Entries from January 2011
Public notices
Legal 1
Notice to Debtors and Creditors
All creditors of the Estate of Stephen J. Yeagle, deceased, late of Pike County, 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.
This 27th day of Dec., 2010.
Executor: Stephen C. Yeagle
2691 Empire Dr.
Snellville GA 30078
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Legal 2
Notice
Georgia, Pike County
Probate Court
To: (any heir whose current address is unknown) Lavern Winston, Donna Winston, Benny Ferrell Vaughn, Wayne Vaughn, Gregory Vaughn, Angela Vaughn, Carmen Vaughn Cooper
Sylvia Vaughn Roberts and Paul Edward Vaughn has petitioned to be appointed Administrators of the estate of Bennie Vaughn, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before January 31, 2011. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Lynn S. Brandenburg
Probate Judge
P.O. Box 324
Zebulon, GA 30295
770-567-8734
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Legal 3
Notice
Georgia, Pike County
Probate Court
To: Frank Peterson, Jr., Edna Vaughn, Gail Vaughn, William Anthony Vaughn, Ronald Vaughn, Leon Vaughn, Rhonda Dabney, Cheryl Dabney, Curtis Dabney, Sylvia Vaughn Coleman, Andrew David Vaughn, Jr.
Sylvia Vaughn Roberts and Paul Edward Vaughn has petitioned to be appointed Administrators of the estate of Floyd Vaughn, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before January 31, 2011. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Lynn S. Brandenburg
Probate Judge
P.O. Box 324
Zebulon, GA 30295
770-567-8734
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Legal 31
Notice
Georgia, Pike County
Probate Court
Rachel Lynn Sanders has petitioned to be appointed Administrator of the estate of Deborah Lynn Sanders, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before February 7, 2011. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Lynn S. Brandenburg
Probate Judge
P.O. Box 324
Zebulon, GA 30295
770-567-8734
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Legal 37
In the Juvenile Court
of Pike County
State of Georgia
In the interest of:
T.W., a minor female child born on 10/14/2000
Kelly Neal, biological mother
TO: Mario Ferguson and John Doe, putative biological fathers
A hearing concerning a petition for deprivation/protective order was held on June 15, 2010, and a Provisional Consent Protective Order Adjudicating Child Deprived was filed with the Court on July 7, 2010; a hearing concerning a court-ordered status review was held on September 22, 2010, and a Provisional Status Review Order was filed with the Court on October 21, 2010; a hearing concerning a status review for file closure was held on November 17, 2010, and a Provisional Status Review Order Approving Closure of DFCS File was filed with the Court on December 21, 2010, having been brought by the Georgia Department of Human Services acting through the Pike County Department of Family and Children Services, regarding the alleged deprivation of the above-named Child in the Juvenile Court of Pike County. Free copies of said pleadings can be obtained from the Clerk of the Juvenile Court of Pike County, Georgia, whose office is located at 16001 Barnesville Street, Zebulon, Georgia 30295.
By reason of an order for service of summons by publication entered on the 6th day of January, 2011, you are hereby commanded to file with the Clerk of the Juvenile Court of Pike County, Georgia and serve upon Tammy M. Griner, Special Assistant Attorney General, P. O. Box 319, Griffin, Georgia 30224 an answer to said pleadings within sixty (60) days of the date of said order for service by publication.
You are further required to lay any and all business aside and to be and appear before the Juvenile Court of Pike County, Georgia at 9:00 o’clock a.m. on Wednesday, March 16, 2011, then and there to make a defense and to show cause why said Child should not be dealt with according to the provisions of the Juvenile Court Code of Georgia by reason of an order for service of summons by publication.
Witness the Honorable Ben J. Miller, Jr., Judge, this 6th day of January, 2011.
Carolyn Williams
Clerk, Juvenile Court,
Pike County, Georgia
Tammy M. Griner,
Attorney at Law, P.C.
