Barnesville.com

State of Georgia,
County of Lamar
All creditors of the estate of Nadine M. Horne, 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 the undersigned.
This 24th day of June, 2011.
Radine Horne, Jr., Executor, 800 Parham Road, Griffin, Ga. 30223 (6-28)(4)(p)gpn10

State of Georgia, County of Lamar
All creditors of the estate of Margaret Hardy Riviere, late of Lamar County, Georgia are hereby notified to render their demands to the undersigned according to law, and all debtors are required to make immediate payment.
This 24th day of June, 2011.
Mrs. Virginia Reeves Massing, Executrix of the Estate of Margaret Hardy Riviere, 17 Windrush Drive, N.W., Rome, Ga. 30165-4501
(6-28)(4)(p)gpn10

State of Georgia, County of Lamar
All creditors of the estate of James B. Gore, Sr., 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 hereby required to make immediate payment to undersigned.
This 23rd day of June, 2011.
Carol G. Williams, James B. Gore Jr., Emily G. Leverett and T. Lance Gore, Personal Representatives, P.O. Box 537, Barnesville, Ga. 30204
(6-28)(4)(p)gpn10

State of Georgia, County of Lamar
All creditors of the estate of Everlena Kelly Long, 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 23rd day of June, 2011.
Donna Taylor Wheeler, 297 Freeman Road, Barnesville, Ga. 30204
Karen Taylor Horne, 565 Cannafax Road, Barnesville, Ga. 30204, Executors
(6-28)(4)(p)gpn10

Notice: Georgia, Lamar County Probate Court
To: All Interested Persons
Shirley Ann R. Stumpf has petitioned to be appointed Administrator(s) of the estate of Sandor Paul Stumpf, 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 July 25, 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 scheduled at 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., Barnesville, Ga. 30204, 770-358-5155. (6-28)(4)(p)gpn10

State of Georgia, County of Lamar
All creditors of the estate of Dorothy Jeanette Brinkley, 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 22nd day of June, 2011.
Joanne Brinkley Jones, Executrix, 521 Piedmont Road, Barnesville, Ga. 30204
(6-28)(4)(p)gpn10

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
(6-21)(4)(p)gpn10
(re: 114 Merchants Way)
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 United Cooperative Investment Corporation to United Bank dated August 31, 2000, and recorded in Deed Book 305, Pages 228-232, 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 August, 2011 (August 2, 2011) the following described property:
See Exhibit “A” attached hereto for legal description of property which is known as 114 Merchants Way, Barnesville, GA 30204
Exhibit “A”
All that tract or parcel of land lying and being in the City of Barnesville, Lamar County, Georgia, being a two-story brick store building together with the lot upon which same is situated, fronting on the eastern side of Merchants Way (f/k/a Jackson Street) in said City, and bounded, now or formerly, as follows: North by storeroom of Elijah Wisebram; East by an alley; South by lot of the Mitchell Estate; and West by Merchants Way (f/k/a Jackson Street).
This is the same property which was conveyed unto J. Wallace Hamlett by warranty deed from Gyme D. Warbrick & Men H. Warbrick dated Nov. 17, 1988, and recorded in deed book 132, page 709, 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 United Cooperative Investment Corporation or its assigns.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid United Cooperative Investment Corporation, subject to all taxes, assessments, easements, and restrictions, if any, and the proceeds of said sale applied as provided in said deed.
Notice of the 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 4414162.2
By: William D. Lindsey, Attorney for United Bank
William D. Lindsey Attorney at Law, 342 College Drive, Barnesville, GA 30204, 770-358-1188
(7-5)(4)(b)(ts)(aff)gpn11

