Entries from March 2012
Public Notices
Notice To Debtors And Creditors, State Of Georgia, County Of Lamar
All creditors of the Estate of Gary R. Horton, deceased, late of Lamar County, Georgia, are hereby notified to render in their demands by filing same with the Probate Court of Lamar County, Lamar County Courthouse, 326 Thomaston Street, Barnesville, Georgia 30204, according to law, and all persons indebted to said Estate are required to make immediate payment to the undersigned.
Dana D. Pell, Executor of the Estate of Gary R. Horton
L. Scott Mayfield, Attorney at Law, Smith, Welch, Webb & White, LLC, 404 Thomaston Street, Barnesville, GA 30204
(3-27)(4)(b)(aff)(ts)gpn7
Notice To Debtors And Creditors, Lamar County, State Of Georgia
In Re: Estate of: James Clifford Boyt
All creditors of the Estate of James Clifford Boyt, deceased, late of Lamar County, Georgia, are hereby notified to render in 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 21st day of March, 2012.
/s/Don Taliaferrio, Attorney for Personal Representative, 132 S. Hill Street, P.O. Box 829, Griffin, Ga. 30224
(3-27)(4)(p)gpn7
Notice, Georgia, Lamar County
To: All Interested Persons
The petition of Toni Dolle-Kerr, for a year’s support from the estate of Norman Richard Kerr, deceased, for decedent’s surviving spouse, having been duly filed all interested persons are hereby notified to show cause, if any they have, on or before April 16, 2012, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/obejctions, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount 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
(3-20)(4)(p)(aff)gpn17
State of Georgia, County of Lamar
All creditors of the estate of Shirley Barbara Schnecker, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 8th day of March, 2012.
Catherine Lynn Smith, Personal Representative, 209 Yellow Holly Road, Barnesville, Ga. 30204
Karen K. Martin, Attorney at Law, P.O. Box 358, Barnesville, Ga. 30204
(3-13)(4)(p)gpn7
Notice: Probate Court of Lamar County
Re: Petition of Lou Ann Ramsey to probate in solemn form the will of Helen Marie Oliver, deceased, upon which an order for service was granted by this court on Feb. 29, 2012.
Be notified further: All objections to the petition must be in writing, setting forth the grounds of any such objections. 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.
Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155.
(3-6)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Edward Weldon Stokes, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 24th day of Feb., 2012.
Gwendolyn Dixon, Personal Representative, 6532 Houston Road, Macon, GA 31216
(3-6)(4)(p)gpn7
Notice Of Sale Under Power, Lamar County
Pursuant to the Power of Sale contained in a Security Deed given by Joseph Lance to Mortgage Electronic Registration Systems, Inc. as nominee for BSM Financial, L.P. DBA Brokersource dated 9/1/2005 and recorded in Deed Book 546 Page 311, LAMAR County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in LAMAR County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 108,300.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of LAMAR County, Georgia, within the legal hours of sale on the first Tuesday in June , 2012 (June 5, 2012), the following described property:
All that tract or parcel of land lying and being situate in Land Lot 18, of the 8th District, Lamar County, Georgia, being lot 8 of Perdue Estates Subdivision, as shown on Plat recorded in Plat Book 13, Page 436, Lamar County, Georgia records, which plat is incorporated herein by reference for a more complete description.
Also included is a Mobile Home with serial #22008870 A & B, Model #MD853, which, by intention of the parties, shall constitute a part of the realty and shall pass with it.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 138 Perdue Road, Barnesville, Georgia 30204 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Joseph Lance or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Joseph Lance
Aldridge Connors, LLP, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 1000-6669227
(3-27)(10)(x)(ts)(aff)gpn11
Notice Of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by Dianna F. Logan-Vermeulen and Ryan E Vermeulen to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Primary Residential Mortgage, Inc., dated November 26, 2008 and filed for record December 8, 2008 in Deed Book 687, Page 160, Lamar County, Georgia records, and securing a Note in the original principal amount of $164,430.00; last transferred to CitiMortgage, Inc. by Assignment, filed for record in Deed Book 779, Page 214, Lamar County, Georgia records, 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 May, 2012, by CitiMortgage, Inc. as Attorney-in-Fact for Dianna F. Logan-Vermeulen and Ryan E Vermeulen the following property to-wit:
All that lot, tract or parcel of land situate, lying and being in Land Lot 2 of the Seventh Land District of Lamar County, Georgia, and shown as Lot 1 on that plat of survey recorded in Plat Book 15, Page 146, Lamar County Records, which plat is incorporated herein by reference.