Special Assistant
Attorney General
Georgia Bar No. 312720
P. O. Box 319
Griffin, Georgia 30224
(770) 567-5507
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Legal 39
Notice to Debtors and Creditors
Georgia, Pike County
All creditors of the estate of Verdie D. Beckham, deceased, late of Pike County, Georgia, 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 to us.
This 19th day of January, 2011.
John Charles Beckham and
Thomas Eugene Beckham, as
Co-Executors of the Estate of Verdie D. Beckham, deceased.
Jack L. Park, Jr.
Attorney at Law
P.O. Box 909
Zebulon, Georgia 30295
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Legal 41
Notice is given that a Notice of Intent to Dissolve JDP, Inc., a Georgia corporation with its registered office at 394 Hunter Rd., Griffin, GA 30224, has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corproation Code.
All persons with claims against the corportion must send written notice stating the nature of the claim to the registered office. Except for claims that are contingent at the time of the filing of the notice of intent to dissolve or that arise after the filing of the notice of intent to dissolve, any claims against the corporation not otherwise barred will be barred unless a proceeding to enforce the claim is commenced within two years after the publication of the notice.
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Legal 43
State of Georgia
County of Pike
In Re: Estate of Mary Elizabeth Spano, deceased.
All creditors of the estate of Mary Elizabeth Spano, deceased, late of Pike County, 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 me.
This 21st day of January 2011.
Anthony Charles Spano
Administrator of Mary Elizabeth Spano, deceased.
at 105 West Oak St., Griffin, Georgia, 30224.
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Legal 4
Notice of Sale of Realty
Notice is hereby given that pursuant to the power of sale contained in the security deed, executed and delivered on April 22, 2004, by Al Whitten, as grantor, to United Bank, as grantee, and recorded in Deed Book 519 at page 262, of the Superior Court records of Pike County, Georgia, granting the property hereinafter described as collateral for the payment of the indebtedness secured thereby, and by virtue of default in the payment of the indebtedness therein mentioned, which has made the aforesaid power of sale operative and effective, the undersigned, as attorney in fact for Al Whitten, will sell at public outcry before the courthouse door in Zebulon, Pike County, Georgia, on the first Tuesday in February 2011, during the legal hours of sale to the highest and best bidder, for cash, the property described in said security deed, to-wit:
All that certain tract or parcel of land, lying and being in Land Lot 181 of the Eighth Land District of Pike County, Georgia, and being more specifically shown and designated as Tract “A1”, 3.000 acres on that certain plat of survey for Al Whitten, prepared by M. Doug Gordon, Georgia Registered Land Surveyor No. 2396, dated February 3, 1937, a copy of said plat being recorded in Plat Book 14, page 7, Pike County, Georgia Superior Court records, said plat together with the courses, distances, metes and bounds as shown thereon is incorporated in and made a part of this description by reference.
Notice, as required by law, has been given of intention to enforce the collection of attorneys fees as set out in the note evidencing the indebtedness secured by the aforesaid security deed and this sale will be made for the purpose of paying all indebtedness, secured by the aforesaid security deed, and all expenses of sale, including attorney fees.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
This December 20, 2010.
United Bank
Beck, Owen & Murray
Attorneys, Griffin, Ga.
as Attorney-in-Fact for
Al Whitten
By: Kathy Pippin,
P. O. Box 757
Griffin, Ga. 30224
770/412-4941
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Legal 5
Notice of Sale of Realty
Notice is hereby given that pursuant to the power of sale contained in the security deed, executed and delivered on September 12, 2007, by Emanuel Sterling Gist and Cynthia Rogers Gist, as grantor, to United Bank, as grantee, and recorded in Deed Book 722 at page 285, of the Superior Court records of Pike County, Georgia, granting the property hereinafter described as collateral for the payment of the indebtedness secured thereby, and by virtue of default in the payment of the indebtedness therein mentioned, which has made the aforesaid power of sale operative and effective, the undersigned, as attorney in fact for Emanuel Sterling Gist and Cynthia Rogers Gist, will sell at public outcry before the courthouse door in Zebulon, Pike County, Georgia, on the first Tuesday in February 2011, during the legal hours of sale to the highest and best bidder, for cash, the property described in said security deed, to-wit:
All that tract or parcel of land containing 1.40 acres, more or less, lying and being in Land Lot 91 of the Second Land District of Pike County, Georgia, and being designated as Lot 40 – 1.4 acres according to that certain plat of survey entitled “Final Plat – Wellington”, dated May 12, 2000, prepared by Steve J. Reeves, Georgia Registered Professional Land Surveyor #2765, a copy of which said plat is recorded in Plat Book 18, pages 22-25, Clerk’s Office, Superior Court, Pike County, Georgia, and which said plat, together with the metes, bounds, courses and distances as shown thereon with respect to said 1.40 acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
Notice, as required by law, has been given of intention to enforce the collection of attorneys fees as set out in the note evidencing the indebtedness secured by the aforesaid security deed and this sale will be made for the purpose of paying all indebtedness, secured by the aforesaid security deed, and all expenses of sale, including attorney fees.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
This December 20, 2010.
