Legals for April 7, 2010 Part 2

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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 TON­YE AB­BOTT AN­DER­SON to CIT­I­ZENS BANK & TRUST COM­PA­NY, dat­ed March 17, 2006, and record­ed in Deed Book 536, page 179, 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, 2010, the fol­low­ing de­scribed prop­er­ty:
All that tract or par­cel of land ly­ing and be­ing in the City of East­man, Dodge Coun­ty, Geor­gia, and known as Lot Number Three (3) In Block “B” of the Ba­con Heights Sub­di­vi­sion, ac­cord­ing to a plat of sur­vey of said sub­di­vi­sion made by B. W. Har­rell on 29 Au­gust, 1959, and record­ed I the Of­fice of the Clerk of Dodge Su­pe­ri­or Court in Plat Book 3, Page 307; and in ac­cor­dance with a cur­rent plat of sur­vey of said Lot Number Three (3) in said Block “B” dat­ed April, 1972, and pre­pared by Har­rell and Ross, Sur­veyors; said plat be­ing of record in afore­said Clerk’s Of­fice in Plat Book 10, Page 236; both of said plats and the records there­of be­ing in­cor­po­rat­ed here­in and made a part here­of by this ref­er­ence for de­scrip­tive and all oth­er le­gal pur­pos­es. Said Lot Three (3) front­ing nine­ty (90) feet on the South­east side of Beu­lah Street and run­ning back an even width in a South­east di­rec­tion a dis­tance of 120 feet.
The street ad­dress of the above prop­er­ty is 5722 Beu­lah Ave­nue, East­man, Geor­gia 31023.
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
Ton­ye Ab­bott An­der­son
SUMN­ER & AVERY, LLC
Post Of­fice Draw­er 248
Du­blin, Geor­gia 31040
478-272-7933


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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 RAN­DY C. JONES to CIT­I­ZENS BANK & TRUST COM­PA­NY, dat­ed Sep­tem­ber 17, 2004, and record­ed in Deed Book 490, page 266, 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, 2010, the fol­low­ing de­scribed prop­er­ty:
All that cer­tain tract, piece or par­cel of land lo­cat­ed in origi­nal Land Lot Number 103 in the 14th Land Dis­trict of Dodge Coun­ty, Geor­gia, and con­tained with­in the fol­low­ing lines: Be­gin­ning at the in­ter­sec­tion of the origi­nal South­east Lot Line of said Land Lot Number 103 and the South bound­ary of the right of way of the Sea­board Rail­way at a point 440 feet from the origi­nal East corn­er of said Lot and run­ning thence South 44 de­grees West a dis­tance of 2,340 feet to the origi­nal South corn­er of said Lot; thence run­ning North 46 de­grees West a dis­tance of 820 feet to a stake corn­er of the South­east bound­ary of Sea­board Rail­way right of way; thence run­ning with said Rail­way right of way bound­ary North 46 de­grees East a dis­tance of 900 feet to a staked corn­er of the be­gin­ning of the curve in said Rail­way; thence run­ning with said curve in said rail­way a dis­tance of 1,230 feet to a staked corn­er at the end of said curve; thence run­ning South 88 de­grees East a dis­tance of 500 feet to the Point of
Be­gin­ning, con­tain­ing 34 acr­es, more or less. Said lands are the iden­ti­cal lands de­scribed in and con­veyed by that cer­tain deed from La­wrence Boy­kin, James Her­man Boy­kin and Elm­er B. Boy­kin to Fan­nie Lee Walk­er, dat­ed No­vem­ber 29, 2002, record­ed in Deed Book 425, pag­es 130-131, in the Of­fice of the Clerk of Su­pe­ri­or Court 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 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
Ran­dy C. Jones
SUMN­ER & AVERY, LLC
Post Of­fice Draw­er 248
Du­blin, Geor­gia 31040
478-272-7933


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NO­TICE OF SALE UN­DER POW­ER
GEOR­GIA, DODGE COUN­TY
THIS LAW FIRM IS ACT­ING AS A DEBT COL­LEC­TOR AT­TEMPT­ING TO COL­LECT A DEBT. ANY IN­FOR­MA­TION OB­TAINED WILL BE USED FOR THAT PUR­POSE.
