Legals for December 7, 2011, Part 1
1007 DEBTORS AND CREDITORS
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of ROZIER LAMAR COLEMAN, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 18th day of November 2011.
S/C Michael Johnson
BOBBY A. COLEMAN
Administrator of the Estate of
ROZIER LAMAR COLEMAN
C. MICHAEL JOHNSON
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
(478) 374-4255
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NOTICE TO DEBTORS AND CREDITORS
GEORGIA, DODGE COUNTY.
All creditors of the Estate of MAX W. SMITH, deceased, late of Dodge County, Georgia, are hereby notified to render in their demands to the undersigned according to law and all other persons indebted to said estate are required to make immediate payment to the undersigned.
This 6th day of December, 2011.
W. MERLE SMITH
3491 Jones Road
Macon, GA 31216
Executor of the Last Will and
Testament
of MAX W. SMITH, Deceased
JOHN P. HARRINGTON
JOHN P. HARRINGTON LLC
d/b/a Smith & Harrington
P.O. Box 130
Eastman, Georgia 31023
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of JOANNE S. SIGGENS, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 18th day of November 2011.
S/C Michael Johnson
BEN SINCLAIR
Administrator of the Estate of
JOANNE S. SIGGENS
C. MICHAEL JOHNSON
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
(478) 374-4255
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NOTICE TO DEBTORS AND CREDITORS
GEORGIA, DODGE COUNTY.
All creditors of the Estate of JAMES ARTHUR McNEAL, deceased, late of Dodge County, Georgia, are hereby notified to render in their demands to the undersigned according to law and all other persons indebted to said estate are required to make immediate payment to the undersigned.
This 6th day of December, 2011.
LESTINE C. MCNEAL
551 Zion Hill Church Road
Eastman, GA 31023
Executor of the Last Will and
Testament
OF JAMES ARTHUR McNEAL, Deceased
JOHN P. HARRINGTON
JOHN P. HARRINGTON LLC
d/b/a Smith & Harrington
P.O. Box 130
Eastman, Georgia 31023
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NOTICE TO DEBTORS AND CREDITORS
All creditors of the Estate of ELIZABETH J. SMITH, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This the 29th day of November, 2011.
RONNIE LEE LANCASTER AND HERMAN BOYKIN,
EXECUTORS OF THE
ESTATE OF ELIZABETH J. SMITH
LEE CANNON
SMITH & CANNON, P.C.
POST OFFICE BOX 270
MCRAE, GEORGIA 31055
229-868-6065 - PHONE
ATTORNEY FOR THE ESTATE
1010 FAMILY, CHILDREN, YOUTH
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CITATION
GEORGIA, DODGE COUNTY
ESTATE NO.
IN RE: PETITION KRISTIN TANNER AND LELAND TANNER FOR TEMPORARY LETTERS OF GUARDIANSHIP
ESTATE OF ADDISON LEIGH PATE, MINOR
TO: AMANDA LEIGH
WHITTINGTON
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor.
All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioners as temporary guardians, must be in writing, setting
forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice if you are served by publication.
All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party.
Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
*** NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be scheduled at a later date.
Ordered this 22nd day of November, 2011.
HONORABLE JOHN KELLY
PROBATE JUDGE
DODGE COUNTY, GEORGIA
5401 ANSON AVENUE,
EASTMAN, GA
478 374-2871
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 DAVID S. CONNELL of Dodge County, Georgia, dated March 15, 2006, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 536, Pages 99-100, 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 January 2012, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, more particularly described as BEGINNING at the point of intersection of the Northwesterly side of First Avenue with the Southerly right-of-way line of the Eastman-Soperton Highway, also known as State Highway No. 46, and from said POINT AND PLACE OF BEGINNING, running along the Northwest side of First Avenue in a direction of South 45 degrees West a distance of 183.5 feet to an iron pin; thence running in a direction of North 36 degrees West a distance of 134.5 feet to an iron pin located on the Southerly right-of-way line of said highway; thence running along said highway right-of-way line in a direction of North 81 degrees 40 minutes East a distance of 209.00 feet to the POINT AND PLACE OF BEGINNING, said tract being triangular in shape and bounded on the Southeast by First Avenue, on the Northerly side by Eastman-Soperton Highway and on the Southwest side by lands of Mrs. C. E. Clements and being the same property shown on a Plat of Survey made by B. Jack Warren, Surveyor, dated December 1, 1965, which plat is recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 6, Page 279, and being the same property described in a deed from Mrs. Lorene P. Cooper, acting by and through her attorney in fact, First Federal Savings and Loan Association of McRae, to First Federal Savings and Loan Association of McRae recorded in Deed Book 114, Pages 559-560, said Clerk’s Office.
