Legals for September 8, 2010 Part 1
Legals for September 8, 2010 Part 1
1004 CONDEMNATIONS
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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. §16-13-49(n), any party claiming an interest in the following property is hereby notified that on August 19, 2010, said property was seized by the undersigned agency in Dodge County, Georgia:
2007 Cadillac Escalade, Tag# BC9U89, Vin# 1GYEC63807R414980
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. §16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 30th day of August, 2010.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
TREY WILLIAMS
Oconee Drug Task Force
327 Pearl Bates Avenue
Eastman, GA 31023
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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. §16-13-49(n), any party claiming an interest in the following property is hereby notified that on August 19, 2010, said property was seized by the undersigned agency in Dodge County, Georgia:
2007 Ford F-350 Super Duty Diesel, Tag# BQ1BN3,
Vin# 1FTSX31FXYEC22259; 2004 Dodge Ram 3500 Diesel,
Vin# 3D7MA48C54G152416
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. §16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 30th day of August, 2010.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
TREY WILLIAMS
Oconee Drug Task Force
327 Pearl Bates Avenue
Eastman, GA 31023
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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. §16-13-49(n), any party claiming an interest in the following property is hereby notified that on August 19, 2010, said property was seized by the undersigned agency in Dodge County, Georgia:
1984 Oldsmobile Cutlass,
Tag# BQ96FI,
Vin# 1G3AR47A7EM352251
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. §16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 30th day of August, 2010.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
TREY WILLIAMS
Oconee Drug Task Force
327 Pearl Bates Avenue
Eastman, GA 31023
1007 DEBTORS AND CREDITORS
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Notice to Debtors and Creditors
RE: Estate of D. W. CRANE, deceased
All creditors of the Estate of D. W. CRANE, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to Executrix.
This 19th day of July, 2010.
MICHAEL DAVID CRANE and KATHY C. WOODHAM,
Co-Executors of last will
and testament of
D. W. CRANE, deceased
5023 Delacy Street
Eastman, Georgia 31023
Milton Harrison
Attorney at Law
P.O. Box 0967
Eastman, Georgia 31023
(478)374-4346
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NOTICE TO DEBTORS AND CREDITORS
RE: ESTATE OF PAULINE M. BURCH, DECEASED
All creditors of the Estate of PAULINE M. BURCH, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to Executor.
This 25th day of August, 2010.
PRENTICE C. BURCH, SR.,
EXECUTOR OF LAST WILL AND TESTAMENT OF
PAULINE M. BURCH, DECEASED
P. O. Box 104
Eastman, GA 31023
MILTON HARRISON
ATTORNEY AT LAW
P. O. Box 0967
Eastman, Georgia 31023
(478) 374-4346
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NOTICE TO DEBTORS AND CREDITORS
RE: Estate of EMMA LOU F. PARKERSON, deceased
All creditors of the Estate of EMMA LOU F. PARKERSON, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 1st day of September, 2010.
SUZANNE F. YOUNG
Administrator for the Estate of
EMMA LOU F. PARKERSON,
deceased
25 Elm Ridge Boulevard
Huntsville, Alabama 35824
1011 FORECLOSURES
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NOTICE OF FORECLOSURE
GEORGIA, DODGE COUNTY.
UNDER AND BY VIRTUE of that power of sale contained in that certain deed to secure debt from JAMES CHRISTOPHER AXON of Dodge County, Georgia, dated August 1, 2002, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 414, Pages 291-293, the undersigned will sell at public outcry before the Courthouse Door in the County of Dodge, City of Eastman, Georgia, between the legal hours of sale to the highest and best bidder for cash on the first Tuesday in October 2010, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, and being Lot Number 4 in Block “F” of that subdivision in said City known as Jessup Heights, a plat thereof being recorded in Office of Clerk, Dodge Superior Court, in Plat Book 5, Page 131, which plat and the record thereof are incorporated herein by reference. Said property is more particularly described as follows: BEGIN at the intersection formed by the Southwest right of way line of Green Hill Road and the Northwest right of way line of 4th Avenue; thence run along the Northwest right of way line of 4th Avenue South 43 degrees 00 minutes 00 seconds West a distance of 113.03 feet to a point; thence run North 47 degrees 02 minutes 22 seconds West a distance of 144 feet to a point; thence run North 45 degrees 53 minutes 05 seconds East a distance of 117.24 feet to a point located on the Southwest right of way line of Green Hill Road; thence run along said right of way line South 45 degrees 21 minutes 15 seconds East a distance of 138.16 feet back to the place or POINT OF BEGINNING. According to a Plat of Survey prepared by William P. Johnson, Ga. R.L.S. No. 1713, dated 03/03/94, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 26, Page 125, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
Said described property is subject to the following restrictions: That the property be used for residential purposes only; that no fence can be built higher than 5 feet; that no fence may extend any further to the front than the front line of the dwelling; that there must be a ten foot clearance from the property line on both sides of the residence; that the residence constructed on said property shall contain not less than 1,300 square feet excluding connections such as porches, car ports, breeze-ways, garages, terraces, etc.; that the carport or garage must open to the back or side of the house if the square footage is less than 1,500 square feet.
