The Pike County Journal-Reporter

Legal 158
Notice is hereby given that the term of appointment of the Presiding Judge of Juvenile Court of the Griffin Judicial Circuit will expire in July 2012 and all applicants interested in appointment or reappointment as the Presiding Judge of Juvenile Court shall submit a letter of application to the Honorable Christopher C. Edwards, Chief Judge of the Griffin Judicial Circuit, Fayette County Justice Center, One Center Dr., Fayetteville, Georgia 30214. Applicants must be at least 30 years of age, must have been a citizen of the State of Georgia for at least three years, be a member in good standing of the State Bar of Georgia, and must have practiced law for a least five years. All applications shall be received by Chief Judge Edwards’ office by June 15, 2012.
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Legal 228
Notice
Georgia, Pike County
Probate Court
To: All interested parties
Christina Jo Davis Haddock has petitioned to be appointed Administratix of the estate of Harry Cephus Davis, 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 June 11, 2012. 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 Brandenburg
Probate Judge
P.O. Box 324
Zebulon, Georgia 30295
770-567-8734
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Legal 229
Office Of The District Attorney
Griffin Judicial Circuit
Scott L. Ballard,
District Attorney
Notice Of Seizure To Personal Property Valued At Less Than $25,000
One 1986 Chevrolet Cavalier Automobile, VIN# 1G1JC35P9GJ206515, Defendant, in rem;
Pursuant to O.C.G.A. Sec. 16-13-49, any party claiming an interest in the above referenced property is hereby notified that on the 20th day of April, 2012, said property was seized by the below referenced agency in Pike County, Georgia.
Conduct giving rise to seizure was as follows:
Violation of O.C.G.A. 16-13-30; Possession of Controlled Substances with Intent to Distribute; Seizing Agency: Pike County Sheriff’s Office; Location: Mt. View Convenience Store, Hwy. 19, Pike County; Date: April 20, 2012.
You are further notified that you may file a claim as required by O.C.G.A. 16-13-49 within thirty (30) days of second publication of this notice of seizure by sending a claim to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested.
This 14th day of May, 2012.
Scott Ballard
District Attorney
/s/Benjamin D. Coker
Assistant District Attorney
Office of District Attorney
P. O. Box 871
Thomaston, GA 30286
706/647-4042
Agent Angelo Clerk
Pike County Sheriff’s Office
89 Jackson Street
Pike County, GA 30295
(770) 567-3440
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Legal 230
Notice
Georgia, Pike County
Probate Court
To: Interested parties
The petition of James W. Peaden, for a year’s support from the estate of Angeli W. Peaden, deceased, for decedent’s surviving spouse, having been duly filed all interested persons are hereby notified to show cause, if any they have, on or before June 18, 2012, 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 on or before the time stated in the preceding sentence. 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 231
Notice
Probate Court of Pike County
Re: Petition of Paul Matthew Justus to Probate in Solemn Form the Will of Herberet Eugene Justus, deceased, upon which an Order for Service was granted by this court on May 16, 2012.
To: Thomas Jerome Justus, Russell Justus, Donald Justus, all interested parties and all and singular the heirs of said decent, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before June 18, 2012.
Be notified further: All objections to the petition must be in writing, setting forth the grounds of any such objections. 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 236
Application To Register A
Business To Be Conducted
Under Trade Name,
Partnership or Others
State of Georgia
County of Pike
The undersigned does hereby certify that Daniel Poole conducting a business as 804 Drew Allen Road in the city of Williamson, county of Pike, in the state of Georgia, under the name of Dome Enterprize and that the nature of the business is hauling, transporting vehicles, 48 states & Canada & other commodities (trucking) with Landstan, Runger & unmark truck transport lowboys and that the names and addresses of the persons, firms or partnership owning and carrying on said trade or business is Daniel Poole, 804 Drew Allen Rd., Williamson, GA 30292.
/s/Daniel Poole, owner
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Legal 237
Notice
Georgia, Pike County
Probate Court
Lisa Whetstone has petitioned to be appointed Administrator of the estate of Ramone Jean Cook, 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 June 25, 2012. 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 Brandenburg
Probate Judge
P.O. Box 324
Zebulon, Georgia 30295
770-567-8734
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Legal 238
Notice To Debtors
And Creditors
Georgia, Pike County
All creditors of the estate of Larry Dewey Thomas, deceased, late of Pike County, 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 me.
This 24th day of May, 2012.
/s/ Priscilla Wallace Thomas
Executrix of
Larry Dewey Thomas,
Deceased
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Legal 242
State Of Georgia
County Of Pike
Notice Of Sale Under Power
In Deed To Secure Debt
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from James F. Kill and Donna L. Kill to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $168,000.00 dated 07/19/2006, and recorded in Deed Book 658, page 141, Pike County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 852, Page 280, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of July, 2012 by CitiMortgage, Inc., as Attorney-in-Fact for James F. Kill and Donna L. Kill the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 121 of the 2nd Land District of Pike County, Georgia, and being more particularly shown and designated as 2.413 acres, on a plat of survey entitled “Property Survey for Tommy C. Freeman & Lynn S. Freeman”, prepared by Conkle-Lane & Associates, dated Feb. 27, 1990, a copy of which said plat is recorded in Plat Book 9, Page 123, of the Superior Court Records of Pike County, Georgia, and which said plat, together with the metes, bounds, courses and distances shown thereon with respect to said property, is incorporated herein and made a part hereof as fully as if set out herein.