Said deed was given to secure the payment of a promissory note in the principal sum of $131,778.71 as well as any other debts now owing or hereinafter incurred by DAVID S. CONNELL 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 DAVID S. CONNELL 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 1st day of December, 2011.
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 IN SECURITY DEED
GEORGIA, DODGE COUNTY.
By virtue of the power of sale con--
tained in the Deed to Secure Debt given by CHARLES A. SHEFFIELD and AMANDA GAIL SHEFFIELD to CITIZENS BANK AND TRUST CO. dated July 7, 1993, and recorded in Deed Book 234, Pages 564-566, in the Office of the Clerk of the Superior Court of Dodge County, Ga., conveying the below-described property, to secure that certain note given by Charles A. Sheffield to Citizens Bank and Trust Co. in the original principal amount of $25,399.41 with interest thereon as set forth therein, 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 January, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot No. 227 in the 16th Land District of Dodge County, Georgia, consisting of 1 acre, more or less, and being more particularly described as follows: TO ESTABLISH THE POINT OF BEGINNING, BEGIN at the intersection formed by the Northeast right of way line of Bell Line Road and the Northwest right of way line of Eastman & Chester Road; thence run along the Northwest right of way line of Eastman & Chester Road in a Northeasterly direction a distance of 431.6 feet to the established, run thence North 48 degrees 50 minutes 15 seconds West a distance of 202.12 feet to a point; thence run North 49 degrees 04 minutes 20 seconds East a distance of 220 feet to a point thence run South 42 degrees 02 minutes 05 seconds East a distance of 225.90 feet to a point located on the Northwest right of way line of Eastman & Chester Road; thence run along said right of way line of said road as follows: South 59 degrees 44 minutes 35 seconds West a distance of 47.08 feet; South 56 degrees 51 minutes 00 seconds West a distance of 101.32 feet and South 52 degrees 46 minutes 40 seconds West a distance of 50 feet back to the place or POINT OF BEGINNING. According to a Plat of Survey prepared by Jim H. Ross, Dodge County Surveyor, dated 04/24/91, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 24, Page 184, said Plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
THE ABOVE PROPERTY IS 2135 CHESTER HIGHWAY, EASTMAN, GA
The foreclosure sale includes a 1982 Colonial Vintage Mobile Home #CG17298
To the best knowledge and belief of the undersigned, the person or persons who may be in the possession of such property is CHARLES A. SHEFFIELD.
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 all outstanding ad valorem taxes and/or assessments and/or restrictions and/or zoning ordinances and/or covenants; matters that may be disclosed by an accurate survey and/or inspection of the property; and matters of record superior to the Deed to Secure Debt.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the note secured by the property.
Additionally, this sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed.
This law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
The name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt is Mr. Reggie Sheffield, Citizens Bank and Trust Co., P.O. Box 339, Eastman, GA 31023, (478) 374-4754.
CITIZENS BANK AND
TRUST CO.
