be a part of the contract of the District with the Owners and shall be deemed to be and shall constitute a contract between the District and the Owners from time to time of the Bonds. SECTION 2.03. Obligation of Bonds. All of the Bonds, regardless of the date of issue, shall enjoy complete parity of lien on the Net Revenues despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. Subject to the foregoing, the Net Revenues are irrevocably and irrepealably pledged in an amount sufficient for the payment of the Bonds in principal and interest as they shall respectively become due and payable, and for the other purposes hereinafter set forth herein. The Revenues shall be set aside in the funds and accounts described in Section 5.01 and shall be and remain so pledged for the security and payment of the Bonds in principal and interest, and for all other payments provided in this General Bond Resolution, until all of the Bonds shall be fully paid and discharged. SECTION 2.04. Series Resolutions. The details of each series of the Bonds shall be set forth in a Series Resolution to be adopted by the Governing Authority. Each Series Resolution shall provide the following with respect to the applicable series of the Bonds: (a) the purposes, dated date, series designation and principal amount and the statutory authority under which such series is being issued; (b) whether such series will be Capital Appreciation Bonds, Fixed Rate Bonds or Variable Rate Bonds, and a description of the applicable interest rate or rates and the first Interest Payment Date; (c) designation of such series as "Build America Bonds" or other similar designations as may be applicable; (d) the schedule of principal maturities or installments, or a formula for establishing same, and if such series will be Capital Appreciation Bonds a table of accreted values; (e) the manner of payment of principal and interest; (f) the optional and/or mandatory redemption provisions; (g) the form or forms of bonds; (h) the designation of the Paying Agent, which may be the Secretary-Treasurer of the Governing Authority; (i) the terms of sale to the purchaser thereof; (j) the Reserve Fund Requirement and the amount, if any, of proceeds to be deposited into the account in the Reserve Fund, and any changes in amounts to be deposited to or maintained in the Contingencies Fund established in Section 5.01(d); (k) if the series is issued to refund any outstanding obligations, a description of the plan of refunding and approval of any matters necessary or convenient to effect such refunding including the designation of an escrow agent and approval of an escrow deposit agreement, if necessary; (l) except for the first series issued hereunder, a finding by this Governing Authority that the parity requirements of Section 6.01 will have been met with respect to such series, and a proposed form of parity certifications to be delivered on the Delivery Date of the series; (m) authorization of the Executive Officers and/or such other persons as may be so designated to execute documents in connection with such series; (n) the designation of such series as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code, if applicable; (o) provisions for any continuing disclosure agreement as may be required by Rule 15c2-12(b) of the Securities and Exchange Commission [17 CFR §240.15c2-12(b)]; (p) provisions for obtaining the approval of the State Bond Commission for the issuance of such bonds and covenants with respect to compliance with applicable rules and regulations of the State Bond Commission; (q) if such series is being sold to the Department and is subject to a Loan Agreement, the designation of the "Scheduled Completion Date" for such series and any required amendments to the Loan Agreement; (r) provisions with respect to any Credit Enhancement; and (s) any other additional provisions as may be necessary in connection with the issuance and sale of such series. SECTION 2.05. Paying Agent. The District will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds and as provided in Section 2.04(h) above will designate the Paying Agent for each series in the applicable Series Resolution. The District reserves the right to appoint a successor Paying Agent by (a) filing with the person then performing such function a certified copy of appropriate proceedings appointing a successor and (b) causing notice to be given to each Owner. Every successor 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. SECTION 2.06. Execution. The Bonds shall be executed in the name and on behalf of the District by the manual or facsimile signatures of the Executive Officers, and the corporate seal of the District (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise reproduced thereon. If facsimile signatures are used, then such signatures shall have been registered with the Louisiana Secretary of State in the manner required by La. R.S. 39:244. SECTION 2.07. Regularity of Proceedings. The District, having investigated the regularity of the proceedings had in connection with the issuance of the Bonds, and having determined the same to be regular, each of 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." ARTICLE III PREPAYMENT OF BONDS SECTION 3.01. Optional Prepayment of Bonds. The principal installments of the Bonds may be subject to prepayment by the District in the manner set forth in the applicable Series Resolution, pursuant to Section 2.04(f) above. SECTION 3.02. Notice of Prepayment. Official notice of such call of any of the Bonds for prepayment shall be given by means of first class mail, postage prepaid by notice deposited in the United States Mail not less than thirty (30) days prior to the prepayment date addressed to the Owner of each Bond to be prepaid at his address as shown on the registration records of the Paying Agent, which notice may be waived by any Owner. In the event a portion of the Bonds is to be prepaid, such Bonds shall be surrendered to the Paying Agent, who shall note the date and amount of such prepayment in the space provided therefor on the Bonds. ARTICLE IV APPLICATION OF BOND PROCEEDS SECTION 4.01. Issuance of Bonds; Application of Proceeds. All of the proceeds derived from the sale of each series of the Bonds, except for any proceeds as may be designated in a Series Resolution (a) for deposit into the Reserve Fund, (b) as accrued interest into the Debt Service Fund, (c) for the payment of issuance costs, (d) to be set aside as capitalized interest or for working capital or (e) as may be required in connection with the refunding of any indebtedness, shall be deposited by the District in a construction fund to be established for such series of the Bonds (the "Construction Fund"). The funds in the Construction Fund shall be used solely for the purpose of paying Costs of the Project. However, in the case of refunding bonds, the proceeds to be used for refunding shall be applied to the immediate prepayment of the refunded obligations, or deposited into an escrow fund, as may be set forth in a Series Resolution. Any accrued interest or premium received upon the sale of the Bonds shall be deposited in the debt service fund described in Section 5.01(b) hereof. SECTION 4.02. Investment of Construction Fund. Moneys in the Construction Fund may be temporarily invested in the manner provided by Louisiana law. Said moneys shall be sacred funds and the Owners shall have a lien thereon until said funds are paid out as provided in the Loan Agreement and this General Bond Resolution. Any investment earnings on moneys in the Construction Fund may be retained in the Construction Fund and applied for the purposes described in this Section, or may be transferred to the Debt Service Fund described in Section 5.01(b) hereof and applied to the payment of interest accruing on the Bonds during the period of construction of Project. All moneys in the Construction Fund shall at all times be secured to the full extent thereof by the banks or trust companies holding such funds by direct obligations of the United States of America or the State of Louisiana having a market value not less than the amount of moneys then on deposit in said funds. ARTICLE V PAYMENT OF BONDS; FLOW OF FUNDS SECTION 5.01. Funds and Accounts. All of income and revenues earned or derived from the operation of the System shall be deposited daily as the same may be collected in the District's "Sewer Revenue Fund" (the "Revenue Fund"). Funds in the Revenue Fund shall be expended in the following order of priority and for the following express purposes: (a) The payment of all reasonable and necessary expenses of operation and maintenance of the System as are not provided for from other lawfully available sources. (b) The establishment and maintenance of a "Sewer Revenue Bond Debt Service Fund" (the "Debt Service Fund"), sufficient in amount to pay promptly and fully the principal of and the interest on the Bonds, as they severally become due and payable, by transferring from funds in the Revenue Fund, after making the payments required by (a) above, to the Debt Service Fund monthly on or before the 20th day of each month of each year, at least a sum equal to 1/6th of the interest and Administrative Fee, if any, falling due on the Bonds on the next Interest Payment Date and at least a sum equal to 1/12th of the principal falling due on the Bonds on any Principal Payment Date that occurs within the next ensuing twelve months, together with such additional proportionate monthly sum as may be required to pay said principal, interest and Administrative Fee as the same become due. The District shall transfer from said Debt Service Fund to the paying agent(s) for all Bonds payable from the Debt Service Fund, or directly to the Owners, not less than three days prior to each Interest Payment Date, funds fully sufficient to pay promptly the principal, interest and Administrative Fee of the Bonds falling due on such date. (c) The establishment and maintenance