(re: parcel 093-046)
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 David M. Ellis and Judith M. Harrington to United Bank dated Nov. 29, 1984, and recorded in Deed Book 113, Page 163, Lamar County, Georgia, Superior Court Records, and a power of sale contained in a deed to secure debt from David M. Ellis and Judith M. Harrington to United Bank dated July 7, 1989, and recorded in Deed Book 136, Pages 121-124, Lamar County, Georgia, Superior Court Records, and a power of sale contained in a deed to secure debt from David M. Ellis and Judith M. Harrington to United Bank dated June 28, 1996, and recorded in Deed Book 192, Pages 298-301, Lamar County, Georgia, Superior Court Records, and A power of sale contained in a deed to secure debt from David M. Ellis and Judith M. Harrington to United Bank dated June 28, 1996, and recorded in Deed Book 192, Pages 306-309, 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 August, 2011 (August 2, 2011) the following described property:
See Exhibit “A” attached hereto for legal description of property which is a house and land on Dean Road known as No. 265 Dean Road with adjacent acreage.
Exhibit “A”
TRACT A: All that tract or parcel of land lying and being in Land Lot 229 of the 7th Land District of Lamar County, Georgia, containing 12.851 acres, lying on the southwestern side of Dean Road and being more particularly described as Tract “A” upon a certain plat of survey, entitled “Property Survey for David M. Ellis & Judith M. Harrington” by Kenneth E. Presley, Ga. RLS No. 1327, dated Sept. 14, 1984, as revised May 9, 1989, and recorded in Plat Book 10, Page 254, 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 hereof as if set out fully herein.
Subject to all easements of record.
TRACT B: All that tract or parcel of land lying and being in Land Lot 229 of the 7th Land District of Lamar County, Georgia, containing 14.0 acres, lying on the southwestern side of Dean Road, and being more particularly described as Tract “B” upon a certain plat of survey entitled “Property Survey for David M. Ellis & Judith M. Harrington” by Kenneth E. Presley, Ga. RLS No. 1327, dated Sept. 14, 1984, as revised May 9, 1989, and recorded in Plat Book 10, Page 254, 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 hereof as if set out fully herein.
Subject to all easements of record.
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 David M. Ellis or his heirs.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid David M. Ellis, subject to all taxes, assessments, easements, and restrictions, if any, and the proceeds of said sale applied as provided in said deed.
Notice of the 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 -a aforesaid; all as required by the Official Code of Georgia Annotated Sections 44-14-162 and 4414162.2
By: William D. Lindsey, Attorney for United Bank
William D. Lindsey, Attorney at Law, 342 College Drive, Barnesville, Ga. 30204, phone 770-358-1188
(7-5)(4)(b)(ts)(aff)gpn11

Notice of Sale of Realty
Notice is hereby given that pursuant to the power of sale contained in the security deed, executed and delivered on December 15, 2005, by 341 Partners, LLC, as grantor, to The First National Bank of Barnesville, as grantee, transferred and assigned to United Bank and recorded in Deed Book 560, page 18, of the Superior Court records of Lamar County, Georgia, granting the property hereinafter described as collateral for the payment of the indebtedness secured thereby, and by virtue of default in the payment of the indebtedness therein mentioned, which has made the aforesaid power of sale operative and effective, the undersigned, as attorney in fact for 341 Partners, LLC, will sell at public outcry before the courthouse door in Barnesville, Lamar County, Georgia, on the first Tuesday in August, 2011, during the legal hours of sale to the highest and best bidder, for cash, the property described in said security deed, to-wit:
All that tract or parcel of land lying and being in Land Lot 56 of the 7th District of Lamar County, Georgia, and more particularly described as Tract A containing 5.71 acres, Tract B containing 2.10 acres, and Tract C containing 1.22 acres as shown on plat of survey prepared for 341 Partners, LLC, prepared by Scanlon Engineering Services, Inc., Neal L. Benefield, Registered Land Surveyor No. 2618, dated November 2, 2005, recorded in Plat Book 15, page 278, Lamar County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
Less And Except:
All that tract or parcel of land lying and being in Land Lot 56 of the 7th Land District of Lamar County, Georgia, containing 2.40 acres, and being more particularly identified by reference to a plat of survey entitled “Survey for 341 Partners, LLC” prepared by Scanlon Engineering Services, Inc., Neal L. Benfield Ga. RLS No. 2618, said survey dated February 15, 2007, a copy of which is recorded in Plat Book 15, page 409, Lamar County Superior Court Clerk’s Office. Said plat, along with the metes, bounds, courses and distances contained therein, is incorporated herein by reference in aid of this description.
Less And Except:
All that tract or parcel of land lying and being in Land Lot 56 of the 7th Land District of Lamar County, Georgia, containing 1.00 ACS., according to that certain plat of survey entitled “Survey for 341 Partners, LLC”, prepared by Neal L. Benfield, Surveyor, dated June 7, 2007, and recorded in Plat Book 15, page 440, Clerk’s Office, Lamar Superior Court, which plat is by this reference incorporated herein and made a part of this description.
Less And Except:
All that certain tract or parcel of land containing 3.011 acres, situate, lying and being in Land Lot No. 56 of the Seventh Land District of Lamar County, Georgia, on the north side of Georgia State Route 18, which said land is shown and delineated on that certain plat thereof prepared by Boundary Zone, Inc., last revised on October 12, 2009, a copy of which plat is of record in Plat Record 16, page 120, in the office of the Clerk of the Superior Court of Lamar County, Georgia, which said plat, including the metes, bounds, courses and distances shown and delineated thereon, is incorporated herein, in full, in aid of this description.
Notice, as required by law, has been given of intention to enforce the collection of attorney’s fees as set out in the note evidencing the indebtedness secured by the aforesaid security deed and this sale will be made for the purpose of paying all indebtedness, secured by the aforesaid security deed, and all expenses of sale, including attorney fees.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
This June 24, 2011.
Beck, Owen & Murray, Attorneys, Griffin, Ga.
United Bank as Attorney-in-Fact for 341 Partners, LLC
Kathy Pippin, P.O. Box 757, Griffin, Georgia 30224, 770-412-4941
(7-5)(4)(x)(ts)(aff)gpn11

