TRUSTEE'S NOTICE OF SALE
STATE OF MISSISSIPPI
COUNTY OF HARRISON
FIRST JUDICIAL DISTRICT
WHEREAS, Columbia Land Development, L.L.C., a Mississippi Limited Liability Company ("CLD"), Gulf Grove Limited Partnership, a Mississippi Limited Partnership ("Gulf Grove"), Westgate Apartments Limited Partnership, a Mississippi Limited Partnership ("Westgate"), and Columbia Marketplace Limited, L.P., a Mississippi Limited Partnership ("Columbia Marketplace"), executed a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing ("Deed of Trust") to Robert T. Schwartz, Esq., as Trustee, for the benefit of Berry Land & Timber, LLC, a Limited Liability Company and Lithgow Ventures, LLC, a Limited Liability Company, Beneficiaries, which Deed of Trust was effective on February 29, 2020, which was executed on August 20, 2020, and recorded on September 2, 2020, as Instrument No. 2020-8866-T-J1, in the office of the Chancery Clerk of the County of Harrison, First Judicial District, State of Mississippi, encumbering certain property described in said Deed of Trust and securing the original principal sum of $2,222,294.49; and
WHEREAS, said Deed of Trust was assigned by Assignment of Promissory Note, Deed of Trust, Assignment of Leases and Rents, Security Agreement, UCC Fixture Filing and other Collateral executed by Berry Land & Timber, LLC, a Limited Liability Company and Lithgow Ventures, LLC, a Limited Liability Company, to Pass Christian Coastal Development, LLC, a Mississippi Limited Liability Company, which Assignment was recorded on April 21, 2026, as Instrument No. 2026-0007530-T-J1, in the office of the Chancery Clerk of the County of Harrison, First Judicial District, State of Mississippi; and
WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said Deed of Trust, and the legal holder of said indebtedness, Pass Christian Coastal Development, LLC, a Mississippi Limited Liability Company, having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expenses of sale;
NOW, THEREFORE, I, Robert T. Schwartz, Esq., Trustee in said Deed of Trust, will on the18th day of May, 2026, offer for sale and will sell at public outcry, to the highest bidder for cash, within the legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) at the east front door of the County Courthouse at Gulfport, Mississippi, County of Harrison, First Judicial District, State of Mississippi, the following described property situated and lying in the County of Harrison, First Judicial District, State of Mississippi, to-wit:
That tract of land having a beginning point and its southeast corner on the water's edge of Bayou Portage, sometime called Bay of Portage, at the West margin of the public highway bridge across said Bayou Portage connecting the Pass Christian to DeLisle Highway, said point being at or near the west line of Lot 19 of the Survey of the Alexander Dimitry Claim as located and being in Fractional Sections 10, 11, 14 and 15 of Township 8 South or Range 13 West (if regularly surveyed) according to map or plat thereof recorded in the records of deeds of Harrison County, Mississippi, in Book 9 on pages 374 to 375; from said beginning point running in a Westerly and north-westerly direction along the water's edge of Bayou Portage, Bay of Portage and Bay of St. Louis, to a point at or near the mouth of Wolf River where the south line of land conveyed by G. L. Sheen and his wife, Esther Moore Sheen, as grantors therein, to LaGrange Realty, Inc., by deed dated September 3, 1953 and recorded in the Record of Deeds of Harrison County, Mississippi in Book 372 on pages 210-14 intersect said water's edge; thence running in a Easterly direction along the South line of land conveyed by G. L. Sheen and his wife, Esther Moore Sheen, as grantors therein, to LaGrange Realty, Inc., to the southeast corner of land conveyed by G. L. Sheen and his wife, Esther Moore Sheen, as grantors therein, to LaGrange Realty, Inc., as aforesaid; thence in a northerly direction along the east line of land conveyed by G. L. Sheen and his wife, Esther Moore Sheen, as grantors therein to LaGrange Realty, Inc., as aforesaid, a distance of 442.6 feet to the water's edge of Wolf River; thence in an easterly direction along the said Wolf River to the southwest margin of the Pass Christian to DeLisle Highway; thence in an easterly, southeasterly and southerly direction following the meanderings of said Pass Christian to DeLisle Highway to the point of beginning, and including all of Lots 1, 2 and 3 of said Dimitry Survey, and all of that part of Lots 4 to 19 inclusive of said Dimitry Survey, lying south and west of said Highway, and being bounded on the north by said Wolf River and the said Pass Christian to DeLisle Highway; on the East by said Pass Christian to DeLisle Highway; on the South by Bayou Portage, Bay of Portage and Bay of St. Louis and on the West by Wolf River, and being the property known as the "Oak Grove Lodge" property, including all of the marshes and low grounds forming the point at the entrance to Wolf River sometimes called "Dimitry Point," and all of the islands adjacent thereto; together with all improvements thereon and all riparian, accretion, littoral, beach rights and other rights of every kind and character in connection therewith or pertaining thereto; also,
All rights, titles and interests that the Vendor herein has or may have in the small tract of land aggregating approximately 30 acres more or less that was acquired by LaGrange Realty, Inc., from L. Lionel Lee and the Shoreland Company, Inc., a Mississippi corporation by warranty deed as of the 29th day of October, 1953 and filed for record in the Record of Deeds of Harrison County, State of Mississippi, as of Date October 30, 1953, in Book 374, pages 220-4, and which was acquired by Vendor herein from LaGrange Realty, Inc., by deed dated September 19, 1956.