Un­der and by vir­tue of the Pow­er of Sale con­tained in a Se­cur­i­ty Deed given by Kel­vin C. Stuck­ey to Mort­gage Elec­tron­ic Reg­is­tra­tion Sys­tems, Inc. is act­ing sole­ly as a no­mi­nee for Lender and Lender’s suc­ces­sors and as­signs, dat­ed April 24, 2003, record­ed in Deed Book 438, Page 176, Dodge Coun­ty, Geor­gia Records, as last trans­ferred to JPMor­gan Chase Bank, Na­tion­al As­so­cia­tion, the cur­rent lender, as the pur­chas­er of the loans and oth­er as­sets of Washing­ton Mu­tual Bank, fka Washing­ton Mu­tual Bank, FA as suc­ces­sor in in­ter­est to Long Beach Mort­gage Com­pa­ny from the Fed­er­al De­pos­it In­surance Cor­po­ra­tion, act­ing as re­ceiv­er for Washing­ton Mu­tual Bank and pur­su­ant to its au­thor­i­ty un­der the Fed­er­al De­pos­it In­surance Act, 12 USC Sec. 1821 (d) by as­sign­ment to be record­ed in the Of­fice of the Clerk of Su­pe­ri­or Court of Dodge Coun­ty, Geor­gia Records,con­vey­ing the af­ter-de­scribed prop­er­ty to se­cure a Note in the origi­nal prin­ci­pal amount of SEV­EN­TY THOU­SAND EIGHT HUNDRED AND 0/100 DOL­LARS ($70,800.00), with in­ter­est there­on as set forth there­in, there will be sold 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, 2010, the fol­low­ing de­scribed prop­er­ty
All that tract or par­cel of land situ­ate ly­ing and be­ing in Land Lot No. 260 in the 16th Land Dis­trict of Dodge Coun­ty, Geor­gia, be­ing one acre (1), more or less, and la­beled as tract 4, all as set forth in that cer­tain plat of sur­vey per­formed by W.P. John­son and As­so­ciates, Reg­is­tered Land Sur­veyor No. 1713, on the 21st Day of No­vem­ber, 2001 and record­ed in Plat Book 32, Page 247, in the Dodge Coun­ty Clerk of Su­pe­ri­or Court. Also in­clud­ed is a mo­bile home set up on said re­al­ty and made a part of the re­al­ty. Mod­el 2002 Pioneer, Se­ri­al Number PH1814GA2023­1A&B. This con­veyance is sub­ject to the re­stric­tive cov­en­ants be­low: 1. Prop­er­ty is to con­tain one dwell­ing; 2. Prop­er­ty may not be sub­di­vid­ed; 3. Prop­er­ty is to be used for sin­gle fam­i­ly dwell­ing pur­pos­es only; 4. No live­stock may be kept on the prop­er­ty; 5. No in­op­er­able ve­hi­cles may be kept on the prop­er­ty; 6. Mo­bile Homes must be un­der­pinned; and 7.
All struc­tures or homes lo­cat­ed on said prop­er­ty must be at least 40 feet from prop­er­ty lines ad­join­ing roads and at least 20 feet from oth­er prop­er­ty lines. The debt se­cured by said Se­cur­i­ty Deed 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 Se­cur­i­ty Deed. 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 Se­cur­i­ty Deed and by law, in­clud­ing at­tor­ney’s fees (no­tice of int­ent to col­lect at­tor­ney’s fees hav­ing been given). JPMor­gan Chase Bank, Na­tion­al As­so­cia­tion can be con­tact­ed at 800-848-9136 or by writ­ing to 7255 Bay­mea­dows Way, Jack­son­ville, FL 32256, to dis­cuss pos­si­ble al­ter­na­tives to fore­clo­sure.
Said prop­er­ty will be sold sub­ject to any out­stand­ing ad valor­em tax­es (in­clud­ing tax­es which are a lien, but not yet due and pay­able), 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.
To the best knowl­edge and be­lief of the un­der­signed, the par­ty in pos­ses­sion of the prop­er­ty is Kel­vin C. Stuck­ey or a ten­ant or ten­ants
and said prop­er­ty is more com­mon­ly known as 294 Sy­ca­more Drive, East­man, Geor­gia 31023.