Said deed was given to secure the payment of a promissory note in the principal sum of $87,605.50 as well as any other debts now owing or hereinafter incurred by JAMES CHRISTOPHER AXON or his assigns, together with all extensions and renewals thereof in whole or in part whether evidenced by a new note, extension agreement or otherwise.
The said JAMES CHRISTOPHER AXON having defaulted in the payments due on one or more of said note(s), BANK OF EASTMAN has declared the entire indebtedness secured by said deed to secure debt due and payable and the power of sale contained in said deed has become operative.
The undersigned, through its attorney at law, has given notice to bind the maker of said deed to secure debt and note for attorneys fees in the amount of Fifteen (15%) percent of the principal and interest all as provided for in said deed to secure debt and attorneys fees will be claimed.
The proceeds of sale will be applied first to the payment of all debts se-
cured by said deed to secure debt, all unpaid taxes and assessments and expenses of sale, including attorney’s fees and the remainder, if any, will be paid to the person or persons legally entitled thereto.
This the 2nd day of September, 2010.
BANK OF EASTMAN
By and through its attorney:
John P. Harrington
of JOHN P. HARRINGTON, LLC
D/B/A SMITH AND
HARRINGTON
P.O. Drawer 130
Eastman, GA 31023
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NOTICE OF SALE UNDER POWER
Under power of sale contained in a security deed from Charles Patrick Sapp and Robert Way to Security Bank of Jones County, dated February 2, 2005, recorded in Deed Book 500, page 130, Clerk’s Office, Dodge Superior Court, said security deed having been given to secure a Note dated November 30, 2006, for $580,999.80, all as transferred to State Bank and Trust Company, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Dodge County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the property described as follows:
All that part of Lot of Land Number Six (6) in the 15th Land District of Dodge County, Georgia, described as BEGINNING on the Southwest side of U.S. Highways #23 and #341 which is 918 feet Southeast of its point of intersection with the Northwest lot line of said Lot Number 6 and thence run in a direction of South 38°30’ East a distance of 210 feet; thence in a direction of South 58°54’ West a distance of 80 feet; thence in a direction of South 38°30’ East a distance of 20 feet to lands now or formerly of Fagan Tractor & Implement Company; thence in a direction of South 58°54’ West a distance of 500 feet; thence in a direction of North 38°30’ West a distance of 230 feet; thence in a direction of North 58°54’ East a distance of 580 feet to U.S. Highways No. 23 and No. 341 and the POINT OF BEGINNING, containing 3 acres, more or less.
A plat of said property herein conveyed is shown on the plat of a survey made by Carey Treadwell on October 24, 1972, and recorded in Plat Book 11, page 142, Clerk’s Office, Dodge Superior Court.
The note is declared due because of non-payment. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
To the best knowledge of the undersigned the property is in the possession of Charles Patrick Sapp and it will be sold subject to any outstanding ad valorem taxes and/or assessments and any easements or restrictions of record, having priority over this security deed.
State Bank and Trust
Company
as attorney in fact for
Charles Patrick Sapp
Ian M. McMullen
James, Bates, Pope & Spivey, LLP
P.O. Box 4283
Macon, GA 31208-4283
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from CHARLES E. SIMMONS to CITIZENS BANK & TRUST COMPANY, dated August 30, 2002, and recorded in Deed Book 416, page 342, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder before the Courthouse Door at Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the 20th Land District of Dodge County, Georgia, and being a portion of Land Lot No. 35 in said District containing 41.86 acres, more or less, and being in the form of a rectangle running entirely across the Northeast side of said Land Lot No. 35 measuring 9.2 chains Northwest and Southwest and measuring 45 chains Southeast and Northeast, said tract is bounded on the Northwest, Northeast and Southeast by the original lines of said lot and said tract being more fully shown on the plat a of survey dated January 15, 1932, and designated on said plat as Parcel No. 1, said plat being of record in the Office of the Clerk of Dodge Superior Court in Deed Book 32, page 591. Said plat and the record thereof being made a part hereof by this reference for descriptive and all other legal purposes.
LESS AND EXCEPT a tract of land containing one (1) acre, more or less, which is more particularly described according to a Plat of Survey by W. P. Johnson and Associates, Registered Land Surveyor No. 1713, dated 10/19/00, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 31, page 96, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
The debt secured by said security deed has been and is hereby declared due because of, among other possible events of default, failure to make payments in accordance with the terms of said note. The debt remaining in
default, this sale will be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees.
Said property will be sold subject to ad valorem taxes which are due or which are a lien; matters which might be disclosed by an accurate survey and inspection of the property; and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the security deed being foreclosed.
