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 423
In the Superior Court of
Pike County
State of Georgia
Family Division
Civil Action File No: 2011CV-398
Petitioner: Mollie Louise
Kendall
Notice of Petition
to Change Name
Notice is hereby given that Mollie Louise Awtrey, the undersigned, filed his/her petition to the Superior Court of Pike County, Georgia, on the 10th day of August, 2011, praying for change in the name of petitioner from Mollie Louise Kendall to Mollie Louise Kendall Awtrey.
Notice is hereby 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 19th day of September, 2011.
/s/Mollie Louise Kendall
Petitioner
14242 U.S. Hwy. 19,
Griffin, Ga 30224
678-340-9488
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Legal 425
Georgia
Pike County
Notice to Debtors
and Creditors
All creditors of the estate of Bernard E. La Berge of Pike County, Georgia 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 the 22nd day of September, 2011.
/s/Julia Louisa La Berge
Administratrix with Will Annexed
Eugene W. Dabbs IV
Attorney for Administratrix
P.O. Box 60, Griffin, Ga 30224
770-229-1234
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Legal 427
Notice
The Kidz Konnection Day Care Center, Inc., 10646 Hwy. 19 N., Zebulon, GA 30295 announces the sponsorship of the U.S. Department of Agriculture funded Child and Adult Care Food Program. The same meals will be available at no separate charge to enrolled participants at the centers listed, and will be provided without regard to race, color, national origin, sex, age or disability. Any person who believes that he or she has been discriminated against should write immediately to: USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382. Contact Angie Woodall at 770-567-4848 for more information.
The Department of Agriculture, Food and Nutrition Services, Child Nutrition Programs - Income Eligibility Guidelines for Free and Reduced Price Meals are used to determine the rate that the center will be reimbursed for meals served in this program.
9/28
Legal 421
Notice of Public Foreclosure Sale of Personal Property
United Bank (“Secured Party”) gives notice it will sell at a public foreclosure sale on September 30, 2011 at 10:30 a.m. Eastern Daylight Savings Time at 235 Griffin Street, Zebulon, Georgia 30295 (the corner of Harrison Street and Griffin Street a/k/a U.S. Highway 19), personal property of Madison Commercial Properties, LLC (“Debtor”) in which Secured Party holds a security interest. All Terms not otherwise defined herein shall have the meaning ascribed thereto in the Uniform Commercial Code, Title 11 of the Official Code of Georgia Annotated (“Commercial Code”). Security Party shall offer for sale at the above-referenced time and place the following items of property of the Debtor (hereinafter collectively referred to as the “Property”):
1 - John Deere 3235C Gang Mower #TC3235C-3-293
1 - John Deere 2030 Assured GT Pro Gator w/HD 200 Sprayer 11166, ID# TC2030A040379 - 1116.1 Hr
1 - John Deere 2500A Demo-Gas Mower w/7 BL Scrapers, # TC250AG040105 and 3rd Wheel assistant attachments
1 - Tru Turf RS 48-11C Roller & Spiker w/2-24” Triplex Roller Smoothing Heads & Honda 6.5 Motor
1 - Toro Trans Pro Trailer, #S260000473
1 - Toro GR Flex 21 Mower 11-BLD C/U & Wiehle Roller, #S260001638
1 - Toro Roller #210000209 w/Kawasaki FE120 Motor
1 - Toro Debris Blower 600, Serial #S260000159 All Course Markers & Flags
Secured Party does not make any warranties or representations as to the existence, quantity, quality, or nature of any of the foregoing types or items of property or as to the transferability or assignability of any contracts, licenses, or permits included within the categories or items of the property. The property will be sold as is, where is, and with all faults and without any warranties, express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose, all of which are to be disclaimed and shall be subject to all prior liens and claims (excluding any prior liens or record which have been subordinated by contract to the liens of secured party). there is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition.
To the best information, knowledge and belief of Secured Party, the Property is located at 235 Griffin Street, Zebulon, Georgia 30295 (the corner of Harrison Street and Griffin Street a/k/a U.S. Highway 19). Inquiries about the Property may be made by contacting United Bank, Attn: Kathy Pippin, Collections Manager, 505 South Hill Street, P. O. Box 757, Griffin, GA 30224, telephone number 770-412-4941.
This public sale is a sale pursuant to foreclosure upon Secured Party’s security interest in the Property and will be conducted in accordance with O.C.G.A. §§ 11-1-201(31.1) and 119610. The sale, if made, shall be to the highest and best bidder. All persons attending the sale will be given an opportunity to bid on a competitive basis. Secured Party may offer the Property for sale, and may sell the Property, as a unit or in parcels and by use of one or more contracts. Secured Party may adjourn and recommence the sale at its discretion within the legal hours for a public sale under the Commercial Code. The purchase price shall be paid in cash or certified funds at closing, which will be at the conclusion of all bidding unless otherwise agreed by Secured Party at the time of sale. Secured Party reserves the right, in its discretion, to reject any and all bids and to submit a bid or bids, including a credit bid, for any or all of the Property. After receipt of bids for the Property in its entirety or a portion thereof, Secured Party in its discretion may solicit, receive, and accept bids for each item of the Property.
United Bank, as Successor-in-Interest to First National Bank, Secured Party, as Agent and Attorney in Fact for Madison Commercial Properties, LLC
Paul R. Jordan, Esq.
Davis, Pickren, Seydel
& Sneed, LLP
285 Peachtree Center Avenue
2300 Marquis Tower
Atlanta, GA 30303
(404) 588-0505
(404) 582-8823 Fax
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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.
9/7, 14, 21, 28 gpn11
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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Legal 407
Notice of Sale Under Power
Georgia, Pike County
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Under and by virtue of the Power of Sale contained in a Security Deed given by Guy Husak to First Franklin a division of national city bank of IN, dated November 4, 2005, recorded in Deed Book 613, Page 133, Pike County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for First Franklin Mortgage Loan Trust 2006-FFH1, Asset-Backed Certificates, Series FFH1 by assignment recorded in Deed Book 842, Page 19, Pike County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of one hundred forty-two thousand and 0/100 dollars ($142,000.00), 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 within the legal hours of sale on the first Tuesday in October, 2011, the following described property:
EXHIBIT “A” All that tract or parcel of land lying containing 5.45 acres, more or less, lying and being Land Lot 101 of the Eighth Land District of Pike County, Georgia, and being more particularly shown and designated as Lot 2 containing 5.45 acres according to that certain plat of survey entitled “Final Plat for W Neal Bolton and Richard S. Martin” dated March 16, 1993, prepared by G. Tim Conkle, Georgia Registered Professional Land Surveyor of Conkle-Lane and Associates, a copy of which said plat is recorded in Plat Book 11, Page 190, Pike County, Georgia Superior Court Clerks Office, and which said plat together with the metes, bounds, coursed and distances as shown thereon with respect to the said Lot 2 containing 5.45 acres, is by this reference incorporated herein aid of this description as fully as if copied at length herein. MR/rao1 10/4/11 Our file no. 52496510 - FT4
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Guy Husak or a tenant or tenants and said property is more commonly known as 34 Loblolly Drive, Zebulon, Georgia 30295.
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.
Wells Fargo Bank, N.A., as Trustee for First Franklin Mortgage Loan Trust 2006-FFH1, Asset-Backed Certificates, Series FFH1 as Attorney in Fact for Guy Husak
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rao1 10/4/11
Our file no. 52496510-FT4
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