Parcel ID Number: M11-005
The above described property is also known as 861 Old Milner Road, Milner, Ga 30257.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
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 Dianna F. Logan-Vermeulen and Ryan E Vermeulen
Shuping, Morse & Ross, L.L.P.
By: S. Andrew Shuping, Jr., 6259 Riverdale Road, Suite 100, Riverdale, GA 30274, 770-991-0000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(3-27)(5)(p)(ts)(aff)gpn11
Notice of Sale Under Power, Lamar County
Pursuant to the Power of Sale contained in a Security Deed given by Cavin C. Miller to American Priority Mortgage, LLC dated 7/11/2008 and recorded in Deed Book 676 Page 6, Lamar County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Lamar County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 64,960.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in April, 2012 (April 3, 2012), the following described property:
All that tract or parcel of land lying and being in Land Lot 63 of the 7th District, Lamar County, Georgia, being Tract “B2” containing 15.00 acres per plat of survey prepared for Gary McIntosh and recorded in Plat Book 9, Page 233, Lamar County Records, said plat being incorporated herein by reference hereto.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 63 & 66 of the 7th Land District of Lamar County, Georgia, containing 11.897 acres, lying on the eastern side of Silver Dollar Road, and being more particularly described upon a certain plat of survey entitled “Property Survey for Keith Johnson” by Kenneth Edward Presley, GA, RLS No. 1327, dated Sept. 28, 2004, and recorded in Plat Book 15, Page 121, in the office of the clerk of the superior Court of Lamar County, Georgia. Said plat, together with the metes and bounds, courses and distances shown thereon, is hereby incorporated into and made a part hereof as if set out fully herein.
This property is a portion of Tract “B2” (15.00 Acres) as shown upon a certain plat of survey entitled “Gary McIntosh” dated Jan. 30, 1987, and which is recorded in Plat Book 9, Page 233, said records.
Subject to all easements of record.
Excepting and reserving all that certain property known as containing 11.897 acres acquired by J. Keith Johnson from Gary L. McIntosh and Patricia G. Champion by deed dated 10/22/2004 recorded 10/26/2004 in deed Volume 496 Page 322. Excepting and reserving all that certain property known as Lot Nos. 62, 63, 64 and 67 acquired by Lamar County, Georgia from Gary L. McIntosh (Right of way Deed) by deed dated 06/18/1990 recorded 12/05/1990 in deed Volume 144 Page 460. Address; 433 Silver Dollar Rd.; Barnesville, GA 302043219 Tax Map or Parcel ID No.: 032-061
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 433 Silver Dollar Road, Barnesville, Georgia 30204 together with all fixtures and personal property attached to and constituting a part of said property, if any.
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Cavin C. Miller or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Cavin C. Miller
Aldridge Connors, LLP, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
1000-6619147
(1-31)(9)(ts)(aff)(p)gpn11
(re: 278 Van Buren Road)
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 Robert A. Aaron & Cherrie C. Aaron to United Bank dated Nov. 6, 2007, and recorded in Deed Book 651, Pages 192-196, 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 April, 2012 (April 3, 2012) the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lot 132 of the 3rd Land District of Lamar County, Georgia, lying on the northeastern side of Van Buren Road, containing 2.52 acres, and being more particularly described as PARCEL C-20 upon a certain plat of survey entitled “Survey for Georgia Woodlands, Inc.” by Brent Cunningham, Ga. RLS No. 2097, dated Dec. 7, 1987, and recorded in Plat Book 10, 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.
Subject to all easements and restrictions of record.
This is the same property which was conveyed unto Robert A. Aaron and Cherrie C. Aaron from Georgia Woodlands, Inc. by Warranty Deed dated Dec. 9, 1987, and recorded in Deed Book 129, Page 306, said records, in which the incorrect Land Lot numbers were shown as “70 and 93” rather than the correct “132”.
This property is known as No. 278 Van Buren Road, Milner, Ga. 30257, according to the present numbering system in 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 Robert A. Aaron & Cherrie C. Aaron.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid Robert A. Aaron & Cherrie C. Aaron, 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 44-14-162.2.
