Legal 386
In the Superior Court of
Pike County
State of Georgia
Civil Action
File No. 2011CV-408
Petitioner: Romona Sue
Smith-Holmes
Notice of Petition
to Change Name
Notice is hereby given that Romona Sue Smith-Holmes, the undersigned, filed his/her petition to the Superior Court of Pike County, Georgia, on the 16th day of August, 2011, praying for change in the name of petitioner from Romona Sue Smith-Holmes to Mona Sue Smith.
Notice is given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 16th day of August, 2011.
Romona Sue Smith-Holmes
1456 Beeks Road
Williamson, Georgia 30292
678-603-5494
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Legal 393
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
Five Hundred, Ninety-One and 41/100ths in U.S. Currency; One2003 Mitsubishi Galant, VIN # 4A3AA46GX3E158654, 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 16th day of August, 2011, 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. 16-13-31; Trafficking Marijuana.
Seizing Agency: Zebulon Police Department Location: Hwy 19 South; Date: August 16, 2011
You are further notified that you may file a claim as required by O.C.G.A. 16-13-49(n) 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 23rd day of August, 2011.
Scott Ballard
District Attorney
Benjamin D. Coker
Assistant District Attorney
Office of District Attorney
P. O. Box 871
Thomaston, GA 30286
706/647-4042
Lt. Jonathan Hemphill,
Seizing Agent
Zebulon Police Department
7818 Hwy. 19 South
Zebulon, Pike County, GA
(770) 567-8441
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Legal 414
In the Superior Court of
Pike County
State of Georgia
In Re: Application of Benjie Richard Blount to Adopt the minor child to be known as: Autumn Victoria Blount, Female, DOB 09/09/2003.
Benjie Richard Blount,
Petitioner
VS,
Shang Parks, Defendant
Adoption Docket:
File No.: 2011A-003
Judge: Tommy R. Hankinson
Notice
By order of the court for service by publication, you are hereby notified that on March 10, 2011, Benjie Richard Blount filed suit against you for Step Parent Adoption and termination of Parental Rights. You are required to file with the clerk of Superior Court, and to serve upon Plaintiff’s attorney, Robert L. Morton, an answer in writing within sixty (60) days.
Witness, the Honorable Tommy R. Hankinson, Judge, Superior Court
This 2nd day of September, 2011.
/s/Carolyn Williams, Clerk
Pike County Superior Court
79 Jackson Street
Zebulon, GA 30295
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Legal 415
Notice
Georgia, Pike County
Probate Court
To: All interested parties
The petition of Dale Louis Jackson, for a year’s support from the estate of Barbara Ann Jackson, 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 October 10, 2011, 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, Georgia 30295
770-567-8734
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Legal 400
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 9, 2010, by Terry L. Sweatmon, Jr. and Angela S. Sweatmon, as grantor, to First National Bank of Barnesville, as grantee, and recorded in Deed Book 824, at page 308, of the Superior Court records of Pike County, Georgia, which indebtedness was subsequently transferred to United Bank, 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 Terry L. Sweatmon, Jr. and Angela S. Sweatmon, will sell at public outcry before the courthouse door in Zebulon, Pike County, Georgia, on the first Tuesday in October, 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 2.56 acres, more or less, lying and being in Land Lots 274 & 275 of the Ninth Land District of Pike County, Georgia, and being more particularly shown and designated as Lot 11 — 2.56 ACRES according to that certain plat of survey entitled, “Survey for The Shoals”, dated January 21, 2005, prepared by Mark D. Pressley, Georgia Registered Professional Land Surveyor #2777, a copy of which said plat is recorded in Plat Book 24, Page 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 the said 2.56 acres, is by this reference incorporated herein in aid of this description as fully, as if copied at length herein.
AND ALSO: All that tract or parcel of land containing 2.37 acres, more or less, lying and being in Land Lots 274 & 275 of the Ninth Land District of Pike County, Georgia, and being more particularly shown and designated as Lot 12 — 2.37 ACRES according to that certain plat of survey entitled “Survey for The Shoals”, dated January 21, 2005, prepared by Mark D. Pressley, Georgia Registered Professional Land Surveyor #2777, a copy of which said plat is recorded in Plat Book 24, Page 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 2.37 acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
The above-described property is conveyed subject to any covenants and restrictions of record affecting said property.
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 August 25, 2011.