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 Rosilan E. Barber to Mortgage Matters, Inc. dated February 23, 2001, and recorded in Deed Book 319, Page 109, Lamar County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment , securing a Note in the original principal amount of $90,321.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 2, 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 lot, tract or parcel of land situate, lying and being in Land Lots 6 and 27 of the Seventh Land District of Lamar County, Georgia, consisting of 1.682 acres, and being more particularly shown upon a plat of survey entitled “Property Survey for Rosilan Barber”, which plat was prepared by Presley, Bernhard, Harper & Associates, Registered Surveyors, is dated July 26, 1996, and is recorded in Plat Book 13, Page 177, Lamar County Superior Court Records, and which said plat is incorporated herein by reference and made a part of this description.
Said property is known as 665 Grove Street, 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 Rosilan E. Barber, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Rosilan E. Barber, 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.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Rosilan E. Barber
File no. 11-016855
Shapiro & Swertfeger, LLP*, Attorneys and Counselors at Law, 2872 Woodcock Blvd., Suite 100, Atlanta, GA 30341-3941, (770)220-2535/CP
www.swertfeger.net
*The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(7-5)(4)(x)(ts)(aff)gpn11

Notice of Sale Under Power
WHEREAS, on August 2, 1988, for value received, Harry L. Bentley & Naomi J. Collier executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Lamar County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Lamar County, Georgia, in Book # 131, Page# 288-291; and re-recorded in the Office of the Clerk of the Superior Court for Lamar County, Georgia, in Book # 131, Page# 334-337;
WHEREAS, the United States of America now holds the above described security deed covering the said real estate; and
WHEREAS, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and
WHEREAS, after default, the United States of America has declared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;
NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Lamar County, during the legal hours of sale, on the 2nd day of August, 2011, the following-described property conveyed in the Deed to Secure Debt, to Wit:
All that tract or parcel of land lying and being in Land Lot 121 of the 7th Land District of Lamar County, Georgia, the same being Lot 5 of Block “B” of the Roberts Road Subdivision, according to a plat of said subdivision prepared by Jasper W. Proctor, Sr., Ga. RLS No. 1328, dated March 20, 1967, as revised to October 17, 1971, and recorded in Plat Book 6, page 17, 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.
The above described property will be sold subject to any and all outstanding real estate taxes that are due and payable.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for rejection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof.
The proceeds of said sale will first be applied to the payment of the indebtedness to the United States of America, other charges, and the expenses of sale, as provided in the above-described Deed to Secure Debt.
This the 28th day of June, 2011.
United States of America
Ronald L. Bolen, Director of the Default Management Branch, United States Department of Agriculture, Rural Housing Service
(7-5)(4)(b)(ts)(aff)gpn11

