Legal 266
Notice of Intent to Incorporate
Notice is hereby given that Articles of Incorporation which will incorporate Prime Origin Corp. will be delivered to the Secretary of State for filing in accordance with the applicable provisions of the Georgia Business Corporation Code. The initial registered office of the Corporation is 1344 Arthur Rd., Zebulon, GA, its initial registered agent at such address is Joshua Blake.
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Legal 267
Notice
Georgia, Pike County
Probate Court
The petition of Peggy Ann Mills, for a year’s support from the estate of Richard Wayne Mills, Sr., 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 July 30, 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 with the court 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 270
Georgia
Spalding County
Notice to Debtors and Creditors
All creditors of the estate of Harry Cephus Davis 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 11th day of June, 2012.
/s/Christina Jo Davis Haddock
Administratrix
Eugene W. Dabbs IV
Attorney for Administratrix
P.O. Box 60
Griffin, Georgia 30224
770-229-1234
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Legal 260
CALL FOR SPECIAL ELECTION
GEORGIA, Pike COUNTY:
I, Lynn S. Brandenburg, SUPERINTENDENT OF ELECTIONS for the above State and County, DO HEREBY CERTIFY THAT:
WHEREAS, in the 2010 Georgia General Assembly, the House and Senate passed House Bill 277, known as the Transportation Investment Act of 2010, to provide 12 special tax districts across the State and to provide for a special district transportation sales and use tax in such special districts; and
WHEREAS, in accordance with Code Section 48-8-243 of the Transportation Investment Act of 2010, the Three Rivers special district Roundtable, of which Pike County is a part, officially approved a Final Investment List to be funded through the special district transportation sales and use tax; and
WHEREAS, the special one percent (1%) sales and use tax will not exceed a projected revenue generation amount of $947,047,315 for the Three Rivers special district, and shall not exceed ten (10) years in duration commencing January 1, 2013; and
WHEREAS, Seventy-Five percent (75%) of the projected revenue generation amount will fund the approved Final Investment List of the Three Rivers special tax district and Twenty-Five percent (25%) of the projected revenue generation amount will be directly distributed to the cities and counties of the Three Rivers special tax district by formula for local transportation uses; and
WHEREAS, the Three Rivers Roundtable has made a resolution to the Superintendents of Election of the Three Rivers special tax district, as specified in the Official Code of Georgia Annotated 48-8-244, to notify the election superintendent to issue the call for election for the purpose of submitting to the electors of the county the question of whether such sales and use tax shall be granted for approval or rejection; and
WHEREAS, in accordance with Code Section 48-8-244, the election results will be tabulated per district and if more than one-half of the votes cast throughout the special district are in favor of levying the tax, then the tax will be levied in said special district as specified; and
WHEREAS, the Final Investment List to be undertaken and completed utilizing 75% of the projected revenue generation amount in the Three Rivers special tax district are as follows:
RC04-000003 McDonough Road/ SR42 Intersection Realignment Butts County; RC04-000009 SR 16 Widening from I-75 to City of Jackson, Butts County; RC04-000011SR 36 at Fincherville Road Intersection Improvement, Butts County; RC04-000012 SR 36 at Yellow Water Creek Bridge 1 mi N of JCT SR 42, Butts County; RC04-000013SR 36 One-Way Pair in Jackson from Brownlee Road to Yellow Water Creek, Butts County. RC04-000018 Troup County Transit - Existing System Operating and Capital Assistance, Troup County. RC04-000021 Bowdon Bypass from GA Hwy 166 at Farmers High Rd to GA Hwy 166 west of Bowdon, Carroll County; RC04-000022 Bowdon-Tyus Road - Widen Shoulders, Carroll County; RC04-000023 Bridge Replacement on West Hickory Level Road over Little Tallapoosa River, Carroll County; RC04-000024 Burwell-Mount Zion Road - Add 2 feet of Asphalt and 2 feet of Dirt Shoulder, Carroll County; RC04-000025 Cedar Street Extension from SR 166 to Folds Road, Carroll County; RC04-000026 Centerpoint Road - Widening, Carroll County; RC04-000028 Expansion of West Georgia Regional Airport — O. V. Gray Field, Carroll County; RC04-000029 Hog Liver Road Widening and Bridge, Carroll County; RC04-000030 Hwy 61/Industrial Blvd - Operational Improvements, Carroll County; RC04-000031 Jones Mill Rd - Widen by 2 feet on each side, Carroll County; RC04-000032 Jones Mill Road Improvements - Add 2 feet of asphalt and 2 feet of dirt shoulder to each side, Carroll County; RC04-000033 Kilgore Road Extension to SR 166, Carroll County; RC04-000034 New Roadway from Garrett Creek Road at Dixson Road Intersection to Kent Avenue, Carroll County; RC04-000035 North Van Wert Road - Widening, Carroll County; RC04-000036 Old Newnan Road Improvements - Add 2 feet of asphalt and 2 feet of dirt shoulder to each side, Carroll County; RC04-000037 Sidewalks alongside Hwy 16, Carroll County; RC04-000038 South Carroll Road Widening Project, Carroll County; RC04-000039 South Van Wert Road - Widening, Carroll County; RC04-000040 SR 113 At-grade NSRR Rail Separation Project, Carroll County; RC04-000041 SR 113 Sidewalk Improvements, Carroll