Attorney-in-Fact for
CHARLES A. SHEFFIELD AND AMANDA GAIL SHEFFIELD
EDWARD B. CLAXTON III
Attorney at Law
P. O. Box 16459
Dublin, Georgia 31040
478-272-9965
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DODGE
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GLORIA L CLARK AND JOSEPH CLARK AND A/K/A GLORIA J. CLARK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOME FUNDS DIRECT, dated 03/24/2006, and Recorded on 04/11/2006 as Book No. 538 and Page No. 161-176, DODGE County, Georgia records, as last assigned to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS
TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-AHL1, by assignment, conveying the after- described property to secure a Note of even date in the original principal amount of $57,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the DODGE County Courthouse within the legal hours of sale on the first Tuesday in January, 2012, the following described property:
THE FOLLOWING DESCRIBED PROPERTY: “LOT #4 PORTION OF LAND LOT #308 IN THE 13TH LAND DISTRICT OF DODGE COUNTY, STATE OF GEORGIA; BEGINNING AT THE INTERSECTION OF NORTHWEST LAND LOT LINE WITH THE NORTH RIGHT-OF-WAY OF NORTH RAILROAD AVENUE AND PRECEDING ALONG THE SAID RIGHT-OF-WAY 74 DEGREES 14 MINUTES EAST 131.3 FEET TO THE BEGINNING POINT, THENCE NORTH 15 DEGREES 46 MINUTES EAST 201 FEET THENCE NORTH 45 DEGREES EAST 190 FEET; THENCE SOUTH 15 DEGREES 46 MINUTES WEST 378 FEET TO THE RIGHT-OF-WAY OF SAID ROAD THEN PRECEDED ALONG SAID RIGHT-OF-WAY NORTH 74 DEGREES 14 MINUTES WEST 100 FEET TO THE BEGINNING POINT OF THIS SURVEY,”
BEING THE SAME PROPERTY CONVEYED TO JOSEPH CLARK AND GLORIA L. CLARK BY DEED FROM CONTEMPORARY CONTRACTING, INC. RECORDED 11/06/1973 IN DEED BOOK 132 PAGE 798, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF DODGE COUNTY, GEORGIA.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 710 NORTH RAILROAD AVE, CHAUNCEY, GEORGIA 31011 is/are: GLORIA L CLARK AND JOSEPH CLARK AND A/K/A GLORIA J. CLARK or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
U.S. BANK, NATIONAL
ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN
ASSET-BACKED CERTIFICATES, SERIES 2006-AHL1
as Attorney in Fact for
GLORIA L CLARK AND
JOSEPH CLARK AND
A/K/A GLORIA J. CLARK.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110031408789
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
GEORGIA, DODGE COUNTY.
By virtue of the power of sale contained in the Deed to Secure Debt given by EMILY D. NESMITH to STATE BANK OF COCHRAN dated January 26, 1998, and recorded in Deed Book 298, Pages 154-155, in the Office of the Clerk of the Superior
Court of Dodge County, Ga., conveying the below-described property, to secure that certain note given by Emily D. Lloyd and Jerry Russell Lloyd, Jr. to State Bank of Cochran in the original principal amount of $78,303.01 with interest thereon as set forth therein, 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 January, 2012, the following described property:
All that tract or parcel of land containing 1.01 acres, lying and being in Land Lot 135 of the 19th Land District of Dodge County, Georgia and shown on a plat of survey prepared by T. Jerry Peacock, Sr., Registered Surveyor, dated January 12, 1998 and appearing of record in Plat Book 29, page 25, Dodge County Clerk’s Office, said plat and the record thereof being incorporated by reference herein in aid of this description. Said tract is more particularly described as follows: From an iron pin located at the intersection of the southeasterly land lot line dividing Land Lots 134 and 135 in said land district with the northeasterly right of way of County Emergency Road No. 650R (Macedonia Church Road), run thence northwesterly along the right of way of Macedonia Church Road a distance of 568.77 feet to an iron pin and the POINT OF BEGINNING. From said point of beginning, run thence north 47 degrees 07 minutes 48 seconds west a distance of 210 feet to an iron pin; thence run north 46 degrees 44 minutes 05 seconds east a distance of 210 feet to an iron pin; thence run south 47 degrees 07 minutes 48 seconds east a distance of 210 feet to an iron pin; thence run south 46 degrees 44 minutes 05 seconds west a distance of 210 feet to an iron pin and the point of beginning. Said tract is bordered on the northwest, northeast and southeast by other lands of Grantors herein and on the southwest by the right of way of Macedonia Church Road.