United Bank
Beck, Owen & Murray
Attorneys, Griffin, Ga.
as Attorney-in-Fact for Terry L. Sweatmon, Jr.
and Angela S. Sweatmon
Kathy Pippin,
P. O. Box 340,
Barnesville, Ga. 30204
Griffin, Ga. 30224
770/412-4941
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Legal 401
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 January 28, 2008, by Charles R. Ward and Cynthia J. Ward, as grantor, to United Bank, as grantee, and recorded in Deed Book 265, page 317, 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 Charles R. Ward and Cynthia J. Ward, will sell at public outcry before the courthouse door in Zebulon, Pike County, Georgia, on the first Tuesday in October, 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 lying and being in Land Lot 128 of the 8th Land District of Pike County, Georgia, and being more particularly shown and delineated as Lot or Tract #18 of Pine Crest Farms Subdivision on a plat of survey by Conkle-Lane Associates (G. Tim Conkle, Georgia Registered Surveyor No. 2001), dated November 21, 1989 and recorded in the office of the Clerk of Superior Court of Pike County at Plat Book 9, page 101. Said plat is hereby made a part of this description by this reference. Said property is known and designated as 506 Harden Road, Zebulon, Ga. 30296.
Notice, as required by law, has been given of intention to enforce the collection of attorney’s 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 August 25, 2011.
United Bank
Beck, Owen & Murray
Attorneys, Griffin, Ga.
as Attorney-in-Fact for
Charles R. Ward
and Cynthia J. Ward
Kathy Pippin
P. O. Box 340,
Barnesville, GA. 30204
770/412-4941
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Legal 402
Notice of Sale Under Power
Pike County
Pursuant to the Power of Sale contained in a Security Deed given by Thomas M. Marshall and P. Anne Marshall to Wachovia Mortgage Corporation dated 10/31/2006 and recorded in Deed Book 679 Page 109, Pike County, Georgia records; as last transferred to Wachovia Bank of Delaware, NA 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 $ 135,000.00, 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 October, 2011 (October 4, 2011), the following described property:
ALL THAT tract or parcel of land lying and being in Land Lot 59, 9th District, Pike County, Georgia, being lot 2, Spring Lot Estates Subdivision, as per play recorded in Plat Book 14, page 229, Pike County Records, which plat is hereby referred to and made a part of this description, being improved property known as 259 Old Lifsey Springs Road.
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 771 Old Lifsey Springs Road, Molena, Georgia 30258 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): Thomas M. Marshall and P. Anne Marshall 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.
Wachovia Bank of Delaware, NA as agent and Attorney in Fact for Thomas M. Marshall and P. Anne Marshall
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. 1000-661708
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Legal 403
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 M. Pearl to United Mortgage Associates, Inc., dated 05/05/2006, and Recorded on 05/16/2006 as Book No. 645 and Page No. 281-299, Pike County, Georgia records, as last assigned to JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $101,898.00, 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 October, 2011, the following described property:
All that lot, tract or parcel of land situate, lying and being in land lot 227 of the 8th land district of Pike County, Georgia and being more particularly shown and designated as lot 35, on a plat of survey entitled “ Final plat Wrightsburg”, dated April 20, 2004, prepared by S.J. Reeves & Associates, more specifically Steve J. Reeves, registered land surveyor no. 2765, a copy of which said plat is recorded in plat book 22, page 94, of the Pike County court records, and which said plat, together with respect to lot 35, is incorporated herein and made a part hereof as fully as if set out herein.
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: JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance LLC, 3415 Vision Drive, Foreclosure, Columbus, OH 43219, 800-848-9136. 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 326 Wrightsburg Way, Zebulon, Georgia 30295 is/are: Teresa M. Pearl 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.
JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance LLC as Attorney in Fact for Teresa M. Pearl.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 20110187407399
Barrett Daffin Frappier Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.
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Legal 404
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 Robert L. Gresham and Karen A. Gresham to Mortgage Electronic Registration Systems, Inc. (“mers”), as nominee for United Mortgage Associates, Inc. , dated 11/03/2005, and Recorded on 11/08/2005 as Book No. 613 and Page No. 97-105, Pike County, Georgia records, as last assigned to Wells Fargo Bank, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $151,894.00, 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 October, 2011, the following described property:
All that tract or parcel of land containing 9.34 acres, more or less, lying and being in land lot 107 of the 8th land district of Pike County, Georgia, and being more particularly shown and designated as 9.34 +/- acres according to that certain plat of survey entitled “Survey prepared for Matthew Wood” dated September 10, 2000, prepared Terra Services, Georgia registered professional land surveyor no. 2765, a copy of which said plat is recorded in plat book 17 page 170, 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 said 9.34 acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
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: Wells Fargo Bank, N.A., 3476 Stateview Blvd., Foreclosure MAC# X7801-014, FT. Mill, SC 29715, 803-396-6000. 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 1848 McCard Lake Road, Meansville, Georgia 30256 is/are: Robert L. Gresham and Karen A. Gresham 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Robert L. Gresham and Karen A. Gresham.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 20110169805823
Barrett Daffin Frappier Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.
