Legals for April 10, 2013, Part 1
1006 CORPORATIONS/BUSINESS
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NOTICE OF INCORPORATION
Notice is given that articles of incorporation that will incorporate LITTLE BIT DELI, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 5827 WINDSOR WAY and its initial registered agent at such address is GLYNDA COLLINS.
1007 DEBTORS AND CREDITORS
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NOTICE TO DEBTORS AND CREDITORS
RE: ESTATE OF LYNETTE H.
JOHNSON
All creditors of the Estate of Lynette H. Johnson, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
The 1st day of April, 2013.
RANDY A. JOHNSON,
EXECUTOR
Estate of LYNETTE H. JOHNSON
1215 Wood Valley Road
Eastman, GA 31023
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of RUTH BURNAM POWELL, 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 26th day of March 2013.
JEROME PETERSON
Executor of the Estate of
RUTH BURNAM POWELL
C. MICHAEL JOHNSON
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
478-374-4255
1011 FORECLOSURES
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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 KIMBERLY S. SHEFFIELD AND CHARLES KENNETH SHEFFIELD to NEW CENTURY MORTGAGE CORPORATION, dated MAY 08, 2002, and recorded in Deed Book 408, Page 314, Dodge County, Georgia records, AS LAST TRANSFERRED TO WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE F/K/A NORWEST BANK MINNESOTA, N.A., AS TRUSTEE FOR MORGAN STANLEY DEAN WITTER CAPITAL I INC. TRUST 2002-NC3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-NC3 BY ASSIGNMENT RECORDED IN DEED BOOK 709, PAGE 280, DODGE COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $79,050.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Dodge County, Georgia, within the legal hours of sale on the first Tuesday in May, 2013, to wit: May 07, 2013, the following described property:
TRACT I: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF EASTMAN, DODGE COUNTY, GEORGIA, AND BEING BOUNDED ON THE NORTHWEST BY LANDS OF EDWIN PAUL, ON THE NORTHEAST BY LANDS OF MRS. NANNIE DILLARD, ON THE SOUTHEAST BY LANDS OF W.O. CONNELL AND ON THE SOUTHWEST BY FOSTER STREET FRONTING 112.50 FEET, MORE OR LESS, ON THE NORTHEAST SIDE OF FOSTER STREET AND EXTENDING IN A NORTHEASTERLY DIRECTION A DISTANCE OF 125.00 FEET, MORE OR LESS, TO LANDS OF MRS. NANNIE DILLARD AND BEING FURTHER IDENTIFIED AS A PORTION OF THE PROPERTY CONVEYED BY W.R. HARRELL TO L.L. CLEMENTS BY DEED DATED JANUARY 20, 1948, AND RECORDED IN THE OFFICE OF THE CLERK OF DODGE SUPERIOR COURT IN DEED BOOK 59, PAGE 440.
TRACT II: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF EASTMAN, DODGE COUNTY, GEORGIA, LOCATED AT THE EAST CORNER OF THE INTERSECTION OF THIRD AVENUE AND FOSTER STREET FRONTING ON THIRD AVENUE A DISTANCE OF 125.00 FEET AND ON FOSTER STREET A DISTANCE OF 112.50 FEET AND CONSISTING OF LOTS NOS. 25, 26, 27 AND 28 IN SECTION 45 OF THE CITY OF EASTMAN, AND BEING FURTHER IDENTI-
FIED AS THE OLD HOMEPLACE OF ROBERT J. PAUL
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. The debt remaining 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).
Said property is commonly known as 5406 3RD AVENUE, EASTMAN, GA 31023, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): KIMBERLY S. SHEFFIELD AND CHARLES KENNETH SHEFFIELD or tenant or 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; (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.
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.