Citizens Bank & Trust
Company
As Attorney-in-Fact for
Charles E. Simmons
SUMNER & AVERY, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated April 28, 2009, executed by BRYAN B. HARDY to EXCHANGE BANK, recorded in Deed Book 632, Page 236, Dodge County, Georgia Deed Records, and securing a Note in the original principal amount of $175,950.00, Exchange Bank, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Dodge County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lot Number 67 in the 20th Land District of Dodge County, Georgia, shown and delineated on the plat of a survey made by Carey E. Treadwell and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 17 at Page 208, and designated as Tract “D” containing 3.99 acres, more or less, which said plat and the record thereof are incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
Subject to existing easements for public roads and utilities.
The aforedescribed real property is known as 767 Hardy Road, Eastman, Georgia 31023 according to the present system of numbering houses in Dodge County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold either as separate parcels or together as one parcel as Exchange Bank may in its sole discretion determine, and subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Bryan B. Hardy and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
EXCHANGE BANK
as Attorney-in-Fact for
BRYAN B. HARDY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from DONALD HARRELL AND LATASHA HARRELL to CITIZENS BANK & TRUST COMPANY, dated December 17, 2009, and recorded in Deed Book 647, page 110, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder before the Courthouse Door at Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land situate, lying and being in the City of Eastman, Dodge County, Georgia, and described as follows: Beginning at a point on the Northeast side of College Street which is 669 feet Southeast of the East corner of First Avenue and College Street and which Beginning Point is also the South corner of lands now or formerly of M. W. Harrell; thence running along the Harrell line in a
direction of North 66 degrees East a distance of 150 feet to lands now or formerly of Clark; thence in a direction of South 13 degrees 30 minutes East a distance of 75 feet; thence in a direction of North 66 degrees 45 minutes East a distance of 125 feet to the right-of-way of Southern Rail Co.; thence along said right-of-way a direction of South 17 degrees 15 minutes East a distance of 53 feet to lands now or formerly of Mrs. Joe Graham; thence along the Graham line in a direction of South 66 degrees 45 minutes West a distance of 277 feet to the Northeast right-of-way line of College Street; thence along College Street in a direction of North 13 degrees 45 minutes West a distance of 124 feet to the Point of Beginning; being further described in that certain Plat of Survey by Harrell and Ross Surveyors, dated April, 1966, which Plat is found recorded in Plat Book 7, Page 89, in the Office of the Clerk of Superior Court of Dodge County, Georgia; said Plat is by reference incorporated herein and made a part hereof. Said lands are the identical lands described in and conveyed in that certain Deed from Alta S. Clem and Jeffrey B. Clem to Donald R. Harrell and Latasha L. Harrell, dated April 6, 1999 recorded in Deed Book 327, Pages 171-172, in the Office of the Clerk of Superior Court of Dodge County, Georgia.
Subject to existing easements for public roads and utilities.
The debt secured by said security deed has been and is hereby declared due because of, among other possible events of default, failure to make payments in accordance with the terms of said note. The debt remaining in default, this sale will be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees.
Said property will be sold subject to ad valorem taxes which are due or which are a lien; matters which might be disclosed by an accurate survey and inspection of the property; and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the security deed being foreclosed.
Citizens Bank & Trust Company
As Attorney-in-Fact for
Donald Harrell and
Latasha Harrell
SUMNER & AVERY, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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NOTICE OF SALE UNDER POWER
Whereas, Angela A. Shurley and Wyndol M. Shurley (“Borrowers”) did execute to First Financial Bank (“Lender”), certain Deeds to Secure Debt to the following lands:
TRACT 1:
All that tract or parcel of land situate, lying and being in Land Lot 177 in the 20th Land District of Dodge County, Georgia (adjacent to the Pulaski County line), containing 10.91 acres. Said tract lies oil the northerly side of a county public road known as County Road No. 277 a/k/a Jones Road, and is more particularly described according to a plat of survey thereof prepared by Olin J. McLeod, Surveyor, on December 13, 1994, which plat, of record in Plat Book 26, page 287, Clerk’s. Office, Dodge Superior Court, is incorporated herein in aid of this description and for all legal purposes. Refer to said Plat for the metes, bounds, courses and distances of said tract.