United Bank
Beck, Owen & Murray
Attorneys, Griffin, Ga.
as Attorney-in-Fact for
Emanuel Sterling Gist
and Cynthia Rogers Gist
By: Kathy Pippin,
P. O. Box 757
Griffin, Ga. 30224
770/412-4941
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Legal 7
Notice of Sale Under Power
Georgia, Pike County
By virtue of the power of sale contained in a Security Deed from Chris Russell-Howland to Mortgage Electronic Registration Systems Inc., as nominee for Homeowners Mortgage Enterprises, Inc. dated October 21, 2008 recorded in Deed Book 769, Page 270-285, Pike County Records, and last assigned to Chase Home Finance LLC, conveying the after-described property to secure a Note in the original principal amount of one hundred thirty-nine thousand seven hundred ninety-five and 00/100 ($139,795.00), 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 Pike County, Georgia, during the legal hours of sale on the first Tuesday, February 1, 2011 the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 86 of the 9th District, Pike County, Georgia, being Lot 7, of Concord Oaks Subdivision, as per plat thereof recorded in Plat Book 25, page 84, Pike County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
The Debt secured by said Security Deed has been and is hereby declared due because of nonpayment 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 fees 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 Chris Russell-Howland and Amy Russell-Howland or, a tenant or tenants, and said property was or is commonly known as 1742 Fossett Road, Concord, GA 30206.
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.
Chase Home Finance LLC
As Attorney in Fact for
Chris Russell-Howland
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 09-8579
This law firm is acting as a debt collector, attempting to collect a debt.
Any information obtained will be used for that purpose.
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Legal 8
Notice of Sale Under Power
Georgia, Pike County
Under and by virtue of the Power of Sale contained in that certain Security Deed given by Ed Parker (the “Grantor”) to Regions Bank (the “Lender”) dated December 14, 2007 and recorded December 20, 2007 in Deed Book 734, Pages 261-271, Pike County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of (i) that certain Promissory Note dated December 14, 2007 made payable by Grantor to the order of Lender in the maximum principal amount of $1,725,000.00, together with interest thereon as set forth therein; and (ii) any and all other obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, whether now existing or hereafter (together with any and all amendments or modifications, collectively hereinafter referred to as the “Secured Indebtedness”), there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Pike County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011 (being February 1, 2011) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, appurtenances, and personalty located thereon and described in the Security Deed:
All that lot, tract or parcel of land situate, lying and being in land lot 89 of the second land district of Pike County, Georgia, being more particularly shown and designated as tract “A”, containing 3.55 acres as shown on a plat of survey entitled “Aoning plat for Kenneth Waller”, prepared by Conkle-Lane & Associates, dated September 29, 2003, recorded in plat book 22, page 28, Pike County Superior court records, which said plat is incorporated herein and made a part of this legal description.
Said tract, as shown on said plat, is bounded now or formerly as follows: on the northeast by tract “B” as shown on said plat; on the southeast by us Highway No. 19; and on the southwest and northwest by lands of the Gunnell’s Estate.
