Legals for December 14, 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 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
All creditors of the Estate of ELIZABETH J. SMITH, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands t o 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
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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
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 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
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
WHEREAS, on 09/20/93, for value received, EVELYN B. VICKERS executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Dodge County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Dodge County, Georgia, in Book # 235, Page# 747-750; and
WHEREAS, on 02/03/94, for value received, EVELYN B. VICKERS executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Dodge County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Dodge County, Georgia, in Book #238, Page#500-503; and
WHEREAS, the United States of America now holds the above described security deeds covering the said real estate; and
WHEREAS, the Deeds to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deeds to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deeds proceed to sell the property at public outcry; and
WHEREAS, after default, the United States of America has declared all of the indebtedness secured by the Deeds to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;
NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Dodge County, during the legal hours of sale, on the 3rd day of January, 2012, the following-described property conveyed in the Deed to Secure Debt, to Wit:
All that tract or parcel of land lying and being in the City of Eastman in Land Lot No. 308 in the 16th Land District of Dodge County, Georgia, more particularly described as fol-
lows: TO FIND THE POINT OF BEGINNING, BEGIN at the intersection of the W.P.A. Road and Dodge Avenue and run in a Southwesterly direction a distance of 701.57 feet to a point; thence run in a direction of North 42 degrees 40 minutes West a distance of 20 feet to an iron pin and the POINT OF BEGINNING. FROM THE POINT OF BEGINNING, thus established, run in a direction of North 42 degrees 40 minutes West a distance of 350 feet to an iron pin; thence in a direction of South 47 degrees 20 minutes West a distance of 124.5 feet to an iron pin; thence run in a direction of South 42 degrees 40 minutes East a distance of 350 feet to an iron pin; thence run in a direction of North 47 degrees 20 minutes East a distance of 124.5 feet to an iron pin and the POINT OF BEGINNING. Said tract or parcel containing 1 acre, more or less, and being more particularly described on that certain plat of survey made by Jim H. Ross for Evelyn Vickers dated May 3, 1993, and of record in the Office of the Clerk of Dodge Superior Court in Plat Book 26, Page 44. Said plat being by reference incorporated herein for descriptive and all other legal purposes.
Subject to Subdivision Restrictions of record in said Clerk’s Office in Deed Book 135, Pages 618-621, and Deed Book 190, Pages 90-91.
Pursuant to §44-14-162.2, 44-14-162.3 and 44-14-162.4, Official Code of Georgia, the borrower was provided notice of said sale no later than l5 days before the date of sale by mailing a copy of the Notice of Sale to the borrower.
TO HAVE AND TO HOLD the said bargained premises, together with all and singular the rights and appurtenances thereof to the same being or in anywise appertaining, to the use, benefit, and behoof of the said part____ of the second part in fee simple.
IN WITNESS WHEREOF, the United States of America, as attorney in fact for Evelyn B. Vickers, party of the first part, has caused this instrument to be executed in her name by duly authorized representative, the Georgia State Director, Rural Development, formerly known as Farmers Home Administration and Rural Economic and Community Development, United States Department of Agriculture, as of the day and year first above written pursuant to the delegation of authority contained in Title 7, Code of Federal Regulations, Part l900.
This the 1st day of December, 2011.
UNITED STATES OF AMERICA
By: /S/ RONALD L. BOLEN
Director of the Default
Management Branch
United States Department of
Agriculture,
Rural Housing Service
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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
GEORGIA, DODGE COUNTY.
By virtue of the power of sale contained 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 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
All creditors of the Estate of ELIZABETH J. SMITH, late of Dodge County, Georgia, deceased, are hereby notified to render in their demands t o 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
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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
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 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
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
WHEREAS, on 09/20/93, for value received, EVELYN B. VICKERS executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Dodge County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Dodge County, Georgia, in Book # 235, Page# 747-750; and
WHEREAS, on 02/03/94, for value received, EVELYN B. VICKERS executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Dodge County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Dodge County, Georgia, in Book #238, Page#500-503; and
WHEREAS, the United States of America now holds the above described security deeds covering the said real estate; and
WHEREAS, the Deeds to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deeds to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deeds proceed to sell the property at public outcry; and
WHEREAS, after default, the United States of America has declared all of the indebtedness secured by the Deeds to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;
NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Dodge County, during the legal hours of sale, on the 3rd day of January, 2012, the following-described property conveyed in the Deed to Secure Debt, to Wit:
All that tract or parcel of land lying and being in the City of Eastman in Land Lot No. 308 in the 16th Land District of Dodge County, Georgia, more particularly described as fol-
lows: TO FIND THE POINT OF BEGINNING, BEGIN at the intersection of the W.P.A. Road and Dodge Avenue and run in a Southwesterly direction a distance of 701.57 feet to a point; thence run in a direction of North 42 degrees 40 minutes West a distance of 20 feet to an iron pin and the POINT OF BEGINNING. FROM THE POINT OF BEGINNING, thus established, run in a direction of North 42 degrees 40 minutes West a distance of 350 feet to an iron pin; thence in a direction of South 47 degrees 20 minutes West a distance of 124.5 feet to an iron pin; thence run in a direction of South 42 degrees 40 minutes East a distance of 350 feet to an iron pin; thence run in a direction of North 47 degrees 20 minutes East a distance of 124.5 feet to an iron pin and the POINT OF BEGINNING. Said tract or parcel containing 1 acre, more or less, and being more particularly described on that certain plat of survey made by Jim H. Ross for Evelyn Vickers dated May 3, 1993, and of record in the Office of the Clerk of Dodge Superior Court in Plat Book 26, Page 44. Said plat being by reference incorporated herein for descriptive and all other legal purposes.
Subject to Subdivision Restrictions of record in said Clerk’s Office in Deed Book 135, Pages 618-621, and Deed Book 190, Pages 90-91.
Pursuant to §44-14-162.2, 44-14-162.3 and 44-14-162.4, Official Code of Georgia, the borrower was provided notice of said sale no later than l5 days before the date of sale by mailing a copy of the Notice of Sale to the borrower.
TO HAVE AND TO HOLD the said bargained premises, together with all and singular the rights and appurtenances thereof to the same being or in anywise appertaining, to the use, benefit, and behoof of the said part____ of the second part in fee simple.
IN WITNESS WHEREOF, the United States of America, as attorney in fact for Evelyn B. Vickers, party of the first part, has caused this instrument to be executed in her name by duly authorized representative, the Georgia State Director, Rural Development, formerly known as Farmers Home Administration and Rural Economic and Community Development, United States Department of Agriculture, as of the day and year first above written pursuant to the delegation of authority contained in Title 7, Code of Federal Regulations, Part l900.
This the 1st day of December, 2011.
UNITED STATES OF AMERICA
By: /S/ RONALD L. BOLEN
Director of the Default
Management Branch
United States Department of
Agriculture,
Rural Housing Service
gpn 11
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
gpn 11
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 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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