of a "Sewer Revenue Bond Debt Service Reserve Fund" (the "Reserve Fund"), containing separate accounts for each series of the Bonds, each such account to be designated (as set forth in a Series Resolution) as the "Series (insert series designation) Account," the money in the accounts of Reserve Fund to be retained solely for the purpose of paying the principal of and interest on the respective series of the bonds payable from the Debt Service Fund as to which there would otherwise be default, by transferring from the proceeds of such series or from the Revenue Fund (after making all required payments from said fund as hereinabove described), monthly or annually, such amounts as will increase the total amount on deposit in each account in the Reserve Fund within a period not exceeding five (5) years from the Delivery Date to a sum equal to the Reserve Fund Requirement for the applicable series of the Bonds. (d) The establishment and maintenance of the "Depreciation and Contingency Fund" (the "Contingencies Fund"), to care for extensions, additions, improvements, renewals and replacements necessary to properly operate the System, by transferring from funds in the Revenue Fund after making the payments required by (a), (b) and (c) above to the Contingencies Fund monthly on or before the 20th day of each month of each year, a sum equal to five percent (5%) of the Net Revenues for the preceding month, provided that such sum is available after provision is made for the payments required under paragraphs (a), (b) and (c) above. Such payments into the Contingencies Fund shall continue until such time as there has been accumulated in the Contingencies Fund the sum of Five Hundred Thousand Dollars ($500,000), whereupon such payments may cease and need be resumed thereafter only if the total amount of money on deposit in said fund is reduced below the sum of Five Hundred Thousand Dollars ($500,000), in which event such payments shall be resumed and continue until said maximum amount is again accumulated. In addition to caring for extensions, additions, improvements, renewals and replacements necessary to properly operate the System, the money in the Contingencies Fund may also be used to pay the principal of and the interest on the Bonds for the payment of which there is not sufficient money in the Debt Service Fund and Reserve Fund described in paragraphs (b) and (c) above, but the money in said Contingencies Fund shall never be used for the making of improvements and extensions to the System or for payment of principal or interest on Bonds if the use of said money will leave in said Contingencies Fund for the making of emergency repairs or replacements less than the sum of Seventy-Five Thousand Dollars ($75,000). (e) Any money remaining in the Revenue Fund after making the above-required payments may be used by the District for the purpose of calling and/or purchasing and paying any bonds payable from the Revenues, or for such other lawful corporate purposes as the Governing Authority may determine. SECTION 5.02. Reserve Fund Surety Bond or Policy Allowed. In lieu of the required transfers or deposits to the any account in the Reserve Fund, the District may cause to be deposited into any account in the Reserve Fund a surety bond or an insurance policy for the benefit of the holders of the applicable series of the Bonds or a letter of credit in an amount equal to the difference between the Reserve Fund Requirement and the sums then on deposit in the applicable account in the Reserve Fund, if any, after the deposit of such surety bond, insurance policy or letter or credit. Such difference may be withdrawn by the District and be deposited in the Revenue Fund. The surety bond, insurance policy or letter of credit shall be payable (upon the giving of notice as required thereunder) on any due date on which monies will be required to be withdrawn from the account in the Reserve Fund and applied to the payment of principal, premium, if any, or interest on the related series of the Bonds and such withdrawal cannot be met by amounts on deposit in such account in the Reserve Fund. If a disbursement is made pursuant to a surety bond, an insurance policy or a letter of credit provided pursuant to this section, the District shall be obligated either (i) to reinstate the maximum limits of such surety bond, insurance policy or letter of credit or (ii) to deposit into the applicable account in the Reserve Fund, funds in the amount of the disbursement made under such surety bond, insurance policy or letter of credit, or a combination of such alternatives, as shall provide that the amount in the applicable account in the Reserve Fund equals the Reserve Fund Requirement for that series of the Bonds. SECTION 5.03. Replenishment of Funds. If at any time it shall be necessary to use moneys in any account of the Reserve Fund or the Contingencies Fund for the purpose of paying principal of or interest on Bonds payable from the Debt Service Fund as to which there would otherwise be default, then the moneys so used shall be replaced from the revenues first thereafter received, not hereinabove required to be used for the purposes described in (a) and (b) above. If at any time there are sufficient moneys on deposit in the Debt Service Fund, Reserve Fund and Contingencies Fund to retire all outstanding Bonds payable from the Debt Service Fund by defeasance, by exercising the prepayment option provided by such Bonds or by purchase on the open market, the District may utilize such funds for such purpose. SECTION 5.04. Notification of Deficiencies. As required by La. R.S. 39:1410.62 the District will notify the State Bond Commission, in writing, whenever (i) transfers to any fund required to be established by this General Bond Resolution or any Resolution authorizing the issuance of indebtedness of the District have not been made timely or (ii) principal, interest, premiums, or other payments due on the District Bonds or any other outstanding indebtedness of the District have not been made timely. SECTION 5.05. Investment of Funds. All or any part of the moneys in the foregoing funds and accounts shall, at the written request of the District, be invested in accordance with the provisions of the laws of the State of Louisiana, except that moneys in any account in the Reserve Fund, if any, must be invested in Government Securities maturing in five (5) years or less from the date of investment. All income derived from such investments shall be added to the money in said respective funds or to the Revenue Fund and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purpose for which the respective funds are herein created. For the purpose of determining if the required amount is being maintained in any of the funds, such investment securities shall be valued at least annually at the lesser of amortized cost (exclusive of accrued interest) or fair market value. SECTION 5.06. Deposit of Funds and Security Therefor. All of the income and revenues to be earned from the operation of the System shall be deposited daily as provided in Section 5.01 hereof in the Revenue Fund, which Fund shall be maintained separate and apart from all other funds of the District. The Debt Service Fund, the Reserve Fund and the Contingencies Fund shall be held by the depository banks as special trust funds for the purposes provided in this General Bond Resolution, and all other funds shall be held by the designated banks as special deposits for the purposes set forth in this General Bond Resolution, and subject to such reasonable instructions as the Governing Authority may give in writing to the banks holding such funds. The Owners are hereby granted a lien on all funds established pursuant to the requirements of this General Bond Resolution until applied in the manner herein provided, provided that the Owners will only have a lien or claim against the account in the Reserve Fund that pertains to the issue of the Bonds that such Owners own. The moneys on deposit in all of the funds herein required shall at all times be secured to the full extent thereof by the banks or trust companies holding such funds by direct obligations of the United States of America or the State of Louisiana having a market value not less than the amount of moneys then on deposit in said funds. ARTICLE VI ISSUANCE OF PARITY OBLIGATIONS SECTION 6.01. Issuance of Parity Obligations; Parity Requirements. The District hereby covenants that after the issuance of the initial series of bonds hereunder, it shall issue no other bonds hereunder or otherwise, or obligations of any kind or nature payable from or enjoying a lien on any part of the Revenues having priority over or parity with any of the Bonds, except that Parity Obligations may be issued hereunder and hereafter if the following conditions are met: (a) If any outstanding bonds of the District are proposed to be refunded with reduced annual debt service in each Bond Year then the District may issue refunding bonds to effect such refunding, and such refunding bonds shall enjoy complete equality of lien with any portion of the Bonds that is still outstanding; or (b) Parity Obligations may also be issued if all of the following conditions are met: (i) the average Net Revenues of the System for the two (2) completed Fiscal Years immediately preceding the issuance of the Parity Obligations must have been not less than 120% of the average future fiscal year debt service requirements of the Bonds and any Parity Obligations theretofore issued and then outstanding and any other bonds or obligations whatsoever then outstanding which are payable from the Revenues (but not including Bonds which have been refunded or provisions otherwise made for their full and complete payment and prepayment), and the Parity Obligations so proposed to be issued; provided, however, that if Parity Obligations are being issued as Variable Rate Bonds, this calculation shall be made assuming interest on said bonds