State of Georgia, County of Lamar
All creditors of the estate of Mary Zotti, deceased, late of Lamar 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 18th day of Feb., 2011.
Margie B. Brinkley, Executrix, 102 Swatts Street, Barnesville, GA 30204.
(2-22)(4)(p)gpn
State of Georgia, County of Lamar
All creditors of the estate of Exie Jewell Turner, deceased, late of Lamar 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 10th day of Feb., 2011.
Kitty L. Gilbert and Lynn B. Kelley, Personal Representative, 182 Rock Springs Road, Milner, Ga. 30257.
(2-15)(4)(p)gpn
Notice, Georgia, Lamar County Probate Court
To: (any heir whose current address is unknown) All Interested Persons
Denise Bernard has petitioned to be appointed Administratrix of the estate of Dana Carr Kendrick, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 7, 2011. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be held on a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Lamar County Courthouse, Barnesville, GA 30204, 770-358-5155. (2-8)(4)(p)gpn10
State of Georgia, County of Lamar
All creditors of the estate of Winnie Hammond Henley Gibson, deceased, late of Lamar 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 27th day of Jan., 2011.
/s/Glenn Roman Henley, Personal Representative, 502 Atlanta Street, Lot 5, Barnesville, GA 30204 (2-1)(4)(p)gpn10
State of Georgia, County of Lamar
All creditors of the estate of Doris F. Sims, deceased, late of Lamar 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 21st day of Jan., 2011.
/s/Executor: Karen Christine Sims Robbins
William D. Lindsey, Attorney at Law, 342 College Drive, Barnesville, GA 30204, Ph: 770-358-1188 (2-1)(4)(p)gpn10
Notice to Debtors and Creditors, State of Georgia, County of Lamar
All creditors of the Estate of Dorothy M. Cain, deceased, late of Lamar County, Georgia, are hereby notified to render in their demands by filing same with the Probate Court of Lamar County, Lamar County Courthouse, 326 Thomaston Street, Barnesville, Georgia 30204, according to law, and all persons indebted to said Estate are required to make immediate payment to the undersigned.
L. Scott Mayfield, Administrator of the Estate of Dorothy M. Cain
L. Scott Mayfield, Attorney at Law, Smith, Welch & Brittain, LLP, 404 Thomaston Street, Barnesville, GA 30204
(2-1)(4)(p)(ts)(aff)gpn17
Notice of Sale Under Power, Lamar County
Pursuant to the Power of Sale contained in a Security Deed given by Nathan K. Adkerson to Mortgage Electronic Registration Systems Inc as nominee for Opteum Mortgage, a division of Metrocities Mortgage, LLC dated 8/29/2008 and recorded in Deed Book 680 Page 269, Lamar County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Lamar County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 103,882.00, 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 Lamar County, Georgia, within the legal hours of sale on the first Tuesday in March, 2011 (March 1, 2011), the following described property:
All that tract or parcel of land lying and being in Land Lot 21 of the 7th District of Lamar County, Georgia, lying on the western side of Berry Road, and being more particularly described as Tract 8a. containing 2.06 acres as shown on plat of survey entitled “Survey For Brac Development, LLC, prepared by Neal L. Benefield, registered land surveyor no. 2618, dated October 17, 2005, recorded in Plat Book 15, Page 250, Lamar County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
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 178 Berry Road, Barnesville, Georgia 30204 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): Nathan K Adkerson and Dana Holcomb 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 Nathan K Adkerson
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. 1000-5498
(2-4)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power. State of Georgia, County of Lamar.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Sheria D. Butler and AKA Sheria Butler to JP Morgan Chase Bank, N.A. , dated 02/19/2008, and Recorded on 02/26/2008 as Book No. 659 and Page No. 334-343, Lamar County, Georgia records, as last assigned 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 $65,569.00, 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 Lamar County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
All that tract or parcel of land lying and being in the Barnesville Militia District of Lamar County, Georgia, and being Lot Nos. 7 and 8 in Block B of the West End Subdivision. Said lots fronting 50 feet each on the west side of Johnson Street and running back to a depth of 168 feet, said lots being more fully shown on a plat of said West End Subdivision which plat was made by F.B. West, Jr., dated August 6, 1946 and recorded in Plat Book 1, Page 309, Clerk’s Office, Superior Court, Lamar County, Georgia.
This being the same property described in a Warranty Deed from Patricia Ann Sealock Wilson to Wanda Harper Grover and Anna Monta Jackson, dated March 22, 2005, and recorded in Deed Book 516, Page 130, Clerk’s Office, Superior Court, Lamar County, Georgia.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 112 Johnson Street, Barnesville, Georgia, 30204 is/are: Sheria D. Butler and AKA Sheria Butler 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.