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.
JPMor­gan Chase Bank, Na­tion­al As­so­cia­tion, the cur­rent lender, as the pur­chas­er of the loans and oth­er as­sets of Washing­ton Mu­tual Bank, fka Washing­ton Mu­tual Bank, FA as suc­ces­sor in in­ter­est to Long Beach Mort­gage Com­pa­ny from the Fed­er­al De­pos­it In­surance Cor­po­ra­tion, act­ing as re­ceiv­er for Washing­ton Mu­tual Bank and pur­su­ant to its au­thor­i­ty un­der the Fed­er­al De­pos­it In­surance Act, 12 USC Sec. 1821 (d)
as At­tor­ney in Fact for
Kel­vin C. Stuck­ey
John­son & Freed­man, LLC
1587 North­east Ex­press­way
Atlan­ta, Geor­gia 30329
(770) 234-9181
www.jfle­gal.com
MSP/ho 5/4/10
Our file no. 1794107-FT8


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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 STE­PHEN W. MAKEY, of said state and coun­ty, to THE RE­COV­ERY ROOM OF CEN­TRAL FLA., INC., with of­fic­es lo­cat­ed in San­ford Flor­i­da, dat­ed De­cem­ber 1, 2006, and record­ed in the of­fice of the Clerk of Dodge Coun­ty Su­pe­ri­or Court in Deed Book 559, Pag­es 150-151, 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 May; be­ing Tues­day; May 4, 2010, the fol­low­ing de­scribed prop­er­ty to-wit:
All that tract or par­cel of land situ­ate ly­ing and be­ing in Lot of Land No. 167 in the 16th Land Dis­trict of Dodge Coun­ty, Geor­gia, more par­ticu­lar­ly de­scribed as be­gin­ning at the North corn­er of said lot and run­ning thence in a di­rec­tion of South 46 de­grees 00 minutes 48 sec­onds East along the North­east lot line a dis­tance of 208.05 feet to an iron pin; thence run in a di­rec­tion of South 31 de­grees 55 minutes 47 sec­onds West a dis­tance of 761.84 feet to an iron pin lo­cat­ed on a cul-de-sac; thence run­ning in a North­west­er­ly di­rec­tion along a curve in said cul-de-sac hav­ing an arc dis­tance of 92.73 feet a ra­dius of 50.00 feet to an iron pin, the last dis­tance, if meas­ured on a chord of North 45 de­grees 05 minutes 19 sec­onds West would have a dis­tance of 80.00 feet; thence run in a di­rec­tion of North 02 de­grees 04 minutes 13 sec­onds West a dis­tance of 401.02 feet to an iron pin lo­cat­ed on the North­west Lot Line of said lot; thence run­ning along said lot line in a di­rec­tion of North 44 de­grees 11 minutes 04 sec­onds east a dis­tance of 465.46 feet to the point of be­gin­ning con­tain­ing 3.98 acr­es and be­ing the same lands shown on a plat of a sur­vey made by Ron­ny Bar­ron, Reg­is­tered Land Sur­veyor, which plat is record­ed in the Of­fice of the Clerk of Dodge Su­pe­ri­or Court in Plat Book 33, Page 10, which said plat to­geth­er with the record there­of is by ref­er­ence in­cor­po­rat­ed here­in and made a part here­of for de­scrip­tive and all oth­er le­gal pur­pos­es.
Said prop­er­ty is con­veyed sub­ject to a 20-foot ac­cess ease­ment along the North­east Lot Line of said lot which is shown on said plat.
Said deed was given to se­cure the pay­ment of a prom­is­sory note in the origi­nal prin­ci­pal sum of $140,000.00, as well as any oth­er debts now ow­ing or here­i­naft­er in­curred by STE­PHEN W. MAKEY, to THE RE­COV­ERY ROOM OF CEN­TRAL FLA., INC., its suc­ces­sors, or 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 by STE­PHEN W. MAKEY, hav­ing de­fault­ed by fail­ing to make pay­ments as re­quired and for de­fault­ing on oth­er pro­vi­sions of said note, THE RE­COV­ERY ROOM OF CEN­TRAL FLA., INC. 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 C. MICHAEL JOHN­SON at­tor­ney at law, has given no­tice to
bind the mak­er of said Deed to Se­cure Debt and note for at­tor­ney’s fees in the amount of FIF­TEEN (15%) per­cent of the prin­ci­pal and in­ter­est all as pro­vid­ed for in said Deed to Se­cure Debt and at­tor­ney’s 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 23rd day of March; 2010.
