Barnesville.com

State of Georgia, County of Lamar
All creditors of the estate of Julian Donald Hutto, deceased, of Lamar County, Georgia are hereby notified to render their demands to the undersigned according to law, and all persons indebted to the estate are hereby required to make immediate payment to undersigned.
This 16th day of June, 2011.
Larry D. Hutto, Executor, 138 Edgewood Circle, Barnesville, Ga. 30204
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State of Georgia, County of Lamar
All creditors of the estate of Clyde M. Dickerson, 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 3rd day of June, 2011.
Charles Dickerson, Personal Representative, 1274 North Hwy. 27, Roopville, Ga. 30170.
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A Notice of Foreclosure of Right of Redemption
State of Georgia, County of Lamar
To: 1. All persons known or unknown who claim an interest in property located on Grove Street (approx. 13.42 acres), Barnesville, Lamar County, Georgia
2. Resident/Tenant/Occupant of property located on Grove Street (approx. 13.42 acres), Barnesville, Lamar County, Georgia
3. Jewel Borders Alexander
Take notice that: Pursuant to O.C.G.A. ‘48-4-45 and ‘48-4-46, the right to redeem the following described property, to wit:
Property Location: Grove Street (approx. 13.42 acres), Barnesville, Lamar County, Georgia
Map Reference No./Tax ID No.: 034 001
will expire and be forever foreclosed and barred on the thirtieth day after your receipt of this notice. The tax deed to which this notice relates is dated the 1st day of December, 2009, and is recorded in the office of the Clerk of the Superior Court of Lamar County, Georgia, in Deed Book 721, at Page 88.
The property may be redeemed at any time before the thirtieth day after you receive this notice, by payment of the redemption price as fixed and provided by law to Christopher M. Porterfield, counsel for Middle East Contracting and Supply Co., LLC, at 10745 Westside Way, Suite 225, Alpharetta, Georgia 30009.
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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 Robert D. Banks and Brenda Banks to Mortgage Electronic Registration Systems, Inc as nominee for Equity One, Inc., dated January 15, 2007, recorded in Deed Book 612, Page 269, Lamar County, Georgia Records, as last transferred to Assets Recovery Center Investments, LLC by assignment recorded in Deed Book 760, Page 272, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of Eighty-Two Thousand Eight Hundred Twenty And 0/100 Dollars ($82,820.00), 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 July, 2011, the following described property:
The following to wit: All that certain tract or parcel of land situate, lying and being in the City of Barnesville, County of Lamar, State of Georgia. The City of Barnesville, Lamar County, Georgia, being known and designated as Lot No. 5, Block A, Tract 1 in the Pennington - Porter Subdivision, in said city, county and state. Said tract is more particularly described as fronting 70 feet on the east side of Sims Street as shown on a plat of survey prepared by J. Wayne Proctor, Sr., Registered Land Surveyor No. 1328, said plat being recorded in Plat Book 6, Page 55, in the Office of the clerk of the Superior Court of Lamar County, Georgia., Said plat is hereby made reference to and incorporated into and made a part hereof of this description. Address: 215 Sims St.; Barnesville, GA 302041442 Tax Map or Parcel ID No.: B30-073 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).
Acqura Loan Services can be contacted at 866-660-5804 or by writing to 7880 Bent Branch Dr., Suite 150, Irving, TX 75063, 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 Robert D. Banks and Brenda Banks or a tenant or tenants and said property is more commonly known as 215 Sims Street, Barnesville, Georgia 30204.
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.