Chase Home Finance, LLC as Attorney in Fact for Sheria D. Butler and AKA Sheria Butler.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20100187437782
Barrett, Daffin & Frappier, L.L.P. 4004 Beltline, Building 2, Suite 100, Addison, Texas 75001-4417, Telephone: (972) 341-5398.
(2-1)(4)(p)(ts)(aff)(gpn11)
Notice of Sale Under Power, Georgia, Lamar 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 Gregory D. Carter and Catina M. Carter to America’s Wholesale Lender, dated April 5, 2000, recorded in Deed Book 293, Page 194, Lamar County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of Ninety Thousand Six Hundred and 0/100 dollars ($90,600.00), 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 Lamar County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lot 33 of the 7th District of Lamar County, Georgia, being 2.00 acres, and being more particularly described as follows: Beginning at an iron pin located on the southerly right of way line of Liberty Hill Road, which iron pin is located 36.5 feet east of the intersection of the said right of way line of Liberty Hill Road with the easterly right of way of Lawrence Road (as measured along the said right of way line of Liberty Hill Road), thence along the southerly right of way line of Liberty Hill Road North 80 degrees 55 minutes 43 seconds east 77.28 feet to an iron pin; thence North 74 degrees 13 minutes 44 seconds east 89.45 feet to an iron pin; thence North 72 degrees 38 minutes 32 seconds east 56.44 feet to an iron pin; thence South 05 degrees 35 minutes 39 seconds west 342.56 feet to an iron pin; thence South 90 degrees 00 minutes 00 seconds west 292.56 feet to an iron pin; thence North 05 degrees 06 minutes 07 seconds east 262.52 feet to an iron pin located on the south right of way line of Liberty Hill Road and the True Point of Beginning.
MR/cj 3/1/11 Our file no. 53507510 - FT10
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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Gregory D. Carter and Catina M. Carter or a tenant or tenants and said property is more commonly known as 367 Liberty Hill Road, Milner, Georgia 30257. 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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Gregory D. Carter and Catina M. Carter
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net
MR/cj 3/1/11 Our file no. 53507510-FT10
(2-1)(4)(p)(ts)(aff)(gpn11)
Notice of Sale Under Power, Georgia, Lamar County
By virtue of a Power of Sale contained in that certain Security Deed from Linda Conkle to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Ratestar, Inc., dated January 17, 2005, recorded February 3, 2005, in Deed Book 510, Page 100-114, Lamar County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Seventy-Three Thousand Two Hundred and 00/100 dollars ($173,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in March, 2011, all property described in said Security Deed including but not limited to the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 91 of the 7th Land District of Lamar County, Georgia, and being Tract 6 containing 5.856 acres as are more particularly described upon a certain plat of survey entitled “Plat for Southern Timber Company”, prepared by Charles L. Moore & Gary Fred Self, dated April 29,1990, a copy of which said plat is recorded in Plat Book 11, Page 85, Lamar County Superior Court Records. Said plat together with the metes, bounds, courses and distances shown thereon is incorporated herein by reference and made a part hereof as fully as if set out herein. Located on the above described property is a dwelling known and designated as 205 Howard Road, Barnesville, Georgia.
TAX ID# 046-034
Said property is commonly known as 205 Howard Road, Barnesville, GA 30204.
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 attorneys’ 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 to said property: all 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; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 Linda Conkle, Linda Conkle, or tenants(s).
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. The below law firm may be held to be acting as a debt collector, under federal law. If so, any information obtained will be used for that purpose.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP as Attorney in Fact for Linda Conkle
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070, Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 400, Norcross, GA 30092, Telephone Number: (888) 890-5309
Case No. BAC-A09-05266-3
(2-1)(4)(ts)(aff)(p)gpn11
Notice of Sale Under Power, State of Georgia, County of Lamar
By virtue of the power of sale contained in a Security Deed from Alneika Crawford, to Mortgage Electronic Registration Systems, Inc., dated July 29, 2009, and recorded in Deed Book 711, Page 205, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”)by assignment to be recorded, Lamar County, Georgia records, there will be sold at public outcry for cash to the highest bidder before the courthouse doors of said county during the legal hours of sale on the first Tuesday in March, 2011, by BB&T, as Attorney-in-Fact for Alneika Crawford, the following described property, to-wit:
All that tract or parcel of land lying and being in Land Lot 31 of the 7th District, Lamar County, Georgia, being Lot 43, of Fieldcrest Subdivision, as per plat thereof recorded in Plat Book 15, pages 329-333, Lamar County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
The indebtedness secured by said Security Deed having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney’s fees, notice of intention to collect attorney’s fees having been given as provided by law.