Pursuant to O.C.G.A. Section 44-14- 162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
OCWEN LOAN SERVICING, LLC
Attention: Home Retention
Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Facsimile: 1-407-737-5693
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifififically being
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK
MINNESOTA, N.A., AS
TRUSTEE F/K/A NORWEST BANK MINNESOTA, N.A., AS TRUSTEE FOR MORGAN
STANLEY DEAN WITTER
CAPITAL I INC. TRUST 2002-NC3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-NC3
as attorney in fact for
KIMBERLY S. SHEFFIELD AND CHARLES KENNETH SHEFFIELD
RICHARD B. MANER, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
404-252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AFC13-97
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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 PRENTICE J. BENNETT to CITIZENS BANK & TRUST COMPANY, dated February 20, 1998, and recorded in Deed Book 299, page 174, 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 May, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 20TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND ORIGINALLY BEING THE WHOLE OF LAND LOT NO. 36 IN SAID DISTRICT, CONTAINING 208.35 ACRES, MORE OR LESS, AND BEING MORE FULLY DESCRIBED ACCORDING TO A PLAT THEREOF PREPARED BY JAKE D. HARRELL, SURVEYOR, ON OCTOBER 18, 1952, WHICH PLAT, OF RECORD IN PLAT BOOK 16, PAGE 109, DODGE COUNTY LAND RECORDS, IS INCORPORATED HEREIN AS PART OF THIS DESCRIPTION AND MADE A PART HEREOF BY THIS SPECIFIC REFERENCE THERETO.
LESS AND EXCEPT: ALL THAT PORTION OF SAID LAND LOT NO. 36 WHICH LIES SOUTHERLY OR SOUTHEASTERLY OF A PAVED COUNTY PUBLIC ROAD KNOWN AS ANTIOCH & DUBOIS ROADBOIS-FRIENDSHIP ROADTY ROAD NO. 109 AND CONTAINING 8.02 ACRES AS IS MORE PARTICULARLY DESCRIBED ON
A PLAT OF SURVEY PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR, IN AUGUST 1977, AND RECORDED IN PLAT BOOK 16, PAGE 221, DODGE COUNTY LAND RECORDS.
ALSO LESS AND EXCEPT: 3 ACRES OF LAND LYING ON THE NORTHWEST SIDE OF SAID PAVED COUNTY ROAD AS IS MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY THEREOF PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR IN AUGUST 1977, AND RECORDED IN PLAT BOOK 16, PAGE 110 AND ALSO PLAT BOOK 16, PAGE 242, DODGE COUNTY LAND RECORDS.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 7.1 ACRE TRACT WHICH LIES NORTHWEST OF SAID COUNTY PAVED PUBLIC ROAD AND AGAINST THE SOUTHWEST LAND LOT LINE OF SAID LAND LOT AS IS MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR, IN AUGUST 1977, AND RECORDED IN PLAT BOOK 16, PAGE 111, DODGE COUNTY LAND RECORDS.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 5 ACRE TRACT ON THE NORTHWEST SIDE OF SAID COUNTY PAVED PUBLIC ROAD AND AGAINST THE NORTHEAST LAND LOT LINE OF SAID LAND LOT LINE WHICH EXCEPTION IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE NORTHWEST RIGHT OF WAY LINE OF SAID ROAD AND THE NORTHEAST LAND LOT LINE OF SAID LOT AND RUN S 32 DEGREES 41 MINUTES 03 SECONDS W A DISTANCE OF 216.67’ TO AN IRON PIN; THEN N 57 DEGREES 18 MINUTES 57 SECONDS W A DISTANCE OF 696’ TO AN IRON PIN; THEN RUN N 32 DEGREES 52 MINUTES 28 SECONDS E A DISTANCE OF 407.09’ TO AN IRON PIN AND THE NORTHEAST LAND LOT LINE OF SAID LOT; THEN RUN S 41 DEGREES 59 MINUTES 12 SECONDS E A DISTANCE OF 720.28’ TO AN IRON PIN AND THE POINT OF BEGINNING. SAID EXCEPTED PARCEL CONTAINING 5 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY W. P. JOHNSON AND ASSOCIATES ON JUNE 16, 1990.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 10.24 ACRES, MORE OR LESS, PREVIOUSLY CONVEYED TO GEORGIA POWER COMPANY BY LESTER A. JONES, DATED JUNE 2, 1971 AND RECORDED IN DEED BOOK 121, PAGE 138, DODGE COUNTY LAND RECORDS, TOGETHER WITH THE ADDITIONAL RIGHTS OF INGRESS AND EGRESS UPON AND OVER ADJACENT LAND, PORTIONS OF WHICH ARE INCLUSIVE OF THE PROPERTY CONVEYED HEREBY AND ALSO ALL OTHER RIGHTS AS GRANTED THEREIN.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 25.00 ACRES OF LAND CONVEYED FROM PRENTICE J. BENNETT, JR., TO JIMMY MANNING AND ASHLEY MANNING BY WARRANTY DEED DATED THE SAME AS THIS DOCUMENT AND RECORDED IN DEED BOOK 299, PAGE 170-171, DODGE COUNTY LAND RECORDS. SAID TRACT IS FURTHER DESCRIBED ACCORDING TO THAT CERTAIN PLAT OF SURVEY PREPARED BY W. P. JOHNSON AND ASSOCIATES FOR JIMMY AND ASHLEY MANNING, DATED JANUARY 5, 1994, AND RECORDED IN PLAT BOOK 29, PAGE 31, DODGE COUNTY LAND RECORDS.