TRACT II:
All that tract or parcel of land containing, after exception hereinafter provided, 52.97 acres, more or less, in Land Lot 177 of the 20th Land District of Dodge County, Georgia, the original tract with exception thereto being more fully described as follows:
Those certain two (2) tracts of land comprising 100 acres, more or less, situate, lying and being in Land Lot 177 in the 20th Land District of Dodge County, Georgia, which two bodies lie together and form one contiguous tract or body of land and being more particularly described as follows: All that tract or parcel of land situate, lying and being in Dodge County, Georgia, the same being 50 acres of land in Land Lot 177 in the 20th Land District of said county in the shape of a rectangle bounded on the northwest by Land Lot 178 in the 20th Land District of Pulaski County, the property now or formerly owned by Ben Gordon; bounded on the northeast by Land Lot 154 in the 20th Land District of Dodge County, Georgia, the property now or formerly owned by Ben Gordon, and property owned by Lon Jones; bounded on the southeast by a 50 acre strip of land now or formerly owned by J. W. Whigham, the said Whigham land being a rectangle lying broadside to the southeast boundary of Lot No. 177 and being part of Land Lot No. 177; bounded on the southwest by lands now or formerly owned by Thomas Holmes, formerly the place where Peter Bud lived and ALSO 50 acres of land, more or less, of Land Lot 177 in the 20th Land District of Dodge County. Georgia. same being the part of said lot remaining after cutting out 50 acres across the southeast side and 50 acres off each the southeast and southwest sides of the remaining part, the same being in the form of a rectangle in the northwest central
portion of said lot. Being the same property as that described in a warranty deed dated May 7, 1974, from Morris Alton Hughes to Lock Wood Whigham, III and Janis H. Whigham of record in Deed Book 135, pages 549-550, Dodge County, Georgia, deed records. LESS AND EXCEPT all that tract or parcel of land containing 47.03 acres lying in the north corner of Land Lot 177 in the 20th Land District of Dodge County, Georgia, and bound now or formerly as follows: Northwest by the northwest land lot line of said Land Lot 177 and which line is also the county line between Dodge County, Georgia, and Pulaski County, Georgia, and separating the subject property from lands of ITT Rayonier, Inc.; northeast by the northeast land lot line of said Land Lot 177 separating the subject property from lands of ITT Rayonier, Inc. and lands of Lofton Jones; south by an unpaved county public road; and, southwest by a small portion of lands of Charlie Colson. Being that portion of certain property conveyed by Moms Alton Hughes to Lock Wood Whigham, III and Janis H. Whigham by deed dated May 7, 1974, and recorded in Deed Book 135 at pages 549-550, Clerk’s Office, Dodge Superior Court, which lies north of said unpaved county public road. The described excepted property being more particularly identified according to a plat of survey thereof prepared by Olin J. McLeod, Surveyor, on April 16, 1987, which plat is recorded in Plat Book 22 at pages 208, in the public records of Dodge County, Georgia.
Both tracts subject to existing easements and rights-of-way for public roads and utilities now in use.
Together with the following described double-wide mobile home located on the aforesaid property: (1) That certain 2001 Palm Harbor Mobile Home, Model #11P360A3, Certificate of Title #778700080784111; (2) That certain 2001 Palm Harbor Mobile Home Model #11P360A3, Certificate of Title #778701080783111.
The foregoing hereinafter collectively referenced to as the “Property”.
To secure a note by Borrowers dated August 6, 2007, in the principal sum of Twenty-Seven Thousand and 00/100 Dollars ($27,000.00), and all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrowers by Lender, and all other indebtedness of Borrowers to Lender, all as is more particularly shown by that certain Deed to Secure Debt dated August 6, 2007, recorded in Deed Book 583, Pages 14-22, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
To secure a note by Borrowers dated August 6, 2007, in the principal sum of Twenty-Seven Thousand and 00/100 Dollars ($27,000.00), and all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrowers by Lender, and all other indebtedness of Borrowers to Lender, all as is more particularly shown by that certain Deed to Secure Debt dated August 6, 2007, recorded in Deed Book 583, Pages 14-22, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
To secure a note by Borrowers dated June 10, 2009, in the principal sum of Fifteen Thousand Eight Hundred and 00/100 Dollars ($15,800.00), and all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrowers by Lender, and all other indebtedness of Borrowers to Lender, all as is more particularly shown by that certain Deed to Secure Debt dated June 10, 2009, recorded in Deed Book 637, Pages 302-310, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
Whereas, the aforesaid Deeds to Secure Debt and the indebtednesses secured thereby are owned and held by Lender.
Whereas, the Borrowers defaulted by failing to pay the indebtednesses secured by said Deeds to Secure Debt and in accordance with the provisions of the notes and said Deeds to Secure Debt, the undersigned has exercised its option to declare the remainder of said indebtednesses immediately due and collectible.
Now, therefore, according to the terms of the said Deeds to Secure Debt and the law in such cases made and provided, the undersigned will expose the property for sale to the highest and best bidder, after proper advertisement, on the first Tuesday in October, 2010 between the legal hours of sale before the Courthouse door in Eastman, Dodge County, Georgia.
The proceeds from said sale will be used first for the payment of the total indebtednesses now owed Lender, including principal, interest, attorney’s fees and expenses, and the balance, if any, will be delivered to the persons legally entitled thereto.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Ms. Paula M. Davis
Vice President, Special Assets
First Financial Bank
P.O. Box 1754
El Dorado, AR 71749
Office Phone: 870-881-5241
Office Fax: 870-881-5374
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the security instruments.
Notice of the initiation of proceedings to exercise the power of sale contained in said Deeds to Secure Debt has been provided to Borrowers in accordance with O.C.G.A. Section 44-14-162.2.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to said Deed to Secure Debt first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property are Borrowers or their tenant or tenants. Said property is located at 1630 Lofton Jones Road, Hawkinsville, Georgia 31036.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of said Deeds to Secure Debt.
