Legals for December 28, 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 SUE M. HALL, 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 13th day of December, 2011.
ROBERT DONALD O’BARR
Successor Executor of the Estate of
SUE M. HALL
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
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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
1011 FORECLOSURES
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STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE
UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ROGIE ROBERSON and MELISSA K. ROBERSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 25, 2004, and recorded in Deed Book 479, Page 62, and Deed Book 559, Page 187, Dodge County Records, said Security Deed having been last sold, assigned, transferred and conveyed to WELLS FARGO BANK, N.A., BY ASSIGNMENT, securing a Note in the original principal amount of $104,907.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, February 7, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 19th Land District, Land Lot 58, Dodge County, Georgia, containing 3.02 acres, more or less, as shown on a plat of survey prepared by Jones Land Surveying, dated March 26, 2004, and recorded in Plat Book 33, Page 130, in the Office of the Clerk of Dodge County Superior Court. The courses and distances of said plat are incorporated herein for a more complete description.
Included and made a part of the real estate is a Grand Manor Mobile
Home, Serial Number GAGMTDO7674A/B, Model # MS3764-386.
Said property is known as 162 Spotlight Drive, Chester, GA 31012, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of ROGIE ROBERSON and MELISSA K. ROBERSON, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of ROGIE ROBERSON and MELISSA K. ROBERSON, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
WELLS FARGO BANK, N.A.
as Attorney-in-Fact for
ROGIE ROBERSON and
MELISSA K. ROBERSON
File no. 11-023021
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd.,
Duke Building, Suite 100
Atlanta, GA 30341-3941
770-220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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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 follows: 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 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 SALE UNDER POWER
Georgia, Dodge County.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by EMILY HARRELL AND ASHLEY JOHNSON, dated November 20, 2007, and recorded in Deed Book 590 at Pages 321-323 in the Deed Records of Dodge County, Georgia, conveying the after-described property to secure a Note dated November 20, 2007, in the original principal amount of $25,000.00 with interest at the rate specified therein, will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Dodge County within the legal hours of sale on Tuesday, January 3, 2012.
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, fronting on Third Avenue West a distance of 20 and 5/6 feet and running back in a Northwesterly direction a distance of 55 feet, more or less, said tract being in the form of a rectangle, together with one-story brick store building thereon now or formerly occupied by Frank Teresi, and being the same property awarded to John Francis Hargrove in a division in kind of the estate of W.F. Harrell, deceased, record thereof having been made in Minute Book “P”, Page 49, Office of the Ordinary (now Probate) of Dodge County, Georgia. The above-described property is included in a Deed from Charles Smyly to Mrs. Elizabeth S. Martin, which is recorded in Deed Book 77 at Pages 424-425 in the Deed Records of Dodge County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under
the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments, all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the Security Deed.
CLESLIE F. WALKER
AND DONNA L. WALKER
as Attorneys in Fact for
EMILY HARRELL
AND ASHLEY JOHNSON
JOSEPH I. MARCHANT, LLC
Attorney At Law
303 Main Street
Post Office Box 4218
Eastman, Georgia 31023
(478)-374-1505
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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 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 TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of SUE M. HALL, 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 13th day of December, 2011.
ROBERT DONALD O’BARR
Successor Executor of the Estate of
SUE M. HALL
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
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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
1011 FORECLOSURES
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STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE
UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ROGIE ROBERSON and MELISSA K. ROBERSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 25, 2004, and recorded in Deed Book 479, Page 62, and Deed Book 559, Page 187, Dodge County Records, said Security Deed having been last sold, assigned, transferred and conveyed to WELLS FARGO BANK, N.A., BY ASSIGNMENT, securing a Note in the original principal amount of $104,907.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, February 7, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 19th Land District, Land Lot 58, Dodge County, Georgia, containing 3.02 acres, more or less, as shown on a plat of survey prepared by Jones Land Surveying, dated March 26, 2004, and recorded in Plat Book 33, Page 130, in the Office of the Clerk of Dodge County Superior Court. The courses and distances of said plat are incorporated herein for a more complete description.
Included and made a part of the real estate is a Grand Manor Mobile
Home, Serial Number GAGMTDO7674A/B, Model # MS3764-386.
Said property is known as 162 Spotlight Drive, Chester, GA 31012, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of ROGIE ROBERSON and MELISSA K. ROBERSON, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of ROGIE ROBERSON and MELISSA K. ROBERSON, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
WELLS FARGO BANK, N.A.
as Attorney-in-Fact for
ROGIE ROBERSON and
MELISSA K. ROBERSON
File no. 11-023021
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd.,
Duke Building, Suite 100
Atlanta, GA 30341-3941
770-220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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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 follows: 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 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 SALE UNDER POWER
Georgia, Dodge County.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by EMILY HARRELL AND ASHLEY JOHNSON, dated November 20, 2007, and recorded in Deed Book 590 at Pages 321-323 in the Deed Records of Dodge County, Georgia, conveying the after-described property to secure a Note dated November 20, 2007, in the original principal amount of $25,000.00 with interest at the rate specified therein, will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Dodge County within the legal hours of sale on Tuesday, January 3, 2012.
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, fronting on Third Avenue West a distance of 20 and 5/6 feet and running back in a Northwesterly direction a distance of 55 feet, more or less, said tract being in the form of a rectangle, together with one-story brick store building thereon now or formerly occupied by Frank Teresi, and being the same property awarded to John Francis Hargrove in a division in kind of the estate of W.F. Harrell, deceased, record thereof having been made in Minute Book “P”, Page 49, Office of the Ordinary (now Probate) of Dodge County, Georgia. The above-described property is included in a Deed from Charles Smyly to Mrs. Elizabeth S. Martin, which is recorded in Deed Book 77 at Pages 424-425 in the Deed Records of Dodge County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under
the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments, all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the Security Deed.
CLESLIE F. WALKER
AND DONNA L. WALKER
as Attorneys in Fact for
EMILY HARRELL
AND ASHLEY JOHNSON
JOSEPH I. MARCHANT, LLC
Attorney At Law
303 Main Street
Post Office Box 4218
Eastman, Georgia 31023
(478)-374-1505
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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 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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