This sale of deed includes all rights, titles and interests that LaGrange Realty, Inc., had or may have had in the property acquired by LaGrange Realty, Inc., on September 3, 1953 from G. L. Sheen and his wife, Esther Moore Sheen, sometimes known as Mrs. G. L. Sheen and recorded in the Record of Deeds with Harrison County, Mississippi in Book 372 on pages 210-14, and which was acquired by Vendor herein from LaGrange Realty, Inc., by deed dated September 19, 1956 It being specifically understood that the property sold by LaGrange Realty, Inc., to Mrs. Elizabeth Parker Moring is not included in-nor a part of the sale herein, which property conveyed to Mrs. Elizabeth Parker Moring is described as follows:
BEGIN at an iron pipe set in the South edge of Wolf River at a point 4017 feet West of the East line of Lot 21 of the Survey of the Alexander Dimitry Claim as located and being in Fractional Sections 10, 11, 14 and 15 of Township 8 South, Range 13 West, and from said point of beginning running Easterly following the meandering of the South bank of Wolf River a distance of 560 feet, more or less, to a point 30 feet East of the center of the abandoned approach to the old Wolf River Bridge; THENCE proceed South 17 degrees 10 minutes East along the East right of way of the old bridge approach a distance of 50 feet, more or less, to a point 60 feet, measured at right angles, from the wooden fence marking the Southern margin of said Right of Way; THENCE South 89 degrees 16 minutes East a distance of 126 feet to the West right of way of the New Wolf River Bridge (in place in December, 1955); THENCE South 19 degrees 16 minute East a distance of 63.9 feet; THENCE South 89 degrees 16 minutes East a distance of 110.6 feet; THENCE South 75 degrees 46 minutes East a distance of 120.5 feet; THENCE South 70 degrees 31 minutes East a distance of 105.7 feet; THENCE South 59 degrees 35 minutes East a distance of 443 feet to an iron pipe on the West right of way of the Pass Christian-DeLisle Road; THENCE South 27 degrees 38 minutes West a distance of 461.8 feet to an iron pipe; THENCE North 86 degrees 30 minutes West a distance of 2252 feet to an iron pipe set in a fence, continuing North 86 degrees 30 minutes West to the South margin of Wolf River, or the Bay of St. Louis, a line which is parallel to and 300 feet South of the South boundary of tract of land conveyed by LaGrange Realty, Inc., to Mrs. Elizabeth Parker Moring; THENCE Northeasterly and Easterly along the meanderings of the South Bank of Wolf River, or the Bay of St. Louis, to the intersection of the Southwest corner of the above mentioned tract of land conveyed by LaGrange Realty, Inc., to Mrs. Elizabeth Parker Morning, with the South Bank of said River; THENCE South 86 degrees 30 minutes East along the South line of the tract conveyed by LaGrange to Moring, to an iron pipe set in a fence by James A. Martin, Civil Engineer, that marks the Southeast corner of the said tract of land conveyed by LaGrange to Moring; THENCE North 7 degrees 30 minutes East a distance of 442.6 feet to the point of beginning.
That tract of land having a beginning point on the East and South Bank of Wolf River where the North margin of the right of way of the Pass Christian to DeLisle Public Highway intersects the same as the same was located on April 20, 1950; from said beginning point running in an easterly and northeasterly direction (toward Pass Christian), along said highway as the same was located on April 20, 1950, a distance of not less than 600 feet, to the east fence around old pecan orchard; THENCE in a northerly direction at right angels to said highway, a distance of 120 feet; THENCE in a westerly and southwesterly direction, parallel with said highway as the same was located on April 20, 1950, and 120 feet therefrom, to the east or south bank of Wolf River; THENCE in a westerly direction and southerly direction, along said river bank to the point of beginning.
There is excepted herefrom any and all lands platted as part of BAY ISLAND SUBDIVISION, as per the official map or plat thereof on file and of record in the office of the Chancery Clerk of Harrison County, First Judicial District, Mississippi, as well as the parcel reserved for cattle and the parcel marked beach area on the aforesaid map or plat of said Bay Island Subdivision.
**** All being the same property described by Instrument Number 2008-10082DJ1.***
AND ALSO:
Parcel 1: Beginning at the South margin of the right-of-way of Arcadia Farm Road and the East boundary of Lot No. 21, in Dimitry Claim; thence South 4,001.8 feet to a point; thence West 80 feet for a Point of Beginning; said point being 562 feet East of the East margin of Pass Christian-DeLisle Road; thence West 562 feet; thence South 21 degrees East 156 feet; thence South 02 degrees 14 minutes West 620 feet to the water's edge of Bayou Portage; thence, in a Northerly and Easterly direction along the shoreline of Bayou Portage to a point that is due South of the Point of Beginning; thence North 400 feet, more or less, to the Point of Beginning. Said property being located in Section 14, Township 8 South, Range 13 West, Harrison County, Mississippi.