This 26th day of August, 2010.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FIRST FINANCIAL BANK
David A. Kendrick of
Kirbo & Kendrick, LLC
as Attorneys
for First Financial Bank
Attorney-in-fact for
Angela A. Shurley and Wyndol M. Shurley
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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. §16-13-49(n), any party claiming an interest in the following property is hereby notified that on August 19, 2010, said property was seized by the undersigned agency in Dodge County, Georgia:
2007 Cadillac Escalade, Tag# BC9U89, Vin# 1GYEC63807R414980
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. §16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 30th day of August, 2010.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
TREY WILLIAMS
Oconee Drug Task Force
327 Pearl Bates Avenue
Eastman, GA 31023
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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. §16-13-49(n), any party claiming an interest in the following property is hereby notified that on August 19, 2010, said property was seized by the undersigned agency in Dodge County, Georgia:
2007 Ford F-350 Super Duty Diesel, Tag# BQ1BN3,
Vin# 1FTSX31FXYEC22259; 2004 Dodge Ram 3500 Diesel,
Vin# 3D7MA48C54G152416
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. §16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 30th day of August, 2010.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
TREY WILLIAMS
Oconee Drug Task Force
327 Pearl Bates Avenue
Eastman, GA 31023
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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. §16-13-49(n), any party claiming an interest in the following property is hereby notified that on August 19, 2010, said property was seized by the undersigned agency in Dodge County, Georgia:
1984 Oldsmobile Cutlass,
Tag# BQ96FI,
Vin# 1G3AR47A7EM352251
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. §16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 30th day of August, 2010.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
TREY WILLIAMS
Oconee Drug Task Force
327 Pearl Bates Avenue
Eastman, GA 31023
1007 DEBTORS AND CREDITORS
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Notice to Debtors and Creditors
RE: Estate of D. W. CRANE, deceased
All creditors of the Estate of D. W. CRANE, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to Executrix.
This 19th day of July, 2010.
MICHAEL DAVID CRANE and KATHY C. WOODHAM,
Co-Executors of last will
and testament of
D. W. CRANE, deceased
5023 Delacy Street
Eastman, Georgia 31023
Milton Harrison
Attorney at Law
P.O. Box 0967
Eastman, Georgia 31023
(478)374-4346
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NOTICE TO DEBTORS AND CREDITORS
RE: ESTATE OF PAULINE M. BURCH, DECEASED
All creditors of the Estate of PAULINE M. BURCH, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to Executor.
This 25th day of August, 2010.
PRENTICE C. BURCH, SR.,
EXECUTOR OF LAST WILL AND TESTAMENT OF
PAULINE M. BURCH, DECEASED
P. O. Box 104
Eastman, GA 31023
MILTON HARRISON
ATTORNEY AT LAW
P. O. Box 0967
Eastman, Georgia 31023
(478) 374-4346
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NOTICE TO DEBTORS AND CREDITORS
RE: Estate of EMMA LOU F. PARKERSON, deceased
All creditors of the Estate of EMMA LOU F. PARKERSON, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 1st day of September, 2010.
SUZANNE F. YOUNG
Administrator for the Estate of
EMMA LOU F. PARKERSON,
deceased
25 Elm Ridge Boulevard
Huntsville, Alabama 35824
1011 FORECLOSURES
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NOTICE OF FORECLOSURE
GEORGIA, DODGE COUNTY.
UNDER AND BY VIRTUE of that power of sale contained in that certain deed to secure debt from JAMES CHRISTOPHER AXON of Dodge County, Georgia, dated August 1, 2002, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 414, Pages 291-293, the undersigned will sell at public outcry before the Courthouse Door in the County of Dodge, City of Eastman, Georgia, between the legal hours of sale to the highest and best bidder for cash on the first Tuesday in October 2010, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, and being Lot Number 4 in Block “F” of that subdivision in said City known as Jessup Heights, a plat thereof being recorded in Office of Clerk, Dodge Superior Court, in Plat Book 5, Page 131, which plat and the record thereof are incorporated herein by reference. Said property is more particularly described as follows: BEGIN at the intersection formed by the Southwest right of way line of Green Hill Road and the Northwest right of way line of 4th Avenue; thence run along the Northwest right of way line of 4th Avenue South 43 degrees 00 minutes 00 seconds West a distance of 113.03 feet to a point; thence run North 47 degrees 02 minutes 22 seconds West a distance of 144 feet to a point; thence run North 45 degrees 53 minutes 05 seconds East a distance of 117.24 feet to a point located on the Southwest right of way line of Green Hill Road; thence run along said right of way line South 45 degrees 21 minutes 15 seconds East a distance of 138.16 feet back to the place or POINT OF BEGINNING. According to a Plat of Survey prepared by William P. Johnson, Ga. R.L.S. No. 1713, dated 03/03/94, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 26, Page 125, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
Said described property is subject to the following restrictions: That the property be used for residential purposes only; that no fence can be built higher than 5 feet; that no fence may extend any further to the front than the front line of the dwelling; that there must be a ten foot clearance from the property line on both sides of the residence; that the residence constructed on said property shall contain not less than 1,300 square feet excluding connections such as porches, car ports, breeze-ways, garages, terraces, etc.; that the carport or garage must open to the back or side of the house if the square footage is less than 1,500 square feet.
