Legals for December 24, 2013 Part 1
1004
CONDEMNATIONS
NOTICE OF SEIZURE OF
PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. § 16-13-49(n), any party claiming an interest in the following property is hereby notified that on December 1, 2013, said property was seized by the undersigned agency in Dodge County, Georgia:
EIGHT HUNDRED THIRTY FOUR DOLLARS ($834.00) IN UNITED STATES CURRENCY
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. § 16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 6th day of DECEMBER, 2013.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
WESLEY DYAL
Eastman Police Department
5117 2nd Avenue
Eastman, GA 31023
1007
DEBTORS AND CREDITORS
NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE
All creditors of the Estate of DIANE C. WEEKS, 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 1st day of October, 2013.
DAVID H. WEEKS
Co-Executor of the Estate of
DIANE C. WEEKS
TODD E. WEEKS
Co-Executor of the Estate of
DIANE C. WEEKS
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NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA
COUNTY OF DODGE
IN RE: ESTATE OF CLYDE STANLEY
All creditors of the Estate of CLYDE STANLEY are hereby notified to render in their demands to the undersigned in accordance with the law, and all persons indebted to said Estate are required to make immediate payment to me.
This the 10th day of December, 2013.
VIRGIE MAE STANLEY
Executor of the Estate of
CLYDE STANLEY, Deceased
Joseph I. Marchant, LLC
Attorney for Executrix
Post Office Box 4218
Eastman, Georgia 31023
478-374-1505
1010
FAMILY, CHILDREN, YOUTH
IN THE JUVENILE COURT OF DODGE COUNTY
STATE OF GEORGIA
IN THE INTEREST OF:
J.D., DOB: 11/14/2013
A CHILD UNDER 18 YEARS OF AGE
CASE # 045-13J2841
NOTICE OF SUMMONS PUBLICATION
TO: ERNEST WALKER, and any other persons claiming to have a parental interest in the minor child named above born to BRENDALYNN DURHAM on the date above-listed.
The Georgia Department of Human Services filed a Petition on November 18, 2013, in the Juvenile Court of Dodge County, Georgia, seeking temporary custody of your child.
An Order allowing service on you by newspaper publication was signed on November 25, 2013.
The final hearing in this matter is scheduled for February 06, 2014 at 9:30 a.m. in the Juvenile Court of Dodge County, Georgia.
You are commanded to file an Answer with the Clerk of said Court and the Petitioner’s Attorney, Sarah M. Tipton-Downie, within sixty (60) days from November 25, 2013.
WITNESS DENNIS MULLIS, JUDGE OF SAID COURT.
RHETT WALKER
Clerk, Juvenile Court of Dodge County
This document prepared by
SARAH TIPTON-DOWNIE
Special Assistant Attorney General
Post Office Box 926
Vidalia, Georgia 30475
912-537-9265
1011
FORECLOSURES
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA,
COUNTY OF DODGE.
Under and by virtue of the Power of Sale contained in a Security Deed from
SARALAND, LLLP to BANK OF EASTMAN dated December 14, 2009, filed for record December 30, 2009, and recorded in Deed Book 647, Pages 113-115, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in January, 2014, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NUMBERS 198 AND 199 IN THE 16TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, CONSISTING OF 12.1 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE BEGINNING POINT IS THE POINT OF INTERSECTION OF THE SOUTHEASTERN LAND LOT LINE OF SAID LAND LOT NUMBER 198 WITH THE CENTERLINE OF OCMULGEE CHURCH ROAD (FORMERLY KNOWN AS SOUTHERLAND ROAD), AND FROM SAID BEGINNING POINT, AS THUS ESTABLISHED, RUNNING THENCE SOUTH 14 DEGREES 50 MINUTES EAST A DISTANCE OF 75.00 FEET, RUNNING THENCE SOUTH 30 DEGREES 30 MINUTES EAST FOR A DISTANCE OF 90.00 FEET, RUNNING THENCE SOUTH 66 DEGREES WEST FOR A DISTANCE OF 1,247.00 FEET, RUNNING THENCE NORTH 24 DEGREES WEST FOR A DISTANCE OF 420.00 FEET, RUNNING THENCE NORTH 66 DEGREES EAST FOR A DISTANCE OF 1,263.50 FEET, RUNNING THENCE SOUTH 22 DEGREES 22 MINUTES EAST FOR A DISTANCE OF 20.00 FEET, RUNNING THENCE NORTH 66 DEGREES EAST FOR A DISTANCE OF 53.80 FEET TO SAID CENTERLINE OF OCMULGEE CHURCH ROAD, RUNNING THENCE SOUTH 01 DEGREE 30 MINUTES EAST FOR A DISTANCE OF 123.50 FEET, AND RUNNING THENCE SOUTH 14 DEGREES 50 MINUTES EAST FOR A DISTANCE OF 125.00 FEET TO BEGINNING POINT; SAID TRACT BEING MORE PARTICULARLY DESCRIBED AND SHOWN ON THAT CERTAIN PLAT OF SURVEY DATED JUNE 1970, MADE BY JIM H. ROSS, SURVEYOR, AND A SKETCH LATER ADDED THERETO, AS FOUND RECORDED IN DEED BOOK 12 AT PAGE 201 IN THE DEED RECORDS OF DODGE COUNTY; SAID PLAT AND SKETCH BEING INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE THERETO.
SUBJECT TO EXISTING EASEMENTS FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
SUBJECT ALSO TO THE COVENANTS AND RESTRICTIONS CONTAINED IN THOSE CERTAIN APPLICATIONS FOR CONSERVATION USE ASSESSMENT OF AGRICULTURAL PROPERTY FOUND RECORDED IN DEED BOOK 510 AT PAGES 77 AND 78 RESPECTIVELY IN THE DEED RECORDS OF DODGE COUNTY, GEORGIA.
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 shall be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees, notice having been given of intent to collect attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes, any matter 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is SARALAND, LLLP, or a tenant or tenants.
BANK OF EASTMAN
As Attorney in Fact for
SARALAND, LLLP
DANIEL M. KING, JR.