County; RC04-000042 SR 16 sidewalks in Mt. Zion, Carroll County; RC04-000043 SR 166 at Hays Mill Road — Intersection Improvements, Carroll County; RC04-000044 SR 166 at Blandenburg Road — Intersection Improvements, Carroll County; RC04-000045 SR 166 from CR 828/141 to Maple Street from 2 to 4 Lanes - Including Bridges, Carroll County; RC04-000046 Temple-Centerpoint Road - Widening, Carroll County; RC04-000047 Traffic Signalization Optimization Program, Carroll County; RC04-000048 Tyus-Carrollton Road - Widen 2 feet to each lane, Carroll County; RC04-000049 Villa Rica Bypass Extend W From Proposed SR 61 Bypass To SR 101, Carroll County; RC04-000050 Widen Burwell Road (Add 2 feet of asphalt and 2 feet of dirt shoulder) and Replace Existing Bridge, Carroll County; RC04-000051 Widen C.R. 826 (Five Points Rd) from S.R. 16 to Haralson County Line - Shoulder, Carroll County; RC04-000052, Widen Clem-Lowell Road - 2 ft Each Side, Carroll County; RC04-000053 Widen Kent Street from Tyus Road to GA Hwy 100, Carroll County; RC04-000054 Widening of Lowell Road, Carroll County; RC04-000055 Widening of Stockmar Rd and Intersection Improvements at SR 61/Dallas Hwy and Stockmar Rd, Carroll County; RC04-000056 Widening of Temple-Centerpoint Road -Add 2 feet of asphalt and 2 feet of shoulder to each side, Carroll County. RC04-000057 Amlajack Blvd. at I-85 Interchange (PE and ROW), Coweta County; RC04-000058 Amlajack Blvd. Extension, Coweta County; RC04-000060 Coweta County Transit-Existing System Operating and Capital Assistance, Coweta County; RC04-000061 Coweta County Transit-System Expansion Operating and Capital Assistance, Coweta County; RC04-000063 Five Points Intersection Improvements, Coweta County; RC04-000064 GRTA Regional Vanpool Service - Three Rivers Region, Coweta County; RC04-000068 Lower Fayetteville Road-Widening from 2 to 4 Lanes, Coweta County; RC04-000072 Newnan Coweta County Airport - Terminal Building and Site Preparation, Coweta County; RC04-000073 Newnan Coweta County Airport Improvements - Southeast Runway Improvements, Coweta County; RC04-000074 Newnan Crossing Blvd East-Widening from 2 to 4 Lanes, Coweta County; RC04-000075 Newnan SE Bypass Extension, Coweta County; RC04-000077 Poplar Road Interchange at I-85, Coweta County; RC04-000078 SR 154 Widening from SR 54 to SR 14/US 29, Coweta County; RC04-000080 SR 16 at SR 54 Roundabout, Coweta County; RC04-000081 SR 16 Widening from I-85 to SR 14 / US 29, Coweta County; RC04-000082 SR 16/SR 14 Intersection at Pine Road, Coweta County; RC04-000083, SR 34 at Amlajack Blvd. & Parkway North Improvement, Coweta County; RC04-000084 SR 34 Multi-Use Facility from Farmer Street to Lakeside Way, Coweta County; RC04-000085
SR 34 Multi-Use Facility, Coweta County; RC04-000087 SR 74/85 at Central of Georgia Railroad Bridge Widening, Coweta County; RC04-000088 Xpress Regional Commuter Service - Three Rivers Region, Coweta County. RC04-000089 Five Notch Road and Bridge Improvements from Nutt Rd to Hollingsworth Rd, Heard County; RC04-000090 Pearce Street Hwy 27 Intersection Improvements, Heard County; RC04-000091 Sidewalks along SR 100 from Bevis Rd to Heard High School, Heard County; RC04-000092 SR 34 and SR 100 Intersection Improvements, Heard County. RC04-000100 Luthersville Rd Lane Widening and Reconstruction, Meriwether County; RC04-000101 SR 85 Alt. at CSX RR Bridge Replacement in Warm Springs, Meriwether County. RC04-000102 County Farm Road Widening, Pike County; RC04-000103 Flat Shoals Road - Add 2`of pavement on each side, Add turn lanes at paved crossroads, Resurfacing Pike County; RC04-000104 Hollowville Road - Add 2` of pavement on each side, Add turn lanes at paved cross roads, Resurfacing, Pike County; RC04-000105 New Hope Road - Add 2`of pavement on each side, Add turn lanes at paved crossroads, Resurfacing, Pike County; RC04-000106 Williamson - Zebulon Road Widening, Pike County. RC04-000107 Commuter Rail (study) - Atlanta to Griffin - Spalding County, Spalding County; RC04-000108 County Line Road at Macon Road Intersection Improvements, Spalding County; RC04-000109 Experiment Street Multi-Use Path and Intersection Improvement Program, Spalding County; RC04-000110 Moreland Road Extension, Spalding County; RC04-000111 N. Expressway/Varsity Road Extension and Improvements, Spalding County; RC04-000112 N. Hill Street Bridge Reconstruction at Cabin Creek, Spalding County; RC04-000113 N. Hill Street Improvements, Spalding County; RC04-000114 N. Pine Hill Road/Henry Jackson Road Realignment, Spalding County; RC04-000115 New or Improved, Griffin-Spalding Airport, Spalding County; RC04-000116 S. McDonough Road at Johnston Road Intersection Improvement, Spalding County; RC04-000117 Solomon St/High Falls Rd/Searcy St/NS Intersection Reconstruction, Spalding County; RC04-000118 Spalding County Pedestrian Connector, Spalding County; RC04-000119 SR 155 Redesignation from Jackson Road to N. McDonough Road, Spalding County; RC04-000122 SR 3/US 19 Turn Lanes Addition at SR 16, Spalding County; RC04-000123 Teamon/School Rd at Old Atlanta Rd Intersection Reconstruction, Spalding County. RC04-000129 Hammett Road - Drainage, Shoulders, Sidewalks & Bike Lanes - Youngs Mill Rd to Prop. I-185 Connector, Troup County; RC04-000130 Highway 18 Widening Project to the Intersection of Hwy 103, Troup County; RC04-000143 SR 1/US 27 from I-185 to I-85 Widening & Reconstruction, Troup County; RC04-000145 SR14/SR109 Corridor Operational Improvements, Troup County; RC04-000146 SR 14 Spur (Davis Road) Realignment - On New Location between US 27/SR 1 and SR 219, Troup County; RC04-000147 SR 14/US 29 from CR 4031 Upper Glass Bridge to Old Vernon Road Widening and Reconstruction, Troup County; RC04-000148 SR 18 & O G Skinner Drive Intersection Signalization/Improvements, Troup County; RC04-000151 US 27/SR (Franklin Rd.) at US 29/SR 14 (Commerce Ave) Intersection Improvements, Troup County; RC04-000156 Widening and Reconstructing of SR 219 from SR 1/US 27 to South of SR 14 Spur (Pegasus Parkway), Troup County; RC04-000158, Widening and Reconstruction of SR 1/US 27, Troup County. RC04-000168 State Route 36 Widening Improvement, Upson County. RC04-000175 Pea Ridge Road Extension, Heard County. RC04-000176 Program/ Administration Fee. Region Wide