Tim Mobley, phone number 864-242-9577, Ext. 29577, Chasity Cox, phone number 864-242-8403, Ext. 28403 and Kade Herrick, phone number 864-242-8721, Ext. 28721, are the names of the individuals at BB&T who have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and their address is BB&T, 301 College Street, Greenville, South Carolina 29601.
The property will be sold as the property of Alneika Crawford subject to the following: (1) all prior restrictive covenants, easements, right-of-ways, or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) all outstanding taxes, assessments, unpaid bills, charges and expenses that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the Security Deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Alneika Crawford, a tenant or tenants, or parties claiming under the aforementioned and said property is more commonly known as 118 Belleflower Way, Milner, Georgia 30257.
Branch Banking & Trust Co. as Attorney in Fact for Alneika Crawford
Gregory M. Eells, Attorney at Law
Eells Law Group, LLC, Suite 181 - The Oglethorpe Bldg., 2971 Flowers Road South, Atlanta, Georgia 30341, (770) 455-3660
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(2-4)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power, Georgia, Lamar 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 Joan Chastain to First Franklin Financial Corporation, dated March 21, 2003, recorded in Deed Book 412, Page 1, Lamar County, Georgia Records, as last transferred to FV-1, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Ten Thousand Three Hundred Twenty And 0/100 Dollars ($110,320.00), 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 Lamar County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Barnesville, Lamar County, Georgia, lying on the southeastern side of Redbud Drive, together with all improvements thereon, and being more particularly described as Lot No. 3 in Block “B” as shown upon a certain plat of survey entitled “Survey for John A. Meeks” by J. Wayne Proctor, Sr., GA. RLS No. 1328, dated October 16, 1973, as revised February 28, 1974, and recorded in Plat Book 6, Page 302, in the Office of the Clerk of Superior Court of Lamar County, Georgia.
Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully herein. This is the same property which was conveyed unto Tommy M. Evans & Faye T. Evans by warranty deed from James A. Burnette dated April 29, 1976, as recorded in Deed Book 81, Page 611, said records. Subject to all easements of record. 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). Saxon Special Servicing can be contacted at 888-325-3502 or by writing to 4709 Mercantile Drive North, Fort Worth, TX 76137, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Joan Chastain or a tenant or tenants and said property is more commonly known as 356 Redbud Drive, Barnesville, Georgia 30281.
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. FV-1, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC as Attorney in Fact for Joan Chastain
Johnson & Freedman, LLC, 1587 Northeast Expressway, Atlanta, Georgia 30329, (770) 234-9181, www.jflegal.com
MSP/llb 3/1/11 Our file no. 141611-FT1
(2-4)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power, State of Georgia, County of Lamar
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Rents and Security Agreement from First Atlantic 2, LLLP, a Georgia limited liability limited partnership (the “Grantor”) to and in favor of FirstCity Bank (the “Lender”), dated December 15, 2008, and recorded in Deed Book 689, Page 185, Lamar County, Georgia records, as transferred and assigned by the Federal Deposit Insurance Corporation (“FDIC”), as Receiver for Lender, to Multibank 2009-1 RES-ADC Venture, LLC, a Delaware limited liability company (the “Holder”), by that certain Assignment of Real Estate Deed to Secure Debt, dated March 1, 2010, and recorded in Deed Book 729, Page 261, aforesaid records, as further assigned to RES-GA FA1, LLC, a Georgia limited liability company (the “Holder”) by that certain Assignment of Real Estate Deed to Secure Debt dated December 17, 2010, recorded in Deed Book 751, Page 41, aforesaid records (as assigned and modified, the “Security Deed”); securing that certain Universal Note dated December 15, 2008, in the original principal sum of Three Million Nine Hundred Ninety-Six Thousand Nine Hundred Seventy-Seven and 73/100 Dollars ($3,996,977.73) from Grantor to and in favor of Lender, now held by Holder (as assigned and modified, the “Note”); there will be sold at public outcry by Holder as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the courthouse door in Lamar County, Georgia, on the first Tuesday in March, 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
Tract I: All that tract or parcel of land lying and being in Land Lot 32 of the 3rd District and in Land Lot 32 of the 7th District of Lamar County, Georgia, containing 71.78 acres, lying on the northern side of Liberty Hill Road, and being more particularly described as Tract 1, upon a certain plant of survey entitled “Survey for Mark McCook” by Mark D. Pressley, GA. R.L.S. #2777, dated 10/10/03, and recorded in Plat Book 15, page 27, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated hereto and made a part as if set out fully herein.