The above-described property is improved property known as 14557 U.S. Highway 19, Griffin, Georgia 30224, according to the present system of numbering in Pike County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written notice of intent to collect attorney’s fees having been given).
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it.
Regions Bank,
as Attorney-in-Fact and Agent for
Ed Parker
Erich N. Durlacher
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: edurlach@burr.com
(404) 815-3000
(404) 214-7387
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
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Legal 9
Notice of Sale Under Power
Pike County
Pursuant to the Power of Sale contained in a Security Deed given by Terry Sweatmon Jr. and Angela Sweatmon to Mortgage Electronic Registration Systems, Inc. as nominee for Primrose Mortgage Co., Inc. dba First Primsouth Mortgage dated 1/22/2007 and recorded in Deed Book 689 Page 4, Pike County, Georgia records; as last transferred to Wells Fargo Bank, N.A., as Trustee for Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1 by Assignment filed for record in Pike County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Pike County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land situate, lying and being in Land Lots 91, 92, 101 and 102 of the Eighth Land District of Pike County, Georgia, containing 6.00 acres, as shown on a plat of survey entitled “Property survey for Terry Sweatmon and Angela Sweatmon”, prepared by Conkle-Lane & Associates, dated May 23, 2005, a copy of which said plat is recorded in Plat Book 23, Page 89, in the Office of the Clerk of Superior Court of Pike County, Georgia, which said plat together with the metes, bounds, courses and distances as shown thereon, is incorporated herein and made a part of this description.
Said tract, as shown on said plat, is bounded now or formerly as follows: on the Northeast and Southeast by lands of Evelyn I. Walker; on the Southwest by Georgia State Road 18; on the Northwest by lands of Johnnie Renee Knight Dunn. This sale will be made subject to any right of the United States of America to redeem the hereinabove described property within 120 days from the sale date aforesaid, in order to satisfy certain outstanding federal tax liens.
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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 21407 Highway 18 East Zebulon GA 30295 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Angela Sweatmon and Terry Sweatmon 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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial 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 immediately above.
Wells Fargo Bank, N.A., as Trustee for Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1 as agent and Attorney in Fact for Terry Sweatmon Jr. and Angela Sweatmon
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 1002-948
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Legal 10
State of Georgia
County of Pike
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated August 30, 2007, executed by Elizabeth A. Loughridge to Mortgage Electronic Registration Systems, Inc., recorded in Deed Book 720, Page 180, Pike County, Georgia Deed Records, and securing a Note in the original principal amount of $100,300.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in February, 2011, to-wit: February 1, 2011, during the legal hours of sale, before the Pike County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
TRACT 1: All that tract or parcel of land, with all improvements thereon, situate, lying and being in Land Lot 207 of the 8th Land District of Pike County, Georgia, containing 1.39 acres, more or less, and having such size, shape, location, courses and distances as are more particularly described on that certain plat of survey entitled, “Property Survey for Ronald Coventry”, dated April 22, 1999, of record in Plat Record 15, Page 141, Clerk’s Office, Superior Court, Pike County, Georgia, said plat of survey by reference being incorporated into and made a part of this description as if copied at length herein.
The above described property is a portion of the property conveyed by D. D. Driver to Mrs. Carrie S. Driver by warranty deed, dated June 24, 1971, of record in Deed Book 47, page 702, said Clerk’s Office.
TRACT 2: All that tract or parcel of land situate, lying and being in Land Lot 207 of the 8th Land District of Pike County, Georgia, containing twenty-three hundredths acre (0.23), more or less, and being more particularly described as follows;
Beginning at a point marked by concrete right of way marker, located at the north east corner of Mrs. Carrie S. Drivers’ residence lot as shown by that certain plat of survey entitled “Property Survey far Ronald Coventry”, dated April 22, 1999, of record in Plat Record 15, page 141, Clerk’s Office, Superior Court, Pike County, Georgia, which point also marks the dividing line between the property of Dorothy D . Folds and said Carrie S. Driver residence lot; and from said beginning point runs thence North 86 degrees, 56 minutes, ten seconds West a distance of 675.63 to an iron pin marking the north west corner of Mrs. Carrie S. Drivers’ residence lot run thence North 07 degrees 37 minutes 05 seconds East a distance of 15 feet to a point run thence South 86 degrees 56 minutes 10 seconds East along a line parallel to the aforesaid dividing line between Folds and Driver a distance of approximately 675.63 feet, more or less, to a point on the West right of way line of U. S. Highway No. 19; run thence South along the right of way of the said U. S. Highway No. 19 to the point of beginning.