THE RE­COV­ERY ROOM OF
CEN­TRAL FLAW­ING.
At­tor­ney in fact for
STE­PHEN W. MAKEY
C. Michael John­son
5414 An­son Ave­nue
East­man, GA 31023


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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 HOR­ACE WIL­COX and DE­BRA JEAN BURG­ESS, of said state and coun­ty, to JER­OME CAR­SON, dat­ed Oc­tob­er 10, 2008, and record­ed in the of­fice of the Clerk of Dodge Coun­ty Su­pe­ri­or Court in Deed Book 653, Pag­es 8-10, 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 May, be­ing Tues­day, May 4, 2010, the fol­low­ing de­scribed prop­er­ty to-wit:
All the fol­low­ing de­scribed land, to-wit: A build­ing lot lo­cat­ed on Land Lot No. 291 in the 15th Land Dis­trict of Dodge Coun­ty, Geor­gia, same be­ing Number 28, which fronts 68.00 feet on Miln­er Street and ex­tends back a depth of 100.00 feet on each side, the rear or back of said lot meas­ur­ing 56.00 feet. The lot here­by con­veyed is lo­cat­ed just to the rear of Lot Nos. 5 and 6 which front on East­man-Chester pub­lic road,
Said deed was given to se­cure the pay­ment of a prom­is­sory note in the origi­nal prin­ci­pal sum of $5,000.00, as well as any oth­er debts now ow­ing or here­i­naft­er in­curred by HOR­ACE WIL­COX and DE­BRA JEAN BURG­ESS, to JER­OME CAR­SON, his suc­ces­sors, or 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 by HOR­ACE WIL­COX and DE­BRA JEAN BURG­ESS, hav­ing de­fault­ed by fail­ing to make pay­ments as re­quired and for de­fault­ing on oth­er pro­vi­sions of said note, JER­OME CAR­SON 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 C. MICHAEL JOHN­SON at­tor­ney at law, has given no­tice to bind the mak­er of said Deed to Se­cure Debt and note for at­tor­ney’s fees in the amount of FIF­TEEN (15%) per­cent of the prin­ci­pal and in­ter­est all as pro­vid­ed for in said Deed to Se­cure Debt and at­tor­ney’s 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 ___ day of April, 2010.
JER­OME CAR­SON
At­tor­ney in fact for
HOR­ACE WIL­COX
And DE­BRA JEAN BURG­ESS
C. Michael John­son
5414 An­son Ave­nue
East­man, GA 31023


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NO­TICE OF SALE UN­DER POW­ER
By vir­tue of the pow­er of sale con­tained in a Deed to Se­cure Debt by Tom­my Yan­cey and Car­o­lyn Yan­cey to Mort­gage Elec­tron­ic Reg­is­tra­tion Sys­tems, Inc. (“MERS”) as no­mi­nee for Coun­try­wide Home Loans, Inc., dat­ed De­cem­ber 12, 2005 and filed for record De­cem­ber 13, 2005 in Deed Book 526, Page 297, Dodge Coun­ty, Geor­gia records, and se­cur­ing a Note in the origi­nal prin­ci­pal amount of $116,000.00; last trans­ferred to by As­sign­ment filed for record in the pub­lic deed records in 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 May 2010, by The Bank of New York Mel­lon FKA The Bank of New York as Trus­tee for the Cer­tifi­ca­te­hold­ers CWALT, Inc. Al­ter­na­tive Loan Trust 2005-80CB Mort­gage Pass-Through Cer­tifi­cates, Ser­ies 2005-80CB as At­tor­ney-in-Fact for Tom­my Yan­cey and Car­o­lyn Yan­cey the fol­low­ing prop­er­ty to-wit:ALL THAT TRACT or par­cel of land ly­ing and be­ing in Land Lot No. 235 of the 14th Land Dis­trict of Dodge Coun­ty, Geor­gia, con­sist­ing of 4.72 acr­es, more or less, more par­ticu­lar­ly de­scribed as fol­lows: to find the point and place of be­gin­ning, com­mence at the point of in­ter­sec­tion formed by the North­east land lot line of said land lot, also be­ing the cen­ter­line of a coun­ty road, and the South­er­ly right of way line of anoth­er coun­ty road, and from this point of in­ter­sec­tion trav­el in a South­west­er­ly di­rec­tion a dis­tance of 1,266.1 feet to an iron pin placed, said iron pin placed be­ing the POINT AND PLACE OF BE­GIN­NING.