Assets Recovery Center Investments, LLC as Attorney in Fact for Robert D. Banks and Brenda Banks
Johnson & Freedman, LLC, 1587 Northeast Expressway, Atlanta, Georgia 30329, (770) 234-9181, www.jflegal.com
MSP/mh0 7/5/11 Our file no. 1285111-FT1
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Notice of Sale Under Power, Georgia, Lamar County. This law firms 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 Charles W. Bartlett and June H. Bartlett to Horizon Mortgage Lending, Inc., dated July 31, 2002, recorded in Deed Book 386, Page 234, Lamar County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 386, Page 250, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of Forty-Eight Thousand And 0/100 Dollars ($48,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia within the legal hours of sale on the first Tuesday in July, 2011, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in land lot 17 of the 7th District, Lamar County, Georgia, being Tract 27, Containing 2.00 acres, as shown on plat of survey entitled “Survey for Tom Barrett & Associates, Inc.”, prepared by J. Wayne Proctor, Sr., Registered Land Surveyor, Dated May 3, 1973, Finally revised September 23, 1974, as per plat recorded in Plat Book 6, Page 382, Lamar County, Georgia records, said plat being incorporated herein and made reference hereto.
MR/nh5 7/5/11 Our file no. 5657311 - FT2
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: Suntrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Charles W. Bartlett and June H. Bartlett or a tenant or tenants and said property is more commonly known as 246 Ponderosa Lane, Barnesville, Georgia 30204.
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. SunTrust Mortgage, Inc. as Attorney in Fact for Charles W. Bartlett and June H. Bartlett
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net
MR/nh5 7/5/11 Our file no. 5657311-FT2
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Notice of Sale Under Power in Security Deed, State of Georgia, County of Lamar
Pursuant to a power of sale contained in a deed to secure debt from James C. Boyt to United Bank dated June 26, 2006, and recorded in Deed Book 598, Pages 6-10 (as amended by instrument recorded in Deed Book 645, Page 262), Lamar County, Georgia, Superior Court Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Lamar County, Georgia, within the legal hours of sale on the first Tuesday in July, 2011 (July 5, 2011) the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lot 104 of the 7th Land District of Lamar County, Georgia, lying to the north of Forsyth Street (a/k/a U.S. Highway No. 41), the same containing 2 acres, more or less, being a portion off the eastern side of Lot Nos. 28, 29 and 30 in Block “A” of the Sims Subdivision, as per plat recorded in Plat Book 1, Page 47, in the Office of Clerk of Superior Court of Lamar County, Georgia. Said tract being 290 feet wide and 300 feet deep and bounded, now or formerly, as follows: North by Lot No. 27 in Block “A” of said subdivision, formerly owned by T.J. Gardner, East by H.J. Moye lands; South by Lots 65 through 76 in Block “A” of the above said subdivision; formerly owned by J.E. Wood and West by J.E. Wood.
This property is known as No. 976 Forsyth Street according to the present numbering system in Lamar County, Georgia.
This is the same property which was conveyed unto James C. Boyt from Donald W. Berry by Warranty Deed dated July 1, 1983, and recorded in Deed Book 107, Page 160, in the Office of the Clerk of Superior Court of Lamar County, Georgia.
The debt secured by said security deed and the note given in evidence thereof have been and are hereby declared due because of default in payment of the monthly installments due under said note. This sale will be made for the purpose of paying the same and all expenses of this sale.
To the best of the undersigned’s knowledge and belief, the party in possession of the property is James C. Boyt or his heirs.
Under the terms of the foresaid deed to secure debt, said property will be sold as the property of the aforesaid James C. Boyt, subject to all taxes, assessments, easements and restrictions, if any, and the proceeds of said sale applied as provided in said deed.
Notice of initiation of proceedings to exercise the power of sale provided in said deed to secure debt was duly given to the debtor by the secured creditor no later than 30 days prior to the date of the foreclosure sale, in writing, and sent by registered (or certified) mail, return receipt requested, to the property address (or such other address as the debtor may have designated by written notice to the secured creditor), consisting of a copy of the published legal advertisement of said sale (or a copy of the legal advertisement as provided to the newspaper), and mailed as aforesaid; all as required by the Official Code of Georgia Annotated Sections 44-14-162- and 44-14-162.2.
By: William D. Lindsay, Attorney for United Bank, 342 College Drive, Barnesville, Ga. 0204, Phone: 770-358-1188
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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 July 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.
