Legals for September 29, 2010 Part 1
Legals for September 29, 2010 Part 1
1006 CORPORATIONS/BUSINESS
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NOTICE OF INCORPORATION
Notice is given that the Articles of Incorporation that will incorporate SEK, INC. will be delivered to the Secretary of State for filing in accordance with Georgia Business Corporation Code. The initial registered office of the corporation will be located at 405 Minter Drive; Eastman, Georgia 31023 and its initial registered agent at that address is STEPHEN KIRKLEY.
1007 DEBTORS AND CREDITORS
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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
STATE OF GEORGIA
COUNTY OF DODGE
All creditors of the estate of PRYOR L. HOWARD, JR., late of Dodge County, Georgia, deceased, 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.
This 6th day of August, 2010.
LOUISE CREWS HOWARD
Executrix of the Estate of
PRYOR L. HOWARD, JR.
C. Michael Johnson
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
(478) 374-4255
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NOTICE TO DEBTORS AND CREDITORS
RE: ESTATE OF CHARLES RICHARD WILSON, DECEASED
All creditors of the Estate of CHARLES RICHARD WILSON, 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 13th day of September, 2010.
YOMEGNE P. WILSON,
EXECUTRIX
Last will and testament of
CHARLES RICHARD WILSON, DECEASED
3352 Antioch Church Road
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 MELVIN BRYANT HUFF, deceased
All creditors of the Estate of MELVIN BRYANT HUFF, 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 7th day of September, 2010.
DUSTEE S. ROBINSON
198 Mariah
Abilene, Texas 79602
1011 FORECLOSURES
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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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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 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 and DORANN LORRAINE AXON of Dodge County, Georgia, dated July 13, 2007, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 581, Pages 288-289, 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 described as beginning at the North corner of the intersection of Anson Avenue and Page Street and run along the Northwest side of Anson Avenue a distance of one hundred forty-nine (149) feet as measured from the Northeast edge of the paving on Page Street, and to the center of a certain culvert; thence at right angles in a Northwest direction a distance of one hundred eighteen (118) feet to lands now or formerly belonging to Mrs. Annie S. Parkerson; thence at right angles in a Southwest direction a distance of one hundred forty-nine (149) feet to Page Street; thence along Page Street in a Southeast direction a distance of one hundred eighteen (118) feet to the point of beginning.
This being a portion of that same property conveyed to James Christopher Axon by Warranty Deed from Don Newton Parkerson a/k/a D. N. Parkerson dated March 19, 1999, and recorded in the Superior Court of Dodge County on April 14, 1999, in Deed Book 327, Pages 329-330.
Said deed was given to secure the payment of a promissory note in the principal sum of $77,154.57 as well as any other debts now owing or hereinafter incurred by JAMES CHRISTOPHER AXON and DORANN LORRAINE AXON or their 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 and DORANN LORRAINE 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 secured 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 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 secured 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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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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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 June 15, 2009, executed by ARTHUR RAY SHEPHERD, SR. AND ELAINE W. SHEPHERD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for PROVIDENT FUNDING ASSOCIATES, L.P., recorded in Deed Book 639, Page 169, Dodge County, Georgia Deed Records, and securing a Note in the original principal amount of $303,450.00, said Security Deed and Note having last been assigned to Provident Funding Associates, L.P., 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 No. 40 of the 15th District of Dodge County, Georgia, being 1.53 acres as shown on a plat dated May 17, 2002, drawn by W.P. Johnson and Assoc., Surveyors for B & G Investments, and recorded in Plat Book 32, Page 67, in the Clerk’s Office of Dodge Superior Court. Said plat and the record thereof are by reference incorporated herein and made a part hereof.
Said property is subject to restrictions of record in said Clerk’s Office in Deed Book 410, Page 41.
The aforedescribed real property is also known as 1471 Woodvalley Drive, 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 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 Arthur Ray Shepherd, Sr. and Elaine W. Shepherd 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.
PROVIDENT FUNDING
ASSOCIATES, L.P.
as Attorney-in-Fact for
ARTHUR RAY SHEPHERD, SR. AND ELAINE W. SHEPHERD
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 VIRGINIA H. BELFLOWER to CITIZENS BANK & TRUST COMPANY, dated June 11, 1999, and recorded in Deed Book 331, page 247, 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 Land Lot No. 33 in the 14th Land District of Dodge County, Georgia, containing 2.00 acres, more or less, and being more particularly described as follows: TO ESTABLISH THE POINT OF BEGINNING, BEGIN at the intersection formed by the centerline of County Road
338, which is also the apparent Southeast lot line of said land lot, and the centerline of S.C. Cadwell Road, also known as County Road 46, which is also the Southwest lot line of said land lot; thence run along the centerline of S.C. Cadwell Road North 38 degrees 34 minutes 30 seconds West a distance of 1260.86 feet to the POINT OF BEGINNING and from said POINT OF BEGINNING, thus established, continue to run along the center of said road North 38 degrees 34 minutes 30 seconds West a distance of 295.50 feet to a point; thence run North 52 degrees 34 minutes 37 seconds East a distance of 295.50 feet to a point; thence run South 38 degrees 34 minutes 30 seconds East a distance of 295.50 feet to a point; thence run South 52 degrees 34 minutes 37 seconds West a distance of 295.50 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 05/14/99, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 30, page 20, 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
Virginia H. Belflower
SUMNER & AVERY, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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NOTICE OF INCORPORATION
Notice is given that the Articles of Incorporation that will incorporate SEK, INC. will be delivered to the Secretary of State for filing in accordance with Georgia Business Corporation Code. The initial registered office of the corporation will be located at 405 Minter Drive; Eastman, Georgia 31023 and its initial registered agent at that address is STEPHEN KIRKLEY.