King Law Group
617 Bellevue Avenue(31021)
Post Office Box 4329
Dublin, Georgia 31040
478-275-2255
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
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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 Security Deed from PAUL RANDALL LEWIS to BANK OF EASTMAN dated August 28, 2008, filed for record August 28, 2008, and recorded in Deed Book 615, Pages 4-5, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in January, 2014, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 92 IN THE 19TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE WEST CORNER OF SAID LAND LOT AND RUN THENCE SOUTH 45 DEGREES 22 MINUTES EAST ALONG A FENCE ON THE SOUTHWEST LAND LOT LINE A DISTANCE OF 3007.8 FEET TO A POINT; THENCE RUN ALONG THE SOUTHEAST LAND LOT LINE IN A DIRECTION OF NORTH 44 DEGREES 58 MINUTES 40 SECONDS EAST A DISTANCE OF 1390.5 FEET TO A POINT; THENCE RUN IN A DIRECTION OF NORTH 38 DEGREES 11 MINUTES 20 SECONDS WEST A DISTANCE OF 2,212.1 FEET TO A POINT; THENCE RUN ALONG A CREEK IN A DIRECTION OF SOUTH 83 DEGREES 10 MINUTES 20 SECONDS WEST A DISTANCE OF 246.00 FEET TO A POINT; THENCE RUN NORTH 80 DEGREES 07 MINUTES WEST A DISTANCE OF 260.5 FEET TO A POINT; THENCE RUN IN A DIRECTION OF SOUTH 69 DEGREES 02 MINUTES 20 SECONDS WEST A DISTANCE OF 250.1 FEET TO A POINT; THENCE RUN IN A DIRECTION OF SOUTH 88 DEGREES 40 MINUTES WEST A DISTANCE OF 423.8 FEET TO A POINT ON THE NORTHWEST LAND LOT LINE; THENCE RUN ALONG THE NORTHWEST LAND LOT LINE IN A DIRECTION OF SOUTH 44 DEGREES 48 MINUTES WEST A DISTANCE OF 768.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THIS DESCRIPTION. ALL ACCORDING TO A PLAT OF SURVEY DATED NOVEMBER 06, 1985, PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR, WHICH IS RECORDED IN PLAT BOOK 20, PAGE 160, DODGE COUNTY LAND RECORDS, WHICH SAID PLAT AND THE RECORD THEREOF ARE BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF FOR DESCRIPTIVE AND ALL OTHER LEGAL PURPOSES. SAID TRACT OF LAND CONTAINING 101.5 ACRES.
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 shall be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees, notice having been given of intent to collect attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes, any matter 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAUL RANDALL LEWIS, or a tenant or tenants.
BANK OF EASTMAN
As Attorney in Fact for
PAUL RANDALL LEWIS
DANIEL M. KING, JR.
KING LAW GROUP
617 Bellevue Avenue (31021)
Post Office Box 4329
Dublin, Georgia 31040
478-275-2255
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
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NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in a Deed to Secure Debt by
ALONZO JACKSON and DELORES JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated September 24, 2008 and filed for record September 26, 2008 in Deed Book 617, Page 129-143, Dodge County, Georgia records, and securing a Note in the original principal amount of $102,040.00; last transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by Assignment, filed for record in Deed Book 706, Page 133, Dodge County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Dodge County, Georgia, between the legal hours of sale on the first Tuesday in January, 2014, by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney-in-Fact for ALONZO JACKSON and DELORES JACKSON the following property to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 16TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND BEING THAT PART OF LOT OF LAND NO. 279 DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE SOUTHWEST RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE THAT IS 210 FEET IN A NORTH 43 DEGREES 31 MINUTES WEST DIRECTION FROM THE POINT OF INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE WITH THE NORTHWEST RIGHT-OF-WAY LINE OF EDGEWOOD AVENUE AND FROM THE BEGINNING POINT THUS ESTABLISHED RUN IN A SOUTH 35 DEGREES 15 MINUTES WEST DIRECTION FOR A DISTANCE OF 420 FEET TO A POINT; THENCE IN A NORTH 45 DEGREES 12 MINUTES WEST DIRECTION FOR A DISTANCE OF 95.1 FEET TO A POINT; THENCE IN A NORTH 26 DEGREES 23 MINUTES EAST DIRECTION FOR A DISTANCE OF 441 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE IN A SOUTH 43 DEGREES 31 MINUTES EAST DIRECTION FOR A DISTANCE OF 165 FEET TO THE POINT OF BEGINNING; ALL ACCORDING TO A PLAT OF SURVEY OF SAID PROPERTY MADE BY CAREY E. TREADWELL, SURVEYOR, DATED FEBRUARY 6, 1975, AND OF RECORD IN THE OFFICE OF THE CLERK OF DODGE SUPERIOR COURT IN PLAT BOOK 15 AT PAGE 90; SAID PLAT BEING INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE THERETO.
THIS IS THE SAME PROPERTY DESCRIBED IN THAT CERTAIN WARRANTY DEED DATED OCTOBER 14, 2005, FROM PHILLIP W. BEARDEN AND PATTIE A. BEARDEN, ALSO KNOWN AS PATTI A. BEARDEN TO ERIC WAYNE GOURLEY AND NATALIE E. GOURLEY AS FOUND RECORDED IN DEED BOOK 522 AT PAGES 148-149 IN THE DEED RECORDS OF DODGE COUNTY, GEORGIA. SUBJECT TO EXISTING EASEMENTS FOR PUBLIC ROADS AND UTILITIES.
THE ABOVE DESCRIBED PROPERTY IS ALSO KNOWN AS 50 JARRELL DRIVE, EASTMAN, GA 31023.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity
who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
BANK OF AMERICA, N.A.
Home Loan Assistance Dept
7105 Corporate Drive
Plano, TX 75024
1-800-669-6650
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BANK OF AMERICA, N.A. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP
as Attorney-in-Fact for
ALONZO JACKSON and
DELORES JACKSON
SHUPING, MORSE & ROSS, L.L.P.