William D. Lindsey, Attorney for United Bank
William D. Lindsey, Attorney at Law, 342 College Dr., Barnesville, GA 30204, (770) 358-1188
(3-6)(4)(p)(b)(ts)(aff)gpn11
Sale Under Power Contained In Deed To Secure Debt, Georgia, Lamar County:
By virtue of the power and authority contained in a deed to secure debt and under the power of sale contained therein, executed by Companion Properties, LLC To United Bank, dated February 5, 2007, and of record in Deed Book 613, Page 326, in the Office of the Clerk of the Superior Court of Lamar County, Georgia, as modified by Modification Agreement dated July 30, 2008, of record in Deed Book 678, Page 74, said Clerk’s Office, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Barnesville, Lamar County, Georgia, between the legal hours of sale on the first Tuesday in April, 2012, the following described real estate, to-wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in Land Lot 186 of the 3rd Land District of Lamar County, Georgia, and being more particularly shown and distinguished as Tract 9 of Parker Branch Plantation according to a plat of survey recorded in Plat Book 12, Page 330, Clerk’s Office, Lamar County Superior Court. Said Tract 9 of Parker Branch Plantation has the metes, bounds, courses, distances and dimensions as shown on said plat.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold as the property of COMPANION PROPERTIES, LLC subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys’ fees, and the balance, if any, shall be paid over to the party or parties entitled thereto. This the 7th day of February, 2012.
United Bank As Attorney In Fact For Companion Properties, LLC
By: Kathy Pippin, Collections Manager 505 South Hill Street, Griffin, Georgia 30224, Phone No. 770-412-4941
Law Offices of David B. Dunaway, 212 West Main Street, P.O. Drawer 471, Thomaston, Georgia 30286
(3-6)(4)(ts)(aff)(p)gpn11
Sale Under Power Contained In Deed To Secure Debt, Georgia, Lamar County:
By virtue of the power and authority contained in a DEED TO SECURE DEBT and under the power of sale contained therein, executed by Companion Properties, LLC To United Bank, dated August 10, 2005, and of record in Deed Book 537, Page 66, in the Office of the Clerk of the Superior Court of Lamar County, Georgia, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Barnesville, Lamar County, Georgia, between the legal hours of sale on the first Tuesday in April, 2012, the following described real estate, to-wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in Land Lot 215 of the 3rd Land District of Lamar County, Georgia, and being more particularly known and designated as Tract C-2, containing 5.402 acres according to a plat made by Kenneth E. Presley, Ga. RLS No. 1327, which appears of record in Plat Book 9, Page 35, Clerk’s Office, Superior Court, Lamar County, Georgia. Said plat is referred to for the purpose of a more complete and accurate description of said property and is incorporated herein by reference thereto.
Said property is conveyed subject to the Georgia Power Company right of way as shown on said plat.
TOGETHER with a certain double-wide mobile home resting upon the land.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold as the property of COMPANION PROPERTIES, LLC subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys’ fees, and the balance, if any, shall be paid over to the party or parties entitled thereto. This the 7th day of February, 2012.
United Bank As Attorney In Fact For Companion Properties, LLC
By: Kathy Pippin, Collections Manager, 505 South Hill Street, Griffin, Georgia 30224, Phone No. 770-412-4941
Law Offices of David B. Dunaway, 212 West Main Street, P.O. Drawer 471, Thomaston, Georgia 30286
(3-6)(4)(ts)(aff)(p)gpn11
Sale Under Power Contained In Deed To Secure Debt, Georgia, Lamar County:
By virtue of the power and authority contained in a DEED TO SECURE DEBT and under the power of sale contained therein, executed by COMPANION PROPERTIES, LLC to UNITED BANK, dated May 26, 2006 and of record in Deed Book 578, Page 170, in the Office of the Clerk of the Superior Court of Lamar County, Georgia, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Barnesville, Lamar County, Georgia, between the legal hours of sale on the first Tuesday in April, 2012, the following described real estate, to-wit:
All that tract or parcel of land lying and being in Land Lot 216 of the Third Land District of Lamar County, Georgia, and being shown as Tract “F” containing 4.33 acres on a plat of survey prepared for S. R. Brockington by Kenneth E. Presley, Registered Land Surveyor No. 1327, said plat being dated December 17, 1971 and last revised August 1, 1979, recorded in Plat Book 8, Page 34, Clerk’s Office, Superior Court, Lamar County, Georgia; said plat being incorporated by reference herein, with this tract of land being more particularly described as follows: To arrive at the TRUE POINT OF BEGINNING begin at the common corner of Land Lots 200, 201, 216 and 217 of the Third Land District, Lamar County, Georgia; thence north 01 degree 12 minutes 04 seconds east a distance of 1510.85 feet to a point lying on the southeasterly right of way of Georgia State Route No. 36; thence north 36 degrees 03 minutes 41 seconds east along the southeasterly right of way of Georgia State Route No. 36 a distance of 1055.91 feet to the TRUE POINT OF BEGINNING. From the beginning point thus established, thence north 36 degrees 03 minutes 41 seconds east along the southeasterly right of way of Georgia State Route #36 a distance of 230.0 feet to a point; thence south 53 degrees 24 minutes 16 seconds east 836.05 feet to a point; thence south 00 degrees 16 minutes 37 seconds east a distance of 230.0 feet to a point; thence north 56 degrees 06 minutes 50 seconds west a distance of 973.0 feet to the TRUE POINT OF BEGINNING, together with all improvements attached thereon.