Said deed was given to secure the payment of a promissory note in the principal sum of $87,605.50 as well as any other debts now owing or hereinafter incurred by JAMES CHRISTOPHER AXON or his assigns, together with all extensions and renewals thereof in whole or in part whether evidenced by a new note, extension agreement or otherwise.
The said JAMES CHRISTOPHER AXON having defaulted in the payments due on one or more of said note(s), BANK OF EASTMAN has declared the entire indebtedness secured by said deed to secure debt due and payable and the power of sale contained in said deed has become operative.
The undersigned, through its attorney at law, has given notice to bind the maker of said deed to secure debt and note for attorneys fees in the amount of Fifteen (15%) percent of the principal and interest all as provided for in said deed to secure debt and attorneys fees will be claimed.
The proceeds of sale will be applied first to the payment of all debts se-
cured by said deed to secure debt, all unpaid taxes and assessments and expenses of sale, including attorney’s fees and the remainder, if any, will be paid to the person or persons legally entitled thereto.
This the 2nd day of September, 2010.
BANK OF EASTMAN
By and through its attorney:
John P. Harrington
of JOHN P. HARRINGTON, LLC
D/B/A SMITH AND
HARRINGTON
P.O. Drawer 130
Eastman, GA 31023
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NOTICE OF SALE UNDER POWER
Under power of sale contained in a security deed from Charles Patrick Sapp and Robert Way to Security Bank of Jones County, dated February 2, 2005, recorded in Deed Book 500, page 130, Clerk’s Office, Dodge Superior Court, said security deed having been given to secure a Note dated November 30, 2006, for $580,999.80, all as transferred to State Bank and Trust Company, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Dodge County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the property described as follows:
All that part of Lot of Land Number Six (6) in the 15th Land District of Dodge County, Georgia, described as BEGINNING on the Southwest side of U.S. Highways #23 and #341 which is 918 feet Southeast of its point of intersection with the Northwest lot line of said Lot Number 6 and thence run in a direction of South 38°30’ East a distance of 210 feet; thence in a direction of South 58°54’ West a distance of 80 feet; thence in a direction of South 38°30’ East a distance of 20 feet to lands now or formerly of Fagan Tractor & Implement Company; thence in a direction of South 58°54’ West a distance of 500 feet; thence in a direction of North 38°30’ West a distance of 230 feet; thence in a direction of North 58°54’ East a distance of 580 feet to U.S. Highways No. 23 and No. 341 and the POINT OF BEGINNING, containing 3 acres, more or less.
A plat of said property herein conveyed is shown on the plat of a survey made by Carey Treadwell on October 24, 1972, and recorded in Plat Book 11, page 142, Clerk’s Office, Dodge Superior Court.
The note is declared due because of non-payment. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
To the best knowledge of the undersigned the property is in the possession of Charles Patrick Sapp and it will be sold subject to any outstanding ad valorem taxes and/or assessments and any easements or restrictions of record, having priority over this security deed.
State Bank and Trust
Company
as attorney in fact for
Charles Patrick Sapp
Ian M. McMullen
James, Bates, Pope & Spivey, LLP
P.O. Box 4283
Macon, GA 31208-4283
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from CHARLES E. SIMMONS to CITIZENS BANK & TRUST COMPANY, dated August 30, 2002, and recorded in Deed Book 416, page 342, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder before the Courthouse Door at Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the 20th Land District of Dodge County, Georgia, and being a portion of Land Lot No. 35 in said District containing 41.86 acres, more or less, and being in the form of a rectangle running entirely across the Northeast side of said Land Lot No. 35 measuring 9.2 chains Northwest and Southwest and measuring 45 chains Southeast and Northeast, said tract is bounded on the Northwest, Northeast and Southeast by the original lines of said lot and said tract being more fully shown on the plat a of survey dated January 15, 1932, and designated on said plat as Parcel No. 1, said plat being of record in the Office of the Clerk of Dodge Superior Court in Deed Book 32, page 591. Said plat and the record thereof being made a part hereof by this reference for descriptive and all other legal purposes.
LESS AND EXCEPT a tract of land containing one (1) acre, more or less, which is more particularly described according to a Plat of Survey by W. P. Johnson and Associates, Registered Land Surveyor No. 1713, dated 10/19/00, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 31, page 96, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
The debt secured by said security deed has been and is hereby declared due because of, among other possible events of default, failure to make payments in accordance with the terms of said note. The debt remaining in
default, this sale will be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees.
Said property will be sold subject to ad valorem taxes which are due or which are a lien; matters which might be disclosed by an accurate survey and inspection of the property; and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the security deed being foreclosed.
Citizens Bank & Trust
Company
As Attorney-in-Fact for
Charles E. Simmons
SUMNER & AVERY, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated April 28, 2009, executed by BRYAN B. HARDY to EXCHANGE BANK, recorded in Deed Book 632, Page 236, Dodge County, Georgia Deed Records, and securing a Note in the original principal amount of $175,950.00, Exchange Bank, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Dodge County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lot Number 67 in the 20th Land District of Dodge County, Georgia, shown and delineated on the plat of a survey made by Carey E. Treadwell and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 17 at Page 208, and designated as Tract “D” containing 3.99 acres, more or less, which said plat and the record thereof are incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
Subject to existing easements for public roads and utilities.