This is the bulk of the same property which is conveyed unto Howard W. Brantley, Jr., Mildred W. Brantley from Mrs. Alpha Taylor Wilson, et al. by Warranty Deed dated October 18, 1951, and recorded in Deed Book 27, page 195, Lamar County Records.
Less and Except:
A certain tract of land which is a square 50 feet on each side as more particularly described in that certain Warranty Deed dated August 23, 2002, from Mildred W. Brantly to City of Milner, filed for record at Deed Book 384, pages 217-219, Lamar County records.
And Less and Except:
A certain tract of land containing 2.00 acres which is more particularly described on that certain plat of survey entitled “Property of Richard W. Brantly by Kenneth E. Pressley, GA R.L.S. #1327, dated 12/12/89, filed for record at Plat Book 11, page 25, Lamar County, Georgia records. The description of the property as contained on said plat of survey is incorporated herein by reference and made a part hereof (the “Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Premises, and all gas and electric fixtures, radiators, heaters, engines and machinery boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulation or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Grantor’s and Guarantors’ personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever, now or hereafter owned by Grantor and located in, on or about or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises (including any furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property that Grantor stores off of the Land), including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in and to any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel Deed to Secure Debt or similar lien or claim, together with the benefit of any deposits or payments now or hereafter made by Grantor or on behalf of Grantor; all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the Premises or any part thereof, now or hereafter acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and a part of the Premises and between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described and to be secured by this Deed to Secure Debt. The location of the above-described collateral is also the location of the Land.
Together with all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on, under or above the Land or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder or remainders, whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor.
Together with all income, rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds or insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in or to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder.
Together with all and any unexpired warranties, guarantees, and indemnities with respect to any or all of the foregoing.
Together with the proceeds of all of the foregoing.
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 Holder and without representation or warranty of any kind or nature whatsoever by Holder 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.
Said Premises will be sold by Holder as the attorney-in-fact for Grantor, subject to (1) any and all unpaid taxes and/or assessments relating to the Premises, if any, and (2) any and all prior restrictions, liens, encumbrances, and easements of record relating to the Premises, if any, having priority over the Security Deed and those appearing after the date of the Security Deed which have been consented to by Lender or its successors and assigns, and (3) rights of tenants in possession under all valid, written leases and subleases granting the right to use or occupy all or any part of the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
RES-GA FA1, LLC, a Georgia limited liability company, as Attorney-in-Fact for
First Atlantic 2, LLLP, a Georgia limited liability limited partnership
Stephen B. Schrock, Esq., Theodore E. Woodward, Esq.
Morris, Manning & Martin, L.L.P., 1600 Atlanta Financial Center, 3343 Peachtree Road, N.E., Atlanta, Georgia 30326, (404) 233-7000
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Notice of Sale Under Power, Georgia, Lamar County
By virtue of a Power of Sale contained in that certain Security Deed from John D. Culpepper a/k/a John David Culpepper to Branch Banking and Trust Company, dated July 7, 2006, recorded August 16, 2006, in Deed Book 589, Page 265, Lamar County, Georgia Records, and as modified, said Security Deed having been given to secure a Note of even date in the principal amount of One Hundred Twenty-Five Thousand Dollars And No Cents ($125,000.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in March 2011, all property described in said Security Deed including but not limited to the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 165 of the Third Land District of Lamar County, Georgia, and being more particularly shown and designated as area: 32 more or less acres on a plat of survey entitled, “ Compiled plat for J.T. Becker Estate,” prepared by Kenneth E. Presley and Associates, dated May 3, 1995, a copy of which said plat is recorded in Plat Book 12, page 381, Lamar Superior Court Records. Said plat together with the metes, bounds, courses and distances as shown thereon is incorporated by reference and made a part hereof as fully as if set out herein. Said tract is bounded now or formerly as follows: North and east by lands of H.P. and Barbara Sullivan; South by lands of A.H. English; and west by Hitching Post Road.
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 attorneys’ 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 to said property: all 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 John D. Culpepper a/k/a John David Culpepper or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for John D. Culpepper a/k/a John David Culpepper.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338, Tel. (678) 587-9500.
This law firm is attempting to collect a debt. Any information will be used for that purpose.
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Notice of Sale Under Power.