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME BY VIRTUE OF O.C.G.A. §48-8-244 AND O.C.G.A.§21-2-540, IT IS HEREBY ORDERED:
(1) That a call for a special one percent (1%) sales and use tax in the Three Rivers special tax district, of which Pike County is a part, in an amount not to exceed $947,047,315 and for a period of time not to exceed ten (10) years duration commencing January 1, 2013 subject to the approval of the voters of said special tax district is hereby issued.
(2) That said Special Election shall be held on July 31, 2012, between the hours of 7:00 a.m. and 7:00 p.m.; that all persons who are not registered to vote and who desire to register to vote in the special election may register to vote through the close of business on July 2, 2012.
(3) That the question to be put before the voters of Pike County, as part of the Three Rivers special tax district, shall be placed on the ballot and read as follows:
SAMPLE BALLOT
‘(YES) (NO)
Shall Pike County’s transportation system and the transportation network in this region and the state be improved by providing for a 1 percent special district transportation sales and use tax for the purpose of transportation projects and programs for a period of ten years?’
I hereunto set my hand and affix the seal of this office at the Pike County Courthouse, Zebulon, Georgia, this 23rd day of April, 2012.
Lynn S. Brandenburg
Superintendent of Elections
Pike County, Georgia
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Legal 271
Notice Of Sale Under Power
State Of Georgia
County Of Pike
By virtue of a Power of Sale contained in that certain Security Deed from David Huff to Wilshire Funding Corporation, a Delaware Corporation dba Wilshire Mortgage Corporation, dated June 9, 1998 and recorded in Deed Book 225, Page 234, in the Office of the Clerk of Superior Court of Pike County, Georgia, and re-recorded in Deed Book 231, Page 210, aforesaid records, said Security Deed having been given to secure a Note, dated June 9, 1998, in the original principal amount of Seventy One Thousand Four Hundred Forty Six and 71/100 Dollars ($71,446.71) with interest thereon as provided therein, having been last sold, assigned and transferred to U.S. Bank N.A., as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1999-2, 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 of August 2012 regarding the following described property:
All that tract or parcel of land containing 2.369 acres, more or less, lying and being in Land Lot 129 of the 8th Land District of Pike County, Georgia, and being more particularly shown and designated as 2.369 acres according to that certain Plat of Survey entitled “Property Survey for David Charles Huff”, dated July 16, 1998, prepared by Presley, Bernhard, Harp & Associates, Georgia Registered Professional Land Surveyors, a copy of which said plat is recorded in Plat Book 14, Page 365, 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 2.369 acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
Said property is commonly known as 263 Glover Rd., Zebulon, GA 30295.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is David Huff or tenant(s).
U.S. Bank N.A., as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1999-2
as Attorney-in-Fact for
David Huff
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
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Legal 272
Notice Of Sale Under Power
Georgia, Pike County
By virtue of the power of sale contained in a Security Deed from Jesse Landry to Mortgage Electronic Registration Systems Inc., (solely as nominee for Lender, as hereinafter defined, and Lender’s successors and assigns): Metro Finance dated April 16, 2008 recorded in Deed Book 758, Page 135-143 , Pike County Records, and last assigned to JPMorgan Chase Bank, National Association, conveying the after-described property to secure a Note in the original principal amount of one hundred seventy-eight thousand three hundred twenty-four and 00/100 ($178,324.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door of Pike County, Georgia, during the legal hours of sale on the first Tuesday, August 7, 2012 the following described property, to wit:
Land referred to in this commitment is described as all that certain property situated in the County of Pike, and State of GA and being described in a Deed dated 07/31/2007 and recorded 08/14/2007 in Book 717 Page 349 among the Land Records of the County and State set forth above, and referenced as follows:
All that lot, tract or parcel of land situate, lying and being in Land Lot 28 of the Second Land District of Pike County, Georgia, and being shown as Lot 25 in Hunter Estates on that plat of survey entitled, ìFinal Plat/Hunter Estatesî, and recorded in Plat Book 17, Pages 97-99, Pike County Records, which plat is incorporated herein by reference.
Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. Parcel No. 063 125
The Debt secured by said Security Deed has been and is hereby declared due because of nonpayment of the indebtedness when due and in the manner provided in the Note and Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of sale, as provided in the Security Deed and by law, including attorneyís fees, notice of intent to collect attorneyís fees having been given.
Said property will be sold subject to any outstanding ad valorem taxes, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property Jesse Landry and Deborah S. Smith or, a tenant or tenants, and said property was or is commonly known as 1002 Hunter Road, Williamson, GA 30292.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
JPMorgan Chase Bank, National Association
As Attorney in Fact for
Jesse Landry
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 11-11940
This law firm is acting as a debt collector, attempting to collect a debt. Any information obtained will be used for that purpose.
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Legal 273
State Of Georgia
County Of Pike
Notice Of Sale Under Power
Because of a default in the payment of the indebtedness secured by that certain Deed to Secure Debt, dated on or about June 27, 2008, executed by Estates At Hickory Ridge, L.P. to Darby Bank & Trust Co., recorded in Deed Book 761, Page 316, Pike County, Georgia deed or public records, as the same may have been renewed, amended, assigned, modified and/or extended from time to time, including but not limited to that modification recorded in Deed Book 834, Page 191, said records, and also recorded in Deed Book 1155, Page 14, Upson County, Georgia deed or public records, as the same may have been renewed, amended, assigned, modified and/or extended from time to time, including but not limited to that modification recorded in Deed Book 1234, Page 94, Upson County, Georgia records (hereinafter, said security deed, as renewed, amended, assigned, modified and/or extended from time to time, is referred to as the “Security Deed”), and securing a promissory note dated on or about June 2, 2010, in the original principal amount of approximately $5,595,918.82, more or less (hereinafter, said note, as the same may have been renewed, amended, assigned, modified and/or extended from time to time, is referred to collectively as the “Note”), Ameris Bank, by virtue of an assignment from the Federal Deposit Insurance Corporation, as Receiver of the business and property of Darby Bank & Trust Co., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the said note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in August, 2012, to-wit: August 7, 2012, during the legal hours of sale, before the UPSON COUNTY Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
TRACT NO. 1: All that tract or parcel of land, together with all improvements thereon, containing 317.35 acres, more or less, situate, lying and being in Land Lots Nos. 1 and 32 of the 9th Land District and in Land Lot No. 241 of the 8th Land District of Pike County, Georgia, being more particularly described on that certain plat of survey dated October 27, 1975, prepared by J. Harold Smith, Registered Land Surveyor, and of record in Plat Book 6, page 233, in the Office of the Clerk of the Superior Court of Pike County, Georgia, which said plat, including me boundaries, metes, courses and distances of said real estate as shown and delineated thereon is by this reference incorporated herein in aid of this description.
LESS AND EXCEPT that certain 18.915 acres as described in deed of record in Deed Book 161, page 13, in the Office of the Clerk of the Superior Court of Pike County, Georgia, which said deed and the description contained therein is by this reference incorporated herein in aid of this description.
TRACT NO. 2: All that tract or parcel of land, together with all improvements thereon, containing 450.751 acres, more or less, situate, lying and being on the northerly side of Thompson Road in Land Lots Nos. 239, 240, 271 and 272 of the 10th Land District of Upson County, Georgia, and Land Lot No. 240 of the 8th Land District of Pike County, Georgia, and being more particularly described according to that certain plat of survey prepared by Marvin Douglas Gordon, Jr., Registered Land Surveyor, dated September 22, 2005, revised November 14, 2005, as follows, to-wit: Begin at an iron pin located at me southeast corner of Land Lot No. 239 of the 10th Land District of Upson County, Georgia, and from said point run thence south 88 degrees 53 minutes 37 seconds west a distance of 1,814.43 feet to an iron pin; run thence south 08 degrees 29 minutes 17 seconds east a distance of 1,501.95 feet to an iron pin; run thence south 89 degrees 17 minutes 18 seconds west a distance of 1,336.97 feet to an iron pin; run thence south 00 degrees 44 minutes 42 seconds east a distance of 609.99 feet to an iron pin; run thence south 00 degrees 44 minutes 42 seconds east a distance of 420.09 feet to an iron pin; run thence north 88 degrees 11 minutes 14 seconds east a distance of 214.26 feet to an iron pin; run thence south 00 degrees 58 minutes 30 seconds east a distance of 75.96 feet to a point; run thence south 00 degrees 58 minutes 30 seconds east a distance of 209.41 feet to an iron pin; run thence south 25 degrees 28 minutes 25 seconds east a distance of 114.42 feet lo an iron pin located on the northerly right of way line of Thompson Road; run thence along the right of way of said road north 88 degrees 24 minutes 55 seconds west a distance of 101.71 