The aforedescribed real property is known as 767 Hardy Road, Eastman, Georgia 31023 according to the present system of numbering houses in Dodge County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold either as separate parcels or together as one parcel as Exchange Bank may in its sole discretion determine, and subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Bryan B. Hardy and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
EXCHANGE BANK
as Attorney-in-Fact for
BRYAN B. HARDY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from DONALD HARRELL AND LATASHA HARRELL to CITIZENS BANK & TRUST COMPANY, dated December 17, 2009, and recorded in Deed Book 647, page 110, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder before the Courthouse Door at Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land situate, lying and being in the City of Eastman, Dodge County, Georgia, and described as follows: Beginning at a point on the Northeast side of College Street which is 669 feet Southeast of the East corner of First Avenue and College Street and which Beginning Point is also the South corner of lands now or formerly of M. W. Harrell; thence running along the Harrell line in a
direction of North 66 degrees East a distance of 150 feet to lands now or formerly of Clark; thence in a direction of South 13 degrees 30 minutes East a distance of 75 feet; thence in a direction of North 66 degrees 45 minutes East a distance of 125 feet to the right-of-way of Southern Rail Co.; thence along said right-of-way a direction of South 17 degrees 15 minutes East a distance of 53 feet to lands now or formerly of Mrs. Joe Graham; thence along the Graham line in a direction of South 66 degrees 45 minutes West a distance of 277 feet to the Northeast right-of-way line of College Street; thence along College Street in a direction of North 13 degrees 45 minutes West a distance of 124 feet to the Point of Beginning; being further described in that certain Plat of Survey by Harrell and Ross Surveyors, dated April, 1966, which Plat is found recorded in Plat Book 7, Page 89, in the Office of the Clerk of Superior Court of Dodge County, Georgia; said Plat is by reference incorporated herein and made a part hereof. Said lands are the identical lands described in and conveyed in that certain Deed from Alta S. Clem and Jeffrey B. Clem to Donald R. Harrell and Latasha L. Harrell, dated April 6, 1999 recorded in Deed Book 327, Pages 171-172, in the Office of the Clerk of Superior Court of Dodge County, Georgia.
Subject to existing easements for public roads and utilities.
The debt secured by said security deed has been and is hereby declared due because of, among other possible events of default, failure to make payments in accordance with the terms of said note. The debt remaining in default, this sale will be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees.
Said property will be sold subject to ad valorem taxes which are due or which are a lien; matters which might be disclosed by an accurate survey and inspection of the property; and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the security deed being foreclosed.
Citizens Bank & Trust Company
As Attorney-in-Fact for
Donald Harrell and
Latasha Harrell
SUMNER & AVERY, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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NOTICE OF SALE UNDER POWER
Whereas, Angela A. Shurley and Wyndol M. Shurley (“Borrowers”) did execute to First Financial Bank (“Lender”), certain Deeds to Secure Debt to the following lands:
TRACT 1:
All that tract or parcel of land situate, lying and being in Land Lot 177 in the 20th Land District of Dodge County, Georgia (adjacent to the Pulaski County line), containing 10.91 acres. Said tract lies oil the northerly side of a county public road known as County Road No. 277 a/k/a Jones Road, and is more particularly described according to a plat of survey thereof prepared by Olin J. McLeod, Surveyor, on December 13, 1994, which plat, of record in Plat Book 26, page 287, Clerk’s. Office, Dodge Superior Court, is incorporated herein in aid of this description and for all legal purposes. Refer to said Plat for the metes, bounds, courses and distances of said tract.