Less and Except: That portion of the above-described property conveyed to Department of Transportation in a road deed executed April 25, 1989, recorded March 5, 1991, in Deed Book 129, Page 140, Pike County Superior Court Records for widening of Hemphill Road.
Property known as: 266 Hemphill Road, Griffin, GA 30224.
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is James F. Kill and Donna L. Kill.
CitiMortgage, Inc., as Attorney-in-fact for James F. Kill and Donna L. Kill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 12-03269
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Legal 243
State Of Georgia
County Of Pike
Notice Of Sale Under Power
In Deed To Secure Debt
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Jeff P D Sims, Jr to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $161,500.00 dated 10/10/2007, and recorded in Deed Book 727, page 287, Pike County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 882, Page 47, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of July, 2012 by CitiMortgage, Inc., as Attorney-in-Fact for Jeff P D Sims, Jr the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 212 of the First Land District of Pike County, Georgia, and:
Containing 7.00 acres as shown on a plat of survey entitled “Survey for Mary Jane Sullivan”, prepared by Countryland Surveyors, Ltd., more specifically, Mark D. Pressley, Registered Land Surveyor No. 2777, dated December 16, 1998, and recorded in Plat Book 15, Page 75.
Said plat, together with the metes, bounds, courses and distances shown thereon with respect to said 7.00 acres is incorporated herein and by reference thereto made a part of this description as fully as if set out herein.
Being the same property conveyed to Jeff P.D. Sims, Jr. by deed from Joseph Marty Sullivan and Mary Jane Sullivan recorded 12/21/1999 in Deed Book 276, Page 172, in the Office of the Clerk of the Superior Court of Pike County, Georgia.
Tax ID No. 026-013A
Property known as: 827 Gaulding Rd, Concord, GA 30206
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regent Blvd.
Irving, TX 75063
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff P D Sims, Jr.
CitiMortgage, Inc., as Attorney-in-fact for Jeff P D Sims, Jr.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 12-01043
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Legal 244
Notice Of Sale Under Power,
Pike County
Pursuant to the Power of Sale contained in a Security Deed given by Leon W. Anthony and Kathy B Anthony to Mortgage Electronics Registration Systems, Inc. as nominee for American Bank, a Federal Savings Bank dated 8/11/2009 and recorded in Deed Book 807 Page 151-162, PIKE County, Georgia records; as last transferred to Bank Of America, N.A., Successor By Merger To Bac Home Loans Servicing, Lp Fkacountrywide Home Loans Servicing, LP 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 $ 194,596.00, 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 July , 2012 (July 03, 2012), the following described property:
Deed 1: All that tract or parcel of land containing 2.000 acres, more or less, lying and being in land lot 104 of the eighth land district of Pike County, Georgia and being more particularly shown as area: 2.000 acres according to that certain plat of survey entitled “Property survey for Leon W. Anthony and Kathy B. Anthony” dated May 23, 1991, prepared by Kenneth Edward Presley, Georgia registered professional land surveyor no. 1327 of Presley, Farr and Associates, a copy of which said plat is recorded in plat book 10, page 40, Pike County, Georgia superior court clerk’s records, and which said plat, together with the metes, bounds, courses and distances as shown thereon with respect to the said 2.000 acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
Deed 2: Tract 1: All that tract or parcel of lying and being in land lot 104 of the eighth land district of Pike County, Georgia, containing 3.0 acres and being more specifically shown on that certain plat of survey for Leon W. Anthony and Kathy B. Anthony, prepared by Kenneth E. Presley & Associates, copy of said plat being recorded in plat book 12, page 335, Pike County, Georgia superior court records, said plat together with the courses, distances, metes and bounds as shown thereon are incorporated in and made a part of this description by reference.
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 15567 Georgia Highway 109, Meansville, GA 30256 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): Kathy B Anthony and Leon W. Anthony 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.