Notice of Sale Under Power, State of Georgia, County of Lamar
By virtue of a Power of Sale contained in that certain Security Deed from Michael W. Brooks and Robin M. Brooks to Countryside Homes, dated September 16, 1996 and recorded in Deed Book 197, Page 191, in the Office of the Clerk of Superior Court of Lamar County, Georgia, said Security Deed having been given to secure a Note dated, September 16, 1996, in the original principal amount of Fifty Seven Thousand Two Hundred One and 50/100 Dollars ($57,201.50) with interest thereon as provided therein, having been last sold, assigned and transferred to 21st Mortgage Corporation, recorded in Deed Book 737, Page 102, aforesaid records, 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 of August 2011, regarding the following described property:
All that tract or parcel of land lying and being in Land Lots 91 and 92 of the 7th Land District of Lamar County, Georgia, fronting on the northern side of Howard Road, containing 6.210 acres, and being more particularly described as Tract 14 upon a certain plat of survey entitled “Plat for Southern Timber Company” prepared by Charles L. Moore and Gary Fred Self, dated 4/29/90 and recorded in Plat Book 11, Page 109, 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.
Together with all easements of record.
Also conveyed herewith is a 1997 Fleetwood Manufactured Home, Model 4603U, Serial No. GAFLT54AB78984HS11, which is permanently attached to and made a part of the real property.
Said property is commonly known as 186 Howard Rd. fka Lot 14 Howard Rd., 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 attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Michael W. Brooks and Robin M. Brooks or tenant(s).
21st Mortgage Corporation as Attorney-in-Fact for Michael W. Brooks and Robin M. Brooks
Contact: Topping & Associates, LLC, 1930 N. Druid Hills Rd., Suite B, Atlanta, Georgia 30319, (404) 728-0220
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(7-5)(4)(p)(ts)(aff)gpn11

Notice of Sale of Realty
Notice is hereby given that pursuant to the power of sale contained in the security deed, executed and delivered on March 29, 2010, by Brown Road Properties LLC, as grantor, to The First National Bank of Barnesville, as grantee, transferred and assigned to United Bank and recorded in Deed Book 728, page 50, of the Superior Court records of Lamar County, Georgia, granting the property hereinafter described as collateral for the payment of the indebtedness secured thereby, and by virtue of default in the payment of the indebtedness therein mentioned, which has made the aforesaid power of sale operative and effective, the undersigned, as attorney in fact for Brown Road Properties LLC, will sell at public outcry before the courthouse door in Barnesville, Lamar County, Georgia, on the first Tuesday in August, 2011, during the legal hours of sale to the highest and best bidder, for cash, the property described in said security deed, to-wit:
All those lots, tracts or parcel of land lying and being in Land Lot 90 of the 3rd District of Lamar County, Georgia and being depicted as Lot 8, Lot 9, Lot 10, Lot 11, Lot 12, Lot 13, Lot 14 and Lot 15 on “Final Plat for Buck Creek Farms”, dated January 5, 2006, revised November 7, 2006, prepared by S. J. Reeves & Associates, Inc., Georgia RLS No. 2765. Said plat is recorded in Plat Book 15, pages 391-392 of the Lamar County, Georgia, Clerk of Superior Court records. The metes, bounds, courses and distances with regard to said lots on said plat are incorporated herein in aid of this description as fully as if set out at length herein. Said lots are conveyed subject to any easements and restrictions of record.
Also conveyed is a non-exclusive and perpetual easement for ingress and egress in the area depicted as “R/W Area, 1.77 Acres (To be deed to Lamar Co.); Brown Road, 60’ R/W” as depicted on said plat.
The above described property is conveyed subject to any covenants and restrictions of record affecting said property.
Notice, as required by law, has been given of intention to enforce the collection of attorney’s fees as set out in the note evidencing the indebtedness secured by the aforesaid security deed and this sale will be made for the purpose of paying all indebtedness, secured by the aforesaid security deed, and all expenses of sale, including attorney fees.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
This June 24, 2011.
Beck, Owen & Murray, Attorneys, Griffin, Ga.
United Bank as Attorney-in-Fact for Brown Road Properties LLC
Kathy Pippin, P.O. Box 757, Griffin, Ga. 30224, 770/412-4941
(7-5)(4)(p)(ts)(aff)gpn10

State of Georgia, County of Lamar, Notice of Sale Under Power in Deed to Secure Debt
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Shelley C. Buice to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $132,000.00 dated 06/21/2005, and recorded in Deed Book 529, page 18, Lamar County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 761, Page 46, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shelley C. Buice the following described property:
All that tract or parcel of land lying and being in Land Lot 100 of the 3rd Land District, Lamar County, Georgia, being known as Lot 18, The Village at Liberty Hill, as per plat recorded in Plat Book 15, Pages 54-56, Lamar County, Georgia Records, which is incorporated herein by reference.
Property known as: 196 Liberty Trace, 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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc., 1000 Technology Drive, O’Fallon, MO 63368, Phone: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Shelley C. Buice.
CitiMortgage, Inc., as Attorney-in-fact for Shelley C. Buice.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C., South Terraces, Suite 1000, 115 Perimeter Center Place, Atlanta, GA 30346, Phone – (770) 392-0398, Toll Free – (866) 999-7088, www.penderlaw.com
Our File No. 11-06110
(7-5)(4)(p)(ts)(aff)gpn11