at historical levels of the applicable variable rate during the previous three (3) years as determined by a nationally recognized underwriter experienced in handling bonds with similar variable rates; and provided further that this limitation may be waived or modified by the written consent of the owners of any bonds then outstanding. If a rate increase has been effected prior to the issuance of the Parity Obligations, then the coverage calculations for the preceding two Fiscal Years immediately preceding the issuance of the Parity Obligations may be made as if such rate increase had been in effect during such period; or (ii) The payments required to be made into the various funds provided in Section 5.01 hereof must be current; (iii) The existence of the facts required by paragraphs (i) and (ii) above must be determined and certified to by the chief financial officer of the Governing Authority, or by an independent firm of certified public accountants who have previously audited the books of the District, or such successors thereof as may have been employed for that purpose; (iv) The proceeds of the Parity Obligations must be used solely for the making of improvements, extensions, renewals, replacements or repairs to the System or to refund any outstanding revenue bonds payable from a pledge of the Net Revenues issued for such purposes; and (v) The District must certify that all conditions prescribed in this Section have been met. ARTICLE VII RATES AND CHARGES; RATE COVENANT; COVENANTS AS TO THE OPERATION OF THE SYSTEM SECTION 7.01. Operation of the System. The District will maintain the System in good repair and operating condition and if any Bonds are owned by the Department the District will cooperate with the Department in the observance and performance of the respective duties, covenants, obligations and agreements of the District and the Department under any Loan Agreement. SECTION 7.02. Sewer Charges and Connections. To the extent permitted by law, the District shall take all action necessary to require every owner, tenant or occupant of each lot or parcel of land within the geographical boundaries of the District which abuts upon a street or other public way containing a sewer line and upon which lots or parcels of a building shall have been constructed for residential, commercial or industrial use, to connect said building with the System and to cease to use any other method for the disposal of wastewater which can be handled by the System. All such connections shall be made in accordance with the rules and regulations to be adopted from time to time by the District, which rules and regulations may provide for an inspection charge to assure the proper making of such connection. The District will not furnish or supply or cause to be furnished or supplied any use, capacity or service of the System free of charge to any person, firm, corporation (public or private), public agency or instrumentality. In addition to all other rights and remedies available to be used for the enforcement of sewer charges and for the compelling of the making of sewer connections as aforesaid, the District covenants that it shall exercise and enforce promptly and efficiently all rights given it under the laws of the State for the enforcement and collection of such charges. SECTION 7.03. Rate Covenant. The District will enact, maintain and enforce an ordinance or resolution imposing User Fees and will enact, maintain and enforce a sewerage use ordinance or resolution or similar proceeding that satisfies the requirements of all applicable regulations. So long as the Bonds are outstanding, the District through its Governing Authority obligates itself to fix, establish, maintain, levy and collect such rates, fees, rents or other charges for services and facilities of the System and all parts thereof and to revise the same from time to time whenever necessary to always provide Revenues in each Fiscal Year sufficient to meet all requirements of this General Bond Resolution and at least to pay: (a) the reasonable and necessary expenses of operating and maintaining the System in each Fiscal Year, (b) the principal and interest and Administrative Fee, if any, falling due during the Fiscal Year; (c) all other payments required for such Fiscal Year by the Resolution and the Loan Agreement; and (d) all other obligations or indebtedness payable out of the Revenues for such Fiscal Year, and which in any event will provide Net Revenues, including any Other District Moneys, in an amount equal to at least one hundred twenty percent (120%) of the required deposits in such Fiscal Year to the Debt Service Fund. Such rates, fees, rents or other charges shall not at any time be reduced so as to be insufficient to provide adequate Revenues for the foregoing purposes. For purposes of this Section 7.03, "Other District Moneys" means the avails of any ad valorem taxes approved by the voters for the purpose of operation, maintenance and development of the System, revenues from the investment of idle funds of the District, penalties, proceeds of the sale of obsolete and unusable properties or other payments to the District from any other source, other than revenues of the System. Notwithstanding the foregoing, at any time that the Department owns any of the Bonds, in making the calculations required in this Section 7.03, the District may take into account any Other District Moneys as defined in the preceding paragraph, provided that as required by LAC 33:IX.2111(L) the actual amount of User Fees must be sufficient to offset the costs of operation, maintenance, and replacement of equipment and debt repayment. SECTION 7.04. Annual Review of User Fees. At least annually the District shall review the adequacy of its User Fees to satisfy the requirements of Section 7.03 for the next succeeding Fiscal Year, in the manner provided by the Loan Agreement. SECTION 7.05. Enforcement of User Fees. Except as provided herein, nothing in this General Bond Resolution or in the Bonds shall be construed to prevent the District from altering, amending or repealing from time to time as may be necessary any ordinance or resolution setting up and establishing a schedule or schedules of User Fees, said alterations, amendments or repeals to be conditioned upon the continued preservation of the rights of the Owners with respect to the Revenues, not alone for the payment of the principal of and interest on the Bonds, but to give assurance and insure that the Revenues, together with such other lawfully available funds as are used by the District for such purposes, shall be sufficient at all times to meet and fulfill the other provisions stated and specified in Section 7.03 of this General Bond Resolution. The District agrees that all charges owed by any individual, partnership or corporation for services rendered by the System shall be billed as a separate item and collected and accounted for separately from any other utility services or charges provided by the District. Failure of any individual, partnership or corporation to pay said charges within fifteen (15) days of the date on which it is due shall cause such charge to become delinquent; the District further agrees that if such delinquent charge, with interest and penalties accrued thereon, is not paid within fifteen (15) days from the date on which it became delinquent, the District to the extent possible will shut off water services to the affected premises. The District further agrees that the District and the Governing Authority and its officials, agents and employees will do all things necessary and will take advantage of all remedies afforded by law to collect and enforce the prompt payment of all charges made for services rendered by the System. All delinquent charges for such services shall on the date of delinquency have added thereto a penalty in such amount as may be determined by the Governing Authority, and the amount so due, including any penalty charge, may, in the discretion of the Governing Authority, after thirty (30) days from the date of delinquency, bear interest at the rate of at least six per centum (6%) per annum. If services shall be discontinued as above provided, the customer shall, in addition to paying the delinquent charges, penalties and interest, if any, pay as a condition precedent to the resumption of service, a reconnection charge as determined by the Governing Authority. It is further understood and agreed that the schedule of User Fees being charged as of the date of the adoption of this General Bond Resolution for services and facilities rendered by the System shall remain in effect and neither said existing schedule nor any subsequent schedule shall be reduced at any time unless all payments required for all funds by this General Bond Resolution, including any deficiencies for prior payments, have been fully made, and unless such schedule as so reduced will in each year thereafter produce sufficient Revenues to meet and fulfill the other provisions stated and specified in Sections 5.01 and 7.03 hereof. SECTION 7.06. Right to Pledge Revenues; Rank of Lien. In providing for the issuance of the Bonds, the District does hereby covenant and warrant that it is lawfully seized and possessed of the System, that it has a legal right to pledge the Revenues therefrom as herein provided, that the Bonds will have a lien and privilege on said Revenues subject only to the prior payment from such Revenues or from other lawfully available sources of all reasonable and necessary costs and expenses of operation and maintenance of the System. SECTION 7.07. Records and Accounts; Audit Reports. The District will establish and maintain adequate financial records as required by the laws of the State governing financial record-keeping by political subdivisions and in accordance with generally accepted accounting principles ("GAAP") and will make these and the following records and reports available to the Owners or their authorized