The aforedescribed real property is also known as 1021 Hwy 19 S., Meansville, Georgia 30256, according to the present system of numbering houses in Pike County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Elizabeth A. Loughridge 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 Security Deed and the excess proceeds, if any, will be distributed as provided by law.
Ocwen Loan Servicing, LLC
as Attorney-in-Fact for
Elizabeth A. Loughridge
David W. Adams, Esquire
Ellis, Painter, Ratterree
& Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
This law firm is attempting to collect a debt on behalf of the above-referenced lender and any information will be used for that purpose.
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Legal 11
Notice of Sale Under Power
Georgia, Pike County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Michael D. Callahan and Sherri L. Callahan to Mortgage Electronic Registration Systems, Inc. as nominee for Delta Funding Corporation, dated July 7, 2005, and recorded in Deed Book 591, Page 346, Pike County, Georgia records, as last transferred to HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2005-3, Renaissance Home Equity Loan Asset-Backed Notes, Series 2005-3 by assignment recorded in Deed Book 792, Page 12, Pike County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $125,250.00, 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 Pike County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, to wit: February 1, 2011, the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 168 of the Second Land District of Pike County, Georgia, containing 5.365 acres and being more particularly described as follows:
Beginning at the intersection of the southern right of way of County Line Road and the eastern right of way of Ginger Cake Road (Formerly Johnson Road); thence southerly along the eastern right of way of Ginger Cake Road 642.52 feet to a point marking the true point of beginning; from said true point of beginning proceed south 88 degrees 35 minutes 16 seconds east 447.99 feet to a point; thence south 00 degrees 13 minutes 42 seconds east 522.17 feet to a point; thence north 88 degrees 39 minutes 00 seconds west 447.08 feet to a point located on the eastern right of way of Ginger Cake Road; thence north 00 degrees 19 minutes 37 seconds west along said right of way 522.68 feet to the point of beginning.
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).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 187 Gingercake Road, Griffin, GA 30224 is (are): Michael Callahan and Sherri Callahan 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.
HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2005-3, Renaissance Home Equity Loan Asset-Backed Notes, Series 2005-3
as attorney in fact for
Michael D. Callahan
and Sherri L. Callahan
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.
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Legal 12
Notice of Sale Under Power
Georgia, Pike County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by James D Doyle to Mortgage Electronic Registration Systems, Inc. as nominee for USAA Federal Savings Bank, its successors and assigns dated April 27, 2005 in the amount of $316,665.00, and recorded in Deed Book 579, Page 224, Pike County, Georgia Records; as last transferred to GMAC Mortgage, LLC by assignment; the undersigned, GMAC Mortgage, LLC pursuant to said deed and the 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 in February, 2011 , during the legal hours of sale, at the Courthouse door in Pike 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 containing 20.00 acres, more or less, lying and being in Land Lot 179 of 9th Land District of Pike County, Georgia and being more particularly shown and designated as area: 20.00 acres, according to that certain plat of survey entitled A Survey for Cladwell Banker Realtors, dated September 20, 1985, revised October 30, 1985, prepared by Alfred Bolton, III, Georgia Registered Professional Land Surveyor of Griffin Engineering Company, a copy of which said plat is recorded in Plat Book 7, Page 300, Clerks Office, Superior Court, Pike County, Georgia, and which said plat, together with the metes, bounds, courses, and distances as shown thereon with respect to the said 20.00 acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
AND: All that tract or parcel of land lying and being in Land Lots 174 and 179 of the 9th District of Pike County, Georgia, containing 150.00 acres, more or less, and being a portion of those lands as conveyed to Taylor Cook pursuant to a Warranty Deed recorded in Deed Book 104, Page 223, Clerks Office, Pike County, Georgia Records. Said plat is made a part hereof and incorporated herein by this reference.