THIS PROPERTY IS FURTHER CONVEYED SUBJECT TO RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
THE PROPERTY CONVEYED HEREBY CONTAINS 149.99 ACRES, MORE OR LESS, HOWEVER, IT IS THE INTENTION TO CONVEY HEREUNDER ALL LANDS IN SAID LAND LOT 36 OF THE 20TH LAND DISTRICT WHICH LIE NORTHERLY AND NORTHWESTERLY OF SAID COUNTY PAVED PUBLIC ROAD HEREINBEFORE REFERENCED TO WITH THE EXCEPTION OF THE SPECIFIC EXCEPTIONS AS HEREINABOVE DESCRIBED.
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
PRENTICE J. BENNETT
SUMNER, AVERY & HARPER, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF DODGE
Under and by virtue of the Power of Sale in that certain Security Deed from DOROTHY LEE COLEY, Grantor, to FARMERS STATE BANK, Grantee, dated January 11, 2011 and recorded in Deed Book 673, page 205-210, Dodge County Records; said Security Deed having been given to secure promissory note dated November 25, 2011 in the principal amount of $12,481.24, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Dodge County Georgia, on the first Tuesday in May 2013, to wit: May 1st, 2013 , to the highest and best bidder for cash, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE TOWN OF CHESTER , DODGE COUNTY , GEORGIA AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 35 YARDS WEST OF A MARKED CORNER WHERE PROPERTY OF JAMES ROWLAND JOINS PROPERTY OF IVEY MCLEOD ; THENCE RUNNING IN A WESTERLY DIRECTION FOR A DISTANCE OF 30 YARDS TO AN AGREED CORNER; THENCE IN A NORTHERLY DIRECTION FOR A DISTANCE OF 70 YARDS ; THENCE IN AN EASTERLY DIRECTION FOR A DISTANCE OF 30 YARDS; THENCE IN A SOUTHERLY DIRECTION FOR A DISTANCE OF 70 YARDS BACK TO THE BEGINNING POINT; SAID TRACT OF LAND BEING BOUNDED ON THE EAST BY PROPERTY OF JAMES ROWLAND, ON THE SOUTH BY A STREET KNOWN AS PINE STREET, ON THE WEST BY PROPERTY OF FAIRBE MULLIS, AND ON THE NORTH BY PROPERTY OF E. F. LIVINGSTON; AND BEING THE SAME PROPERTY CONVEYED TO ALBERT HOLT AND MRS. SHIRLEY HOLT BY JAMES ROWLAND AND DOROTHY ROWLAND, BY DEED DATED NOVEMBER 15, 1958 AND OF RECORD IN THE OFFICE OF DODGE COUNTY SUPERIOR COURT IN DEED BOOK 83, PAGE 350-351.
SAID PROPERTY HAS THE ADDRESS OF 244 PINE STREET, CHESTER, GEORGIA, 31012.
NOTICE PURSUANT TO §44-14-162.2 O.C.G .A . HAS BEEN GIVEN.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of default pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default , the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt, including attorney’s fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned’s knowledge and belief, the property is in the possession of DOROTHY LEE COLEY , and said property will be sold as the property of DOROTHY LEE COLEY subject to any and all outstanding ad valorem taxes, street improvements , easements or other restrictions of record, if any . The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
The name, address, and telephone number of the individual or entity who has the authority to negotiate, amend, and modify all terms of said mortgage is JIM BRANTLEY, FARMERS STATE BANK, 1620 Veterans Blvd., Dublin, Georgia 31021; (478) 275-3223.
This law firm is a debt collector attempting to collect a debt and any information
obtained will be used for that purpose
FARMERS STATE BANK
as attorney-in fact for
DOROTHY LEE COLEY
MORRIS S. ROBERTSON, P.C.