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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 Michael B. Daughtry to Mortgage Electronic Registration Systems, Inc., dated March 26, 2007, recorded in Deed Book 619, Page 207, Lamar County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 727, Page 289, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of Sixty-Seven Thousand And 0/100 Dollars ($67,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia within the legal hours of sale on the first Tuesday in July, 2011, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lot 199 of the 3rd District, Lamar County, Georgia containing 1.12 acres, and being more particularly described as follows: Begin at a point located on the easterly right of way of Georgia State Highway 36 with the northerly right of way of Norris Road; thence proceed North 83 degrees 9 minutes 38 seconds east a distance of 139.14 feet to a point and the point of beginning; thence north 54 degrees 12 minutes 8 seconds east a distance of 258.15 feet to a point; thence north 65 degrees 23 minutes 01 seconds east a distance of 159.32 feet to a point; thence north 36 degrees 04 minutes 32 seconds east a distance of 214.65 feet to a point; thence north 85 degrees 05 minutes 33 seconds east a distance of 69.90 feet to a point; thence south 34 degrees 52 minutes 08 seconds west a distance of 440.00 feet to a point located on the northerly right of way of Norris Road; thence proceed along said right of way of Norris Road south 83 degrees 09 minutes 38 seconds west a distance of 300.86 feet to a point and the Point of Beginning.
MR/nh5 7/5/11 Our file no. 53111709 - FT2
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: Suntrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Michael B. Daughtry or a tenant or tenants and said property is more commonly known as 224 Norris Rd., Barnesville, Georgia 30204.
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.
SunTrust Mortgage, Inc. as Attorney in Fact for Michael B. Daughtry
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net
MR/nh5 7/5/11 Our file no. 53111709-FT2
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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 James J. Fields, Jr. and Tiffany B. Fields to Mortgage Electronic Registration Systems, Inc., dated June 17, 2005, recorded in Deed Book 529, Page 37, 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 One Hundred Seventy-One Thousand And 0/100 Dollars ($171,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia within the legal hours of sale on the first Tuesday in July, 2011, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lots 4 & 29 of the 7th Land District of Lamar County, Georgia, fronting on the eastern side of Old Milner Road, containing 3.00 acres, and being more particularly described upon a certain plat of survey entitled “Property Survey for Danny Ray Turner & Stephanie J. Turner” prepared by Kenneth E. Presley, Ga RLS No. 1327, dated September 16, 1994, and recorded in Plat Book 12, Page 276, in the Office of the Clerk of the 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. Located on the above described property is a dwellings known and designated as 647 Old Milner Road, Barnesville, Georgia. AND All that lot, tract or parcel of land situate lying and being in Land Lot 29 of the 7th Land District of Lamar County, Georgia, containing 2.622 acres as shown on plat of survey entitled “Property of Fred McGhin and Brenda McGhin”, prepared by Bernhard Harper and Associates and recorded at Plat Book 13, Page 379, Lamar County Superior Court Records, which said plat with the metes, bounds, courses, and distances as shown thereon is incorporated herein and made a part of this instrument.
MR/jec 7/5/11 Our file no. 5705611 - 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 James J. Fields, Jr. and Tiffany B. Fields or a tenant or tenants and said property is more commonly known as 647 Old Milner Road, Barnesville, Georgia 30204.
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 James J. Fields, Jr. and Tiffany B. Fields
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net
MR/jec 7/5/11 Our file no. 5705611-FT10
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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 Jacqueline Danielle Hunter and John Kolin Hunter to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for America`s Wholesale Lender, dated October 18, 2005, recorded October 19, 2005, in Deed Book 547, Page 234, Lamar County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Ninety-One Thousand Two Hundred and 00/100 dollars ($91,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank of New York Mellon FKA The Bank of New York as Trustee for the certificateholders CWABS Inc., asset-backed certificates, Series 2005-14, 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 July, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Land Lot 55 of the 7th Land District of Lamar County, Georgia, and within the City of Barnesville, containing 0.338 acres, lying on the western side of Mitchell Drive (A/K/A Hope Lane), and being further identified as “Tract Four” upon a certain plat of survey entitled “ Subdivision For John T. Mitchell” dated Jan. 18, 1995, as revised to April 5, 1995, by Philip M. Davis, Ga. RLS No. 2381, and recorded in Plat Book 12, Page 376, 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 Dorothy Mae Saunders by Warranty Deed from Sara F. McBride dated August 18, 1997, and recorded in Deed Book 217, Page 169, said records.