1007 DEBTORS AND CREDITORS
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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
STATE OF GEORGIA
COUNTY OF DODGE
All creditors of the estate of PRYOR L. HOWARD, JR., late of Dodge County, Georgia, deceased, 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.
This 6th day of August, 2010.
LOUISE CREWS HOWARD
Executrix of the Estate of
PRYOR L. HOWARD, JR.
C. Michael Johnson
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
(478) 374-4255
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NOTICE TO DEBTORS AND CREDITORS
RE: ESTATE OF CHARLES RICHARD WILSON, DECEASED
All creditors of the Estate of CHARLES RICHARD WILSON, 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 13th day of September, 2010.
YOMEGNE P. WILSON,
EXECUTRIX
Last will and testament of
CHARLES RICHARD WILSON, DECEASED
3352 Antioch Church Road
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 MELVIN BRYANT HUFF, deceased
All creditors of the Estate of MELVIN BRYANT HUFF, 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 7th day of September, 2010.
DUSTEE S. ROBINSON
198 Mariah
Abilene, Texas 79602
1011 FORECLOSURES
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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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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 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 and DORANN LORRAINE AXON of Dodge County, Georgia, dated July 13, 2007, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 581, Pages 288-289, 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 described as beginning at the North corner of the intersection of Anson Avenue and Page Street and run along the Northwest side of Anson Avenue a distance of one hundred forty-nine (149) feet as measured from the Northeast edge of the paving on Page Street, and to the center of a certain culvert; thence at right angles in a Northwest direction a distance of one hundred eighteen (118) feet to lands now or formerly belonging to Mrs. Annie S. Parkerson; thence at right angles in a Southwest direction a distance of one hundred forty-nine (149) feet to Page Street; thence along Page Street in a Southeast direction a distance of one hundred eighteen (118) feet to the point of beginning.
This being a portion of that same property conveyed to James Christopher Axon by Warranty Deed from Don Newton Parkerson a/k/a D. N. Parkerson dated March 19, 1999, and recorded in the Superior Court of Dodge County on April 14, 1999, in Deed Book 327, Pages 329-330.
Said deed was given to secure the payment of a promissory note in the principal sum of $77,154.57 as well as any other debts now owing or hereinafter incurred by JAMES CHRISTOPHER AXON and DORANN LORRAINE AXON or their 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 and DORANN LORRAINE 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 secured 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 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 secured 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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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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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 June 15, 2009, executed by ARTHUR RAY SHEPHERD, SR. AND ELAINE W. SHEPHERD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for PROVIDENT FUNDING ASSOCIATES, L.P., recorded in Deed Book 639, Page 169, Dodge County, Georgia Deed Records, and securing a Note in the original principal amount of $303,450.00, said Security Deed and Note having last been assigned to Provident Funding Associates, L.P., 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 No. 40 of the 15th District of Dodge County, Georgia, being 1.53 acres as shown on a plat dated May 17, 2002, drawn by W.P. Johnson and Assoc., Surveyors for B & G Investments, and recorded in Plat Book 32, Page 67, in the Clerk’s Office of Dodge Superior Court. Said plat and the record thereof are by reference incorporated herein and made a part hereof.
Said property is subject to restrictions of record in said Clerk’s Office in Deed Book 410, Page 41.
The aforedescribed real property is also known as 1471 Woodvalley Drive, 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 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 Arthur Ray Shepherd, Sr. and Elaine W. Shepherd 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.
PROVIDENT FUNDING
ASSOCIATES, L.P.
as Attorney-in-Fact for
ARTHUR RAY SHEPHERD, SR. AND ELAINE W. SHEPHERD
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 VIRGINIA H. BELFLOWER to CITIZENS BANK & TRUST COMPANY, dated June 11, 1999, and recorded in Deed Book 331, page 247, 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 Land Lot No. 33 in the 14th Land District of Dodge County, Georgia, containing 2.00 acres, more or less, and being more particularly described as follows: TO ESTABLISH THE POINT OF BEGINNING, BEGIN at the intersection formed by the centerline of County Road
338, which is also the apparent Southeast lot line of said land lot, and the centerline of S.C. Cadwell Road, also known as County Road 46, which is also the Southwest lot line of said land lot; thence run along the centerline of S.C. Cadwell Road North 38 degrees 34 minutes 30 seconds West a distance of 1260.86 feet to the POINT OF BEGINNING and from said POINT OF BEGINNING, thus established, continue to run along the center of said road North 38 degrees 34 minutes 30 seconds West a distance of 295.50 feet to a point; thence run North 52 degrees 34 minutes 37 seconds East a distance of 295.50 feet to a point; thence run South 38 degrees 34 minutes 30 seconds East a distance of 295.50 feet to a point; thence run South 52 degrees 34 minutes 37 seconds West a distance of 295.50 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 05/14/99, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 30, page 20, 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
Virginia H. Belflower
SUMNER & AVERY, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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