113 East Gaines Street
P. 0. Drawer 2047
Dublin , GA 31040
478-272-7701
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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 that certain Deed to Secure Debt (“Security Deed”) executed by ROY SCHNEIDER, III and KAREN SCHNEIDER in favor of COMMUNITY BANK AND TRUST dated February 6, 2006, recorded at Deed Book 533, Pages 120-123, re-recorded April 6, 2006 in Deed Book 537, Pages 281-284, to correct the date of the original Security Deed to February 2, 2006, transferred and assigned January 24, 2011, by assignment recorded in Deed Book 673, Page 211, Dodge County Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Dodge County, Georgia, during the legal hours of sale, on the first Tuesday in May, that being May 7, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN PORTIONS OF LAND LOTS NUMBERS 164, 165, 166, AND 167 IN THE 19TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, CONTAINING 123.54 ACRES, MORE OR LESS, BEING MORE PARTICULARLY SHOWN AND DELINEATED AS TRACT #2 IN THAT CERTAIN PLAT OF SUR-
VEY BY GRADY BONEY, CENTRAL SOUTH SURVEYING, DATED NOVEMBER 16, 2005, WHICH PLAT, RECORDED IN PLAT BOOK 35, PAGE 144, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF DODGE COUNTY, GEORGIA.
The debt secured by said Security Deed is evidenced by a Real Property Secured Note (the “Note”), dated February 2, 2006, in the original principal amount of $178,278.75, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of ROY SCHNEIDER III and KAREN SCHNEIDER, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of ROY SCHNEIDER III and KAREN SCHNEIDER and will be sold as the property of ROY SCHNEIDER III and KAREN SCHNEIDER.
A Discharge of Debtor has been entered in the ROY SCHNEIDER, III Chapter 7 Bankruptcy Case No. 8:12-bk-18358-KRM, U.S. Bankruptcy Court, Middle District of Florida.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
ROY SCHNEIDER III and
KAREN SCHNEIDER
By: SCBT d/b/a CBT,
a Division of SCBT
as Attorney-in-Fact
HULSEY, OLIVER & MAHAR, LLP
P. O. Box 1457
Gainesville, GA 30503
770-532-6312
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NOTICE OF INCORPORATION
Notice is given that articles of incorporation that will incorporate LITTLE BIT DELI, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 5827 WINDSOR WAY and its initial registered agent at such address is GLYNDA COLLINS.
1007 DEBTORS AND CREDITORS
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NOTICE TO DEBTORS AND CREDITORS
RE: ESTATE OF LYNETTE H.
JOHNSON
All creditors of the Estate of Lynette H. Johnson, deceased, late of Dodge County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
The 1st day of April, 2013.
RANDY A. JOHNSON,
EXECUTOR
Estate of LYNETTE H. JOHNSON
1215 Wood Valley Road
Eastman, GA 31023
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE.
All creditors of the Estate of RUTH BURNAM POWELL, 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 26th day of March 2013.
JEROME PETERSON
Executor of the Estate of
RUTH BURNAM POWELL
C. MICHAEL JOHNSON
Attorney at Law
5414 Anson Avenue
Eastman, GA 31023
478-374-4255
1011 FORECLOSURES
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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 KIMBERLY S. SHEFFIELD AND CHARLES KENNETH SHEFFIELD to NEW CENTURY MORTGAGE CORPORATION, dated MAY 08, 2002, and recorded in Deed Book 408, Page 314, Dodge County, Georgia records, AS LAST TRANSFERRED TO WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE F/K/A NORWEST BANK MINNESOTA, N.A., AS TRUSTEE FOR MORGAN STANLEY DEAN WITTER CAPITAL I INC. TRUST 2002-NC3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-NC3 BY ASSIGNMENT RECORDED IN DEED BOOK 709, PAGE 280, DODGE COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $79,050.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Dodge County, Georgia, within the legal hours of sale on the first Tuesday in May, 2013, to wit: May 07, 2013, the following described property:
TRACT I: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF EASTMAN, DODGE COUNTY, GEORGIA, AND BEING BOUNDED ON THE NORTHWEST BY LANDS OF EDWIN PAUL, ON THE NORTHEAST BY LANDS OF MRS. NANNIE DILLARD, ON THE SOUTHEAST BY LANDS OF W.O. CONNELL AND ON THE SOUTHWEST BY FOSTER STREET FRONTING 112.50 FEET, MORE OR LESS, ON THE NORTHEAST SIDE OF FOSTER STREET AND EXTENDING IN A NORTHEASTERLY DIRECTION A DISTANCE OF 125.00 FEET, MORE OR LESS, TO LANDS OF MRS. NANNIE DILLARD AND BEING FURTHER IDENTIFIED AS A PORTION OF THE PROPERTY CONVEYED BY W.R. HARRELL TO L.L. CLEMENTS BY DEED DATED JANUARY 20, 1948, AND RECORDED IN THE OFFICE OF THE CLERK OF DODGE SUPERIOR COURT IN DEED BOOK 59, PAGE 440.