Bank Of America, N.A., Successor By Merger To Bac Home Loans Servicing, Lp Fkacountrywide Home Loans Servicing, LP as agent and Attorney in Fact for Leon W. Anthony and Kathy B Anthony
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 1016-1693
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Legal 245
State Of Georgia
County Of Pike
Notice Of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Melissa Moody and Michael Moody to Mortgage Electronic Registration Systems, Inc. dated April 5, 2007, and recorded in Deed Book 699, Page 373, Pike County Records, said Security Deed having been last sold, assigned, transferred and conveyed to American Home Mortgage Servicing, Inc., by Assignment , securing a Note in the original principal amount of $97,600.00, 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, July 3, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land situate lying and being in Land Lot 165 of the First Land District of Pike County, Georgia, and being shown as AREA: 2.07 ACRES on that plat of survey entitled, “Property survey for H. Jeffery Treadway,” dated May 30, 2000, which plat is incorporated herein by reference. From said plat said tract is more particularly described as follows:
Beginning at a point located at the intersection of the southern right of way of Blanton Mill Road and the eastern Boundary of Land Lot 165, said district, thence proceed along the southern right of way of Blanton Mill Road 2529.62 feet to a point; thence South 05 degrees 08 minutes 56 seconds East 550.93 feet to a point; thence south 72 degrees 18 minutes 10 seconds West 156.29 to a 1/2 inch rebar and the point of beginning; from said point of beginning proceed South 05 degrees 08 minutes 56 seconds East 440 feet to a 1/2 inch rebar located on the northwestern right of way of Georgia State Route No. 362; thence continue along said right of way South 72 degrees 18 minutes 10 seconds West 210.00 feet to a 1/2 inch rebar; thence North 05 degrees 08 minutes 56 seconds West 440.00 feet to a 1/2 inch rebar; thence North 72 degrees 18 minutes 10 seconds East 210.00 feet to the point of beginning.
Said lot is bounded, now or formerly, on the South by Georgia State Route 362 (80 foot right of way); on the East by R. H. Bottoms; on the North by R. H. Bottoms and the West by James Eubanks. This is the identical property as described in that Warranty Deed from Charles Warford to Kenneth E. Stephens dated December 9, 1993 and recorded at Deed Book 150, Page 668, Pike County Superior Court Clerk’s Office.
Said property is known as 3364 Highway 362 W #3366, Williamson, GA 30292, 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.
The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Melissa Moody and Michael Moody or a tenant or tenants. 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.
American Home Mortgage Servicing, Inc. as Attorney-in-Fact for Melissa Moody and Michael Moody
File no. 12-027648
Shapiro & Swertfeger, LLP*
Attorneys and
Counselors at Law
2872 Woodcock Blvd.,
Duke Building, Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/AK
www.swertfeger.net
*The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
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Legal 246
Notice of Sale Under Power.
State of Georgia,
County of Pike.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Teresa H Tinley to Homebanc Mortgage Corporaton, dated 04/12/2006, and Recorded on 04/17/2006 as Book No. 639 and Page No. 299, Pike County, Georgia records, as last assigned to Bank Of America, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $107,850.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Pike County Courthouse within the legal hours of sale on the first Tuesday in July, 2012, the following described property:
All that tract or parcel of land situate, lying and being in the city of Williamson and in land lot 160 of the first land district of Pike County, Georgia, being more particularly depicted as tract “E” and shown on a plat of survey entitled “Property survey for Tom Barrett & Associates”, prepared by Kenneth Pressley, registered land surveyor, dated March 24, 1983, and recorded in plat book 7, page 8 of the records of the clerk of superior court of Pike County, Georgia, which said plat, together with the metes, bounds, courses and distances shown thereon with respect to tract “E” is incorporated herein by reference and made a part hereof.
The property hereby conveyed includes a residence located on tract “E” known as 133 (88) Purser Circel, Williamson, Georgia, according to the present system of numbering property in Williamson, georgia. 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. Because the debt remains 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). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank Of America, N.A., As Successor By Merger To Bac Home Loans Servicing, LP, PTX-C-32, Foreclosure 7105 Corporate, Plano, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 133 Purser Circle, Williamson, Georgia 30292 is/are: Teresa H Tinley or tenant/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; 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 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.
Bank Of America, N.A. as Attorney in Fact for Teresa H Tinley.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 20120031402678
Barrett Daffin Frappier Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.
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Legal 247
Notice of Sale Under Power.
State of Georgia,
County of Pike.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by George Allen To Mortgage Electronic Registration Systems, Inc. (Mers) As Nominee For Taylor, Bean & Whitaker Mortgage Corp. , dated 07/10/2008, and Recorded on 07/18/2008 as Book No. 760 and Page No. 262-271, Pike County, Georgia records, as last assigned to Bank Of America, N.A., Successor By Merger To Bac Home Loans Servicing, Lp, Fka Countrywide Home Loans Servicing LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $278,110.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Pike County Courthouse within the legal hours of sale on the first Tuesday in July, 2012, the following described property:
All that lot, tract or parcel of land situate, lying and being in the city of Meansville, Pike County, Georgia, and being more particularly described as area 1.228 acres, more or less, on that plat of survey recorded in plat book 8, page 182, Pike County, Georgia records, to which plat reference is made for a more detailed description.
Situated on the afore described lot is a residential dwelling known as 510 Highway 109 east according to the system of numbering presently in use of Pike County, Georgia.
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. Because the debt remains 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). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank Of America, N.A., As Successor By Merger To Bac Home Loans ServicinG, LP, PTX-C-32, Foreclosure 7105 Corporate, Plano, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 12731 GA Hwy 109, Meansville, Georgia 30256 is/are: George Allen or tenant/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; 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 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.
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 George Allen.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 20100031407267
Barrett Daffin Frappier Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.
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