(re: parcel 093-005)
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 David M. Ellis and Judith M. Harrington to United Bank dated Aug. 3, 1992, and recorded in Deed Book 155, Pages 173-176, Lamar County, Georgia, Superior Court Records, and a power of sale contained in a deed to secure debt from David M. Ellis and Judith M. Harrington to United Bank dated June 28, 1996, and recorded in Deed Book 192, Pages 302-305, 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 August, 2011 (August 2, 2011) the following described property:
See Exhibit “A” attached hereto for legal description of property which is land on Dumas Road.
Exhibit “A”
TRACT C: All that tract or parcel of land lying and being in Land Lot 229 of the 7th Land District of Lamar County, Georgia, containing 15.819 acres, lying on the southwestern side of Dean Road and on the northern side of Dumas Road, and being more particularly described as Tract “C” upon a certain plat of survey entitled “Property Survey for David M. Ellis & Judith M. Harrington” by Kenneth E. Presley, Ga. RLS No. 1327, dated Sept. 14, 1984, as revised May 9, 1989, and recorded in Plat Book 10, Page 254, 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 hereof as if set out fully herein.
Subject to all easements of record.
LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 229 of the 7th Land District of Lamar County, Georgia, containing 4.112 acres, lying on the northern side of Dumas Road, and being more particularly described upon a certain plat of survey entitled “Property Survey for John W. Hanley & Barbara A. Hanley” by Gerald H. Bernhard, Ga. RLS No. 2688, dated Jan. 7, 1998, and recorded in Plat Book 13, Page 469, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown. This is the same property which was conveyed unto John William Hanley, III and Barbara Ann Hanley by warranty deed dated Dec. 19,1998, from David M. Ellis as recorded in deed book 253, page 341, said records.
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 David M. Ellis or his heirs.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid David M. Ellis, subject to all taxes, assessments, easements, and restrictions, if any, and the proceeds of said sale applied as provided in said deed.
Notice of the 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 44-14162.2
By: William D. Lindsey, Attorney for United Bank
William D. Lindsey, Attorney at Law, 342 College Drive, Barnesville, Ga. 30204, 770-358-1188
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State of Georgia, County of Lamar, Notice of Sale Under Power in Deed to Secure Debt
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Louise Howard to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $50,000.00 dated 10/30/2003, and recorded in Deed Book 449, page 268, Lamar County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 760, Page 271, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2011 by CitiMortgage, Inc., successor by merger with Principal Residential Mortgage, Inc., as Attorney-in-Fact for Louise Howard the following described property:
All that tract or parcel of land lying and being in Land Lot 135 of the 7th Land District of Lamar County, more particularly described as Lot # 6, Block B of Sutton Estates Subdivision, as shown and delineated on a plat of survey entitled “Survey for Charles G. Sutton”, prepared by J. Wayne Proctor, Sr., Registered Land Surveyor No. 1328. Said plat being recorded in Plat Book 5, Page 101, Clerk’s Office, Superior Court, Lamar County, Georgia. Said plat together with the metes and bounds thereon is incorporated herein and by reference made a part hereof of this description
Property known as: 118 Lanette Cir, Barnesville, GA 30204
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc., 1000 Technology Drive, O’Fallon, MO 63368, phone: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness
To the best of the undersigned’s knowledge and belief, the party in possession is Louise Howard.
CitiMortgage, Inc., successor by merger with Principal Residential Mortgage, Inc., as Attorney-in-fact for Louise Howard.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C., South Terraces, Suite 1000, 115 Perimeter Center Place, Atlanta, GA 30346, Phone – (770) 392-0398, Toll Free – (866) 999-7088, www.penderlaw.com
Our File No. 11-06224
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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 with that certain Deed to Secure Debt dated December 17, 1999, from Darren William Husak and Donna Husak to Mortgage Amenities Corp., recorded on December 29, 1999 in Deed Book 285 at Page 128, in the office of the Clerk of the Superior Court of Lamar County, Georgia, and said Deed to Secure Debt having been given to secure a note dated December 17, 1999, in the amount of $76,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Lamar County, Georgia, on June 7, 2011, the following described real property (hereinafter referred to as the “Property”):