By: S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, GA 30274
770-991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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GEORGIA, DODGE COUNTY
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power of sale contained in that certain deed to secure debt from DANNY E. WARREN, Grantor, to STATE BANK OF COCHRAN, Grantee, dated November 10, 1997, and recorded in Book 300, Page 118-121, Dodge County Deed Records, said deed to secure debt having been given to secure a promissory note, together with all other debts, extensions, renewals and future advances thereto, there will be sold by the undersigned at public outcry to the highest and best bidder for cash, before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in January, 2014, the following described property, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 49 IN THE 19TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, CONTAINING FIVE (5) ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, START AT THE INTERSECTION FORMED BY THE CENTER LINE OF THE OLD CHESTER-CHICKEN ROAD CONNECTOR WITH THE SOUTHEAST LOT LINE OF LOT NO. 49; THENCE RUN ALONG THE CENTERLINE OF THE OLD CHESTER-CHICKEN ROAD CONNECTOR IN A NORTH 44 DEGREES, 54 MINUTES WEST DIRECTION A DISTANCE OF 1,745.5 FEET TO A POINT; THIS BEING THE POINT OF BEGINNING. AND FROM SAID POINT OF BEGINNING THUS ESTABLISHED, THENCE RUN SOUTH 48 DEGREES 00 MINUTES WEST, A DISTANCE OF 355.65 FEET TO A POINT; THENCE RUN NORTH 42 DEGREES 00 MINUTES WEST A DISTANCE OF 91.45 FEET TO A POINT; THENCE RUN SOUTH 48 DEGREES 00 FEET WEST A DISTANCE OF 430.36 FEET TO A POINT; THENCE RUN ALONG A FENCE NORTH 48 DEGREES 00 FEET EAST A DISTANCE OF 373.67 FEET TO A POINT; THENCE RUN SOUTH 42 DEGREES 00 FEET EAST A DISTANCE OF 313.10 FEET TO A POINT, THENCE RUN NORTH 48 DEGREES 00 MINUTES EAST A DISTANCE OF 208.71 FEET TO A POINT LOCATED ON THE CENTER LINE OF THE OLD CHESTER-CHICKEN ROAD CONNECTOR; THENCE RUN ALONG THE CENTERLINE OF SAID ROAD SOUTH 42 DEGREES 00 MINUTES EAST A DISTANCE OF 208.71 FEET BACK TO THE PLACE OR POINT OF BEGINNING. ALL ACCORDING TO A PLAT OF SURVEY, MADE BY CAREY E. TREADWELL, SURVEYOR, DATED FEBRUARY 2, 1979, AND RECORDED IN THE OFFICE OF THE CLERK OF DODGE SUPERIOR COURT IN PLAT BOOK 17, PAGE 13, AND SAID PLAT, TOGETHER WITH THE RECORD THEREOF BEING BY REFERENCE INCORPORATED HEREIN AND MADE A PART FOR DESCRIPTIVE AND ALL OTHER LEGAL PURPOSES.
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. 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, all 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 required by law.
Said property shall be sold as the property of DANNY E. WARREN, subject to any and all outstanding mortgages, ad valorem taxes, street improvements, easements, or other restrictions of record, if any. The undersigned will execute a deed under power of sale to the purchaser as provided in the deed to secure debt.
This 3rd day of December, 2013.
STATE BANK OF COCHRAN
Attorney in Fact for
DANNY E. WARREN
DENNIS MULLIS
Attorney at Law
P. O. Box 429
101 E. Cherry Street
Cochran, Georgia 31014
478-934-6352
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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 Security Deed (the “Security Deed”) from HARDY-TOWNS FUNERAL HOME, INC., A GEORGIA CORPORATION (“BORROWER”) TO DARBY BANK & TRUST CO., A GEORGIA BANKING CORPORATION (“LENDER”), dated April 4, 2008 and recorded April 14, 2008 in Deed Book 603, Page 313 et seq., of the Office of the Clerk of the Superior Court of Dodge County, Georgia, Records (the “Dodge County Records”), having been given to secure a Promissory Note (the “Note”) dated April 4, 2008 in original principal sum totaling FIVE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($530,000.00) with interest from the date thereof at the rate stated in the Note on the unpaid balance until paid; the above-referenced documents having been assigned by the Federal Deposit Insurance Corporation (the “FDIC”), as receiver for Lender, to Ameris Bank, a Georgia banking corporation (“Holder”), pursuant to that certain Assignment from the FDIC, as receiver for Lender, to Holder, dated May 15, 2013 and recorded May 30, 2013 in Deed Book 734, Page 44 et seq., Dodge County Records, there will be sold by Holder as attorney-in-fact of Borrower at public outcry to the highest bidder for cash before the courthouse door in Dodge County, Georgia, within the legal hours of sale on the first Tuesday in January, 2014, the following described property (the “Property”):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 11 IN THE 15TH LAND DISTRICT OF DODGE COUNTY, CITY OF EASTMAN, GEORGIA CONTAINING 12.795 ACRES, MORE OR LESS, AS SHOWN ON THAT CERTAIN PLAT OF SURVEY PREPARED BY GRADY BONEY, GA. RLS NO. 2460, DATED OCTOBER 2, 2007 AND RECORDED IN PLAT BOOK 36, PAGE 169 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF DODGE COUNTY, GEORGIA, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE FOR MORE COMPLETE DESCRIPTION. SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE CENTER LINE OF LAWNDALE DRIVE AND THE SOUTHWESTERN RIGHT-OF-WAY LINE OF U.S. HIGHWAY 23 / GEORGIA HIGHWAY 87 AND RUN SOUTH 68 DEGREES 13 MINUTES 10 SECONDS EAST A DISTANCE OF 134.51 FEET TO A BROKEN CONCRETE MONUMENT AND THE POINT OF BEGINNING; FROM THE ESTABLISHED POINT OF BEGINNING, RUN THENCE SOUTHEASTERLY ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 23 / GEORGIA HIGHWAY 87 A DISTANCE OF 1016.40 FEET (THE CHORD BEARING SOUTH 56 DEGREES 48 MINUTES 59 SECONDS EAST A DISTANCE OF 1011.18 FEET) TO A BROKEN CONCRETE MONUMENT; RUN THENCE ALONG SAID RIGHT-OF-WAY SOUTH 46 DEGREES 28 MINUTES 22 SECONDS EAST A DISTANCE OF 48.06 FEET TO A CONCRETE MONUMENT; RUN THENCE SOUTH 47 DEGREES 16 MINUTES 43 SECONDS WEST A DISTANCE OF 603 FEET TO AN IRON PIN; RUN THENCE NORTH 58 DEGREES 35 MINUTES 50 SECONDS WEST A DISTANCE OF 686.41 FEET TO AN IRON PIN; RUN THENCE NORTH 13 DEGREES 13 MINUTES 44 SECONDS EAST A DISTANCE OF 495.95 FEET TO AN IRON PIN; RUN THENCE NORTH 12 DEGREES 26 MINUTES 41 SECONDS EAST A DISTANCE OF 158.93 FEET TO A BROKEN CONCRETE MONUMENT AND THE POINT OF BEGINNING. THIS IS THE SAME TRACT OF LAND AS WAS CONVEYED FROM THE DODGE COUNTY BOARD OF EDUCATION / DODGE COUNTY SCHOOL DISTRICT TO HARDY-TOWNS FUNERAL HOME, INC. BY DEED DATED NOVEMBER 29, 2007 AND RECORDED IN DEED BOOK 591, PAGES 227-8, DODGE COUNTY DEED RECORDS.