From said POINT AND PLACE OF BE­GIN­NING, thus es­tab­lished, thence in a di­rec­tion of North 41 de­grees 50 minutes 40 sec­onds West a dis­tance of 412.28 feet to an iron pin placed; thence in a di­rec­tion of South 47 de­grees 04 minutes 40 sec­onds West a dis­tance of 498.79 feet to an iron pin placed; thence in a di­rec­tion of South 41 de­grees 50 minutes 40 sec­onds East a dis­tance of 412.28 feet to an iron pin found, said iron pin found be­ing along said coun­ty road; thence along said coun­ty road in a di­rec­tion of north 47 de­grees 04 minutes 40 sec­onds East a dis­tance of 498.79 feet and back to the POINT AND PLACE OF BE­GIN­-
NING. This par­cel is fur­ther iden­ti­fied on that Plat of Sur­vey pre­pared by Jim H. Ross, Dodge Coun­ty Sur­veyor, dat­ed Janu­ary 21, 1992, and record­ed at Plat Book 26, Page 77, Dodge Coun­ty Land Records, said plat and the le­gal de­scrip­tion there­on be­ing in­cor­po­rat­ed for de­scrip­tive and all oth­er le­gal pur­pos­es. This par­cel is sub­ject to all ease­ments and rights of way of record for pub­lic roads and util­i­ties now in use.
This par­cel is fur­ther iden­ti­fied as a por­tion of those lands con­veyed in the War­ran­ty Deed from Ly­man A. Brown and Ha­zel I. Brown to De­wey Al­len Par­rish and Bet­ty J. Par­rish dat­ed Au­gust 20, 1976, and record­ed at Deed Book 45, Page 147, and also this par­cel in­cor­po­rates that cer­tain 1.0 acre tract de­scribed in that Quit Claim Deed from Ly­man A. Brown and Ha­zel I. Brown to De­wey Al­len Par­rish and Bet­ty J. Par­rish, dat­ed June 15, 1984, and record­ed at Deed Book 181, Page 166, Dodge Coun­ty Land Records.
The above de­scribed prop­er­ty is also known as 152 Par­rish Road, Rhine, GA 31077.
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.
To the best of the un­der­signed’s knowl­edge and be­lief, pos­ses­sion of the sub­ject prop­er­ty is held by Tom­my Yan­cey and Car­o­lyn Yan­cey.
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: BAC Home Loans Serv­ic­ing, L.P. f/k/a Coun­try­wide Home Loans Serv­ic­ing, LP, Attn: Jill Ba­len­tine, P. O. Box 5170, MS SV314B, Simi Val­ley, CA 93065, Tel­e­phone: 1-888-219-7773.
The fore­go­ing not­with­stand­ing, noth­ing in O.C.G.A. § 44-14-162.2 shall be con­strued to re­quire BAC Home Loans Serv­ic­ing, LP as serv­ic­er for The Bank of New York Mel­lon FKA The Bank of New York as Trus­tee for the Cer­tifi­ca­te­hold­ers CWALT, Inc. Al­ter­na­tive Loan Trust 2005-80CB Mort­gage Pass-Through Cer­tifi­cates, Ser­ies 2005-80CB to ne­go­tiate, amend or mod­i­fy the terms of the Deed to Se­cure Debt de­scribed here­in.
The Bank of New York
Mel­lon FKA The Bank of New York as Trus­tee for the Cer­tifi­ca­te­hold­ers CWALT, Inc. Al­ter­na­tive Loan Trust 2005-80CB Mort­gage Pass-Through Cer­tifi­cates, Ser­ies 2005-80CB
as At­tor­ney-in-Fact for
Tom­my Yan­cey and
Car­o­lyn Yan­cey
SHUP­ING, MORSE & ROSS, LLP
By: S. An­drew Shup­ing, Jr.