The above property is 1230 MACEDONIA CHURCH ROAD, COCHRAN, GA
To the best knowledge and belief of the undersigned, the person or persons who may be in the possession of such property is EMILY D. LLOYD AND JERRY R. LLOYD.
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 all outstanding ad valorem taxes and/or assessments and/or restrictions and/or zoning ordinances and/or covenants; matters that may be disclosed by an accurate survey and/or inspection of the property; and matters of record superior to the Deed to Secure Debt.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the note secured by the property.
Additionally, this sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed.
This law firm is a debt collector attempting to collect a debt and any information
obtained will be used for that purpose.
The name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt is MR. MIKE LUCAS, STATE BANK OF COCHRAN, POST OFFICE BOX 539, COCHRAN, GA 31014, (478) 934-4501.
STATE BANK OF COCHRAN
Attorney-in-Fact for
EMILY D. NESMTIH
EDWARD B. CLAXTON III
Attorney at Law
P. O. Box 16459
Dublin, Georgia 31040
478-272-9965
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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 DAVID S. CONNELL of Dodge County, Georgia, dated March 15, 2006, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 536, Pages 97-98, 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 January 2012, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, identified as Tract “B” and more particularly described according to a Plat of Survey of said lands by T. Jerry Peacock, Sr., Surveyor, dated March 7, 2002, and of record in the Office of the Clerk of Dodge Superior Court in Plat Book 32, Page 10, which said plat and the record thereof are by reference incorporated herein and made a part hereof. Said tract of land contains 0.39 acres, more or less.
Also conveyed herewith is a 10-foot maintenance and repair easement for
utility access for the metal building located on Tract “B”, said easement more particularly described as follows: To find the POINT AND PLACE OF BEGINNING, commence at the point of intersection formed by the northwesterly right-of-way line of Ward Street with the southeasterly right-of-way line of Third Avenue said point of intersection identified by a nail and thence in a southwesterly direction along Third Avenue a distance of 97.55 feet to a rebar set, set rebar being the POINT AND PLACE OF BEGINNING. From said POINT AND PLACE OF BEGINNING thus established, thence in a direction of South 45 degrees 36 minutes 06 seconds East a distance of 170.80 feet to a rebar set; thence in a direction of South 45 degrees 42 minutes 20 seconds West a distance of 10.00 feet to a point; thence in a direction of North 45 degrees 36 minutes 06 seconds West a distance of 170.80 feet to the Southeasterly right-of-way line of Third Avenue; thence along said right-of-way line in a direction of North 44 degrees 25 minutes 20 seconds East a distance of 10.00 feet and back to the POINT AND PLACE OF BEGINNING. This easement identified herein being a portion of Tract “C” and along the common boundary line of Tracts “B” and “C” on the plat identified above and recorded simultaneously herewith.
These parcels are subject to all easements and rights-of-way of record for public roads and utilities now in use and any other matter as identified on said plat.
Said deed was given to secure the payment of a promissory note in the principal sum of $69,869.28 as well as any other debts now owing or hereinafter incurred by DAVID S. CONNELL 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 DAVID S. CONNELL 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 1st day of December, 2011.
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 IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from JOHN THOMAS MACALUSO to CITIZENS BANK & TRUST COMPANY, dated December 31, 2008, and recorded in Deed Book 623, page 284, 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 January, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot Number Nine (9) in the 20th Land District of Dodge County, Georgia, consisting of 4.16 acres, more or less, and being more particularly described and shown on that certain Plat of Survey dated November 25, 2008, made for John Thomas Macaluso by Ronny Barron, Georgia Registered Land Surveyor, and found recorded in Plat Book 37 at Page 104, in the Deed Records of Dodge County, Georgia; said Plat being incorporated herein and made a part hereof by reference thereto.
This is the same property as described in that certain Limited Warranty Deed dated July 25, 2008 from Citizens Bank and Trust Company to Gino Paul Balakonis and Anna Lynn Balakonis as found recorded in Deed Book 616 at Pages 11-12 in the Deed Records 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
JOHN THOMAS MACALUSO
SUMNER, AVERY & HARPER, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of ROZIER LAMAR COLEMAN, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 18th day of November 2011.