TRACT II: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF EASTMAN, DODGE COUNTY, GEORGIA, LOCATED AT THE EAST CORNER OF THE INTERSECTION OF THIRD AVENUE AND FOSTER STREET FRONTING ON THIRD AVENUE A DISTANCE OF 125.00 FEET AND ON FOSTER STREET A DISTANCE OF 112.50 FEET AND CONSISTING OF LOTS NOS. 25, 26, 27 AND 28 IN SECTION 45 OF THE CITY OF EASTMAN, AND BEING FURTHER IDENTI-
FIED AS THE OLD HOMEPLACE OF ROBERT J. PAUL
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. The debt remaining 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).
Said property is commonly known as 5406 3RD AVENUE, EASTMAN, GA 31023, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): KIMBERLY S. SHEFFIELD AND CHARLES KENNETH SHEFFIELD or tenant or 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; (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.
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.
Pursuant to O.C.G.A. Section 44-14- 162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
OCWEN LOAN SERVICING, LLC
Attention: Home Retention
Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Facsimile: 1-407-737-5693
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifififically being
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK
MINNESOTA, N.A., AS
TRUSTEE F/K/A NORWEST BANK MINNESOTA, N.A., AS TRUSTEE FOR MORGAN
STANLEY DEAN WITTER
CAPITAL I INC. TRUST 2002-NC3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-NC3
as attorney in fact for
KIMBERLY S. SHEFFIELD AND CHARLES KENNETH SHEFFIELD
RICHARD B. MANER, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
404-252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AFC13-97
gpn 11
NOTICE OF SALE UNDER POWER IN SECURITY DEED
Under and by virtue of the power of sale contained in the security deed from PRENTICE J. BENNETT to CITIZENS BANK & TRUST COMPANY, dated February 20, 1998, and recorded in Deed Book 299, page 174, 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 May, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 20TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND ORIGINALLY BEING THE WHOLE OF LAND LOT NO. 36 IN SAID DISTRICT, CONTAINING 208.35 ACRES, MORE OR LESS, AND BEING MORE FULLY DESCRIBED ACCORDING TO A PLAT THEREOF PREPARED BY JAKE D. HARRELL, SURVEYOR, ON OCTOBER 18, 1952, WHICH PLAT, OF RECORD IN PLAT BOOK 16, PAGE 109, DODGE COUNTY LAND RECORDS, IS INCORPORATED HEREIN AS PART OF THIS DESCRIPTION AND MADE A PART HEREOF BY THIS SPECIFIC REFERENCE THERETO.
LESS AND EXCEPT: ALL THAT PORTION OF SAID LAND LOT NO. 36 WHICH LIES SOUTHERLY OR SOUTHEASTERLY OF A PAVED COUNTY PUBLIC ROAD KNOWN AS ANTIOCH & DUBOIS ROADBOIS-FRIENDSHIP ROADTY ROAD NO. 109 AND CONTAINING 8.02 ACRES AS IS MORE PARTICULARLY DESCRIBED ON
A PLAT OF SURVEY PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR, IN AUGUST 1977, AND RECORDED IN PLAT BOOK 16, PAGE 221, DODGE COUNTY LAND RECORDS.