SAID TRACT IS SUBJECT TO THE RIGHT-OF-WAY OF GEORGIA POWER COMPANY FOR THE TRANSMISSION LINE WHICH CROSSES SAID TRACT AS SHOWN ON THE AFORESAID PLAT OF SURVEY.
TOGETHER WITH ANY AND ALL OF THE FOLLOWING: (I) ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS NOW OR HEREAFTER LOCATED ON THE REAL PROPERTY OR ON ANY PART OR PARCEL THEREOF AND ALL FIXTURES AFFIXED OR ATTACHED, ACTUALLY OR CONSTRUCTIVELY, THERETO; (II) ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS, EASEMENTS AND APPURTENANCES BELONGING THEREUNTO OR IN ANY WISE APPERTAINING THERETO AND THE REVERSION AND REVERSIONS, REMAINDER AND REMAINDERS THEREOF; (III) ALL RENTS ACCRUING THEREFROM, WHETHER NOW OR HEREAFTER DUE; (IV) ALL ACCOUNTS AND CONTRACT RIGHTS NOW OR HEREAFTER ARISING IN CONNECTION WITH ANY PART OF PARCEL THEREOF OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS NOW OR HEREAFTER LOCATED THEREON, INCLUDING WITHOUT LIMITATION ALL ACCOUNTS AND CONTRACT RIGHTS IN AND TO ALL LEASES OR UNDERTAKINGS TO LEASE NOW OR HEREAFTER AFFECTING THE LAND OR ANY BUILDINGS, STRUCTURES, OR IMPROVEMENTS THEREON; (V) ALL MINERALS, FLOWERS, CROPS, TREES, TIMBER, SHRUBBERY AND OTHER EMBLEMENTS NOW OR HEREAFTER LOCATED THEREON OR THEREUNDER OR ON OR UNDER ANY PART OR PARCEL THEREOF; (VI) ALL ESTATES, RIGHTS, TITLE AND INTEREST THEREIN, OR IN ANY PART OR PARCEL THEREOF; (VII) ALL EQUIPMENT, MACHINERY, APPARATUS, FITTINGS, FIXTURES, FURNITURE, FURNISHINGS, MOBILE HOMES, MODULAR HOMES AND ALL PERSONAL PROPERTY OR EVERY KIND OR DESCRIPTION WHATSOEVER NOW OR HEREAFTER LOCATED THEREON, OR IN OR ON THE BUILDINGS, STRUCTURES AND IMPROVEMENTS THEREON AND USED IN CONNECTION WITH THE OPERATION AND MAINTENANCE THEREOF, AND ALL ADDITIONS THERETO AND REPLACEMENTS THEREOF; AND (VIII) ALL BUILDING MATERIALS, SUPPLIES, GOODS AND EQUIPMENT DELIVERED THERETO AND PLACED THEREON FOR THE PURPOSE OF BEING AFFIXED TO OR INSTALLED OR INCORPORATED OR OTHERWISE USED IN THE BUILDINGS, STRUCTURES, OR OTHER IMPROVEMENTS NOW OR HEREAFTER LOCATED THEREON OR ANY PART OR PARCEL THEREOF.
SUBJECT, HOWEVER, TO ALL VALID COVENANTS, RESTRICTIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
The indebtedness secured by said Security Deed has been and is declared due because of default under the terms of the 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 (notice of intent to collect attorney’s fees having been given), and all other payments provided for under the terms of the Security Deed and Note. Both the personal property and the real property constituting the Property will be sold at the sale pursuant to separate bids.
The Property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; all matters which would be disclosed by an accurate survey or by an inspection of the property; any and all outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; any and all special assessments; all bills for public utilities which con-
stitute liens upon said property; and all restrictive covenants, easements, rights-of-way, and any other matters of record superior to said Security Deed.
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.
TO THE BEST OF THE KNOWLEDGE AND BELIEF OF THE UNDERSIGNED, THE PARTY IN POSSESSION OF THE PROPERTY IS HARDY-TOWNS FUNERAL HOME, INC. OR TENANT(S).
AMERIS BANK, a Georgia
banking corporation,
As assignee of the FDIC, as receiver for Darby Bank & Trust Co.,
As attorney-in-fact for
Hardy-Towns Funeral Home, Inc.
Contact:
JOHN D. NORTHUP III, ESQ.
MORRIS, MANNING & MARTIN, LLP
24 Drayton Street, Suite 712
Savannah, GA 31401
912-232-7182
With Authority to Negotiate Pursuant to O.C.G.A. § 44-14-162.2:
PATRICK BRODMANN
AMERIS BANK
107 Southern Blvd., Suite 203
Savannah, GA 31405
912-651-7409
CONDEMNATIONS
NOTICE OF SEIZURE OF
PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00
Pursuant to O.C.G.A. § 16-13-49(n), any party claiming an interest in the following property is hereby notified that on December 1, 2013, said property was seized by the undersigned agency in Dodge County, Georgia:
EIGHT HUNDRED THIRTY FOUR DOLLARS ($834.00) IN UNITED STATES CURRENCY
You are further notified that you may file a claim within thirty (30) days of the second publication of this notice of seizure by sending a claim complying with the requirements of O.C.G.A. § 16-13-49 to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 6th day of DECEMBER, 2013.