S. An­drew Shup­ing, Jr.
6259 Riv­er­dale Road, Su­ite 100
Riv­er­dale, Geor­gia 30274-1698
(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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NO­TICE OF SALE UN­DER POW­ER
GEOR­GIA, DODGE COUN­TY
By vir­tue of the pow­er of sale con­tained in the Se­cur­i­ty Deed from BIL­LY R. WALK­ER TO THE MER­CHANTS & CIT­I­ZENS BANK, dat­ed No­vem­ber 17, 2006, con­vey­ing the prop­er­ty de­scribed here­i­naft­er to se­cure a Note in the origi­nal prin­ci­pal amount of $60,765.00, with in­ter­est there­on as set forth there­in, for a to­tal amount of $65,520.71 (as of March 17, 2010) and a Note in the origi­nal prin­ci­pal amount of $10,302.21, with in­ter­est there­on as set forth there­in, for a to­tal amount of $12,092.13 (as of March 17, 2010) for a to­tal amount of $77,612.84 (as of March 17, 2010) be­ing due, there will be sold at pub­lic out­cry to the high­est bid­der for cash, be­fore the Court­house door of Dodge Coun­ty, East­man, Geor­gia, dur­ing the le­gal hours of sale on the FIRST TUES­DAY IN MAY, 2010, the fol­low­ing de­scribed prop­er­ty, to-wit:
All that tract or par­cel of land situ­ate, ly­ing and be­ing in origi­nal Land Lot Number 221 in the 14th Land Dis­trict of Dodge Coun­ty, Geor­gia, con­tain­ing 32.53 acr­es, more or less, be­ing more par­ticu­lar­ly shown and de­lin­e­at­ed in that cer­tain plat of sur­vey by South­ern Sur­vey­ing As­so­ciates, dat­ed Sep­tem­ber 29, 1998, which plat, record­ed in Plat Book 29, page 197, in the Of­fice of the Clerk of Su­pe­ri­or Court of Dodge Coun­ty, Geor­gia, is by ref­er­ence in­cor­po­rat­ed here­in and made a part here­of. Said lands are the iden­ti­cal lands de­scribed in and con­veyed by that cer­tain War­ran­ty Deed from Mike Wat­kins and Elaine Wat­kins to Bil­ly R.Walk­er, dat­ed Oc­tob­er 27, 1998, record­ed in Deed Book 315, pag­es 157-158, in the
Of­fice of the Clerk of Su­pe­ri­or Court of Dodge Coun­ty, Geor­gia.
TO­GETH­ER WITH EASE­MENT for in­gress and egress dat­ed Oc­tob­er 27, 1998, record­ed in Deed Book 315, page 159, in the Of­fice of the Clerk of Su­pe­ri­or Court of Dodge Coun­ty, Geor­gia.
The debt se­cured by said Se­cur­i­ty Deed has been and is here­by de­clared due be­cause of non-pay­ment of the in­debt­ed­ness when due and in the man­ner pro­vid­ed in the Note and Se­cur­i­ty Deed. The debt re­main­ing in de­fault, the sale will be made for the pur­pose of pay­ing the same and all ex­pens­es of sale, as pro­vid­ed in the Se­cur­i­ty Deed and by law, in­clud­ing at­tor­ney’s fees, no­tice of int­ent to col­lect at­tor­ney’s fee hav­ing been given.
Said prop­er­ty will be sold sub­ject to any out­stand­ing ad valor­em tax­es, 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 BIL­LY R. WALK­ER, or a ten­ant or ten­ants, and said prop­er­ty com­mon­ly has an ad­dress of 74 BIL­LY WALK­ER ROAD, RHINE, GEOR­GIA 31077.
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.
THE MER­CHANTS & CIT­I­ZENS BANK
AT­TOR­NEY IN FACT FOR
BIL­LY R. WALK­ER
LEE CAN­NON
SMITH & CAN­NON, P.C.