Said property is commonly known as 227 Mitchell Drive, 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 Jacqueline Danielle Hunter and John Kolin Hunter, Jacqueline Danielle Hunter and John Kolin Hunter, 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.
The Bank of New York Mellon FKA The Bank of New York as Trustee for the certificateholders CWABS, Inc., asset-backed certificates, Series 2005-14 as Attorney in Fact for Jacqueline Danielle Hunter and John Kolin Hunter
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: (877) 813-0992, Case No. BAC-10-06849-2
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Notice of Sale Under Power in Deed to Secure Debt
State of Georgia, County of Lamar
By virtue of the power of sale contained in the Deed to Secure Debt given by JIW, Inc. to Community Capital Bank, dated September 8, 2009, and recorded September 18, 2009 in Deed Book 714, Page 266, Lamar County Georgia records, said Deed to Secure Debt being given to secure a loan note dated September 8, 2009, in the original principal amount of $368,000.00, there will be sold at 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 July, 2011, by Community Capital Bank, as attorney-in-fact for JIW, Inc., the following described property:
All that tract or parcel of land lying and being in Land Lot 170 of the 3rd District of Lamar County, Georgia and being Lot 53, WHITE OAK FARMS SUBDIVISION, Phase One, as per plat recorded in Plat Book 15, Pages 152-154, Lamar County, Georgia records, to which reference is hereby made for the purpose of incorporating the same herein.
Which currently has a street address of 258 High Falls Road, Barnesville, GA.
The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of non-payment of monthly installments on said loan note.
Said property will be sold subject to the following encumbrances.
(1) Outstanding ad valorem taxes and/or assessments, if any, and all prior encumbrances of record.
To the best of the undersigned’s knowledge and belief, the party/parties in possession of the property is/are JIW, Inc.
Community Capital Bank, as attorney-in-fact for JIW, Inc.
By: Mark C. Walker Attorney for Community Capital Bank, 205 Corporate Center Drive, Suite B, Stockbridge, Georgia 30281, (404) 348-4881
This law firm is attempting to collect a debt, and 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 Antoinette K. Lawrence and Donald A. Watts to Mortgage Electronic Registration Systems, Inc. dated September 30, 2005, and recorded in Deed Book 545, Page 129, Lamar County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, by Assignment , securing a Note in the original principal amount of $116,065.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 5, 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 3 of the Third Land District, Lamar County, Georgia, being more particularly known and designated as Lot 13 C as shown on a survey prepared by Donald D. Brooks, Georgia Registered Land Surveyor No. 2418, dated September 10, 2002, and recorded in Plat Book 14, Page 368, Clerk’s Office, Lamar County Superior Court, to which legal reference is made for a more complete and accurate description.
Said property is known as 346 Evans Road, Milner, GA 30257, 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 Antoinette K. Lawrence and Donald A. Watts, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Antoinette K. Lawrence and Donald A. Watts, 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.