ALSO LESS AND EXCEPT: 3 ACRES OF LAND LYING ON THE NORTHWEST SIDE OF SAID PAVED COUNTY ROAD AS IS MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY THEREOF PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR IN AUGUST 1977, AND RECORDED IN PLAT BOOK 16, PAGE 110 AND ALSO PLAT BOOK 16, PAGE 242, DODGE COUNTY LAND RECORDS.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 7.1 ACRE TRACT WHICH LIES NORTHWEST OF SAID COUNTY PAVED PUBLIC ROAD AND AGAINST THE SOUTHWEST LAND LOT LINE OF SAID LAND LOT AS IS MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR, IN AUGUST 1977, AND RECORDED IN PLAT BOOK 16, PAGE 111, DODGE COUNTY LAND RECORDS.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 5 ACRE TRACT ON THE NORTHWEST SIDE OF SAID COUNTY PAVED PUBLIC ROAD AND AGAINST THE NORTHEAST LAND LOT LINE OF SAID LAND LOT LINE WHICH EXCEPTION IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE NORTHWEST RIGHT OF WAY LINE OF SAID ROAD AND THE NORTHEAST LAND LOT LINE OF SAID LOT AND RUN S 32 DEGREES 41 MINUTES 03 SECONDS W A DISTANCE OF 216.67’ TO AN IRON PIN; THEN N 57 DEGREES 18 MINUTES 57 SECONDS W A DISTANCE OF 696’ TO AN IRON PIN; THEN RUN N 32 DEGREES 52 MINUTES 28 SECONDS E A DISTANCE OF 407.09’ TO AN IRON PIN AND THE NORTHEAST LAND LOT LINE OF SAID LOT; THEN RUN S 41 DEGREES 59 MINUTES 12 SECONDS E A DISTANCE OF 720.28’ TO AN IRON PIN AND THE POINT OF BEGINNING. SAID EXCEPTED PARCEL CONTAINING 5 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY W. P. JOHNSON AND ASSOCIATES ON JUNE 16, 1990.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 10.24 ACRES, MORE OR LESS, PREVIOUSLY CONVEYED TO GEORGIA POWER COMPANY BY LESTER A. JONES, DATED JUNE 2, 1971 AND RECORDED IN DEED BOOK 121, PAGE 138, DODGE COUNTY LAND RECORDS, TOGETHER WITH THE ADDITIONAL RIGHTS OF INGRESS AND EGRESS UPON AND OVER ADJACENT LAND, PORTIONS OF WHICH ARE INCLUSIVE OF THE PROPERTY CONVEYED HEREBY AND ALSO ALL OTHER RIGHTS AS GRANTED THEREIN.
ALSO LESS AND EXCEPT: ALL THAT CERTAIN 25.00 ACRES OF LAND CONVEYED FROM PRENTICE J. BENNETT, JR., TO JIMMY MANNING AND ASHLEY MANNING BY WARRANTY DEED DATED THE SAME AS THIS DOCUMENT AND RECORDED IN DEED BOOK 299, PAGE 170-171, DODGE COUNTY LAND RECORDS. SAID TRACT IS FURTHER DESCRIBED ACCORDING TO THAT CERTAIN PLAT OF SURVEY PREPARED BY W. P. JOHNSON AND ASSOCIATES FOR JIMMY AND ASHLEY MANNING, DATED JANUARY 5, 1994, AND RECORDED IN PLAT BOOK 29, PAGE 31, DODGE COUNTY LAND RECORDS.
THIS PROPERTY IS FURTHER CONVEYED SUBJECT TO RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
THE PROPERTY CONVEYED HEREBY CONTAINS 149.99 ACRES, MORE OR LESS, HOWEVER, IT IS THE INTENTION TO CONVEY HEREUNDER ALL LANDS IN SAID LAND LOT 36 OF THE 20TH LAND DISTRICT WHICH LIE NORTHERLY AND NORTHWESTERLY OF SAID COUNTY PAVED PUBLIC ROAD HEREINBEFORE REFERENCED TO WITH THE EXCEPTION OF THE SPECIFIC EXCEPTIONS AS HEREINABOVE DESCRIBED.