LESS AND EXCEPT All that tract or parcel of land lying and being in Land Lots 174 and 179 of the 9th District, Pike County, Georgia, containing 36.861 acres and being more particularly described as follows: Beginning at an iron pin located on the Easterly Right of Way of Caldwell Bridge Road (a 50 foot Right of Way) such iron pin being located 1,718.5 feet from the intersection of the Easterly Right of Way of Caldwell Bridge Road with the Southerly boundary of Land Lot 179 as measured from such point of intersection in a Northerly direction along the Easterly Right of Way of Caldwell Bridge Road; run thence North 77 Degrees 51 Minutes 28 Seconds East, 483.510 feet to an iron pin; thence North 89 degrees 41 Minutes 38 Seconds East, a distance of 625.712 feet to an iron pin; run thence South 82 Degrees 56 Minutes 50 Seconds East, a distance of 382.663 feet to an iron pin; thence South 74 Degrees 50 Minutes 36 Seconds East, 1,073.039 feet to an iron pin; thence North 51 Degrees 53 Minutes 20 Seconds West, 1,729.272 feet to an iron pin; thence South 85 Degrees 45 Minutes 31 Seconds West, 31.839 feet to a point; thence North 63 Degrees 04 Minutes 00 Seconds West, 53.60 feet to a point; thence North 61 Degrees 48 Minutes 30 Seconds West, 235.50 feet to a point; thence North 69 Degrees 17 Minutes 00 Seconds West, 39.10 feet to a point; thence South 78 Degrees 56 Minutes 30 Seconds West, 75.90 feet to a point; thence South 73 Degrees 54 Minutes 30 Seconds West, 80.10 feet to a point; thence South 64 Degrees 44 Minutes 00 Seconds West, 29.80 feet to a point; thence South 86 Degrees 12 Minutes 00 Seconds West, a distance of 310.60 feet to a point; thence South 88 Degrees 12 Minutes 00 Seconds, 202.50 feet to a point; thence North 89 Degrees 14 Minutes 30 Seconds West, a distance of 104.40 feet to a point; thence North 83 Degrees 18 Minutes 00 Seconds West, a distance of 117.70 feet to a point; thence South 81 Degrees 02 Minutes 30 Seconds West, 80.90 feet to a point; thence South 50 Degrees 43 Minutes 00 Seconds West, a distance of 72.60 feet to a point; thence South 81 Degrees 23 Minutes 31 Seconds West, a distance of 93.146 feet to an iron pin; thence South 16 Degrees 55 Minutes 34 Seconds East along the Easterly Right of Way line of Caldwell Bridge Road, 105.15 feet to a point; thence South 20 Degrees 51 Minutes 50 Seconds East, along the Easterly Right of Way of Caldwell Bridge Road, a distance of 553.86 feet to a point; thence South 20 Degrees 27 Minutes 55 Seconds East along the Easterly Right of Way line of Caldwell Bridge Road, a distance of 214.699 feet to a point; thence South 11 Degrees 13 Minutes 53 Seconds East, along the Easterly Right of Way of Caldwell Bridge Road, a distance of 39.457 feet to an iron pin and the true Point of Beginning. Said tract containing 36.861 acres and being depicted on a plat for James Davidson by Robert S. Mitchell, dated 08/01/1995.