EverBank as Attorney-in-Fact for Antoinette K. Lawrence and Donald A. Watts
File no. 08-003376
Shapiro & Swertfeger, LLP*, Attorneys and Counselors at Law, 2872 Woodcock Blvd., Suite 100, Atlanta, GA 30341-3941, (770)220-2535/SJ
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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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 Liberty Hill Farms & Nursery, LLC, a Georgia limited liability company (the “Grantor”) to and in favor of FirstCity Bank (the “Lender”), dated September 16, 2005, and recorded in Deed Book 542, Page 313, Lamar County, Georgia records, as transferred and assigned by the Federal Deposit Insurance Corporation (“FDIC”), as Receiver for Lender, to MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company (the “Holder”), by that certain Assignment of Deed to Secure Debt, effective as of January 7, 2010, and recorded in Deed Book 727, Page 78, aforesaid records (as assigned and modified, the “Security Deed”); securing that certain Universal Note from Grantor to and in favor of Lender dated February 11, 2008, in the original principal sum of One Million Sixty-Five Thousand Four Hundred Thirty-One and 56/100 Dollars ($1,065,431.56), 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 July, 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
PARCEL C-22-2:
All that tract or parcel of land lying and being in Land Lots 132 and 157 of the 3rd Land District of Lamar County, Georgia, containing 40.90 acres and being more particularly described as Lot C-22-2 upon a certain plat of survey entitled “Survey for Georgia Woodlands, Inc.” prepared by Brent Cunningham, GA. RLS No. 2097, dated April 21, 1988, as revised May 11, 1988, and recorded in Plat Book 10, Page 111, in the Office of the Clerk, Superior Court, 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 as was deeded to Jackie E. Faulkner, David E. Faulkner & Geraldine Faulkner by Joint Tenancy Warranty Deed from Southern Timber Company dated January 27, 1992.
PORTION OF TRACT C-2:
All that tract or parcel of land situate, lying and being in land Lot 132 of the 3rd Land District of Lamar County, Georgia, being more particularly known and designated as Tract C-2 containing 8.91 acres, according to a plat made by Brent Cunningham, dated August 19, 1987, a copy of which appears of record in Plat Book 10, Page 6, 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.

LESS AND EXCEPT 4.00 ACRES OF LAND DESCRIBED AS FOLLOWS:
Beginning at a point located on the northeastern portion of the above described Tract C-2 at its intersection with the southerly right of way of Georgia Highway 36; proceed thence south 12 degrees 6 minutes 18 seconds east a distance of 671.68 feet to a point; thence south 77 degrees 53 minutes 42 seconds west a distance of 444.42 feet to a point; thence north 2 degrees 33 minutes 14 seconds west a distance of 1053.37 feet to a point located on the southerly right of way of Georgia Highway 36; thence proceed easterly along said southerly right of way of Georgia Highway 36, 149.98 feet to a point; thence south 04 degrees 1 minute 09 seconds east a distance of 479.87 feet to a point; thence north 77 degrees 53 minutes 42 seconds east a distance of 217.44 feet to a point; thence north 12 degrees 6 minutes 18 seconds west a distance of 474.22 feet to a point located on the southerly right of way of Georgia Highway 36; thence along said right of way north 77 degrees 53 minutes 42 seconds east a distance of 30 feet to a point and the POINT OF BEGINNING.
MORGAN DAIRY ROAD PARCEL:
TRACT ONE: All that tract or parcel of land situate, lying and being in Land Lot 92 in the 3rd Land District of Lamar County, Georgia, containing one-half (1/2) acre, more or less, of land, being in the form of a triangle and bounded as follows: Easterly by the Barnesville Road; Southerly by Liberty Hill Road; and Northwesterly by property of Frank Ridgeway, all as shown on a plat thereof designated “Plat of Property of Durward Ridgeway”, dated July 14, 1972, and recorded in Plat Book 6, page 39, Clerk’s Office, Superior Court, Lamar County, Georgia.
TRACT TWO:
All that tract or parcel of land situate, lying and being in the Chappell District of Lamar County, Georgia, containing one-fourth (1/4) acre, more or less, of land, formerly known as the Ridgeway Store lot, and being a parcel of land 50 by 185 feet as shown on plat of property of Durward Ridgeway, dated July 14, 1972, and bounded, now or formerly, as follows: Northerly by property of Durward Ridgeway; Easterly by the Barnesville Road; Southerly by Liberty Hill Road; and Westerly by Frank Ridgeway. Said plat is recorded in Plat Book 6, page 39, Clerk’s Office, Superior Court, Lamar County, Georgia.