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Legal 405
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 Bryant A. Garner and Jo Ann Garner to Mortgage Electronic Registration Systems, Inc. (“mers”) as nominee for Wachovia Mortgage Corporation , dated 08/17/2004, and Recorded on 08/23/2004 as Book No. 00537 and Page No. 00284, Pike County, Georgia records, as last assigned to Wells Fargo Nank, N.A. successor by merger to Wachovia Bank, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $129,900.00, 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 October, 2011, the following described property:
All that tract or parcel of land situate, lying and being in the city of Zebulon, Pike County, Georgia, and being tract 5 as shown on plat of survey entitled “Survey for J. C. Adkerson Estate”, prepared by Countryland surveyors, Ltd., a copy of which said plat of survey is recorded in plat book 22, page 123, in the office of 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.
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: Wells Fargo Bank, N.A., 3476 Stateview Blvd., Foreclosure MAC# X7801-014, FT. MILL, SC 29715, 803-396-6000. 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 51 Pope Street, Zebulon, Georgia 30295 is/are: Bryant A. Garner and Jo Ann Garner 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. Wells Fargo Nank, N.A. successor by merger to Wachovia Bank, N.A.. as Attorney in Fact for Bryant A. Garner and Jo Ann Garner.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 20110169805720
Barrett Daffin Frappier Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.
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Legal 406
Notice of Sale Under Power
State of Georgia
County of Pike
Under and by virtue of the power of sale contained in that certain Security Deed from Phillip Michael Smith and Taunya G. Smith (collectively, the “Grantors”), to and in favor of Regions Bank, an Alabama banking corporation (the “Lender”), dated as of March 20, 2007, filed for record March 23, 2007, and recorded in Deed Book 696, Page 176, Pike County, Georgia records (collectively, the “Security Deed”); securing that certain Promissory Note from the Grantors, to and in favor of Lender dated March 20, 2007, in the original principal sum of six hundred forty thousand and 00/100 dollars ($640,000.00) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantors to the highest bidder for cash between the legal hours for sale before the Courthouse door in Pike County, Georgia, on the first Tuesday in October, 2011, the following described land, buildings, improvements, fixtures, furniture and appliances and other personal property (hereinafter collectively referred to as the “Premises”) to wit:
A. all that tract or parcel of land situate lying and being in Land Lot 12 of the 9th Land District of Pike County, Georgia, and being shown and set out as Parcels 1, 2, 3, and 4 on map or plat of survey entitle “Property Survey for Fred Omundson and Associates,” dated July 11, 1974, revised July 23, 1974, revised September 17, 1974, revised June 18, 1975 revised November 2, 1977 prepared by Kenneth E. Presley Associates, Inc., Georgia Registered Surveyors, plat of record in Plat Book 6, Page 138, in the office of the Clerk of Superior Court of Pike County, Georgia to which reference is expressly made for the description contained therein and being described further as follows:
BEGINNING at an iron pin set at the southwest corner of Land Lot 12 of the 9th Land District of Pike County, Georgia; thence north 0 degrees 23 minutes 46 seconds east a distance of 2666.78 feet to the iron pin at the northwest corner of Land Lot 12 of the 9th Land District of Pike County, Georgia; thence north 89 degrees 50 minutes 23 seconds east a distance of 1028.35 feet to an iron pin; thence south 34 degrees 56 minutes 12 seconds east a distance of 1649.48 feet to the easterly right of way of County Road; thence south 53 degrees 29 minutes 17 seconds west a distance of 323.0 feet; thence south 39 degrees 13 minutes 14 seconds west a distance of 320 feet; thence south 38 degrees 33 minutes 41 seconds west a distance of 400 feet; thence south 40 degrees 32 minutes 46 seconds west a distance of 550 feet; thence north 46 degrees 22 minutes 00 seconds west a distance of 230 feet; thence south 30 degrees 52 minutes west a distance of 347.77 feet; thence south 89 degrees 11 minutes 22 seconds west a distance of 579.39 feet to the iron pin at the point of beginning. Tract 1 contains 24.42 acres, Tract 2 contains 21.68 acres, Tract 3 contains 21.65 acres and Tract 4 contains 18.50 acres, giving a total acreage of 86.25 acres, more or less; AND
A. Together with any and all of the following: (i) all buildings, structures and Improvements (as such term is defined in the Security Deed) now or hereafter located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all Rent (as that term is defined in the Security Deed) accruing therefrom, whether now or hereafter due; (iv) all accounts and contract rights now or hereafter arising in connection with any part or parcel thereof or any buildings, structures or Improvements now or hereafter located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now or hereafter affecting the land or any buildings, structures, or Improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now or hereafter located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now or hereafter located thereon, or in or on the buildings, structures and Improvements thereon, and used in connection with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now or hereafter located thereon or any part or parcel thereof.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantors, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owners of the Premises are the Grantors, and the party or parties in possession of the Premises are the Grantors or tenants of the Grantors.
Regions Bank
as Attorney-in-Fact for
Phillip Michael Smith, II and Taunya G. Smith
Bryan S. Gershkowitz, Esq.
McCalla Raymer, LLC
Six Concourse Parkway
Suite 3200
Atlanta, Georgia 30328
(678) 281-6531
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