Timothy G. Vaughn
District Attorney
Oconee Judicial Circuit
P.O. Box 1027
5401 Anson Avenue, Room 200
Eastman, Georgia 31023
Seizing Agency:
WESLEY DYAL
Eastman Police Department
5117 2nd Avenue
Eastman, GA 31023
1007
DEBTORS AND CREDITORS
NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA,
COUNTY OF DODGE
All creditors of the Estate of DIANE C. WEEKS, 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 1st day of October, 2013.
DAVID H. WEEKS
Co-Executor of the Estate of
DIANE C. WEEKS
TODD E. WEEKS
Co-Executor of the Estate of
DIANE C. WEEKS
gpn 07
NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA
COUNTY OF DODGE
IN RE: ESTATE OF CLYDE STANLEY
All creditors of the Estate of CLYDE STANLEY are hereby notified to render in their demands to the undersigned in accordance with the law, and all persons indebted to said Estate are required to make immediate payment to me.
This the 10th day of December, 2013.
VIRGIE MAE STANLEY
Executor of the Estate of
CLYDE STANLEY, Deceased
Joseph I. Marchant, LLC
Attorney for Executrix
Post Office Box 4218
Eastman, Georgia 31023
478-374-1505
1010
FAMILY, CHILDREN, YOUTH
IN THE JUVENILE COURT OF DODGE COUNTY
STATE OF GEORGIA
IN THE INTEREST OF:
J.D., DOB: 11/14/2013
A CHILD UNDER 18 YEARS OF AGE
CASE # 045-13J2841
NOTICE OF SUMMONS PUBLICATION
TO: ERNEST WALKER, and any other persons claiming to have a parental interest in the minor child named above born to BRENDALYNN DURHAM on the date above-listed.
The Georgia Department of Human Services filed a Petition on November 18, 2013, in the Juvenile Court of Dodge County, Georgia, seeking temporary custody of your child.
An Order allowing service on you by newspaper publication was signed on November 25, 2013.
The final hearing in this matter is scheduled for February 06, 2014 at 9:30 a.m. in the Juvenile Court of Dodge County, Georgia.
You are commanded to file an Answer with the Clerk of said Court and the Petitioner’s Attorney, Sarah M. Tipton-Downie, within sixty (60) days from November 25, 2013.
WITNESS DENNIS MULLIS, JUDGE OF SAID COURT.
RHETT WALKER
Clerk, Juvenile Court of Dodge County
This document prepared by
SARAH TIPTON-DOWNIE
Special Assistant Attorney General
Post Office Box 926
Vidalia, Georgia 30475
912-537-9265
1011
FORECLOSURES
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA,
COUNTY OF DODGE.
Under and by virtue of the Power of Sale contained in a Security Deed from
SARALAND, LLLP to BANK OF EASTMAN dated December 14, 2009, filed for record December 30, 2009, and recorded in Deed Book 647, Pages 113-115, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in January, 2014, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NUMBERS 198 AND 199 IN THE 16TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, CONSISTING OF 12.1 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE BEGINNING POINT IS THE POINT OF INTERSECTION OF THE SOUTHEASTERN LAND LOT LINE OF SAID LAND LOT NUMBER 198 WITH THE CENTERLINE OF OCMULGEE CHURCH ROAD (FORMERLY KNOWN AS SOUTHERLAND ROAD), AND FROM SAID BEGINNING POINT, AS THUS ESTABLISHED, RUNNING THENCE SOUTH 14 DEGREES 50 MINUTES EAST A DISTANCE OF 75.00 FEET, RUNNING THENCE SOUTH 30 DEGREES 30 MINUTES EAST FOR A DISTANCE OF 90.00 FEET, RUNNING THENCE SOUTH 66 DEGREES WEST FOR A DISTANCE OF 1,247.00 FEET, RUNNING THENCE NORTH 24 DEGREES WEST FOR A DISTANCE OF 420.00 FEET, RUNNING THENCE NORTH 66 DEGREES EAST FOR A DISTANCE OF 1,263.50 FEET, RUNNING THENCE SOUTH 22 DEGREES 22 MINUTES EAST FOR A DISTANCE OF 20.00 FEET, RUNNING THENCE NORTH 66 DEGREES EAST FOR A DISTANCE OF 53.80 FEET TO SAID CENTERLINE OF OCMULGEE CHURCH ROAD, RUNNING THENCE SOUTH 01 DEGREE 30 MINUTES EAST FOR A DISTANCE OF 123.50 FEET, AND RUNNING THENCE SOUTH 14 DEGREES 50 MINUTES EAST FOR A DISTANCE OF 125.00 FEET TO BEGINNING POINT; SAID TRACT BEING MORE PARTICULARLY DESCRIBED AND SHOWN ON THAT CERTAIN PLAT OF SURVEY DATED JUNE 1970, MADE BY JIM H. ROSS, SURVEYOR, AND A SKETCH LATER ADDED THERETO, AS FOUND RECORDED IN DEED BOOK 12 AT PAGE 201 IN THE DEED RECORDS OF DODGE COUNTY; SAID PLAT AND SKETCH BEING INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE THERETO.
SUBJECT TO EXISTING EASEMENTS FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
SUBJECT ALSO TO THE COVENANTS AND RESTRICTIONS CONTAINED IN THOSE CERTAIN APPLICATIONS FOR CONSERVATION USE ASSESSMENT OF AGRICULTURAL PROPERTY FOUND RECORDED IN DEED BOOK 510 AT PAGES 77 AND 78 RESPECTIVELY IN THE DEED RECORDS OF DODGE COUNTY, GEORGIA.
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 shall be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees, notice having been given of intent to collect attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes, any matter 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is SARALAND, LLLP, or a tenant or tenants.
BANK OF EASTMAN
As Attorney in Fact for
SARALAND, LLLP
DANIEL M. KING, JR.