PORTION OF PARCEL B-10:
All that tract or parcel of land situate, lying and being in Land Lots 132 and 133 of the 3rd Land District of Lamar County, Georgia, being more particularly known and designated as a portion of parcel B-10, containing 5.51 acres according to a plat made for Georgia Woodlands, Inc., a copy of which appears of record in Plat Book 10, Folio 55, Clerk’s Office of Lamar Superior Court. Said plat is referred to for the purpose of a more complete and accurate description of said property and is incorporated herein by reference thereof.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
All that tract or parcel of land lying and being in Land Lot 132 and 133 of the 3rd District of LAMAR County, Georgia, being more particularly described as “193 HWY 36 EAST MILNER, GA 30257, AREA=87, 382 SF=2.00 AC+/- on a plat of survey entitled “A Part of Lot B-10 of Barklen Subdivision for Ricky E. Viars, Sr.” prepared by DeLoach Engineering Consultants, Registered Land Surveyor No. 6309, dated September 26, 2003, recorded in Plat Book 14, Page 472, LAMAR County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
PARCEL C-8B:
All that tract or parcel of land lying and being in Land Lot 157 of the 3rd District of Lamar County, Georgia, being parcel C-8B containing 5.00 acres, as shown on the resubdivisions of parcels C-3 and C-8 of the property of Georgia Woodlands according to a survey by Brent Cunningham, registered land surveyor, dated November 3, 1988.
PARCEL A-3:
All that tract or parcel of land lying and being in Land Lot 156 of the 3rd Land District of Lamar County, Georgia, containing 4.69 acres, lying on the Eastern side of Georgia Highway 36, and being more particularly described as Parcel “A-3” upon that certain plat of survey for Georgia Woodlands prepared by Brent Cunningham, RLS No. 2097, dated July 8, 1987, and recorded in Plat Book 9, Page 306, Clerk of Superior Court Records, Lamar County, Georgia. The description of the property as contained on said plat of survey and the survey are incorporated herein by reference and made a part hereof.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
All that tract or parcel of land lying and being in Land Lot 156 of the 3rd Land District of Lamar County, Georgia, containing one acre, lying on the Northern side of High Falls Road, and being more particularly described as the Easternmost 1-acre tract of the two 1-acre tracts shown upon a certain plat of survey entitled “Property Survey for Calvin E. Turner and Shirley E. Turner”, prepared by Kenneth E. Presley, RLS No. 1327, dated August 8, 1989, as revised September 11, 1989, recorded in Plat Book 10, Page 284, Clerk of Superior Court Records, Lamar County, Georgia. The description of the property as contained on said plat of survey and the survey are incorporated herein by reference and made a part hereof.
ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
All that tract or parcel of land, lying, situate and being in Land Lot 156 of the 3rd Land District of Lamar County, Georgia, containing one acre and being more particularly described as follows:
Beginning at an iron pin located on the eastern right of way of Ga. State Route 36 located and set 565.27 feet northeast of the intersection of the eastern right of way of Ga. State Route 36 and the northern right of way of High Falls Park Road, as measured along the right of way of State Route 36; thence, from the beginning point, continuing along the said right of way in a northeastern direction north 34 degrees 58 minutes 28 seconds east a chord distance of 149.94 feet to an iron pin; thence south 57 degrees 55 minutes 28 seconds east 229.09 feet to an iron pin; thence south 00 degrees 50 minutes 47 seconds west 190.04 feet to an iron pin; thence north 55 degrees 44 minutes 39 seconds 335.45 feet to an iron pin which is the point of beginning. All as per plat of survey by Gerald H. Bernhard dated 7-31-02.
PORTION OF PARCEL B-1:
All that tract or parcel of land lying and being in Land Lot 156 of the 3rd Land District of Lamar County, Georgia, containing 3.77 acres, lying on the western side of Ga. Highway No. 36, and being more particularly described upon a certain plat of survey entitled “Survey for Rick Viars” dated July 9, 1999, by Mark D. Pressley, Ga. RLS No. 2777, and recorded in Plat Book 14, Page 38, 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 PROPERTY is a portion of Parcel “B-1” (12.47 acres) as described upon a certain plat of survey entitled “Survey for Georgia Woodlands, Inc.” dated 7/8/87, by Brent Cunningham, Ga. RLS No. 2097, and recorded in Plat Book 9, Page 307, said records, and is a part of the same property which was conveyed unto Danny D. Sparks by warranty deed from Georgia Properties, Inc. dated Dec. 13, 1991, and recorded in deed Book 150, pages 449-450, said records.