S/C Michael Johnson
BOBBY A. COLEMAN
Administrator of the Estate of
ROZIER LAMAR COLEMAN
C. MICHAEL JOHNSON
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
(478) 374-4255
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NOTICE TO DEBTORS AND CREDITORS
GEORGIA, DODGE COUNTY.
All creditors of the Estate of MAX W. SMITH, deceased, late of Dodge County, Georgia, are hereby notified to render in their demands to the undersigned according to law and all other persons indebted to said estate are required to make immediate payment to the undersigned.
This 6th day of December, 2011.
W. MERLE SMITH
3491 Jones Road
Macon, GA 31216
Executor of the Last Will and
Testament
of MAX W. SMITH, Deceased
JOHN P. HARRINGTON
JOHN P. HARRINGTON LLC
d/b/a Smith & Harrington
P.O. Box 130
Eastman, Georgia 31023
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of JOANNE S. SIGGENS, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 18th day of November 2011.
S/C Michael Johnson
BEN SINCLAIR
Administrator of the Estate of
JOANNE S. SIGGENS
C. MICHAEL JOHNSON
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
(478) 374-4255
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NOTICE TO DEBTORS AND CREDITORS
GEORGIA, DODGE COUNTY.
All creditors of the Estate of JAMES ARTHUR McNEAL, deceased, late of Dodge County, Georgia, are hereby notified to render in their demands to the undersigned according to law and all other persons indebted to said estate are required to make immediate payment to the undersigned.
This 6th day of December, 2011.
LESTINE C. MCNEAL
551 Zion Hill Church Road
Eastman, GA 31023
Executor of the Last Will and
Testament
OF JAMES ARTHUR McNEAL, Deceased
JOHN P. HARRINGTON
JOHN P. HARRINGTON LLC
d/b/a Smith & Harrington
P.O. Box 130
Eastman, Georgia 31023
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NOTICE TO DEBTORS AND CREDITORS
All creditors of the Estate of ELIZABETH J. SMITH, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This the 29th day of November, 2011.
RONNIE LEE LANCASTER AND HERMAN BOYKIN,
EXECUTORS OF THE
ESTATE OF ELIZABETH J. SMITH
LEE CANNON
SMITH & CANNON, P.C.
POST OFFICE BOX 270
MCRAE, GEORGIA 31055
229-868-6065 - PHONE
ATTORNEY FOR THE ESTATE
1010 FAMILY, CHILDREN, YOUTH
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CITATION
GEORGIA, DODGE COUNTY
ESTATE NO.
IN RE: PETITION KRISTIN TANNER AND LELAND TANNER FOR TEMPORARY LETTERS OF GUARDIANSHIP
ESTATE OF ADDISON LEIGH PATE, MINOR
TO: AMANDA LEIGH
WHITTINGTON
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor.
All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioners as temporary guardians, must be in writing, setting
forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice if you are served by publication.
All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party.
Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
*** NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be scheduled at a later date.
Ordered this 22nd day of November, 2011.
HONORABLE JOHN KELLY
PROBATE JUDGE
DODGE COUNTY, GEORGIA
5401 ANSON AVENUE,
EASTMAN, GA
478 374-2871
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 DAVID S. CONNELL of Dodge County, Georgia, dated March 15, 2006, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 536, Pages 99-100, 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 January 2012, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, more particularly described as BEGINNING at the point of intersection of the Northwesterly side of First Avenue with the Southerly right-of-way line of the Eastman-Soperton Highway, also known as State Highway No. 46, and from said POINT AND PLACE OF BEGINNING, running along the Northwest side of First Avenue in a direction of South 45 degrees West a distance of 183.5 feet to an iron pin; thence running in a direction of North 36 degrees West a distance of 134.5 feet to an iron pin located on the Southerly right-of-way line of said highway; thence running along said highway right-of-way line in a direction of North 81 degrees 40 minutes East a distance of 209.00 feet to the POINT AND PLACE OF BEGINNING, said tract being triangular in shape and bounded on the Southeast by First Avenue, on the Northerly side by Eastman-Soperton Highway and on the Southwest side by lands of Mrs. C. E. Clements and being the same property shown on a Plat of Survey made by B. Jack Warren, Surveyor, dated December 1, 1965, which plat is recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 6, Page 279, and being the same property described in a deed from Mrs. Lorene P. Cooper, acting by and through her attorney in fact, First Federal Savings and Loan Association of McRae, to First Federal Savings and Loan Association of McRae recorded in Deed Book 114, Pages 559-560, said Clerk’s Office.