King Law Group
617 Bellevue Avenue(31021)
Post Office Box 4329
Dublin, Georgia 31040
478-275-2255
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
gpn 11
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA,
COUNTY OF DODGE.
Under and by virtue of the Power of Sale contained in a Security Deed from PAUL RANDALL LEWIS to BANK OF EASTMAN dated August 28, 2008, filed for record August 28, 2008, and recorded in Deed Book 615, Pages 4-5, Dodge County Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in January, 2014, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 92 IN THE 19TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE WEST CORNER OF SAID LAND LOT AND RUN THENCE SOUTH 45 DEGREES 22 MINUTES EAST ALONG A FENCE ON THE SOUTHWEST LAND LOT LINE A DISTANCE OF 3007.8 FEET TO A POINT; THENCE RUN ALONG THE SOUTHEAST LAND LOT LINE IN A DIRECTION OF NORTH 44 DEGREES 58 MINUTES 40 SECONDS EAST A DISTANCE OF 1390.5 FEET TO A POINT; THENCE RUN IN A DIRECTION OF NORTH 38 DEGREES 11 MINUTES 20 SECONDS WEST A DISTANCE OF 2,212.1 FEET TO A POINT; THENCE RUN ALONG A CREEK IN A DIRECTION OF SOUTH 83 DEGREES 10 MINUTES 20 SECONDS WEST A DISTANCE OF 246.00 FEET TO A POINT; THENCE RUN NORTH 80 DEGREES 07 MINUTES WEST A DISTANCE OF 260.5 FEET TO A POINT; THENCE RUN IN A DIRECTION OF SOUTH 69 DEGREES 02 MINUTES 20 SECONDS WEST A DISTANCE OF 250.1 FEET TO A POINT; THENCE RUN IN A DIRECTION OF SOUTH 88 DEGREES 40 MINUTES WEST A DISTANCE OF 423.8 FEET TO A POINT ON THE NORTHWEST LAND LOT LINE; THENCE RUN ALONG THE NORTHWEST LAND LOT LINE IN A DIRECTION OF SOUTH 44 DEGREES 48 MINUTES WEST A DISTANCE OF 768.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THIS DESCRIPTION. ALL ACCORDING TO A PLAT OF SURVEY DATED NOVEMBER 06, 1985, PREPARED BY JIM H. ROSS, DODGE COUNTY SURVEYOR, WHICH IS RECORDED IN PLAT BOOK 20, PAGE 160, DODGE COUNTY LAND RECORDS, WHICH SAID PLAT AND THE RECORD THEREOF ARE BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF FOR DESCRIPTIVE AND ALL OTHER LEGAL PURPOSES. SAID TRACT OF LAND CONTAINING 101.5 ACRES.
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 shall be made for the purpose of paying the same, and all expenses of sale, including attorney’s fees, notice having been given of intent to collect attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes, any matter 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAUL RANDALL LEWIS, or a tenant or tenants.
BANK OF EASTMAN
As Attorney in Fact for
PAUL RANDALL LEWIS
DANIEL M. KING, JR.
KING LAW GROUP
617 Bellevue Avenue (31021)
Post Office Box 4329
Dublin, Georgia 31040
478-275-2255
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
gpn 11
NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in a Deed to Secure Debt by
ALONZO JACKSON and DELORES JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated September 24, 2008 and filed for record September 26, 2008 in Deed Book 617, Page 129-143, Dodge County, Georgia records, and securing a Note in the original principal amount of $102,040.00; last transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by Assignment, filed for record in Deed Book 706, Page 133, Dodge County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Dodge County, Georgia, between the legal hours of sale on the first Tuesday in January, 2014, by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney-in-Fact for ALONZO JACKSON and DELORES JACKSON the following property to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 16TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND BEING THAT PART OF LOT OF LAND NO. 279 DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE SOUTHWEST RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE THAT IS 210 FEET IN A NORTH 43 DEGREES 31 MINUTES WEST DIRECTION FROM THE POINT OF INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE WITH THE NORTHWEST RIGHT-OF-WAY LINE OF EDGEWOOD AVENUE AND FROM THE BEGINNING POINT THUS ESTABLISHED RUN IN A SOUTH 35 DEGREES 15 MINUTES WEST DIRECTION FOR A DISTANCE OF 420 FEET TO A POINT; THENCE IN A NORTH 45 DEGREES 12 MINUTES WEST DIRECTION FOR A DISTANCE OF 95.1 FEET TO A POINT; THENCE IN A NORTH 26 DEGREES 23 MINUTES EAST DIRECTION FOR A DISTANCE OF 441 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CREEKWOOD DRIVE IN A SOUTH 43 DEGREES 31 MINUTES EAST DIRECTION FOR A DISTANCE OF 165 FEET TO THE POINT OF BEGINNING; ALL ACCORDING TO A PLAT OF SURVEY OF SAID PROPERTY MADE BY CAREY E. TREADWELL, SURVEYOR, DATED FEBRUARY 6, 1975, AND OF RECORD IN THE OFFICE OF THE CLERK OF DODGE SUPERIOR COURT IN PLAT BOOK 15 AT PAGE 90; SAID PLAT BEING INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE THERETO.
THIS IS THE SAME PROPERTY DESCRIBED IN THAT CERTAIN WARRANTY DEED DATED OCTOBER 14, 2005, FROM PHILLIP W. BEARDEN AND PATTIE A. BEARDEN, ALSO KNOWN AS PATTI A. BEARDEN TO ERIC WAYNE GOURLEY AND NATALIE E. GOURLEY AS FOUND RECORDED IN DEED BOOK 522 AT PAGES 148-149 IN THE DEED RECORDS OF DODGE COUNTY, GEORGIA. SUBJECT TO EXISTING EASEMENTS FOR PUBLIC ROADS AND UTILITIES.
THE ABOVE DESCRIBED PROPERTY IS ALSO KNOWN AS 50 JARRELL DRIVE, EASTMAN, GA 31023.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity
who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
BANK OF AMERICA, N.A.
Home Loan Assistance Dept
7105 Corporate Drive
Plano, TX 75024
1-800-669-6650
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BANK OF AMERICA, N.A. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP
as Attorney-in-Fact for
ALONZO JACKSON and
DELORES JACKSON
SHUPING, MORSE & ROSS, L.L.P.