representatives upon request. The District will cause an audit of its financial statements to be made by an independent firm of certified public accountants in accordance with the requirements of Chapter 8 of Title 24 of the Louisiana Revised Statutes of 1950, as amended, and for so long as the Department owns the Bonds, or any part thereof, in accordance with the requirements of Circular A-133 of the U.S. Office of Management and Budget, and Section 66.458 of the Catalog of Federal Domestic Assistance (CFDA Publication #66.458 - Capitalization Grants for State Revolving Funds) if applicable. Upon completion, but in no event later than six (6) months after the close of the applicable Fiscal Year, the District shall file a copy of such audited financial statements with any Owner requesting same. In addition to whatever matters may be thought proper by the auditors to be included therein, the audited financial statements shall include the following: (a) a statement in detail of the income and expenditures of the System for such Fiscal Year, (b) a balance sheet of the System as of the end of such Fiscal Year; (c) the accountant's comments regarding the manner in which the District has carried out the requirements of the Resolution and the Loan Agreement and the accountant's recommendations for any changes or improvements in the operation of the System or the method of keeping the records relating thereto; (d) a list of the insurance policies in force at the end of the Fiscal Year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer and the expiration date of the policy; (e) the number of System users at the end of the Fiscal Year; (f) an analysis of additions, replacements and improvements to the physical properties of the System during the Fiscal Year; (g) an analysis of all funds created pursuant to the Resolution setting out as to each all deposits and disbursements made during the Fiscal Year; (h) a statement of all schedules of User Fees in effect during the Fiscal Year, the aggregate dollar billed for services rendered by the System during such Fiscal Year and the average monthly billing per user; and (i) a schedule of fixed assets, if not provided elsewhere in the audit report. A reasonable portion of the expenses incurred in the preparation of the audit report required by this Section may be regarded and paid as a maintenance and operation expense of the System. The District further agrees that if the Department owns any of the Bonds, the Department shall have the right to ask for and discuss with the accountant making the review and the contents of the review and such additional information as it may reasonably require. The District further agrees that if the Department owns any of the Bonds, the District will furnish to the Department, upon request therefor, a monthly statement itemized to show the income and expenses of the operation of the System and the number of users for the preceding month. SECTION 7.08. Limitations on Sale, Lease or Other Disposition of Property. So long as any of the Bonds are outstanding in principal and interest, the District shall be bound and obligated not to sell, lease, encumber, or in any manner dispose of the System or any substantial part thereof; provided, however, that this covenant shall not be construed to prevent the disposal by the District of property which in its judgment has become inexpedient to use in connection with the System when other property of equal value is substituted therefore, or the proceeds derived from the sale of such property are deposited in the Contingencies Fund and used for the purpose of making extension, improvement or additions to, or renewal of capital assets of the System or for prepaying outstanding Bonds. SECTION 7.09. Competitive Franchises. So long as the Bonds are Outstanding the District obligates itself not to grant a franchise to any utility for operation within the boundaries of the District which would render services or facilities in competition with the System, and also obligates itself to oppose the granting of any such franchise by any other public body having jurisdiction over such matters. Further, the District shall maintain its corporate identity and existence so long as any of the Bonds remain outstanding. SECTION 7.10. Prohibition Against Encumbrances. Except as provided in Section 7.09 of this General Bond Resolution, the District will maintain title to or the possession of the System and equipment acquired and properties improved by the Project, including any necessary servitudes and rights-of-way acquired in connection with the Project. Title to any immovable equipment and any real property purchased by the District in connection with the Project will remain free and clear of all liens and encumbrances. Furthermore, all movable property necessary for the operation of the system will remain free of all liens except liens necessary to secure the purchase of said movable equipment. SECTION 7.11. Insurance; Fidelity Bonds. So long as the Bonds are outstanding the District will maintain or cause to be maintained in force insurance policies and fidelity bonds as set forth in the Loan Agreement. SECTION 7.12. Retention of Consulting Engineer in Case of Certain Defaults. THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY DURING ANY PERIOD WHEN THE ISSUER MAY BE IN DEFAULT IN MAKING REQUIRED PAYMENTS INTO THE FUNDS REQUIRED BY SECTION 5.01 OF THIS BOND RESOLUTION OR WHEN AN "EVENT OF DEFAULT" HAS OCCURRED UNDER THE LOAN AGREEMENT. The District covenants and agrees that in the event it should fail to derive sufficient income from the operation of the System to make the required monthly payments into the funds established by Section 5.01 hereby or when an "event of default" has occurred under the Loan Agreement, it will retain a Consulting Engineer on a continuous basis until all defaults are cured, for the purpose of providing for the District continuous engineering counsel in the operation of its System. Such Consulting Engineer shall be retained under contract at such reasonable compensation as may be fixed by the Governing Authority, and the payment of such compensation shall be considered to be one of the costs of maintaining and operating the System. Any Consulting Engineer appointed under the provisions of this Section may be replaced at any time by another Consulting Engineer appointed or retained by the District, with the consent and approval of the Owners of a majority of the outstanding principal amount of the Bonds herein authorized. The Consulting Engineer shall prepare within ninety (90) days after the close of each Fiscal Year a comprehensive operating report, which report shall contain therein or be accompanied by the most recent certified copy of an audit prepared by the District's certified public accountants, and in addition thereto, shall report upon the operations of the System during the preceding Fiscal Year, the maintenance of the properties, the efficiency of the management of the System, the proper and adequate keeping of books of record and account, the adherence to budget and budgetary control provisions, the adherence to the provisions of this General Bond Resolution and all other things having a bearing upon the efficient and profitable operation of the System, and shall include whatever criticism of any phase of the operation of the System the Consulting Engineer may deem proper, and such recommendations as to changes in operations and the making of repairs, renewals, replacements, extensions, betterments and improvements as the Consulting Engineer may deem proper. Copies of such report shall be placed on file with the Governing Authority and sent to the Owners, and shall be open to inspection by any Owners of any of the Bonds. It shall be the duty of the Consulting Engineer to pass on the economic soundness or feasibility of any extensions, betterments, improvements, expenditures or purchases of equipment and materials or supplies, which will involve the expenditure of more than Five Thousand Dollars ($5,000.00), whether in one or more than one order, and whether authorized by a budget or not, from funds on deposit in the Contingencies Fund, and the Consulting Engineer shall devise and prescribe a form or forms wherein shall be set forth his or its approval in certificate form, copies of which shall be filed with the Secretary-Treasurer of the District and the depository for said Contingencies Fund. Sixty (60) days before the close of each Fiscal Year, the Consulting Engineer shall submit to the Governing Authority a suggested budget for the ensuing year's operation of the System and shall submit recommendations as to the schedule of rates and charges for services supplied by the System, taking into account any other lawfully available funds of the District that may be available for such purposes. A copy of said suggested budget and recommendations shall also be furnished by said Consulting Engineer directly to the Owners. Such recommendations as to rates and charges, consistent with the requirements relating thereto contained herein, shall be followed by the Governing Authority insofar as practicable and all other recommendations shall be given careful consideration by the Governing Authority and shall be substantially followed, except for good and reasonable cause. No expenditures for the operation, maintenance and repair of the System in excess of the amounts stated in said budget shall be made in any year, except upon the certificate of the Consulting Engineer that such expenditures are necessary and essential to the continued operation of the System. It shall be the duty of the Consulting Engineer to prescribe a system of budgetary control along with forms for exercising of such control which shall be utilized by the manager or superintendent of the System and his staff, and the manager or superintendent shall cause to be prepared monthly reports not later than the twentieth day of each month, for the