feet, north 88 degrees 24 minutes 55 seconds west a distance of 11.40 feet, south 89 degrees 40 minutes 48 seconds west a distance of 74.83 feet, south 88 degrees 45 minutes 02 seconds west a distance of 75.18 feet, south 87 degrees 57 minutes 56 seconds west a distance of 107.90 feet, south 87 degrees 24 minutes 30 seconds west a distance of 101.68 feet, south 85 degrees 38 minutes 00 seconds west a distance of 539.30 feet to an iron pin; thence leaving said right of way and running north 00 degrees 47 minutes 07 seconds west a distance of 2,740.65 feet to a point; run thence north 51 degrees 34 minutes 06 seconds west a distance of 252.91 feet to a point; run thence south 77 degrees 38 minutes 53 seconds west a distance of 589.50 feet to an iron pin; run thence north 00 degrees 39 minutes 57 seconds west a distance of 188.81 feet to an iron pin; run thence north 01 degree 56 minutes 52 seconds west a distance of 2,150.94 feet to an ion pin; run thence north 01 degree 57 minutes 13 seconds west a distance of 220.68 feet to an iron pin; run thence north 01 degree 57 minutes 05 seconds west a distance 225.00 feet to an iron pin; run thence north 01 degree 57 minutes 05 seconds west a distance of 319.96 feet to an iron pin: run thence north 88 degrees 56 minutes 53 seconds east a distance of 1,618.66 feet, more or less, to an iron pin located at the southwest corner of Land Lot No. 240 of the 8th Land District of Pike County, Georgia; run thence into Pike County north 1 degree 02 minutes 45 seconds west a distance of 1,576.38 feet to an iron pin; run thence north 88 degrees 58 minutes 05 seconds east a distance of 1,465.95 feet to an iron pin; run thence south 01 degree 05 minutes 32 seconds east a distance of 1,489.88 feet to an iron pin; run thence north 88 degrees 53 minutes 20 seconds east a distance of 1,441.02 feet to an iron pipe located at the northeast corner of said Land Lot No. 239 of the 10th Land District of Upson County, Georgia; and run thence south 00 degrees 53 minutes 29 seconds east a distance of 2,955.60 feet to the point of beginning,
(a) LESS AND EXCEPT all that tract or parcel of land, situate, lying and being in Land Lot 239 of the 10th Land District of Upson County, Georgia, being known and designated as Lot No. 43, Phase No. 1 of Hickory Ridge Subdivision as shown on a plat of said subdivision of record in Plat Book 22, pages 191-198, Clerk’s Office, Upson Superior Court. The said plat and the record thereof are incorporated herein by reference for all purposes.
(b) LESS AND EXCEPT all that tract or parcel of land, together with all improvements thereon, containing 162.39 acres, situate, lying and being in Land Lot Nos. 239, 240, 271 and 272 of the 10th Land District of Upson County, Georgia, shown and designated as Tracts “A”, “B”, “C”, “D”, and “E” on that certain plat of survey thereof entitled “Survey of Hickory Ridge Golf Course”, dated March 1, 2001, prepared by Steve J. Reeves, Registered Land Surveyor, recorded in Plat Record 25, page 140, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein in aid of this description.
(c) LESS AND EXCEPT all that tract or parcel of land, together with all improvements thereon, containing 6.4 acres, situate, lying and being in Land Lot Nos. 239, 240, 271 and 272 of the 10th Land District of Upson County, Georgia, shown ad designated as Tract “A” and “B” on that certain plat of survey thereof entitled “Survey of Cedars & Pines, LLC”, dated April 3,2001, prepared by Steve J. Reeves. Registered Land Surveyor, recorded in Plat Record 25, page 139, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein in aid of this description.
(d) LESS AND EXCEPT all those tracts or parcels of land, together with all improvements thereon, shown and designated as Lots Nos. 27, 15, 16, 32, 34 and 5 in Hickory Ridge Subdivision as described in that certain deed of record in Deed Book 853, page 164, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said deed and the description contained therein is by this reference incorporated herein and in aid of this description.
(e) LESS AND EXCEPT that portion of Hickory Ridge Drive and Trent Jones Circle which was conveyed to Upson County, Georgia by deed of record in Deed Book 791, page 154, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said deed and the description contained therein is by this reference incorporated herein in aid of his description.
(f) LESS AND EXCEPT all those tracts or parcels of land, together with all improvements thereon, shown and designated as Lots Nos. 1, 2, 3, 4 and 64 in Hickory Ridge Subdivision as described in that certain deed of record in Deed Book 944, page 36, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said deed and the description contained therein is by this reference incorporated herein in aid of this description.
(g) LESS AND EXCEPT all that tract or parcel of land, together with all improvements thereon, shown and designated as Lot No. 5A in Hickory Ridge Subdivision in that certain deed of record in Deed Book 869, page 106, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said deed and the description contained therein is by this reference incorporated herein in aid of this description.
(h) LESS AND EXCEPT all that tract or parcel of land, together with all improvements thereon, shown and designated as Lot No. 4A in Hickory Ridge Subdivision in that certain deed of record in Deed Book 944, page 41, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said deed and the description contained therein is by this reference incorporated herein in aid of this description.