Said deed was given to secure the payment of a promissory note in the principal sum of $131,778.71 as well as any other debts now owing or hereinafter incurred by DAVID S. CONNELL 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 DAVID S. CONNELL 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 1st day of December, 2011.
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 IN SECURITY DEED
GEORGIA, DODGE COUNTY.
By virtue of the power of sale con--
tained in the Deed to Secure Debt given by CHARLES A. SHEFFIELD and AMANDA GAIL SHEFFIELD to CITIZENS BANK AND TRUST CO. dated July 7, 1993, and recorded in Deed Book 234, Pages 564-566, in the Office of the Clerk of the Superior Court of Dodge County, Ga., conveying the below-described property, to secure that certain note given by Charles A. Sheffield to Citizens Bank and Trust Co. in the original principal amount of $25,399.41 with interest thereon as set forth therein, 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 January, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot No. 227 in the 16th Land District of Dodge County, Georgia, consisting of 1 acre, more or less, and being more particularly described as follows: TO ESTABLISH THE POINT OF BEGINNING, BEGIN at the intersection formed by the Northeast right of way line of Bell Line Road and the Northwest right of way line of Eastman & Chester Road; thence run along the Northwest right of way line of Eastman & Chester Road in a Northeasterly direction a distance of 431.6 feet to the established, run thence North 48 degrees 50 minutes 15 seconds West a distance of 202.12 feet to a point; thence run North 49 degrees 04 minutes 20 seconds East a distance of 220 feet to a point thence run South 42 degrees 02 minutes 05 seconds East a distance of 225.90 feet to a point located on the Northwest right of way line of Eastman & Chester Road; thence run along said right of way line of said road as follows: South 59 degrees 44 minutes 35 seconds West a distance of 47.08 feet; South 56 degrees 51 minutes 00 seconds West a distance of 101.32 feet and South 52 degrees 46 minutes 40 seconds West a distance of 50 feet back to the place or POINT OF BEGINNING. According to a Plat of Survey prepared by Jim H. Ross, Dodge County Surveyor, dated 04/24/91, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 24, Page 184, said Plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
THE ABOVE PROPERTY IS 2135 CHESTER HIGHWAY, EASTMAN, GA
The foreclosure sale includes a 1982 Colonial Vintage Mobile Home #CG17298
To the best knowledge and belief of the undersigned, the person or persons who may be in the possession of such property is CHARLES A. SHEFFIELD.
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 all outstanding ad valorem taxes and/or assessments and/or restrictions and/or zoning ordinances and/or covenants; matters that may be disclosed by an accurate survey and/or inspection of the property; and matters of record superior to the Deed to Secure Debt.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the note secured by the property.
Additionally, this sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed.
This law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
The name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt is Mr. Reggie Sheffield, Citizens Bank and Trust Co., P.O. Box 339, Eastman, GA 31023, (478) 374-4754.
CITIZENS BANK AND
TRUST CO.