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
PRENTICE J. BENNETT
SUMNER, AVERY & HARPER, LLC
Post Office Drawer 248
Dublin, Georgia 31040
478-272-7933
gpn 11
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF DODGE
Under and by virtue of the Power of Sale in that certain Security Deed from DOROTHY LEE COLEY, Grantor, to FARMERS STATE BANK, Grantee, dated January 11, 2011 and recorded in Deed Book 673, page 205-210, Dodge County Records; said Security Deed having been given to secure promissory note dated November 25, 2011 in the principal amount of $12,481.24, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Dodge County Georgia, on the first Tuesday in May 2013, to wit: May 1st, 2013 , to the highest and best bidder for cash, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE TOWN OF CHESTER , DODGE COUNTY , GEORGIA AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 35 YARDS WEST OF A MARKED CORNER WHERE PROPERTY OF JAMES ROWLAND JOINS PROPERTY OF IVEY MCLEOD ; THENCE RUNNING IN A WESTERLY DIRECTION FOR A DISTANCE OF 30 YARDS TO AN AGREED CORNER; THENCE IN A NORTHERLY DIRECTION FOR A DISTANCE OF 70 YARDS ; THENCE IN AN EASTERLY DIRECTION FOR A DISTANCE OF 30 YARDS; THENCE IN A SOUTHERLY DIRECTION FOR A DISTANCE OF 70 YARDS BACK TO THE BEGINNING POINT; SAID TRACT OF LAND BEING BOUNDED ON THE EAST BY PROPERTY OF JAMES ROWLAND, ON THE SOUTH BY A STREET KNOWN AS PINE STREET, ON THE WEST BY PROPERTY OF FAIRBE MULLIS, AND ON THE NORTH BY PROPERTY OF E. F. LIVINGSTON; AND BEING THE SAME PROPERTY CONVEYED TO ALBERT HOLT AND MRS. SHIRLEY HOLT BY JAMES ROWLAND AND DOROTHY ROWLAND, BY DEED DATED NOVEMBER 15, 1958 AND OF RECORD IN THE OFFICE OF DODGE COUNTY SUPERIOR COURT IN DEED BOOK 83, PAGE 350-351.
SAID PROPERTY HAS THE ADDRESS OF 244 PINE STREET, CHESTER, GEORGIA, 31012.
NOTICE PURSUANT TO §44-14-162.2 O.C.G .A . HAS BEEN GIVEN.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of default pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default , the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt, including attorney’s fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned’s knowledge and belief, the property is in the possession of DOROTHY LEE COLEY , and said property will be sold as the property of DOROTHY LEE COLEY subject to any and all outstanding ad valorem taxes, street improvements , easements or other restrictions of record, if any . The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
The name, address, and telephone number of the individual or entity who has the authority to negotiate, amend, and modify all terms of said mortgage is JIM BRANTLEY, FARMERS STATE BANK, 1620 Veterans Blvd., Dublin, Georgia 31021; (478) 275-3223.
This law firm is a debt collector attempting to collect a debt and any information
obtained will be used for that purpose
FARMERS STATE BANK
as attorney-in fact for
DOROTHY LEE COLEY
MORRIS S. ROBERTSON, P.C.
113 East Gaines Street
P. 0. Drawer 2047
Dublin , GA 31040
478-272-7701
gpn 11
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DODGE
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (“Security Deed”) executed by ROY SCHNEIDER, III and KAREN SCHNEIDER in favor of COMMUNITY BANK AND TRUST dated February 6, 2006, recorded at Deed Book 533, Pages 120-123, re-recorded April 6, 2006 in Deed Book 537, Pages 281-284, to correct the date of the original Security Deed to February 2, 2006, transferred and assigned January 24, 2011, by assignment recorded in Deed Book 673, Page 211, Dodge County Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Dodge County, Georgia, during the legal hours of sale, on the first Tuesday in May, that being May 7, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN PORTIONS OF LAND LOTS NUMBERS 164, 165, 166, AND 167 IN THE 19TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, CONTAINING 123.54 ACRES, MORE OR LESS, BEING MORE PARTICULARLY SHOWN AND DELINEATED AS TRACT #2 IN THAT CERTAIN PLAT OF SUR-
VEY BY GRADY BONEY, CENTRAL SOUTH SURVEYING, DATED NOVEMBER 16, 2005, WHICH PLAT, RECORDED IN PLAT BOOK 35, PAGE 144, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF DODGE COUNTY, GEORGIA.
The debt secured by said Security Deed is evidenced by a Real Property Secured Note (the “Note”), dated February 2, 2006, in the original principal amount of $178,278.75, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of ROY SCHNEIDER III and KAREN SCHNEIDER, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of ROY SCHNEIDER III and KAREN SCHNEIDER and will be sold as the property of ROY SCHNEIDER III and KAREN SCHNEIDER.
A Discharge of Debtor has been entered in the ROY SCHNEIDER, III Chapter 7 Bankruptcy Case No. 8:12-bk-18358-KRM, U.S. Bankruptcy Court, Middle District of Florida.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
ROY SCHNEIDER III and
KAREN SCHNEIDER
By: SCBT d/b/a CBT,
a Division of SCBT
as Attorney-in-Fact
HULSEY, OLIVER & MAHAR, LLP
P. O. Box 1457
Gainesville, GA 30503
770-532-6312
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