preceding month's business and operation of the System, which reports shall be submitted to the Consulting Engineer, who shall prepare an analysis of each such report, which analysis shall be filed monthly as expeditiously as possible with the Chief Financial Officer of the Governing Authority, the manager or superintendent and with the original purchaser of the Bonds. In the event the Governing Authority shall fail to select and retain a Consulting Engineer in accordance with the first paragraph of this Section within thirty (30) days after the occurrence of the conditions prescribed thereby, then upon the petition of the Owners of twenty-five percent (25%) of the aggregate principal amount of the Bonds then outstanding, the Governing Authority shall select and retain such Consulting Engineer as is named in the petition of said Owners. ARTICLE VIII FEDERAL TAX MATTERS; CONTINUING DISCLOSURE SECTION 8.01. General Tax Covenants. In the event that any of the Bonds are issued as tax-exempt bonds for federal income tax purposes, or as Build America Bonds, the District covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Code in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code or the status of the Bonds as Build America Bonds. The District further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the District to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds" or fail to be Build America Bonds, if applicable. ARTICLE IX SUPPLEMENTAL BOND RESOLUTIONS SECTION 9.01. Supplemental Resolutions Effective Without Consent of Owners. For any one or more of the following purposes, in addition to the adoption of Series Resolutions pursuant to Section 2.04 with respect to the issuance of additional series of the Bonds, and at any time from time to time, a resolution supplemental hereto may be adopted, which, upon the filing with the Paying Agent and any rating agency which is then rating the Bonds, of a notice thereof at least fifteen (15) days prior to the adoption thereof, and thereafter with a certified copy thereof, but without any consent of the Owners, shall be fully effective in accordance with its terms: (a) to add to the covenants and agreements of the District in the General Bond Resolution or any Series Resolution other covenants and agreements to be observed by the District which are not contrary to or inconsistent with the General Bond Resolution or any Series Resolution as theretofore in effect; (b) to add to the limitations and restrictions in the General Bond Resolution or any Series Resolution other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with the General Bond Resolution or any Series Resolution as theretofore in effect; (c) to surrender any right, power or privilege reserved to or conferred upon the District by the terms of the General Bond Resolution or any Series Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants and agreements of the District contained in the General Bond Resolution or any Series Resolution; (d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision of the General Bond Resolution or any Series Resolution; or (e) to insert such provisions clarifying matters or questions arising under the General Bond Resolution or any Series Resolution as are necessary or desirable and are not contrary to or inconsistent with the General Bond Resolution or any Series Resolution as theretofore in effect. SECTION 9.02. Supplemental Resolutions Effective With Consent of Owners. Except as provided in Sections 2.04 and 9.01, any modification or amendment of the General Bond Resolution or any Series Resolution or of the rights and obligations of the District and of the Owners hereunder, in any particular, may be made by a supplemental resolution, with the written consent of the Owners of a majority of the Outstanding principal amount of the Bonds at the time such consent is given. The District shall give a notice thereof to the Paying Agent and any rating agency which is then rating the Bonds, at least fifteen (15) days prior to the adoption thereof, and thereafter shall furnish to said persons a certified copy thereof. No such modification or amendment shall permit a change in the terms of prepayment or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or the prepayment price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentages of Bonds the consent of the Owner of which is required to effect any such modification or amendment, or change the obligation of the District to levy and collect User Fees as provided herein, without the consent of the Owners of all of the Bonds then outstanding, or shall change or modify any of the rights or obligations of either the Paying Agent without its written assent thereto. ARTICLE X EVENTS OF DEFAULT; REMEDIES; RIGHTS OF BONDHOLDERS SECTION 10.01. Events of Default. If one or more of the following events (in this General Bond Resolution called "Events of Default") shall happen, that is to say, (a) if default shall be made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or otherwise; or (b) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; or (c) if default shall be made by the District in the performance or observance of any other of the covenants, agreements or conditions on its part in the General Bond Resolution or any Series Resolution, any supplemental resolution or ordinance or in the Bonds contained and such default shall continue for a period of forty-five (45) days after written notice thereof to the District by the Owners of not less than 25% of the Outstanding principal amount of the Bonds; or (d) if the District shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law; then, upon the happening and continuance of any Event of Default the Owners shall be entitled to exercise all rights and powers for which provision is made under Louisiana law. SECTION 10.02. Rights of Bondholders; Appointment of Receiver in Event of Default. The Owners from time to time shall be entitled to exercise all rights and powers for which provision is made in the laws of the State of Louisiana. Any Owners or any trustee acting for such Owners in the manner hereinafter provided, may, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Louisiana, or granted and contained in this General Bond Resolution, and may enforce and compel the performance of all duties required by this General Bond Resolution, or by any applicable statutes to be performed by the District or by any agency, board or officer thereof, including the fixing, charging and collecting of rentals, fees or other charges for the use of the System, and in general to take any action necessary to most effectively protect the rights of the Owners. In the event that default shall be made in the payment of the interest on or the principal of any of the Bonds as the same shall become due, or in the making of the payments into the Debt Service Fund or Reserve Fund or any other payments required to be made by this General Bond Resolution, or in the event that the District or any agency, board, officer, agent or employee thereof shall fail or refuse to comply with the provisions of this General Bond Resolution or shall default in any covenant made herein, and in the further event that any such default shall continue for a period of thirty (30) days after written notice, any Owner or any trustee appointed to represent such Owner(s) as hereinafter provided, shall be entitled as of right to the appointment of a receiver of the System in an appropriate judicial proceeding in a court of competent jurisdiction. The receiver so appointed shall forthwith directly or by his agents and attorneys, enter into and upon and take possession of the System, and each and every part thereof, and shall hold, operate and maintain, manage and control the System, and each and every part thereof, and in the name of the District shall exercise all the rights and powers of the District with respect to the System as the District itself might do. Such receiver shall collect and receive all rates, fees, rentals and other revenues, maintain and operate the System in the manner provided in this General Bond Resolution, and comply under the jurisdiction of the court appointing such receiver, with all of the provisions of this General Bond Resolution. Whenever all that is due upon the Bonds and interest thereon, and under any covenants of this General Bond Resolution for reserve, sinking or other funds, and upon any other obligations and interest thereon, having a charge, lien or encumbrance upon the fees, rentals or other revenues of the System, shall have been paid and made good, and all defaults under the provisions of this General Bond Resolution shall have been cured and made good, possession of the System shall be surrendered to the District upon the entry of an order of the court to that effect. Upon any subsequent default, any Owner of Bonds, or any trustee appointed for The Owners as hereinafter provided, shall have the same right to secure the further appointment of a receiver upon any such subsequent default. Such receiver shall in the performance of the powers hereinabove conferred upon him be under the direction and supervision of the court making such appointment, shall at all times be subject to the orders and decrees of such court, and may be removed thereby and a successor receiver appointed in the discretion of such court. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any function not specifically set forth herein. Any receiver appointed as provided herein shall hold and operate the System in the name of the District and for the joint protection and benefit of the District and the Owners. Such receiver shall have no power to sell, assign, mortgage or otherwise dispose of any property of any kind or character belonging or pertaining to the System but the authority of such receiver shall be limited to the possession, operation and maintenance of the System for the sole purpose of the protection of both the District and the Owners and the curing and making good of any default under the provisions of this General Bond Resolution, and the title to and the ownership of the System shall remain in the District, and no court shall have any jurisdiction to enter any order or decree permitting or requiring such receiver to sell, mortgage or otherwise dispose of any property of the System except with the consent of the District and in such manner as the court shall direct. The Owner or Owners of Bonds in an aggregate principal amount of not less than twenty-five percent (25%) of bonds issued under this General Bond Resolution then outstanding may by a duly executed certificate appoint a trustee for the Owners with authority to represent such Owners in any legal proceedings for the enforcement and protection of the rights of such Owners. Such certificate shall be executed by such Owners, or by their duly authorized attorneys or representatives, and shall be filed in the office of the Secretary-Treasurer of the District. UNTIL AN EVENT OF DEFAULT SHALL HAVE OCCURRED, THE ISSUER SHALL RETAIN FULL POSSESSION AND CONTROL OF THE SYSTEM WITH FULL RIGHT TO MANAGE, OPERATE AND USE THE SAME AND EVERY PART THEREOF WITH THE RIGHTS APPERTAINING THERETO, AND TO COLLECT AND RECEIVE, AND, SUBJECT TO THE PROVISIONS OF THIS RESOLUTION, TO TAKE, USE AND ENJOY AND DISTRIBUTE THE EARNINGS, INCOME, RENT, ISSUE AND PROFITS ACCRUING ON OR DERIVABLE FROM THE SYSTEM. ARTICLE XI MISCELLANEOUS SECTION 11.01. Defeasance. (a) If the District shall pay or cause to be paid to the Owners of all Bonds then outstanding, the principal and interest and prepayment premium, if any, to become due thereon, at the times and in the manner stipulated therein and in the Resolution, then the covenants, agreements and other obligations of the District to the Owners shall be discharged and satisfied. In such event, the Paying Agent shall, upon the request of the District, execute and deliver to the District all such instruments as may be desirable to evidence such discharge and satisfaction and the Paying Agent shall pay over or deliver to the District all moneys, securities and funds held by them pursuant to the Resolution which are not required for the payment or prepayment of Bonds not theretofore surrendered for such payment or prepayment. (b) Bonds or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the District of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they have been defeased using Defeasance Obligations pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto. SECTION 11.02. Parties Interested Herein. Nothing in the Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or corporation, other than the District, the Paying Agent and the Owners any right, remedy or claim under or by reason of the Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in the Resolution contained by and on behalf of the District shall be for the sole and exclusive benefit of the District, the Paying Agent and the Owners. SECTION 11.03. No Recourse on the Bonds. No recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or on this General Bond Resolution against any member of the Governing Authority or officer of the District or any person executing the Bonds. SECTION 11.04. Successors and Assigns. Whenever in this General Bond Resolution the District is named or referred to, it shall be deemed to include its successors and assigns and all the covenants and agreements in this General Bond Resolution contained by or on behalf of the District shall bind and enure to the benefit of its successors and assigns whether so expressed or not. SECTION 11.05. Severability. In case any one or more of the provisions of this Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of the Resolution or of the Bonds, but the 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 provision enacted after the date of the Resolution which validates or makes legal any provision of the Resolution or the Bonds which would not otherwise be valid or legal shall be deemed to apply to the Resolution and to the Bonds. SECTION 11.06. Publication of Resolution. This Resolution shall be published one (1) time in the official journal of the District. SECTION 11.07. Effective Date. This General Bond Resolution shall become effective immediately. This General Bond Resolution having been submitted to a vote, the vote thereon was as follows: YEAS: (3) Leach, Owens, Hall NAYS: None ABSENT: None And the Resolution was declared adopted, on this, the 12th day of September, 2011. Donald Leach, Secretary-Treasurer Fred Hall, Chairman 9/15 ________________________________________________________ The following resolution was offered by Commissioner Owens and seconded by Commissioner Leach. FIRST SUPPLEMENTAL BOND RESOLUTION A Supplemental Bond Resolution authorizing the issuance of not exceeding One Million Nine Hundred Eighteen Thousand Dollars ($1,918,000) of Sewer Revenue Bonds, Series 2011, of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, in accordance with the terms of a General Bond Resolution adopted on September 12, 2011; prescribing the form, and certain terms and conditions of said Bonds, amending and supplementing the General Bond Ordinance; and providing for other matters in connection therewith. WHEREAS, West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana (the "District") now owns and operates a sewerage system (the "System") as a revenue producing public utility; and WHEREAS, the District currently has no outstanding notes, bonds or other obligations payable from a pledge and dedication of the income and revenues of the System; and WHEREAS, pursuant to Article VI, Section 37 of the Louisiana Constitution of 1974, and Section 2304 of Title 30 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto (the "Act"), it is the desire of this Board of Supervisors to provide for the issuance of revenue bonds of the District, for the purpose of paying a portion of the cost of constructing and acquiring improvements and extensions to the System, and paying the costs of issuance thereof; and WHEREAS, on September 12, 2011, this Board of Supervisors of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, acting as the governing authority of the District (the "Governing Authority"), adopted a General Bond Resolution entitled: "A General Bond Resolution authorizing the issuance from time to time of Sewer Revenue Bonds of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana; prescribing the form, and certain terms and conditions of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith" (the "General Bond Resolution"), which authorizes the issuance of bonds from time to time for the aforesaid purposes; and WHEREAS, it is now the desire of this Governing Authority to authorize the issuance of not exceeding One Million Nine Hundred Eighteen Thousand Dollars ($1,918,000) of Sewer Revenue Bonds, Series 2011 of the District (the "Series 2011 Bonds"); NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, acting as the governing authority of West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana, that: SECTION 1. Definitions. In addition to words and terms elsewhere defined in the General Bond Resolution and this First Supplemental Bond Resolution, the following words and terms as used in this First Supplemental Bond Resolution shall have the following meanings, unless some other meaning is plainly intended: "Administrative Fee" means, with respect to the 2011 Bonds and any other Bonds purchased by the Department from the Clean Water State Revolving Fund, the annual fee equal to one-half of one percent (0.50%) per annum of the outstanding principal amount of such bonds, or such lesser amount as the Department may approve from time to time, which shall be payable semi-annually on each Interest Payment Date. “Completion Date” means, the earlier of (i) the date of the final disbursement of the purchase price of the 2011 Bonds to the District or (ii) the date that operation of the Project is initiated or capable of being initiated, as certified in accordance with the Loan Agreement. "Department" means the Louisiana Department of Environmental Quality, an executive department and agency of the State, and any successor to the duties and functions thereof with respect to the Clean Water State Revolving Fund. "First Supplemental Resolution" means this resolution authorizing the issuance of the 2011 Bonds. "General Bond Resolution" means the General Bond Resolution described in the preambles hereof. "Loan Agreement" means the Loan and Pledge Agreement to be entered into by and between the Department and the District, prior to the delivery of the 2011 Bonds, which will contain certain additional agreements relating to the 2011 Bonds being purchased by the Department from the Clean Water State Revolving Fund, which Loan Agreement shall be in substantially the form attached hereto as Exhibit B, as it may be supplemented, modified or amended from time to time in accordance with the terms thereof. "Clean Water State Revolving Fund" means the Clean Water State Revolving Fund established by the State of Louisiana, pursuant to Subchapter II, Chapter 14 of Title 30 of the Louisiana Revised Statues of 1950, as amended, specifically La. R.S. 30:2301, et. seq, .in the custody of the Department, which is to be used to be used for the purpose of providing financial assistance for the improvement of wastewater treatment facilities in the State, as more fully described in La. R.S. 30:2304. "Paying Agent" with respect to the 2011 Bonds means the Secretary-Treasurer of the Governing Authority, unless and until a successor Paying Agent shall have assumed such responsibilities pursuant to the General Bond Resolution. "2011 Bonds" means the District's Sewer Revenue Bonds, Series 2011, authorized to be issued by this First Supplemental Resolution and particularly by Section 2 hereof. SECTION 2. Authorization of Series 2011 Bonds. (a) (a) In compliance with and under the authority