By: S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, GA 30274
770-991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
gpn 11
GEORGIA, DODGE COUNTY
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power of sale contained in that certain deed to secure debt from DANNY E. WARREN, Grantor, to STATE BANK OF COCHRAN, Grantee, dated November 10, 1997, and recorded in Book 300, Page 118-121, Dodge County Deed Records, said deed to secure debt having been given to secure a promissory note, together with all other debts, extensions, renewals and future advances thereto, there will be sold by the undersigned at public outcry to the highest and best bidder for cash, before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in January, 2014, the following described property, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 49 IN THE 19TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, CONTAINING FIVE (5) ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, START AT THE INTERSECTION FORMED BY THE CENTER LINE OF THE OLD CHESTER-CHICKEN ROAD CONNECTOR WITH THE SOUTHEAST LOT LINE OF LOT NO. 49; THENCE RUN ALONG THE CENTERLINE OF THE OLD CHESTER-CHICKEN ROAD CONNECTOR IN A NORTH 44 DEGREES, 54 MINUTES WEST DIRECTION A DISTANCE OF 1,745.5 FEET TO A POINT; THIS BEING THE POINT OF BEGINNING. AND FROM SAID POINT OF BEGINNING THUS ESTABLISHED, THENCE RUN SOUTH 48 DEGREES 00 MINUTES WEST, A DISTANCE OF 355.65 FEET TO A POINT; THENCE RUN NORTH 42 DEGREES 00 MINUTES WEST A DISTANCE OF 91.45 FEET TO A POINT; THENCE RUN SOUTH 48 DEGREES 00 FEET WEST A DISTANCE OF 430.36 FEET TO A POINT; THENCE RUN ALONG A FENCE NORTH 48 DEGREES 00 FEET EAST A DISTANCE OF 373.67 FEET TO A POINT; THENCE RUN SOUTH 42 DEGREES 00 FEET EAST A DISTANCE OF 313.10 FEET TO A POINT, THENCE RUN NORTH 48 DEGREES 00 MINUTES EAST A DISTANCE OF 208.71 FEET TO A POINT LOCATED ON THE CENTER LINE OF THE OLD CHESTER-CHICKEN ROAD CONNECTOR; THENCE RUN ALONG THE CENTERLINE OF SAID ROAD SOUTH 42 DEGREES 00 MINUTES EAST A DISTANCE OF 208.71 FEET BACK TO THE PLACE OR POINT OF BEGINNING. ALL ACCORDING TO A PLAT OF SURVEY, MADE BY CAREY E. TREADWELL, SURVEYOR, DATED FEBRUARY 2, 1979, AND RECORDED IN THE OFFICE OF THE CLERK OF DODGE SUPERIOR COURT IN PLAT BOOK 17, PAGE 13, AND SAID PLAT, TOGETHER WITH THE RECORD THEREOF BEING BY REFERENCE INCORPORATED HEREIN AND MADE A PART FOR DESCRIPTIVE AND ALL OTHER LEGAL PURPOSES.
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. 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, all 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 required by law.
Said property shall be sold as the property of DANNY E. WARREN, subject to any and all outstanding mortgages, ad valorem taxes, street improvements, easements, or other restrictions of record, if any. The undersigned will execute a deed under power of sale to the purchaser as provided in the deed to secure debt.
This 3rd day of December, 2013.
STATE BANK OF COCHRAN
Attorney in Fact for
DANNY E. WARREN
DENNIS MULLIS
Attorney at Law
P. O. Box 429
101 E. Cherry Street
Cochran, Georgia 31014
478-934-6352
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 Security Deed (the “Security Deed”) from HARDY-TOWNS FUNERAL HOME, INC., A GEORGIA CORPORATION (“BORROWER”) TO DARBY BANK & TRUST CO., A GEORGIA BANKING CORPORATION (“LENDER”), dated April 4, 2008 and recorded April 14, 2008 in Deed Book 603, Page 313 et seq., of the Office of the Clerk of the Superior Court of Dodge County, Georgia, Records (the “Dodge County Records”), having been given to secure a Promissory Note (the “Note”) dated April 4, 2008 in original principal sum totaling FIVE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($530,000.00) with interest from the date thereof at the rate stated in the Note on the unpaid balance until paid; the above-referenced documents having been assigned by the Federal Deposit Insurance Corporation (the “FDIC”), as receiver for Lender, to Ameris Bank, a Georgia banking corporation (“Holder”), pursuant to that certain Assignment from the FDIC, as receiver for Lender, to Holder, dated May 15, 2013 and recorded May 30, 2013 in Deed Book 734, Page 44 et seq., Dodge County Records, there will be sold by Holder as attorney-in-fact of Borrower at public outcry to the highest bidder for cash before the courthouse door in Dodge County, Georgia, within the legal hours of sale on the first Tuesday in January, 2014, the following described property (the “Property”):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 11 IN THE 15TH LAND DISTRICT OF DODGE COUNTY, CITY OF EASTMAN, GEORGIA CONTAINING 12.795 ACRES, MORE OR LESS, AS SHOWN ON THAT CERTAIN PLAT OF SURVEY PREPARED BY GRADY BONEY, GA. RLS NO. 2460, DATED OCTOBER 2, 2007 AND RECORDED IN PLAT BOOK 36, PAGE 169 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF DODGE COUNTY, GEORGIA, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE FOR MORE COMPLETE DESCRIPTION. SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE CENTER LINE OF LAWNDALE DRIVE AND THE SOUTHWESTERN RIGHT-OF-WAY LINE OF U.S. HIGHWAY 23 / GEORGIA HIGHWAY 87 AND RUN SOUTH 68 DEGREES 13 MINUTES 10 SECONDS EAST A DISTANCE OF 134.51 FEET TO A BROKEN CONCRETE MONUMENT AND THE POINT OF BEGINNING; FROM THE ESTABLISHED POINT OF BEGINNING, RUN THENCE SOUTHEASTERLY ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 23 / GEORGIA HIGHWAY 87 A DISTANCE OF 1016.40 FEET (THE CHORD BEARING SOUTH 56 DEGREES 48 MINUTES 59 SECONDS EAST A DISTANCE OF 1011.18 FEET) TO A BROKEN CONCRETE MONUMENT; RUN THENCE ALONG SAID RIGHT-OF-WAY SOUTH 46 DEGREES 28 MINUTES 22 SECONDS EAST A DISTANCE OF 48.06 FEET TO A CONCRETE MONUMENT; RUN THENCE SOUTH 47 DEGREES 16 MINUTES 43 SECONDS WEST A DISTANCE OF 603 FEET TO AN IRON PIN; RUN THENCE NORTH 58 DEGREES 35 MINUTES 50 SECONDS WEST A DISTANCE OF 686.41 FEET TO AN IRON PIN; RUN THENCE NORTH 13 DEGREES 13 MINUTES 44 SECONDS EAST A DISTANCE OF 495.95 FEET TO AN IRON PIN; RUN THENCE NORTH 12 DEGREES 26 MINUTES 41 SECONDS EAST A DISTANCE OF 158.93 FEET TO A BROKEN CONCRETE MONUMENT AND THE POINT OF BEGINNING. THIS IS THE SAME TRACT OF LAND AS WAS CONVEYED FROM THE DODGE COUNTY BOARD OF EDUCATION / DODGE COUNTY SCHOOL DISTRICT TO HARDY-TOWNS FUNERAL HOME, INC. BY DEED DATED NOVEMBER 29, 2007 AND RECORDED IN DEED BOOK 591, PAGES 227-8, DODGE COUNTY DEED RECORDS.