State of Georgia, County of Lamar.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Roger Dempsey to Mortgage Electronic Registration Systems, Inc. (“MERS”) As Nominee For America’s Wholesale Lender, dated 06/19/2006, and Recorded on 06/20/2006 as Book No. 581 and Page No. 318-333, Lamar County, Georgia records, as last assigned to The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificate holders CWABS, Inc., asset-backed certificates, Series 2006-8, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $78,400.00, 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 Lamar County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
All that tract or parcel of land lying and being in the city of Barnesville, Lamar County, Georgia, being a certain house and lot lying on the northern side of Forsyth Street in the city, and being more particularly described upon a certain plat of survey entitled “Survey for Hoke I. Johnson” prepared by J. Wayne Proctor, Sr., GA RLS No. 1328, dated July 17, 1978, and recoreded in Plat Book 7, page 351, in the office of the clerk of superior court of Lamar County, Georgia. Said plat together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully 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: BAC Home Loans Servicing, LP, PTX-C-32, Foreclosure 7105 Corporate, Plano, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 342 Forsyth St., Barnesville, Georgia 30204 is/are: Roger Dempsey 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.
The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificate holders CWABS, Inc., Asset-Backed Certificates, Series 2006-8 as Attorney in Fact for Roger Dempsey.
This law firm is acting as debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20100031400762
Barrett, Daffin & Frappier, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417, Telephone: (972) 341-5398.
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Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by Janet Durham to Associates Financial Services Company, Inc., dated May 30, 2000 and filed for record June 14, 2000 in Deed Book 298, Page 156, Lamar County, Georgia records, and securing a Note in the original principal amount of $75,016.18, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Lamar County, Georgia, between the legal hours of sale on the first Tuesday in March, 2011, by Associates First Capital Corporation successor by reason of merger with Associates Financial Services Company, Inc. as Attorney-in-Fact for Janet Durham the following property to-wit:
All that tract or parcel of land situate, lying and being in Land Lot 253 of the 2nd Land District of Lamar County, Georgia, being more particularly known and designated as Tract 1, containing 5.00 acres according to a plat made by Robert S. Mitchell, dated February 2, 1990, a copy of which appears in Plat Book 11, Folio 47, Clerk’s Office of Lamar Superior Court. Said plat is referred to for the purpose of a more complete and accurate description and is incorporated herein by reference thereto.
The above described property is also known as 213 Hendricks Road, Milner, GA 30257.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Janet Durham.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
CitiMortgage, Inc. 5280 Corporate Drive Attn: Default Mail Services Frederick, MD 21703 Phone: HAT Program: 866-272-4749 Fax: 866-989-2089 or 866-989-2088
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require CitiMortgage, Inc. as servicer for Associates First Capital Corporation to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. Associates First Capital Corporation successor by reason of merger with Associates Financial Services Company, Inc. as Attorney-in-Fact for Janet Durham
Shuping, Morse & Ross, LLP, By: S. Andrew Shuping, Jr., S. Andrew Shuping, Jr., 6259 Riverdale Road, Suite 100 Riverdale, Georgia 30274-1698, (770) 991-0000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
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State of Georgia, County of Lamar, Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Rhonda Harris and Jeffery Harris to Mortgage Electronic Registration Systems, Inc. dated September 17, 2002, and recorded in Deed Book 387, Page 19, Lamar County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment, securing a Note in the original principal amount of $74,000.00, 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, March 1, 2011, 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 tract or parcel of land lying and being in Land Lot 237 of the 7th Land District of Lamar County, Georgia, being 5.00 acres more or less, and being the same lands as described on a certain plat of survey by W. C. Howell, Land Surveyors and entitled “Survey for Jeff & Rhonda Harris” dated June 29, 2002, and recorded in Plat Book 14, Page 342, and said plat of survey is incorporated herein by reference hereof for a more accurate and complete description.
This being a portion of the same property as described in that certain Certificate of Order of Year’s Support dated April 20, 1993, and recorded in Plat Book 278, Page 249, in the Office of the Clerk of Superior Court, Lamar County, Georgia.
Said property is known as 380 Potts Pond Road, Barnesville, GA 30204, 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.
Said property will be sold as the property of Rhonda Harris and Jeffery Harris, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Jeffrey Harris, A/K/A Jeffrey L. Harris and Rhonda Harris, 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 Deed, and the balance, if any, will be distributed as provided by law.
JPMorgan Chase Bank, National Association as Attorney-in-Fact for Rhonda Harris and Jeffery Harris a/k/a Jeffrey L. Harris
File no. 09-010379
Shapiro & Swertfeger, LLP*, Attorneys and Counselors at Law, 2872 Woodcock Blvd., Suite 100, Atlanta, GA 30341-3941, (770)220-2535/BMB, 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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