of La. R.S. 30:2304 and other constitutional and statutory authority supplemental thereto, there is hereby authorized, subject to the approval of the State Bond Commission, the incurring of an indebtedness of not exceeding One Million Nine Hundred Eighteen Thousand Dollars ($1,918,000) for, on behalf of and in the name of the District, for the purpose of paying a portion of the cost of constructing and acquiring improvements and extensions to the System, as further set forth in Exhibit B hereto, and paying costs of issuance thereof, and to represent the indebtedness, this Governing Authority does hereby authorize the issuance of not exceeding One Million Nine Hundred Eighteen Thousand Dollars ($1,918,000) of Sewer Revenue Bonds, Series 2011, of the District. The 2011 Bonds shall be dated the Delivery Date thereof, and the exact principal amount of the bonds, not to exceed One Million Nine Hundred Eighteen Thousand Dollars ($1,918,000), as stated above, shall be determined by the Executive Officers at the time of delivery of the 2011 Bonds (b) The 2011 Bonds shall be Fixed Rate Bonds and the Interest Payment Dates shall be April and October 1 of each year in which interest on the 2011 Bonds is payable, the first of which shall occur after the delivery of the 2011 Bonds to the Department and which shall occur semi-annually thereafter until the 2011 Bonds are paid in full. The 2011 Bonds shall bear interest at the rate of forty-five hundredths percent (0.45%) per annum, said interest to be calculated on the basis of a 360-day year consisting of twelve 30-day months and payable on each Interest Payment Date, or such lower rate as may be in effect for loans from the Clean Water State Revolving Fund on the Delivery Date. In addition to interest at the rate set forth above, at any time that the Department owns the 2011 Bonds, the District will pay the Administrative Fee to the Department on each Interest Payment Date. In the event (i) the Department owns any 2011 Bonds or the Department has pledged or assigned any 2011 Bonds in connection with its Clean Water State Revolving Fund and (ii) the Administrative Fee payable by the District to the Department under the terms of the Loan Agreement is declared illegal or unenforceable by a court or an administrative body of competent jurisdiction, the interest rate borne by the 2011 Bonds shall be increased by one-half of one percent (0.50%) per annum, effective as of the date declared to be the date from which the Administrative Fee is no longer owed because of such illegality or unenforceability. (c) Reserved; (d) The 2011 Bonds shall mature in twenty (20) installments of principal, payable annually on each October 1, beginning on October 1, 2012,, and each annual installment shall be the applicable percentage shown in the following table, rounded to the nearest One Thousand Dollars ($1,000), of the outstanding principal amount of the 2011 Bonds on the day before the applicable Principal Payment Date: (e) The principal and interest on the 2011 Bonds shall be payable by check mailed to the registered owner of the 2011 Bonds (determined as of the Interest Payment Date) at the address shown on the registration books kept by the Paying Agent for such purpose, provided that payment of the final installment of principal on the 2011 Bonds shall be made only upon presentation and surrender of the 2011 Bonds to the Paying Agent. (f) The principal installments of the 2011 Bonds are subject to prepayment at the option of the District at any time, in whole or in part, at a prepayment price of par plus accrued interest and accrued Administrative Fee, if any, to the prepayment date and in such case the remaining principal of the 2011 Bonds shall continue to mature in installments calculated using the percentages shown in Section 2(d) above. (g) The 2011 Bonds shall be issued in the form of a single fully registered bond, initially numbered R-1, and shall be in substantially the form attached hereto as Exhibit A. (h) The Secretary-Treasurer of the Governing Authority shall be the initial Paying Agent for the 2011 Bonds. (i) The 2011 Bonds are hereby awarded to and sold to the Department at a price of par plus accrued interest, if any, under the terms and conditions set forth in the Loan Agreement, and after their execution and authentication by the Paying Agent, the 2011 Bonds shall be delivered to the Department or its agents or assigns, upon receipt by the District of the agreed purchase price. Pursuant to the Act and La. R.S. 39:1426(B), the District has determined to sell the 2011 Bonds at a private sale without the necessity of publishing any notice of sale. (j) No proceeds of the 2011 Bonds shall be deposited into the Reserve Fund, however upon the delivery of the 2011 Bonds the District shall establish the "Series 2011 Account" in the Reserve Fund and shall deposit an amount equal to one-half of the highest amount of principal and interest due on the 2011 Bonds in any future Bond Year (the "Reserve Fund Requirement") within five (5) years after the Delivery Date. No changes are required at this time with respect to the Contingencies Fund established in the General Bond Resolution. (k) No proceeds of the 2011 Bonds will be used to refund any outstanding obligations. (l) Inasmuch as the 2011 Bonds being the initial emission of bonds under the General Bond Resolution, the parity requirements of Section 6.01 of the General Bond Resolution are not applicable. (m) The Executive Officers are each hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of the General Bond Resolution and this First Supplemental Resolution, to execute and deliver the Loan Agreement, and to cause the 2011 Bonds to be prepared and/or printed, to issue, execute and seal the 2011 Bonds and to effect delivery thereof as hereinafter provided. In connection with the issuance and sale of the 2011 Bonds, the Executive Officers and the Secretary-Treasurer of the District are each authorized, empowered and directed to execute on behalf of the District such additional documents, certificates and instruments as they may deem necessary, upon the advice of bond counsel, to effect the transactions contemplated by this Resolution. The signatures of said on such documents, certificates and instruments shall be conclusive evidence of the due exercise of the authority granted hereunder. (n) The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3)(B)of the Code. In making this designation, the Issuer finds and deter¬mines that: (i) the Bonds are not "private activity bonds" within the meaning of the Code; and (ii) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordi¬nate entities in calendar year 2011 does not exceed $10,000,000. (o) It is recognized that the District will not be required to comply with the continuing disclosure requirements described in the Rule 15c2-12(b) of the Securities and Exchange Commission [17 CFR §240.15c2-12(b)], because (i) the 2011 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 (ii) the 2011 Bonds are being sold to only one financial institution (i.e., no more than thirty-five persons), which has 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 2011 Bonds and is not purchasing the 2011 Bonds for more than one account or with a view to distributing the Bonds. (p) The issuance of the Series 2011 Bonds have already been approved by the State Bond Commission. (q) The "Scheduled Completion Date" for the 2011 Bonds Project is May 1, 2012. (r) There will be no Credit Enhancement with respect to the 2011 Bonds. (s) The Loan Agreement, in substantially the form attached hereto as Exhibit B, is hereby approved, and the Executive Officers are authorized to execute and deliver the aforesaid documents on behalf of the District, with such changes as may be deemed necessary, upon the advice of counsel, in connection with the 2011 Bonds. The Executive Officers are further authorized to execute and deliver any supplemental loan agreement or cooperative endeavor agreement as may be necessary in connection with any additional subsidization offered by the Department. With the advice of Bond Counsel, the Executive Officers are further authorized and directed to execute on behalf of the Issuer a Commitment Agreement by and between the Department and the Issuer which the Department may require as a prerequisite to the execution of the Loan Agreement, said Commitment Agreement to be substantially in the form of the Commitment Agreement on file with the Secretary-Treasurer of the Issuer. SECTION 3. Davis-Bacon Wage Rate Requirements. The District agrees that all laborers and mechanics employed by contractors and subcontractors on the portion of the Project that is funded in whole or in part with the Series 2011 Bonds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality of the District as determined by the Secretary of the United States Department of Labor ("DOL") in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code. DOL provides all pertinent information related to compliance with the foregoing requirements, including prevailing wage rates and instructions for reporting. The District will ensure that all construction contracts relating to the portion of the Project that is funded in whole or in part with the Series 2011 Bonds will require that the contractor comply with the aforesaid wage and reporting requirements. This section shall not apply to "force account" work where the District may perform construction work using its own employees rather than any contractor or subcontractor. SECTION 4. Parties Interested Herein. Nothing in this First Supplemental Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or corporation, other than the District, the Paying Agent and the Owners of the Series 2011 Bonds any right, remedy or claim under or by reason of this First Supplemental Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this First Supplemental Resolution contained by and on behalf of the District shall be for the