All that lot, tract or parcel of land situate, lying and being in Land Lot 48 of the Eighth Land District of Lamar County, Georgia, and being more particularly shown and designated as Tract “A”, 4.00 ac., on a plat of survey entitled, “Property Survey for Allen Haddock”, prepared by G. Tim Conkle, Registered Land Surveyor, dated August 19, 1996, a copy of which said plat is recorded in Plat Book 13, Page 179, of the Superior Court Records of Lamar County, Georgia, and which said plat, together with the metes, bounds, courses and distances shown thereon with respect to said property is incorporated herein and made a part hereof as fully as if set out herein.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Darren William Husak and Donna Husak. The property, being commonly known as 260 Willis Road, The Rock, GA 30285 in Lamar County, will be sold as the property of Darren William Husak and Donna Husak, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for Wachovia Bank of Delaware, NA as Attorney in Fact for Darren William Husak and Donna Husak, 100 Galleria Parkway, Suite 960, Atlanta, GA 30339, Phone: (866) 690-0418, ASAP# 4028263
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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 August, 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.
*Additionally, certain real property located in Jasper County and can be found at Deed Book 721, Page 272 Jasper County records which also secures the Note is being foreclosed on the first Tuesday of August 2011.*
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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Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by Sarah Lovett-Bynes to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Primary Capital Advisors LC, dated April 30, 2004 and filed for record May 12, 2004 in Deed Book 474, Page 1, Lamar County, Georgia records, and securing a Note in the original principal amount of $84,000.00; last transferred to CitiMortgage, Inc. by Assignment filed for record in the public deed records of Lamar County, Georgia, 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 August, 2011, by CitiMortgage, Inc. as Attorney-in-Fact for Sarah Lovett-Bynes the following property to-wit:
All that tract or parcel of land lying and being in Land Lot 26 of the 7th District, Lamar County, Georgia, being Lot 1 according to plat of survey recorded in Plat Book 9, page 39, Lamar County Records, which plat is hereby referred to and made a part of this description. Being improved property.
The above described property is also known as 482 - 484 Grove Street, Barnesville, GA 30204.
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 Sarah Lovett-Bynes.
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. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CitiMortgage, Inc. as Attorney-in-Fact for Sarah Lovett-Bynes
Shuping, Morse & Ross, LLP
By: 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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Notice of Sale Under Power, Georgia, Lamar County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Rennie W. Mussell to Mortgage Electronic Registration Systems, Inc. as nominee for Branch Banking and Trust Company, its successors and assigns dated March 5, 2004 in the amount of $93,100.00, and recorded in Deed Book 464, Page 329, Lamar County, Georgia Records; as last transferred to Branch Banking and Trust Company by assignment; the undersigned, Branch Banking and Trust Company pursuant to said deed and the 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 in August, 2011 , during the legal hours of sale, at the Courthouse door in Lamar 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 192 of the 2nd Land District of Lamar County, Georgia, lying on the Eastern side of Etheridge Mill Road, and being more particularly described as Lot 6 (2.63 acres) of Tract No. 3 as is more particularly shown and described upon a certain plat of survey entitled “Survey for Imperial Land Investment Co.”, prepared by J. Wayne Proctor, Sr., GA RLS No. 1328, dated February 19, 1972, as revised to August 30, 1974, and recorded in Plat Book 6, Page 389, 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.
which has the property address of 521 Etheridge Mill Road, Milner, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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 attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Rennie W. Mussell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Branch Banking and Trust Company Attorney in Fact for Rennie W. Mussell
McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com
File No. 11-10417 /FHLMC/mtucker
This law firm is acting as a debt collector and is 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
By virtue of Power of Sale contained in Deed to Secure Debt (“Security Deed”) from Adam C. Polvi (“Grantor”) to The First State Bank (“Grantee”), dated June 29, 2006, recorded July 30, 2006 in Deed Book 584, Page 144, Lamar County, Georgia Records, said Security Deed being given to secure a Note of even date, as modified, in the original principal amount of Forty-Nine Thousand Five Hundred Fifty-Eight and 50/100 Dollars ($49,558.50), with interest from date at the rate as provided therein on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Lamar County, Georgia, within the legal hours of sale on the first Tuesday in August, 2011, the following described property to wit:
All that tract or parcel of land lying and being in Land Lot 164 of the 7th Land District of Lamar County, Georgia, being known as Lot 7 and containing 3.00 acres as shown on that certain plat of survey entitled “Survey for A.S. Pritts” dated February 15, 1999 by Stanley L. Colwell, GRLS No. 2806 as recorded in Plat Book 14, Page 4, in the Office of the Clerk of Superior Court of Lamar County, Georgia. This plat, together with its metes, Bounds, courses and distances, is hereby incorporated by reference herein and made a part hereof.
Property Address: Lot 7 Barnesville Road, Barnesville, Georgia 30204
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, failure to comply with the terms of the Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Ronnie Burch, P.O. Box 928, Stockbridge, Georgia 30281, telephone number 770-474-7293, has full authority to negotiate, amend and modify all terms of the mortgage with the debtor.
The sale will be conducted to confirmation that the sale is not prohibited under the U.S. Bankruptcy code and to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of Grantee, the above described property is in the possession of Adam C. Polvi and will be sold subject to the outstanding ad valorem taxes and/or assessments, and prior superior liens, if any.
Gary B. Cloy, Attorney at Law for The First State Bank As Attorney in Fact for Adam C. Polvi
Gary B. Cloy, Attorney at Law, 35 Griffin Street, McDonough, Georgia 30253, (770) 957-9022
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Notice of Sale Under Power, Georgia, Lamar County
By virtue of Power of Sale contained in Deed to Secure Debt (“Security Deed”) from Adam C. Polvi (“Grantor”) to The First State Bank (“Grantee”), dated June 29, 2006, recorded June 30, 2006 in Deed Book 283, Page 260, Lamar County, Georgia Records, said Security Deed being given to secure a Note of even date, as modified in the original principal amount of Forty-Nine Thousand Five Hundred Fifty-Eight and 50/100 Dollars ($49,558.50), with interest from date at the rate as provided therein on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Lamar County, Georgia, within the legal hours of sale on the first Tuesday in August, 2011, the following described property to wit:
All that tract or parcel of land lying and being in Land Lot 164 of the 7th Land District of Lamar County, Georgia, being known as Lot 8 and containing 3.21 acres as shown on that certain plat of survey entitled “Survey for A.S. Pritts”, dated February 15, 1999 by Stanley L. Colwell, GRLS No. 2806 as recorded in Plat Book 14, Page 4, in the Office of the Clerk of Superior Court of Lamar County, Georgia. This plat, together with its metes, bounds, courses and distances, is hereby incorporated by reference herein and made a part hereof.
Property Address: Lot 8 Crawford Road, Barnesville, GA 30204
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, failure to comply with the terms of the Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Ronnie Burch, P.O. Box 928, Stockbridge, Georgia 30281, telephone number 770-474-7293, has full authority to negotiate, amend and modify all terms of the mortgage with the debtor.
The sale will be conducted to confirmation that the sale is not prohibited under the U.S. Bankruptcy code and to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of Grantee, the above described property is in the possession of Adam C. Polvi and will be sold subject to the outstanding ad valorem taxes and/or assessments, and prior superior liens, if any.
Gary B. Cloy, Attorney at Law for The First State Bank As Attorney in Fact for Adam C. Polvi
Gary B. Cloy, Attorney at Law, 35 Griffin Street, McDonough, Georgia 30253, (770) 957-9022
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Notice of Sale Under Power, Georgia, Lamar county
This is an attempt 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 John Rivers to New Century Mortgage Corporation, dated September 23, 2005, recorded in Deed Book 545, Page 156, Lamar County, Georgia records, as last transferred to Deutsche Bank National Trust Company, as Trustee under pooling and servicing agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Inc. Trust 2006-NC3 by assignment recorded or to be recorded, Lamar County, Georgia records conveying the after-described property to secure a Note in the original principal amount of One Hundred Fifty-Three Thousand Six Hundred and 00/100 Dollars ($153,600.00); 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 August 2011 the following described property:
That certain tract or parcel of land lying and being in Land Lot 226 of the 2nd District, of Lamar County, Georgia; and being Tract “B-1”, totaling 5.00 acres as shown in the plat of survey for John Rivers dated August 9, 2005, prepared by Kenneth Edward Presley, Registered Land Surveyor No. 1327, and more particularly described as follows:
Beginning at an iron pin on the common land lot line which forms the eastern boundary line of Land Lot 223 and the western boundary line of Land Lot 226, which pin is located a distance of 1314.91 feet south along said common land lot line from the south right-of-way of Hoyt Road, being the point of beginning, and proceeding as follows:
1. North 90 degrees 00’OO” East 153.58 feet to a point, thence;
2. South 01 degrees 27’48” west 193.67 feet to a point;
3. North 90 degrees 00’00” east 595.41 feet to a point, thence;
4. South 62 degrees 06’49” east 319.64 feet to a point, thence;
5. South 64 degrees 52’46” east 224.61 feet to a point, thence;
6. South 70 degrees 57’44” east 81.65 feet to a point, thence;
7. South 81 degrees 57’35” east 75.86 feet to a point, thence;
8. South 02 degrees 33’25” west 50.23 feet to a point, thence;
9. North 81 degrees 57’35” west 85.47 feet to a point, thence;
10. North 70 degrees 57’44” west 89.12 feet to a point, thence;
11. North 64 degrees 52’46” west 228.47 feet to a point, thence;
12. North 62 degrees 06’49” west 134.03 feet to a point, thence;
13. South 79 degrees 10’12” west 364.16 feet to a point, thence;
14. South 90 degrees 00’00” west 538.17 feet to a point, thence;
15. North 01 degrees 27’48” east 393.73 feet to the point of beginning, according to the plat of survey for John Rivers dated August 9, 2005, prepared by Kenneth Edward Presley, Registered Land Surveyor No. 1327. A copy of the plat is attached as Exhibit “B”.
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: Ocwen Loan Servicing LLC, Attention: Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. 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 parties in possession of the property are John Rivers or a tenant or tenants and said property is more commonly known as 474 Mckenzie Rd., Milner, GA 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.
Deutsche Bank National Trust Company, as trustee under pooling and servicing agreement dated as of April 1, 2006 Morgan Stanley ABS Capital I Inc. Trust 2006-NC3 as Attorney in Fact for John Rivers
Weissman, Nowack, Curry & Wilco, PC, Attn: Ocwen Team, One Alliance Center, 3500 Lenox Road, Atlanta, GA 30326
Our File# 007601
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Notice of Sale of Realty
Notice is hereby given that pursuant to the power of sale contained in the security deed, executed and delivered on August 22, 2002, by Theodore L. Simmons and Judith Lynn Simmons, as grantor, to The First National Bank of Barnesville, as grantee, transferred and assigned to United Bank and recorded in Deed Book 384, page 162, of the Superior Court records of Lamar County, Georgia, granting the property hereinafter described as collateral for the payment of the indebtedness secured thereby, and by virtue of default in the payment of the indebtedness therein mentioned, which has made the aforesaid power of sale operative and effective, the undersigned, as attorney in fact for Theodore L. Simmons and Judith Lynn Simmons, will sell at public outcry before the courthouse door in Barnesville Lamar County, Georgia, on the first Tuesday in August, 2011, during the legal hours of sale to the highest and best bidder, for cash, the property described in said security deed, to-wit:
All that tract or parcel of land, together with all improvements thereon, lying and being on the west side of Atlanta Street in the City of Barnesville, Lamar County, Georgia, and being designated as Lot 14 in Block 5 of the Akins Heights Subdivision, as shown and described on a certain plat of survey prepared by C. R. Hughes, and recorded in Plat Book 1, page 185, Lamar County Superior Court records.
Said plat, together with the metes, bounds, courses and distances as shown thereon, is hereby incorporated by reference and made a part hereof as fully as if set out herein.
Notice, as required by law, has been given of intention to enforce the collection of attorney’s fees as set out in the note evidencing the indebtedness secured by the aforesaid security deed and this sale will be made for the purpose of paying all indebtedness, secured by the aforesaid security deed, and all expenses of sale, including attorney fees.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
This June 24, 2011.
Beck, Owen & Murray, Attorneys, Griffin, Ga.
United Bank as Attorney-in-Fact for Theodore L. Simmons and Judith Lynn Simmons
Kathy Pippin, P. O. Box 757, Griffin, Ga. 30224, 770/412-4941
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Notice of Sale of Realty
Notice is hereby given that pursuant to the power of sale contained in the security deed, executed and delivered on March 16, 2005, by Theodore L. Simmons, as grantor, to The First National Bank of Barnesville, as grantee, transferred and assigned to United Bank, and recorded in Deed Book 515, page 287, of the Superior Court records of Lamar County, Georgia, granting the property hereinafter described as collate [Full Story »]