SAID TRACT IS SUBJECT TO THE RIGHT-OF-WAY OF GEORGIA POWER COMPANY FOR THE TRANSMISSION LINE WHICH CROSSES SAID TRACT AS SHOWN ON THE AFORESAID PLAT OF SURVEY.
TOGETHER WITH ANY AND ALL OF THE FOLLOWING: (I) ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS NOW OR HEREAFTER LOCATED ON THE REAL PROPERTY OR ON ANY PART OR PARCEL THEREOF AND ALL FIXTURES AFFIXED OR ATTACHED, ACTUALLY OR CONSTRUCTIVELY, THERETO; (II) ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS, EASEMENTS AND APPURTENANCES BELONGING THEREUNTO OR IN ANY WISE APPERTAINING THERETO AND THE REVERSION AND REVERSIONS, REMAINDER AND REMAINDERS THEREOF; (III) ALL RENTS ACCRUING THEREFROM, WHETHER NOW OR HEREAFTER DUE; (IV) ALL ACCOUNTS AND CONTRACT RIGHTS NOW OR HEREAFTER ARISING IN CONNECTION WITH ANY PART OF PARCEL THEREOF OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS NOW OR HEREAFTER LOCATED THEREON, INCLUDING WITHOUT LIMITATION ALL ACCOUNTS AND CONTRACT RIGHTS IN AND TO ALL LEASES OR UNDERTAKINGS TO LEASE NOW OR HEREAFTER AFFECTING THE LAND OR ANY BUILDINGS, STRUCTURES, OR IMPROVEMENTS THEREON; (V) ALL MINERALS, FLOWERS, CROPS, TREES, TIMBER, SHRUBBERY AND OTHER EMBLEMENTS NOW OR HEREAFTER LOCATED THEREON OR THEREUNDER OR ON OR UNDER ANY PART OR PARCEL THEREOF; (VI) ALL ESTATES, RIGHTS, TITLE AND INTEREST THEREIN, OR IN ANY PART OR PARCEL THEREOF; (VII) ALL EQUIPMENT, MACHINERY, APPARATUS, FITTINGS, FIXTURES, FURNITURE, FURNISHINGS, MOBILE HOMES, MODULAR HOMES AND ALL PERSONAL PROPERTY OR EVERY KIND OR DESCRIPTION WHATSOEVER NOW OR HEREAFTER LOCATED THEREON, OR IN OR ON THE BUILDINGS, STRUCTURES AND IMPROVEMENTS THEREON AND USED IN CONNECTION WITH THE OPERATION AND MAINTENANCE THEREOF, AND ALL ADDITIONS THERETO AND REPLACEMENTS THEREOF; AND (VIII) ALL BUILDING MATERIALS, SUPPLIES, GOODS AND EQUIPMENT DELIVERED THERETO AND PLACED THEREON FOR THE PURPOSE OF BEING AFFIXED TO OR INSTALLED OR INCORPORATED OR OTHERWISE USED IN THE BUILDINGS, STRUCTURES, OR OTHER IMPROVEMENTS NOW OR HEREAFTER LOCATED THEREON OR ANY PART OR PARCEL THEREOF.
SUBJECT, HOWEVER, TO ALL VALID COVENANTS, RESTRICTIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
The indebtedness secured by said Security Deed has been and is declared due because of default under the terms of the 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 (notice of intent to collect attorney’s fees having been given), and all other payments provided for under the terms of the Security Deed and Note. Both the personal property and the real property constituting the Property will be sold at the sale pursuant to separate bids.
The Property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; all matters which would be disclosed by an accurate survey or by an inspection of the property; any and all outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; any and all special assessments; all bills for public utilities which con-
stitute liens upon said property; and all restrictive covenants, easements, rights-of-way, and any other matters of record superior to said Security Deed.
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.
TO THE BEST OF THE KNOWLEDGE AND BELIEF OF THE UNDERSIGNED, THE PARTY IN POSSESSION OF THE PROPERTY IS HARDY-TOWNS FUNERAL HOME, INC. OR TENANT(S).
AMERIS BANK, a Georgia
banking corporation,
As assignee of the FDIC, as receiver for Darby Bank & Trust Co.,
As attorney-in-fact for
Hardy-Towns Funeral Home, Inc.
Contact:
JOHN D. NORTHUP III, ESQ.
MORRIS, MANNING & MARTIN, LLP
24 Drayton Street, Suite 712
Savannah, GA 31401
912-232-7182
With Authority to Negotiate Pursuant to O.C.G.A. § 44-14-162.2:
PATRICK BRODMANN
AMERIS BANK
107 Southern Blvd., Suite 203
Savannah, GA 31405
912-651-7409
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