sole and exclusive benefit of the District, the Paying Agent and the Owners of the Series 2011 Bonds. SECTION 5. No Recourse on the 2011 Bonds. No recourse shall be had for the payment of the principal of or interest on the 2011 Bonds or for any claim based thereon or on this First Supplemental Resolution against any member of the Governing Authority or officer of the District or any person executing the 2011 Bonds. SECTION 6. Successors and Assigns. Whenever in this First Supplemental Resolution the District is named or referred to, it shall be deemed to include its successors and assigns and all the covenants and agreements in this First Supplemental Resolution contained by or on behalf of the District shall bind and enure to the benefit of its successors and assigns whether so expressed or not. SECTION 7. Severability. In case any one or more of the provisions of this First Supplemental Resolution or of the 2011 Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this First Supplemental Resolution or of the 2011 Bonds, but this First Supplemental Resolution and the 2011 Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date of this First Supplemental Resolution which validates or makes legal any provision of this First Supplemental Resolution or the 2011 Bonds which would not otherwise be valid or legal shall be deemed to apply to this First Supplemental Resolution and to the 2011 Bonds. SECTION 8. Publication; Peremption. This First Supplemental Resolution shall be published one time in the official journal of the District, or if there is none, in a newspaper having general circulation in the District. It shall not be necessary to publish the exhibits to this First Supplemental Resolution but such exhibits shall be made available for public inspection at the offices of the Governing Authority at reasonable times and such fact must be stated in the publication within the official journal. For a period of thirty (30) days after the date of such publication any persons in interest may contest the legality of this First Supplemental Resolution and any provisions herein made for the security and payment of the 2011 Bonds. After such thirty day period no one shall have any cause or right of action to contest the regularity, formality, legality, or effectiveness of this First Supplemental Resolution and the provisions hereof or of the 2011 Bonds authorized hereby for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the 2011 Bonds authorized pursuant to this First Supplemental Resolution within the thirty days herein prescribed, the authority to issue the Bonds or to provide for the payment thereof, and the legality thereof, and all of the provisions of this First Supplemental Resolution and such 2011 Bonds shall be conclusively presumed, and no court shall have authority or jurisdiction to inquire into any such matter. SECTION 9. Effective Date. This First Supplemental Resolution shall become effective immediately. This First Supplemental Bond Resolution having been submitted to a vote, the vote thereon was as follows: YEAS: (3) Leach, Owens, Hall NAYS: None ABSENT: None And the Resolution was declared adopted on this, 12th day of September, 2011. Donald Leach, Secretary-Treasurer Fred Hall, Chairman In accordance with La. R.S. 39:1451(A) the Exhibits to this resolution have not been published. These Exhibits are on file with the minutes of the West Ouachita Sewerage District No. 5, 327 Wallace Rd, West Monroe, LA, and are available for inspection during regular business hours weekdays, Monday through Friday. 9/15 ________________________________________________________ PUBLIC NOTICE The Ouachita Parish Police Jury will hold a Public Hearing at 5:30 p.m. on October 3, 2011 concerning proposed Ordinance No. 8993, an ordinance altering the boundaries of the Prairie Road Water District to incorporate therein Prairie Ridge Subdivision, Huntington Park Subdivision, and other contiguous areas served by the District’s water system, said hearing to be held in the Ouachita Parish Police Jury Meeting Room (Courtroom No. 3) in the Ouachita Parish Courthouse, 300 St. John Street, Monroe, La. 71201. 9/8,9/15,9/22,9/29 ________________________________________________________ NOTICE TO BIDDERS Sealed Bids will be received by the Ouachita Parish School Board, 100 Bry Street, Monroe, Louisiana 71210-1642 until 2:00 P.M., October 18, 2011. For: Outfield Fence Replacement & Batting Cage Covering Sterlington High School Sterlington, Louisiana Project Bid Number: 30-12 Complete Bidding Documents may be obtained from: Rice Gregory & Associates APC P.O. Box 585 (call 318.366.2601) West Monroe, Louisiana 71294 Telephone: (318) 366.2601 upon deposit of $50.00 for each set of documents. Deposit on the first set is fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. The deposit of all other sets of documents will be refunded 50% upon return of documents as stated above. All bids must be accompanied by bid security equal to five percent (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier's check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this state. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable. Contractors have the option of submitting bids electronically at www.bidsync.com in lieu of sealed bids. The successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State, and who is residing in this State, in an amount equal to the 100% of the contract amount. No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of Act 111 of 1983. The Owner reserves the right to reject any and all bids. OUACHITA PARISH SCHOOL BOARD Jerry Hicks, President ATTEST: Dr. Robert Webber, ED.D , Secretary 9/15,9/22,9/29 _________________________________________________ ADVERTISEMENT FOR BIDS Sealed bids will be received by NELTC Delta Ouachita Campus, 609 Vocational Parkway, West Monroe, LA 71292 on Parking Lot renovation, cleaning and repairing potholes and substructure in marked areas; overlay with 2” of asphalt; restriping and painting curbs in accordance with plan. Bid will be posted on the LaPAC website, bid # 40024CFO11-002. Contact the Delta Ouachita Purchasing Office at 318-397-6156 for Bid Package. Bid ending date is September 30, 2011 at 12:00 PM CST. 9/15 _________________________________________________ PUBLIC NOTICE NOTICE is hereby given that the Planning Commission of the City of West Monroe will meet in legal session on Monday, September 19, 2011, at 5:00 p.m. in the Council Chambers at West Monroe City Hall, 2305 North 7th Street, West Monroe, Louisiana, to review the following application(s): APPLICATION NO: PASE-11-15000003 APPLICANT: NOT JUST BAR-BQ, LLC / BOBBY SWANNER JACK WARREN CLAMPIT REQUEST: PLANNING APPROVAL / SPECIAL EXCEPTION TO ALLOW RESTAURANT SALES OF ALCOHOLIC BEVERAGES OF LOW ALCOHOLIC CONTENT AND LIGHT WINE IN CONJUNCTION WITH THE SERVICE OF A MEAL AS A SPECIAL EXCEPTION USE IN A B-2 (NEIGHBORHOOD BUSINESS) DISTRICT The public is invited to attend. 9/1,9/8,9/15 _________________________________________________ PUBLIC NOTICE NOTICE is hereby given that the Board of Adjustments of the City of West Monroe will meet in legal session on Monday, September 26, 2011, at 5:30 PM in the Council Chambers of West Monroe City Hall, 2305 North 7th Street, West Monroe, Louisiana, to review the following application(s): APPLICATION NO: PASE-11-15000003 APPLICANT: NOT JUST BAR-BQ, LLC / BOBBY SWANNER JACK WARREN CLAMPIT REQUEST: PLANNING APPROVAL / SPECIAL EXCEPTION TO ALLOW RESTAURANT SALES OF ALCOHOLIC BEVERAGES OF LOW ALCOHOLIC CONTENT AND LIGHT WINE IN CONJUNCTION WITH THE SERVICE OF A MEAL AS A SPECIAL EXCEPTION USE IN A B-2 (NEIGHBORHOOD BUSINESS) DISTRICT The public is invited to attend. 9/8,9/15,9/22 _________________________________________________ NOTICE I, Thomas Clampit, date of birth 11/17/1985, DOC # 502715, currently residing in Ouachita Parish, Louisiana, have applied for clemency for my conviction of possession of a Schedule IV Drug, which occurred on 11/10/2005, in Ouachita Parish, Louisiana. If you have any comments or wish to communicate with the Board of Pardons, please call (225) 342-5421. 9/1,9/8,9/15 _________________________________________________ NOTICE Notice is hereby given that the Ouachita Parish Police Jury will meet as a Board of Review at 5:30 p.m. Monday, Oct. 3, 2011, at the Ouachita Parish Courthouse, Courtroom 3, located at 301 South Grand Street, Monroe, Louisiana, to hear any and all protests from taxpayers on their 2011 Assessments. The Board of Review shall consider the written or oral protests of any taxpayer desiring to be heard who has filed a written appeal (with any supporting documents) by Friday, September 26, 2011, at 5:00 p.m. seven (7) days prior to the actual Board of Review hearing date). The appeal shall be filed by certified mail or hand delivered to the Police Jury Office in the Ouachita Parish Courthouse at 301 South Grand Street, Room 201, Monroe, LA 71201. Appeal Form 3101 (2010), Notice of Appeal Request for Board of Review, is available in the Ouachita Parish Assessor's Office in the Ouachita Parish Courthouse at 301 South Grand Street, Room 104, Monroe, Louisiana. THE ASSESSOR'S OFFICE CAN NOT ACCEPT APPEALS. Bradley Cammack, Treasurer Ouachita Parish Police Jury 9/15,9/22 _________________________________________________ PUBLIC NOTICE Legal Notice NOTICE IS GIVEN pursuant to Section 21(D) of Article IV of the Louisiana Constitution for 1974 that AT&T Louisiana has filed a tariff with the Louisiana Public Service Commission on September 1, 2011. This filing increases the rate in Zone 1 exchanges to $15.66 per month, and the rate in Zone 2 and 3 exchanges to $13.60 per month for Residence Flat Rate Service effective September 17, 2011. If you wish additional information regarding this tariff filing, you may contact your AT&T Louisiana representative. AT&T Louisiana 9/15 _________________________________________________ |
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