TOGETHER with a 1993 Horton Mobile Home, Echo Model, Serial Number H63671GLR, which is permanently attached to and made a part of the real property.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold as the property of COMPANION PROPERTIES, LLC subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys’ fees, and the balance, if any, shall be paid over to the party or parties entitled thereto.
This the 7th day of February, 2012.
United Bank as attorney in fact for Companion Properties, LLC
By: Kathy Pippin, Collections Manager 505 South Hill Street, Griffin, Georgia 30224, Phone No. 770-412-4941
Law Offices of David B. Dunaway, 212 West Main Street, P.O. Drawer 471, Thomaston, Georgia 30286
(3-6)(4)(ts)(aff)(p)gpn11
Sale Under Power Contained In Deed To Secure Debt, Georgia, Lamar County:
By virtue of the power and authority contained in a DEED TO SECURE DEBT and under the power of sale contained therein, executed by COMPANION PROPERTIES, LLC to UNITED BANK, dated February 5,,2007, and of record in Deed Book 613, Page 331, in the Office of, the Clerk of the Superior Court of Lamar County, Georgia, and, modified by Modification Agreement, dated August 19, 2008, of record in Deed Book 680, Page 65, said Clerk’s Office, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Barnesville, Lamar County, Georgia, between the legal hours of sale on the first Tuesday in April, 2012, the following described real estate, to-wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in Land Lot 92 of the 3rd Land District of Lamar County, Georgia, containing 1.96 acres as shown on plat of survey entitled “Conceptual Plan for Rick Viars”, prepared by James W. Butler, Registered Land Surveyor No. 2754, dated January 18, 2007, recorded in Plat Book 15, Page 401, Lamar County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold as the property of COMPANION PROPERTIES, LLC subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys’ fees, and the balance, if any, shall be paid over to the party or parties entitled thereto. This the 7th day of February, 2012.
United Bank As Attorney In Fact For Companion Properties, LLC
By: Kathy Pippin, Collections Manager, 505 South Hill Street, Griffin, Georgia 30224, Phone No. 770-412-4941
Law Offices of David B. Dunaway, 212 West Main Street, P.O. Drawer 471, Thomaston, Georgia 30286
(3-6)(4)(ts)(aff)(p)gpn11
Notice Of Sale Under Power Georgia, Lamar County
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Under and by virtue of the Power of Sale contained in a Security Deed given by James R. Anderson to HomeBanc Mortgage Corporation, dated June 27, 2007, recorded in Deed Book 633, Page 1, Lamar County, Georgia Records, as last transferred to M&T Bank by assignment recorded in Deed Book 777, Page 295, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Sixty-Four Thousand Nine Hundred And 0/100 Dollars ($164,900.00), 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 April, 2012, the following described property:
Exhibit “A”
All that lot, tract or parcel of land situate, lying and being in Land Lot 227 of the Second Land District of originally Pike County, now Lamar County, Georgia, and shown and designated as 2.00 acres on plat of survey entitled “Property Survey for Buzzie Morgan”, prepared by Conkle-Lane & Associates, GaRLS #2001, and recorded in Plat Book 15, Page 215, Lamar County Superior Court records. Said plat together with the metes, bounds, courses and distances shown thereon is incorporated herein and made a part hereof by reference. The above-described being known and designated as 568 McKenzie Road, Milner, Georgia.
MR/ac7 4/3/12 Our file no. 5127612 - FT15
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: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240, 800-724-1633. 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 R. Anderson or a tenant or tenants and said property is more commonly known as 568 McKenzie Road, Milner, Georgia 30257.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. This law firm is seeking solely to foreclose the creditor’s lien on real estate and this law firm will not be seeking a personal money judgment against you. M&T Bank as Attorney in Fact for James R. Anderson
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net
MR/ac7 4/3/12 Our file no. 5127612-FT15
(3-6)(4)(x)(ts)(aff)gpn11
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