Attorney-in-Fact for
CHARLES A. SHEFFIELD AND AMANDA GAIL SHEFFIELD
EDWARD B. CLAXTON III
Attorney at Law
P. O. Box 16459
Dublin, Georgia 31040
478-272-9965
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DODGE
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GLORIA L CLARK AND JOSEPH CLARK AND A/K/A GLORIA J. CLARK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOME FUNDS DIRECT, dated 03/24/2006, and Recorded on 04/11/2006 as Book No. 538 and Page No. 161-176, DODGE County, Georgia records, as last assigned to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS
TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-AHL1, by assignment, conveying the after- described property to secure a Note of even date in the original principal amount of $57,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the DODGE County Courthouse within the legal hours of sale on the first Tuesday in January, 2012, the following described property:
THE FOLLOWING DESCRIBED PROPERTY: “LOT #4 PORTION OF LAND LOT #308 IN THE 13TH LAND DISTRICT OF DODGE COUNTY, STATE OF GEORGIA; BEGINNING AT THE INTERSECTION OF NORTHWEST LAND LOT LINE WITH THE NORTH RIGHT-OF-WAY OF NORTH RAILROAD AVENUE AND PRECEDING ALONG THE SAID RIGHT-OF-WAY 74 DEGREES 14 MINUTES EAST 131.3 FEET TO THE BEGINNING POINT, THENCE NORTH 15 DEGREES 46 MINUTES EAST 201 FEET THENCE NORTH 45 DEGREES EAST 190 FEET; THENCE SOUTH 15 DEGREES 46 MINUTES WEST 378 FEET TO THE RIGHT-OF-WAY OF SAID ROAD THEN PRECEDED ALONG SAID RIGHT-OF-WAY NORTH 74 DEGREES 14 MINUTES WEST 100 FEET TO THE BEGINNING POINT OF THIS SURVEY,”
BEING THE SAME PROPERTY CONVEYED TO JOSEPH CLARK AND GLORIA L. CLARK BY DEED FROM CONTEMPORARY CONTRACTING, INC. RECORDED 11/06/1973 IN DEED BOOK 132 PAGE 798, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF DODGE COUNTY, GEORGIA.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 710 NORTH RAILROAD AVE, CHAUNCEY, GEORGIA 31011 is/are: GLORIA L CLARK AND JOSEPH CLARK AND A/K/A GLORIA J. CLARK or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
U.S. BANK, NATIONAL
ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN
ASSET-BACKED CERTIFICATES, SERIES 2006-AHL1
as Attorney in Fact for
GLORIA L CLARK AND
JOSEPH CLARK AND
A/K/A GLORIA J. CLARK.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110031408789
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
GEORGIA, DODGE COUNTY.
By virtue of the power of sale contained in the Deed to Secure Debt given by EMILY D. NESMITH to STATE BANK OF COCHRAN dated January 26, 1998, and recorded in Deed Book 298, Pages 154-155, in the Office of the Clerk of the Superior
Court of Dodge County, Ga., conveying the below-described property, to secure that certain note given by Emily D. Lloyd and Jerry Russell Lloyd, Jr. to State Bank of Cochran in the original principal amount of $78,303.01 with interest thereon as set forth therein, 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 January, 2012, the following described property:
All that tract or parcel of land containing 1.01 acres, lying and being in Land Lot 135 of the 19th Land District of Dodge County, Georgia and shown on a plat of survey prepared by T. Jerry Peacock, Sr., Registered Surveyor, dated January 12, 1998 and appearing of record in Plat Book 29, page 25, Dodge County Clerk’s Office, said plat and the record thereof being incorporated by reference herein in aid of this description. Said tract is more particularly described as follows: From an iron pin located at the intersection of the southeasterly land lot line dividing Land Lots 134 and 135 in said land district with the northeasterly right of way of County Emergency Road No. 650R (Macedonia Church Road), run thence northwesterly along the right of way of Macedonia Church Road a distance of 568.77 feet to an iron pin and the POINT OF BEGINNING. From said point of beginning, run thence north 47 degrees 07 minutes 48 seconds west a distance of 210 feet to an iron pin; thence run north 46 degrees 44 minutes 05 seconds east a distance of 210 feet to an iron pin; thence run south 47 degrees 07 minutes 48 seconds east a distance of 210 feet to an iron pin; thence run south 46 degrees 44 minutes 05 seconds west a distance of 210 feet to an iron pin and the point of beginning. Said tract is bordered on the northwest, northeast and southeast by other lands of Grantors herein and on the southwest by the right of way of Macedonia Church Road.