TRACT NO. 3: All of the following described tracts of real estate, to-wit:
(a) All that tract or parcel of land, consisting of 58.63 acres, together with all improvements located thereon, situate, lying and being In Land Lots Nos. 228, 229 and 249 of the 10th Land District of Upson County, Georgia, designated as Tract 2 and being mare particularly shown on that certain plat of survey entitled, “Compiled Plat For: Wiregrass Homebuilders, Inc. & Three Rivers Housing Foundations, Inc.”, dated December 26, 2001, prepared by S. J, Reeves & Associates, Inc., Registered Professional Land Surveyors, of record in Plat Book 26, pep 34, Clerk’s Office, Superior Court, Upson County, Georgia, and having such size, shape, location, metes, bounds, courses and distances as shown on said plat of survey which by reference is incorporated into and made a part of this description as fully and completely as if copied at length herein.
LESS AND EXCEPT that certain 0.083 acre for the City of Thomaston Lift Station more completely shown on that certain plat of survey entitled “Plat for B.F. Goodrich Company”, dated September 13, 1986, prepared by Gary F. Self, Registered Land Surveyor, plat of survey number 104-01-114-15 and of record in Plat Book 12, page 55, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon is by this reference incorporated herein in and of this description.
(b) All that tract or parcel of land, consisting of 30.64 acres, together with all improvements located thereon, situate, lying and being in Land Lots 228, 229 and 248 of the 10th Land District of Upson County, Georgia, designated as Tract 1 and being more particularly shown on that certain plat of survey entitled “Compiled Plat For: Wiregrass Homebuilders, Inc. & Three Rivers Housing Foundations, Inc.”, dated December 28, 2001, prepared by S.J. Reeves & Associates, Inc., Registered Professional Land Surveyors, of record in Plat Book 26, page 34, Clerk’s Office, Superior Court, Upson County, Georgia, and having such size, shape, location, metes, bounds, courses and distances as shown on said plat of survey which by reference is incorporated into and made a part of this description as fully and completely as if copied at length herein.
LESS AND EXCEPT the following seven (7) parcels of land:
Lot #1 - All that tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ feet from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 669.96 feet to the beginning of a curve tangent to said line; thence northeasterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 feet and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line; thence southeasterly a distance of 41.14 feet along the curve concave to the northeast, having a radius of 175.00 feet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 67 degrees 12 minutes 23 seconds east, a distance of 5.93 feet to the true point of beginning; thence from said Point of Beginning north 67 degrees 12 minutes 23 seconds east, a distance of 175.93 feet; thence south 60 degrees 23 minutes 44 seconds east, a distance of 72.58 feet; thence south 32 degrees 13 minutes 24 seconds west, a distance of 146.44 feet to a point of cusp on a curve concave to the southwest having a radius of 2030.00 feet and a central angle of 0 degree 29 minutes 42 seconds and being subtended by a chord which bears north 57 degrees 56 minutes 04 seconds west 17.54 feet; thence northwesterly along said curve, a distance of 17.54 feet; thence north 58 degrees 10 minutes 65 seconds west tangent to said curve, a distance of 149.01 feet to the beginning of a curve tangent to said line; thence northwesterly a distance of 6.82 feet along the curve concave to the northeast, having a radius of 170.00 feet and a central angle of 2 degrees 17 minutes 58 seconds to the Point of Beginning. Containing 0.41 acres, more or less.
Lot #2 - All that certain tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 669.96 feet lo the beginning of a curve tangent to said line; thence northeasterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 feet and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line; thence southeasterly distance of 41.14 feet along the curve concave to the northeast, having a radius of 175.00 fet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 67 degrees 12 minutes 23 seconds east, a distance of 5.93 feet to the southwest corner of Lot 1; thence along the right-of-way of North Goodrich Avenue 166.55 feet to the southeast corner of Lot 1 and the true Point of Beginning; thence from said Point of Beginning north 32 degrees 13 minutes 24 seconds east, a distance of 146.44 feet; thence south 60 degrees 23 minutes 44 seconds east, a distance of 76.08 feet; thence north 32 degrees 13 minutes 24 seconds west, a distance of 151.13 feet; thence north 58 degrees 35 minutes 03 seconds west, a distance of 36.94 feet to the beginning of a curve tangent to said line; thence northwesterly a distance of 39.07 feet along the curve concave to the southwest, having a radius of 2030.00 feet and a central angle of 1 degree 06 minutes 09 seconds to the Point of Beginning. Containing 0.26 acres, more or less.
Lot #3 - All that certain tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 669.96 feet to the beginning of a curve tangent to said line; thence northeasterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 feet and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line; thence southeasterly a distance of 41.14 feet along the curve concave to the northeast, having a radius of 175.00 feet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 67 degrees 12 minutes 23 seconds east, a distance of 5.93 feet to the southwest corner of Lot 1; thence along the right-of-way of North Goodrich Avenue 242.56 feet to southeast corner of Lot 2 and the true Point of Beginning; thence from said Point of Beginning north 32 degrees 13 minutes 24 seconds east, a distance of 151.13 feet; thence south 60 degrees 23 minutes 44 seconds east, a distance of 76.08 feet; thence south 32 degrees 13 minutes 24 seconds west, a distance of 156.46 feet to a point of cusp on a curve concave to the southwest having a radius of 1010.00 feet and a central angle of 1 degree 19 minutes 48 seconds and being subtended by a chord which bears north 55 degrees 55 minutes 10 seconds west 23.44 feet; thence northwesterly along said curve, a distance of 23.44 feet: thence north 56 degrees 35 minutes 03 seconds west tangent to said curve, a distance of 52.58 feet to the Point of Beginning. Containing 0.27 acres, more or less.