OFFICE BUILDING PARCEL:
All that tract or parcel of land lying and being in Land Lots 132, 133, 156 and 157 of the 3rd Land District of Lamar County, Georgia, and being 8.11 acres as shown on a plat of survey prepared for Ricky E. Viars, Sr., by Joe Rowan, Jr., dated June 8, 1992, and by reference to said plat of survey being more particularly described as follows:
BEGINNING at a point located at the intersection of the Southeastern right-of-way line of Georgia Highway #36 (100’ R/W) and the South right-of-way line of High Falls Park Road (80’ R/W); thence proceeding along the South right-of-way line of High Falls Park Road North 88 degrees 02 minutes 15 seconds East 246.87 feet to a point; thence continuing along said right-of-way line an arc distance of 125.0 (being South 89 degrees 26 minutes 26 seconds East 124.96 feet along a chord); thence leaving said right-of-way line South 03 degrees 04 minutes 52 seconds West 100.0 feet to a point; thence proceeding South 12 degrees 56 minutes 02 seconds East 280.69 feet to a point; thence proceeding South 23 degrees 00 minutes 00 seconds East 120.19 feet to a point; thence proceeding South 77 degrees 53 minutes 42 seconds West 672.32 feet to an iron pin; thence proceeding North 12 degrees 06 minutes 18 seconds West 540.0 feet to an iron pin located on the Southeastern right-of-way line of Georgia Highway #36; thence proceeding along said right-of-way line North 77 degrees 53 minutes 42 seconds East 30.0 feet to a point; thence continuing along said right-of-way line an arc distance of 278.44 (being North 72 degrees 30 minutes 59 seconds East 278.03 feet along a chord) to a point, said point being the POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
All that tract or parcel of land lying and being in Land Lot 157 of the 3rd District of Lamar County, Georgia, containing 4.0 acres, as per plat of survey for Ricky E. Viars, Sr., dated February 13, 1996 by Gary Witherington, Georgia R.L.S. 1930, being a portion of that certain 8.11 acre tract shown on plat of survey recorded in Plat Book 10, Page 5, Lamar County, Georgia Records, and being more particularly described as follows:
Beginning at a 3/8” rebar found at the intersection of the Southerly right of way of High Falls Park Road (80’ R/W) with the Southeasterly right of way line of Georgia Highway 36 (100’ R/W), thence running North 87 degrees 56 minutes 10 seconds East 246.87 feet to a 3/8” rebar found; thence running South 89 degrees 32 minutes 35 seconds East a chord distance of 124.91 feet to a 3/8” rebar found; thence running South 03 degrees 04 minutes 52 seconds West 100.22 feet to a point; thence running South 12 degrees 56 minutes 02 seconds East 280.69 feet to a point; thence running South 23 degrees 00 minutes 00 seconds East 31.50 feet to a point; thence running South 77 degrees 54 minutes 48 seconds West 433.47 feet to a ½” rebar set; thence running North 02 degrees 03 minutes 50 seconds West 485.83 to a 3/8” rebar found, and the point of beginning.
PARCEL C-4:
All that tract or parcel of land situate, lying and being in Land Lots 132 and 157 of the 3rd District of Lamar County, Georgia, and being more particularly known and designated as Tract C-4 containing 3.68 acres according to a plat made by Brent Cunningham which appears of record in Plat Book 10, Page 5, 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 “Land”).
Together with (a) all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, 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; (b) all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, 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 and 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; and (c) 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 of 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 and to the same.
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.
Multibank 2009-1 CRE Venture, LLC, a Delaware limited liability company, as Attorney-in-Fact for Liberty Hill Farms & Nursery, LLC, a Georgia limited liability company
Nicholas N. Sears, 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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