POST OF­FICE BOX 270
MCRAE, GEOR­GIA 31055
PHONE - 229-868-6065
FAC­SI­MILE - 229-868-6063


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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 Wil­liam E. Lan­gley and Mar­ia C. Lan­gley to Mor­tgage Elec­tron­ic Reg­is­tra­tion Sys­tems, Inc. dat­ed March 27, 2008, and record­ed in Deed Book 602, Page 174, Dodge Coun­ty Records, said Se­cur­i­ty Deed hav­ing been last sold, as­signed, trans­ferred and con­veyed to BAC Home Loans Serv­ic­ing, LP FKA Coun­try­wide Home Loans Serv­ic­ing LP. by As­sign­ment se­cur­ing a Note in the origi­nal prin­ci­pal amount of $162,450.00, 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, May 4, 2010, 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 Land Lot No. 25 in the 15th Land Dis­trict of Dodge Coun­ty, Geor­gia, be­ing Lot No. 76 of Mor­gan Creek Sub­di­vi­sion in the City of East­man in said coun­ty and state, and be­ing more par­ticu­lar­ly shown and de­lin­e­at­ed ac­cord­ing to a plat of sur­vey pre­pared by Olin J. Mc­Leod, Geor­gia Reg­is­tered Land Sur­veyor, No. 2259 dat­ed June 4, 2000,. and record­ed in the Of­fice of the Clerk of Dodge Su­pe­ri­or Court in Plat Book 21, Page 113, said plat and the record­ing there­of be­ing in­cor­po­rat­ed here­in and made a part here­of by ref­er­ence for de­scrip­tive and all oth­er le­gal pur­pos­es.
Said prop­er­ty is sub­ject to Dec­la­ra­tion of Pro­tec­tive Cov­en­ants of record in said Clerk’s Of­fice in Deed Book 354, Pag­es 251-263.
All that tract or par­cel of land ly­ing and be­ing in Land Lot No. 25 in the 15th Land Dis­trict of Dodge Coun­ty, Geor­gia, be­ing Lot No. 76 of Mor­gan Creek Sub­di­vi­sion in the City of East­man in said coun­ty and state, and be­ing more par­ticu­lar­ly shown and de­lin­e­at­ed ac­cord­ing to a plat of sur­vey pre­pared by Olin J. Mc­Leod, Geor­gia Reg­is­tered Land Sur­veyor, No. 2259 dat­ed June 4, 2400,. and record­ed in the Of­fice of the Clerk of Dodge Su­pe­ri­or Court in Plat Book 21, Page 113, said plat and the record­ing there­of be­ing in­cor­po­rat­ed here­in and made a part here­of by ref­er­ence for de­scrip­tive and all oth­er le­gal pur­pos­es.
Said prop­er­ty is sub­ject to Dec­la­ra­tion of Pro­tec­tive Cov­en­ants of record in said Clerk’s Of­fice in Deed Book 354, Pag­es 251-263.
Said prop­er­ty is im­proved with a 32’ x 80’ 2008 Des­ti­ny Man­u­fac­tured Home, Se­ri­al Number DISH03557­GAAB E-804-278-96T.
Said prop­er­ty is known as 79 Mary Alex­an­der Drive, East­man, GA 31023, 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 Wil­liam E. Lan­gley and Mar­ia C. Lan­gley, the prop­er­ty, to the best in­for­ma­tion, knowl­edge and be­lief of the un­der­signed, be­ing pre­sent­ly in the pos­ses­sion of Wil­liam E. Lan­gley and Mar­ia C. Lan­gley, 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.
BAC Home Loans Serv­ic­ing, LP FKA Coun­try­wide Home Loans Serv­ic­ing LP.
as At­tor­ney-in-Fact for
Wil­liam E. Lan­gley and Mar­ia C. Lan­gley
File no. 09-016453
SHAPIRO & SWERT­FEG­ER, LLP*
At­tor­neys and Coun­selors at Law
2872 Wood­cock Blvd., Su­ite 100
Atlan­ta, GA 30341-3941
(770)220-2535/CC
www.swert­feg­er.net
*THE LAW FIRM IS ACT­ING AS A DEBT COL­LEC­TOR. ANY IN­FOR­MA­TION OB­TAINED WILL BE USED FOR THAT PUR­POSE.