Lot #4 - All that certain tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 669.96 feet to the beginning of a curve tangent to said line: thence northwesterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 feet and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line; thence southeasterly a distance of 41.14 feet along the curve concave to the northeast, having a radius of 175.00 feet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 87 degrees 12 minutes 23 seconds east, a distance of 5.93 feet lo the southwest corner of Lot 1; thence along the right-of-way of North Goodrich Avenue 318.58 feet to the southeast corner of Lot 3 and the true Point of Beginning; thence from said Point north 32 degrees 13 minutes 24 seconds east, a distance of 156.46 feet; thence south 60 degrees 23 minutes 44 seconds east, a distance of 76.41 feet; thence south 28 degrees 53 minutes 57 seconds west, a distance of 167.82 feet; thence north 51 degrees 08 minutes 05 seconds west, a distance of 13.77 feet to the beginning of a curve tangent to said line; thence northwesterly a distance of 72.62 feet along the curve concave to the southwest having a radius of 1010.00 feet and a central angle of 4 degrees 07 minutes 11 seconds to the Point of Beginning. Containing 0.30 acres, more or less.
Lot #5 - All that certain tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 689.96 feet to the beginning of a curve tangent to said line; thence northeasterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 led and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line: thence southeasterly a distance of 41.14 feet along the curve concave to the northeast, having a radius, of 175.00 feet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 67 degrees 12 minutes 23 seconds east, a distance of 5.93 feet to the southwest corner of Lot 1; thence along the right-of-way of North Goodrich Avenue 318.58 feet to the southeast corner of Lot 4 and the true Point of Beginning; thence from said Point north 28 degrees 53 minutes 57 seconds east, a distance of 167.62 feet; thence south 60 degrees 23 minutes 44 seconds east, a distance of 66.62 feet; thence south 19 degrees 03 minutes 49 seconds west, a distance of 186.86 feet; thence north 51 degrees 08 minutes 05 seconds west, a distance of 100.04 feet to the Point of Beginning. Containing 0.33 acres, more or less.
Lot #6 - All that certain tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 669.96 feet to the beginning of a curve tangent to said line: thence northeasterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 feet and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line: thence southeasterly a distance of 41.14 feet along the curve concave to the northeast, having a radius of 175.00 feet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 67 degrees 12 minutes 23 seconds east, a distance of 5.93 feet to the southwest corner of Lot 1; thence along the right-of-way of North Goodrich Avenue 558.15 feet to the southwest corner of Lot 6 and the True Point of Beginning: thence from said Point of Beginning north 19 degrees 03 minutes 49 seconds east, a distance of 130.54 feet; thence south 70 degrees 48 minutes 04 seconds east, a distance of 87.91 feet; thence south 15 degrees 27 minutes 07 seconds west, a distance of 178.20 feet to a point of cusp on a curve concave to the southwest having a radius of 440.00 feet and a central angle of 12 degrees 54 minutes 32 seconds and being subtended by a chord which bears north 44 degrees 40 minutes49 seconds west 98.92 feet; thence northwesterly along said curve, a distance of 99.13 feet; thence north 51 degrees 08 minutes 05 seconds west tangent to said curve, a distance of 11.07 feet to the Point of Beginning. Containing 0.32 acres, more or less.
Lot #7 - All that certain tract or parcel of land, situate, lying and being in the City of Thomaston and commencing at the intersection of the right-of-way of Hannah’s Mill Road (said R/W being 40’ from the center line) and the right-of-way of North Goodrich Avenue (said R/W being 30’ from the center line); thence north 58 degrees 14 minutes 39 seconds east, a distance of 669.96 feet to the beginning of a curve tangent to said line: thence northeasterly, easterly and southeasterly a distance of 112.26 feet along the curve concave to the south, having a radius of 80.00 feet and a central angle of 80 degrees 24 minutes 05 seconds; thence south 41 degrees 21 minutes 16 seconds east tangent to said curve, a distance of 166.26 feet to the beginning of a curve tangent to said line; thence southeasterly a distance of 41.14 feet along the curve concave to the northeast, having a radius of 175.00 feet and a central angle of 13 degrees 28 minutes 06 seconds; thence north 67 degrees 12 minutes 23 seconds east, a distance of 5.93 feet to the southwest corner of Lot 1; thence along the right-of-way of North Goodrich Avenue 668.35 feet to the southeast corner of Lot 6 and the true Point of Beginning; thence from said Point of Beginning north 15 degrees 27 minutes 07 seconds east, a distance of 178.20 feet; thence south 70 degrees 48 minutes 04 seconds east, a distance of 94.82 feet; thence south 16 degrees 07 minutes 07 seconds west, a distance of 20.71 feet; thence south 11 degrees 42 minutes 02 seconds west, a distance of 242.12 feet; thence north 35 degrees 02 minutes 23 seconds west, a distance of 118.31 feet to the beginning of a curve tangent to said line; thence northwesterly a distance of 24.47 feet along the curve concave to the southwest, having a radius of 440.00 feet and a central angle of 3 degrees 11 minutes 10 seconds to the Point of Beginning. Containing 0.51 acres, more or less.