TRACT II:
All that tract or parcel of land containing, after exception hereinafter provided, 52.97 acres, more or less, in Land Lot 177 of the 20th Land District of Dodge County, Georgia, the original tract with exception thereto being more fully described as follows:
Those certain two (2) tracts of land comprising 100 acres, more or less, situate, lying and being in Land Lot 177 in the 20th Land District of Dodge County, Georgia, which two bodies lie together and form one contiguous tract or body of land and being more particularly described as follows: All that tract or parcel of land situate, lying and being in Dodge County, Georgia, the same being 50 acres of land in Land Lot 177 in the 20th Land District of said county in the shape of a rectangle bounded on the northwest by Land Lot 178 in the 20th Land District of Pulaski County, the property now or formerly owned by Ben Gordon; bounded on the northeast by Land Lot 154 in the 20th Land District of Dodge County, Georgia, the property now or formerly owned by Ben Gordon, and property owned by Lon Jones; bounded on the southeast by a 50 acre strip of land now or formerly owned by J. W. Whigham, the said Whigham land being a rectangle lying broadside to the southeast boundary of Lot No. 177 and being part of Land Lot No. 177; bounded on the southwest by lands now or formerly owned by Thomas Holmes, formerly the place where Peter Bud lived and ALSO 50 acres of land, more or less, of Land Lot 177 in the 20th Land District of Dodge County. Georgia. same being the part of said lot remaining after cutting out 50 acres across the southeast side and 50 acres off each the southeast and southwest sides of the remaining part, the same being in the form of a rectangle in the northwest central
portion of said lot. Being the same property as that described in a warranty deed dated May 7, 1974, from Morris Alton Hughes to Lock Wood Whigham, III and Janis H. Whigham of record in Deed Book 135, pages 549-550, Dodge County, Georgia, deed records. LESS AND EXCEPT all that tract or parcel of land containing 47.03 acres lying in the north corner of Land Lot 177 in the 20th Land District of Dodge County, Georgia, and bound now or formerly as follows: Northwest by the northwest land lot line of said Land Lot 177 and which line is also the county line between Dodge County, Georgia, and Pulaski County, Georgia, and separating the subject property from lands of ITT Rayonier, Inc.; northeast by the northeast land lot line of said Land Lot 177 separating the subject property from lands of ITT Rayonier, Inc. and lands of Lofton Jones; south by an unpaved county public road; and, southwest by a small portion of lands of Charlie Colson. Being that portion of certain property conveyed by Moms Alton Hughes to Lock Wood Whigham, III and Janis H. Whigham by deed dated May 7, 1974, and recorded in Deed Book 135 at pages 549-550, Clerk’s Office, Dodge Superior Court, which lies north of said unpaved county public road. The described excepted property being more particularly identified according to a plat of survey thereof prepared by Olin J. McLeod, Surveyor, on April 16, 1987, which plat is recorded in Plat Book 22 at pages 208, in the public records of Dodge County, Georgia.
Both tracts subject to existing easements and rights-of-way for public roads and utilities now in use.
Together with the following described double-wide mobile home located on the aforesaid property: (1) That certain 2001 Palm Harbor Mobile Home, Model #11P360A3, Certificate of Title #778700080784111; (2) That certain 2001 Palm Harbor Mobile Home Model #11P360A3, Certificate of Title #778701080783111.
The foregoing hereinafter collectively referenced to as the “Property”.
To secure a note by Borrowers dated August 6, 2007, in the principal sum of Twenty-Seven Thousand and 00/100 Dollars ($27,000.00), and all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrowers by Lender, and all other indebtedness of Borrowers to Lender, all as is more particularly shown by that certain Deed to Secure Debt dated August 6, 2007, recorded in Deed Book 583, Pages 14-22, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
To secure a note by Borrowers dated August 6, 2007, in the principal sum of Twenty-Seven Thousand and 00/100 Dollars ($27,000.00), and all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrowers by Lender, and all other indebtedness of Borrowers to Lender, all as is more particularly shown by that certain Deed to Secure Debt dated August 6, 2007, recorded in Deed Book 583, Pages 14-22, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
To secure a note by Borrowers dated June 10, 2009, in the principal sum of Fifteen Thousand Eight Hundred and 00/100 Dollars ($15,800.00), and all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrowers by Lender, and all other indebtedness of Borrowers to Lender, all as is more particularly shown by that certain Deed to Secure Debt dated June 10, 2009, recorded in Deed Book 637, Pages 302-310, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
Whereas, the aforesaid Deeds to Secure Debt and the indebtednesses secured thereby are owned and held by Lender.
Whereas, the Borrowers defaulted by failing to pay the indebtednesses secured by said Deeds to Secure Debt and in accordance with the provisions of the notes and said Deeds to Secure Debt, the undersigned has exercised its option to declare the remainder of said indebtednesses immediately due and collectible.
Now, therefore, according to the terms of the said Deeds to Secure Debt and the law in such cases made and provided, the undersigned will expose the property for sale to the highest and best bidder, after proper advertisement, on the first Tuesday in October, 2010 between the legal hours of sale before the Courthouse door in Eastman, Dodge County, Georgia.
The proceeds from said sale will be used first for the payment of the total indebtednesses now owed Lender, including principal, interest, attorney’s fees and expenses, and the balance, if any, will be delivered to the persons legally entitled thereto.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Ms. Paula M. Davis
Vice President, Special Assets
First Financial Bank
P.O. Box 1754
El Dorado, AR 71749
Office Phone: 870-881-5241
Office Fax: 870-881-5374
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the security instruments.
Notice of the initiation of proceedings to exercise the power of sale contained in said Deeds to Secure Debt has been provided to Borrowers in accordance with O.C.G.A. Section 44-14-162.2.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to said Deed to Secure Debt first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property are Borrowers or their tenant or tenants. Said property is located at 1630 Lofton Jones Road, Hawkinsville, Georgia 31036.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of said Deeds to Secure Debt.
This 26th day of August, 2010.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FIRST FINANCIAL BANK
David A. Kendrick of
Kirbo & Kendrick, LLC
as Attorneys
for First Financial Bank
Attorney-in-fact for
Angela A. Shurley and Wyndol M. Shurley
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