ALSO:
An easement over a tract of land 80 feet in width measured East and West, which adjoins the above tract of land on the East, such easement to be used by grantee for the purpose of constructing, maintaining and using a canal 60 feet in width, on the West 60 feet thereof, as shown in warranty deed dated June 15, 1968, executed by John C. Ellis, Jr., in favor of Stanley M. Bebler, which appears of record in Book 612, at pages 191-192, of the Land Deed Records of the First Judicial District of Harrison County, Mississippi.
LESS AND EXCEPT:
A right of way easement (a strip of land 10x10 feet wide to construct, operate, maintain, add or remove such lines or systems of communication as Grantee may require) dated July 29, 1982, executed by John A. Bebler, CTA Estate of Stanley Bebler, in favor of South Central Bell Telephone Company, which appears of record in Book 937, at Page 528, of the aforesaid records.
Parcel 2: From the South margin of the Right of Way of Acadia Farm Road and the East boundary of Lot 21 in Dimitry Claim, run South 4001.8 feet, said point being also the Northeast corner of a parcel of land conveyed by John C. Ellis, Jr. to Stanley M. Bebler by Deed dated June 15, 1968, and recorded in Book 612, Page 191 of the Land Deed Records of the First Judicial District of Harrison County, Mississippi, said point being the point of beginning of the tract of land herein conveyed by this Option; thence North along the East line of said Lot 21 of Dimitry Claim a distance of 1101.8 feet to the Southeast corner of that certain tract of land conveyed by John C. Ellis, Jr. to Heritage Investment Corporation by Deed recorded in Book 618, Page 156 of the Land Deed Records of the First Judicial District of Harrison County, Mississippi; thence West 951 feet, more or less, to the East margin of paved public road known as Pass Christian-Delisle Road; thence South 5°7' West along the East margin of said road a distance of 278.2 feet; thence South 21°12' East along the East margin of said road a distance of 884 feet; thence run due East 642 feet to the point of beginning; the said property being located in and a part of Lots 17, 18, 19, 20 and 21 of the said Dimitry Claim and being bounded on the South by Stanley M. Bebler and on the North by Heritage Investment Corporation. There is also conveyed an 80 foot strip of land off the East side of Lot 21, commencing at the South line of the above described land and running South to Bayou Portage. Being the same property as described in the survey of Lugene Stenum, Surveyor, dated February 23, 1993, a copy of which is attached hereto as Exhibit "A".
Parcels 2 and 3:
A certain tract of land located in and being a part of Lots 15-21, inclusive of the Alexander Dimitry Claim, Harrison County, Mississippi, and being more particularly described as follows:
Beginning at a point on the East line of Lot 21 of said Alexander Dimitry Claim at a point which is the Southeast corner of a tract of land conveyed to A. C. Hutto by W.F. Slater by Deed which is recorded in Book 365, Page 22 of the Land Deed Records of Harrison County, Mississippi, which point is also described as being 1,568 feet south of Arcadia Bayou, and also said point is N00°37'03"W 10.76' from an iron pipe found; thence along the east line of Lot 21 of the Alexander Dimitry Claim, S00°37'03"E 2900.00' to an iron pipe found; thence S89°10'14"W 925.61' to an iron rod lying on the east margin of Henderson Avenue, A.K.A. Pass Christian-DeLisle Road; thence along said East margin N03°59'45"E 436.63'; thence further along said East margin N04°23'00"E 354.99'; thence further along said East margin, N04°45'41"E 899.24'; thence along a curve of said East margin to the left, having a radius of 229.96' and an arc length of 205.73', to a point being N20°52'08"W 198.94'; thence further along said East margin, N46°29'57"W 432.00'; thence along a curve of said margin to the left having a radius of 393.37' and an arch length of 185.05' to a point being N59°58'30"W 183.35'; thence N25°44'00"E 724.41' to a nail in asphalt; thence East 990.50' to the Point of Beginning, containing 62.886 acres, and being subject to the Right-of-Way for Arcadia Farm Road.
**** All being the same property described by Instrument Number 2008-10085DJ1.***
It is the intent of the grantors to convey to the Trustee for the benefit of the Beneficiary all property they own in the First Judicial District of Harrison County, Mississippi, whether herein described or not.
I WILL CONVEY only such title as is vested in me as Trustee.
THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PARTY REGARDING THE PROPERTY BEING CONVEYED.
WITNESS MY SIGNATURE, this April 23, 2026. ROBERT T. SCHWARTZ, ESQ. Trustee
Publish: April 26, 2026, May 3, 2026, May 10, 2026, May 17, 2026.
ROBERT T. SCHWARTZ, ESQ.
Trustee
IPL0334669
Apr 26,May 3,10,17 2026