LESS AND EXCEPT
All that tract or parcel of land lying and being in Land Lot 174 and 179 of the 9th District of Pike County, Georgia, containing 53.46 acres of land and being more particularly described as follows:
Beginning at an iron pin located at the intersection of the Southerly Land Lot Line of Land Lot 179 with the Easterly Right of Way of Caldwell Bridge Road (50 foot Right of Way); thence North 31 Degrees 29 Minutes 49 Seconds West, 141.03 feet to a point; thence North 31 Degrees 43 Minutes 31 Seconds West, 217.47 feet to a point; thence North 27 Degrees 40 Minutes 30 Seconds West, 136.44 feet to an iron pin; thence North 87 Degrees 56 Minutes 56 Seconds East, 1,479.06 feet to an iron pin; thence North 71 Degrees 20 Minutes 28 Seconds East, 1,530.98 feet to an iron pin; thence South 85 Degrees 52 Minutes 59 Seconds East, 933.30 feet to an iron pin located on the Easterly land lot line of said Land Lot 174; thence South 00 Degrees 22 Minutes 02 Seconds East, a distance of 794.96 feet to an iron pin; thence South 89 Degrees 44 Minutes 41 Seconds West. 254.35 feet to an iron pin; thence South 88 Degrees 17 Minutes 42 Seconds West, 2,410.14 feet to an iron pin; thence South 87 Degrees 56 Minutes 56 Seconds West, 950.41 feet to an iron pin and the Point of Beginning.
LESS AND EXCEPT All that tract or parcel of land lying and being in Land Lots 174 and 179 of the 9th District of Pike County, Georgia, and being more particularly described as follows:
To find the true Point of Beginning, begin at the common corner of Land Lots 147, 148, 173, and 174, run thence along the common line of Land Lots 147 and 174 North 00 Degrees 22 Minutes 27 Seconds West; 794.96 feet to a 3/8-inch rebar found, and the true Point of Beginning; thence North 85 Degrees 52 Minutes 59 Seconds West, 933.30 feet to a 5 foot fence post found; thence South 71 Degrees 20 Minutes 28 Seconds West, 1,530.98 feet to a 3/8-inch rebar found; thence South 87 Degrees 56 Minutes 56 Seconds West, 1,479.06 feet to a rebar set on the Eastern Right of Way line of Caldwell Bridge Road (a 50 foot Right of Way); thence North 16 Minutes 57 Seconds West, a distance of 47.28 feet to a point; thence North 03 Degrees 47 Minutes 23 Seconds West, 47.02 feet to a point; thence North 01 Degrees 47 Minutes 21 Seconds West, 273.69 feet to a rebar set; thence North 86 Degrees 32 Minutes 58 Seconds East, 198.60 feet to a rebar set; thence North 84Degrees 40 Minutes 26 Seconds East, 420.78 feet to a rebar set; thence North 61 Degrees 32 Minutes 46 Seconds East, 90.29 feet to a rebar set; thence North 61 Degrees 52 Minutes 29 Seconds East, 72.09 feet to a rebar set; thence North 86 Degrees 04 Minutes 36 Seconds East, 334.81 feet to a rebar set; thence South 05 Degrees 27 Minutes 04 Seconds East, 13.69 feet to a rebar set; thence South 83 Degrees 27 Minutes 37 Seconds East, 75.86 feet to a rebar set; thence North 88 Degrees 06 Minutes 14 Seconds, 133.50 feet to a rebar set; thence North 00 Degrees 55 Minutes 24 Seconds West, 716.14 feet to a rebar set; thence South 82 Degrees 38 Minutes 37 Seconds East, 149.48 feet to a rebar set; thence South 74 Degrees 26 Minutes 18 Seconds East. 1,073.18 feet to a 2-inch pipe; thence South 89 Degrees 32 Minutes 41 Seconds East, 1,417.36 feet to a rebar set along the common line of Land Lots 147 and 174; thence South 00 Degrees 22 Minutes 27 Seconds East, 489.95 feet to a 3/8-inch rebar found and the true Point of Beginning. Said tract containing 55.910 acres as shown on that certain plat of survey for Corey Dague by Gerald Bernhard, GRLS No. 2688, dated 10/08/2003.
Which has the property address of 1536 Caldwell Bridge Rd, Concord, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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 attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James D Doyle and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
GMAC Mortgage, LLC
Attorney in Fact for
James D Doyle
Anthony DeMarlo,
Attorney/tnalty
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24816 /VA
This law firm is acting as a debt collector and is attempting to collect a debt. Any information obtained will be used for that purpose.
1/5, 12, 19, 26 gpn11
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