• IN THE CIRCUIT COURT OF HARRIS...

IN THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPI SECOND JUDICIAL DISTRICT BILOXI BEST, LLC Plaintiff VS CAUSE No. A2402-18-2 VANNA LY Defendant AMENDED NOTICE OF SHERIFF'S SALE OF REALTY UNDER EXECUTION WHEREAS on or about the 8th day of December, 2014, a judgment was entered in the U.S. Bankruptcy Court for the Southern District of Mississippi in Adversary Proceeding No. 13-05064-KMS, adjunct to Chapter 7 Case No. 13-51881-KMS, in the amount of $143,215.05 plus statutory interest at federal rate as provided for in 28 U.S.C. ยง 1961(a), was entered against Vanna Ly, Defendant in that certain case presently filed in the Circuit Court of Harrison County, Mississippi, Second Judicial District, and being more particularly styled, Biloxi Best, LLC v. Vanna Ly, having Cause No. A2402-18-2 on the docket of said Court; WHEREAS, said judgment is now final and non-appealable; WHEREAS after statutory interest and taxable costs, the present outstanding balance on said judgment is $143,937.57; WHEREAS the Judgment Debtor, Vanna Ly, is the owner of certain real property located in Harrison County, Mississippi at Biloxi, more particularly described herein below: Lots 10, 12 and 14 of the block lying between Sylvania Avenue on the West and St. Charles Avenue on the East in Heartsease Park in the City of Biloxi, Harrison County, Mississippi; less and except that portion of said Lot 10 awarded to William Harper and Martha Harper by the Chancery Court of Harrison County, Mississippi, Second Judicial District in Cause No. 14CH2:10-cv-01268-CB, Judgment entered March 25, 2011, being a part of the following described land awarded to such William Harper and Martha Harper, to-wit: All of Lot 8 and a portion of Lots 6 & 10, Heartsease Park Subdivision between St. Charles Avenue, and Sylvania Avenue; as per map or plat recorded in Book 30, Pages 318-319, City of Biloxi, Harrison County, Mississippi, being more particularly described as: Beginning at an existing iron rod marking the NE corner of said Lot 8 on the apparent west margin of St. Charles Avenue. Said iron rod being 1199.59 feet South of the centerline of existing Railroad Tracks; thence run S00? 03' 25" W along the apparent west margin of St. Charles Avenue and the east line of said Lots 8 & 6 for 77.48 feet to an existing iron pipe; thence run N89? 57' 24" W along the intermittent remnants of a fence; occupation and the apparent North line of Deed Book 104, Page 123 and Deed Book 253, Page 710 for 124.81 feet to a point on the west line of said Lot 6 and on the apparent east margin of Sylvania Avenue; thence run N00? 14' 54" E along the west line of Lots 6 & 8, also being the said east margin of Sylvania Avenue for 73.67 feet to an existing iron rod marking the NW corner of said Lot 8; thence run N00? 09' 16" W along the west line of said Lot 10 and the said east margin of Sylvania Avenue for 39.10 feet to a point; thence run S89? 57' 45" E along the intermittent remnants of a fence and occupation for 124.49 feet to a point on the West margin of St. Charles Avenue and the East line of Lot 10; thence run S00? 18' 08" E along said west margin and east line of said Lot 10 for 35.21 feet to the Point of Beginning. Harrison County, Mississippi, Tax Parcel No.: 1310L-04-015.000, 1310L-04-015.001 and 1310L-04-014.000. WHEREAS a writ of execution has issued from the Circuit Court Clerk of Harrison County, Mississippi, directing the Sheriff of Harrison County to levy upon, seize and execute upon said real property in accordance with the provisions of Mississippi Code Annotated Section 13-3-123, 13-3-161, 13-3-163, 13-3-169, 13-3-187 and 11-7-7 (1972), and to sell same in accordance with the provisions of Mississippi Code Annotated Section 13-3-163 (1972); WHEREAS the Sheriff of Harrison County, Mississippi, (acting through one or more duly authorized deputies), did levy upon said realty by service of the writ and going to the building and the land of the defendant, and there declared that he attached the same at the suit of the plaintiff, and attaching and levying upon the same by returning that he has attached and levied upon the land, and filing said return in the afore-referenced court records; and WHEREAS in accordance with the provisions of Mississippi Code, Section 13-3-165, the Plaintiff is effectuating the advertising this sale by advertising said Notice of Sale once each week, for three successive weeks, said publications being published in the Sun Herald newspaper, a newspaper of general circulation in Harrison County, Mississippi on the following days: January 11, 2019, January 18, 2019, and January 25, 2019. NOW THEREFORE the Sheriff of Harrison County, Mississippi (acting through one or more duly authorized deputies), will on February 28, 2019 sell commencing at 11:00 a.m., being during lawful hours for an execution sale (in accordance with Mississippi Code, Section 13-3-169, at the main front door of the Harrison County Courthouse, Biloxi, Mississippi, Second Judicial District, to the highest bidder for cash that certain real property more particularly described as follows, to-wit: Lots 10, 12 and 14 of the block lying between Sylvania Avenue on the West and St. Charles Avenue on the East in Heartsease Park in the City of Biloxi, Harrison County, Mississippi; less and except that portion of said Lot 10 awarded to William Harper and Martha Harper by the Chancery Court of Harrison County, Mississippi, Second Judicial District in Cause No. 14CH2:10-cv-01268-CB, Judgment entered March 25, 2011, being a part of the following described land awarded to such William Harper and Martha Harper, to-wit: All of Lot 8 and a portion of Lots 6 & 10, Heartsease Park Subdivision between St. Charles Avenue, and Sylvania Avenue; as per map or plat recorded in Book 30, Pages 318-319, City of Biloxi, Harrison County, Mississippi, being more particularly described as: Beginning at an existing iron rod marking the NE corner of said Lot 8 on the apparent west margin of St. Charles Avenue. Said iron rod being 1199.59 feet South of the centerline of existing Railroad Tracks; thence run S00? 03' 25" W along the apparent west margin of St. Charles Avenue and the east line of said Lots 8 & 6 for 77.48 feet to an existing iron pipe; thence run N89? 57' 24" W along the intermittent remnants of a fence; occupation and the apparent North line of Deed Book 104, Page 123 and Deed Book 253, Page 710 for 124.81 feet to a point on the west line of said Lot 6 and on the apparent east margin of Sylvania Avenue; thence run N00? 14' 54" E along the west line of Lots 6 & 8, also being the said east margin of Sylvania Avenue for 73.67 feet to an existing iron rod marking the NW corner of said Lot 8; thence run N00? 09' 16" W along the west line of said Lot 10 and the said east margin of Sylvania Avenue for 39.10 feet to a point; thence run S89? 57' 45" E along the intermittent remnants of a fence and occupation for 124.49 feet to a point on the West margin of St. Charles Avenue and the East line of Lot 10; thence run S00? 18' 08" E along said west margin and east line of said Lot 10 for 35.21 feet to the Point of Beginning. Harrison County, Mississippi, Tax Parcel numbers: 1310L-04-015.000, 1310L-04-015.001 and 1310L-04-014.000. Witness my signature, this the 9th day of January 2019. PATRICK A. SHEEHAN MS Bar No. 6747 ATTORNEY AT LAW SHEEHAN LAW FIRM, PLLC 429 PORTER AVENUE OCEAN SPRINGS, MS 39564 (228) 875-0572