The above property is 1230 MACEDONIA CHURCH ROAD, COCHRAN, GA
To the best knowledge and belief of the undersigned, the person or persons who may be in the possession of such property is EMILY D. LLOYD AND JERRY R. LLOYD.
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 all outstanding ad valorem taxes and/or assessments and/or restrictions and/or zoning ordinances and/or covenants; matters that may be disclosed by an accurate survey and/or inspection of the property; and matters of record superior to the Deed to Secure Debt.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the note secured by the property.
Additionally, this sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed.
This law firm is a debt collector attempting to collect a debt and any information
obtained will be used for that purpose.
The name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt is MR. MIKE LUCAS, STATE BANK OF COCHRAN, POST OFFICE BOX 539, COCHRAN, GA 31014, (478) 934-4501.
STATE BANK OF COCHRAN
Attorney-in-Fact for
EMILY D. NESMTIH
EDWARD B. CLAXTON III
Attorney at Law
P. O. Box 16459
Dublin, Georgia 31040
478-272-9965
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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 DAVID S. CONNELL of Dodge County, Georgia, dated March 15, 2006, and recorded in the Office of the Clerk of Dodge County Superior Court in Deed Book 536, Pages 97-98, 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 January 2012, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, identified as Tract “B” and more particularly described according to a Plat of Survey of said lands by T. Jerry Peacock, Sr., Surveyor, dated March 7, 2002, and of record in the Office of the Clerk of Dodge Superior Court in Plat Book 32, Page 10, which said plat and the record thereof are by reference incorporated herein and made a part hereof. Said tract of land contains 0.39 acres, more or less.
Also conveyed herewith is a 10-foot maintenance and repair easement for
utility access for the metal building located on Tract “B”, said easement more particularly described as follows: To find the POINT AND PLACE OF BEGINNING, commence at the point of intersection formed by the northwesterly right-of-way line of Ward Street with the southeasterly right-of-way line of Third Avenue said point of intersection identified by a nail and thence in a southwesterly direction along Third Avenue a distance of 97.55 feet to a rebar set, set rebar being the POINT AND PLACE OF BEGINNING. From said POINT AND PLACE OF BEGINNING thus established, thence in a direction of South 45 degrees 36 minutes 06 seconds East a distance of 170.80 feet to a rebar set; thence in a direction of South 45 degrees 42 minutes 20 seconds West a distance of 10.00 feet to a point; thence in a direction of North 45 degrees 36 minutes 06 seconds West a distance of 170.80 feet to the Southeasterly right-of-way line of Third Avenue; thence along said right-of-way line in a direction of North 44 degrees 25 minutes 20 seconds East a distance of 10.00 feet and back to the POINT AND PLACE OF BEGINNING. This easement identified herein being a portion of Tract “C” and along the common boundary line of Tracts “B” and “C” on the plat identified above and recorded simultaneously herewith.
These parcels are subject to all easements and rights-of-way of record for public roads and utilities now in use and any other matter as identified on said plat.
Said deed was given to secure the payment of a promissory note in the principal sum of $69,869.28 as well as any other debts now owing or hereinafter incurred by DAVID S. CONNELL 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 DAVID S. CONNELL 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 1st day of December, 2011.
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 IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from JOHN THOMAS MACALUSO to CITIZENS BANK & TRUST COMPANY, dated December 31, 2008, and recorded in Deed Book 623, page 284, 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 January, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot Number Nine (9) in the 20th Land District of Dodge County, Georgia, consisting of 4.16 acres, more or less, and being more particularly described and shown on that certain Plat of Survey dated November 25, 2008, made for John Thomas Macaluso by Ronny Barron, Georgia Registered Land Surveyor, and found recorded in Plat Book 37 at Page 104, in the Deed Records of Dodge County, Georgia; said Plat being incorporated herein and made a part hereof by reference thereto.
This is the same property as described in that certain Limited Warranty Deed dated July 25, 2008 from Citizens Bank and Trust Company to Gino Paul Balakonis and Anna Lynn Balakonis as found recorded in Deed Book 616 at Pages 11-12 in the Deed Records 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
JOHN THOMAS MACALUSO
SUMNER, AVERY & HARPER, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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