TRACT NO. 4: All of the following described tracts of real estate, to-wit:
(a) All that tract or parcel of land, together with all improvements thereon, containing 162.39 acres, situate, lying and being in Land Lot Nos. 239, 240, 271 and 272 of the 10th Land District of Upson County, Georgia, shown and designated as Tracts “A”, “B”, “C”, “D”, and “E” on that certain plat of survey thereof entitled “Survey of Hickory Ridge Golf Course”, dated March 1, 2001, prepared by Steve J. Reeves, Registered Land Surveyor, recorded in Plat Record 25, page 140, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein in aid of this description,
LESS AND EXCEPT the property described In that certain quitclaim deed from The Cedars and The Pines, LLC, to H R Estates, LLC, of record in Deed Book 930, page 159, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said deed and the description contained therein is by this reference incorporated herein in aid of this description.
(b) All that tract or parcel of land, together with all improvements thereon, containing 6.4 acres, situate, lying and being in Land Lot Nos. 239, 240, 271 and 272 of the 10th Land District of Upson County, Georgia, shown and designated as Tracts “A” and “B” on that certain plat of survey thereof entitled “Survey of Cedars & Pines, LLC”, dated April 3, 2001, prepared by Steve J. Reeves, Registered Land Surveyor, recorded in Plat Record 25, page 139, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries. metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein in aid of this description.
It is understood and agreed by the parties that the real properties described above as “TRACT NO. 2” are inclusive of the tracts, lots and parcels described in that certain Warranty Deed from Hickory Ridge Acquisition Group, L.L.C. to Hickory Ridge Development Group, L.L.C., dated July 12, 2006, of record in Deed Book 1055, Page 46, said Clerk’s Office.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the said security deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and/or inspection of the real property, and all matters of or in the public records and applicable to the said real property, including but not limited to any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and other matters of record, and including but not limited to those superior to the security deed first set out above.
To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the said security deed may determine.
Upon information and belief, said real property is presently in the possession or control of ESTATES AT HICKORY RIDGE, L.P. and/or persons or entities occupying said real property as tenants or lessees thereof and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said security deed and the excess proceeds, if any, will be distributed as provided by law.
The real property covered by the Security Deed is located in both Upson County, Georgia and Pike County, Georgia. Most or a substantial part of the real property covered by the Security Deed is located in Upson County, Georgia. The Security Deed was recorded in both Upson County, Georgia and Pike County, Georgia. This notice of sale is being advertised in the official legal organs in both Upson County, Georgia and Pike County, Georgia, and the notice of sale advertised in each such county expressly states that the subject foreclosure sale will be conducted only before the UPSON COUNTY Courthouse door. Notice is again provided that the foreclosure sale to be conducted under this notice will be conducted only before the UPSON COUNTY Courthouse door.
Ameris Bank
as Attorney-in-Fact for
Estates At Hickory Ridge, L.P.
Ellis, Painter, Ratterree
& Adams LLP
2 East Bryan Street, Tenth Floor
Savannah, Georgia 31401
(912) 233-9700
This law firm is attempting to collect a debt on behalf of the above-referenced lender and any information will be used for that purpose.
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Legal 274
Notice Of Sale Under Power,
Pike County
Pursuant to the Power of Sale contained in a Security Deed given by Tammy J Cox and Timothy C Cox to Mortgage Electronic Registration Systems, Inc. as nominee for United Mortgage Associates, Inc. dated 3/21/2007 and recorded in Deed Book 696 Page 321, PIKE County, Georgia records; as last transferred to Wells Fargo Bank, 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 $ 182,043.00, 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 August, 2012 (August 07, 2012), the following described property:
All that lot, tract or parcel of land situate lying and being in Land Lot 245 of the First Land District of Pike County, Georgia, being more particularly shown and designated as AREA 5.29 +/- as shown on a plat of survey entitled Compiled Plat for William Carlton Lehsten, Jr., prepared by Harper & Associates, Inc., Registered Land Surveyors, dated June 8, 2001, Pike County, Georgia, a copy of which said plat is recorded in Plat Book 19, Page 153, Pike County, Georgia records, and which plat is incorporated herein and made a part of this legal description.
The above described property, along with dwelling located thereon, being known and designated as 668 Pedenville Road, Concord, Georgia.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to 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 668 Pedenville Road, Concord, GA 30206 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): Tammy J Cox and Timothy C Cox or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Tammy J Cox and Timothy C Cox
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. 1000-6672834
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Legal 276
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 Charles Kenneth Treadway, Jr. and Melissa Ann Treadway to Mortgage Electronic Registration Systems, Inc. dated January 31, 2006, and recorded in Deed Book 633, Page 20, Pike County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-HE4 by Assignment, securing a Note in the original principal amount of $132,000.00, 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, August 7, 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 211 of the 9th Land District of Pike County, Georgia and shown and designated as Lot 10 on plat of survey entitled Final Plat Piney Woods, prepared by Steve J. Reeves, RLS, and recorded in Plat Book 23, Page 24, Pike County Superior Court Records. Said plat together with the metes, bounds, courses and distances shown thereon is incorporated herein and made a part hereof by reference.
Said property is known as 400 New Hebron Church Road, Concord, GA 30206, 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 Charles Kenneth Treadway and Melissa Ann Treadway 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.
Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-HE4 as Attorney-in-Fact for Charles Kenneth Treadway, Jr. and Melissa Ann Treadway
File no. 07-2165
Shapiro & Swertfeger, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd.,
Duke Building, Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/kb
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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