Monroe County Reporter
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Public Notices
Notice, Probate Court of Lamar County
Re: Petition of J. Edward Trice Jr. to probate in solemn form the will of Louise Goddard Lanier, deceased, which an order for service was granted by this court on Nov. 4, 2010.
TO: Al Burnette, Martha Burnette, all interested parties and all and singular the heirs of said decedent, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before December 6, 2010.
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 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 below address/phone 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, P.O. Box 6, 326 Thomaston Street Barnesville, GA 30204, (770) 358-5155
Mallory & Trice, LLP, P.O. Drawer 832, Thomaston, GA 30286, (706) 647-1842
(11-9)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Wayne C. Dawson, 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 4th day of Nov., 2010.
Earl Dawson, 447 Piedmont Road, Barnesville, Ga. 30204
(11-9)(4)(p)gpn7
Notice: Georgia, Upson
All debtors and creditors of the estate of William Frederick Berner, 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 us.
This 28th day of October, 2010.
William Frederick Berner, Jr., Executrix, William Frederick Berner, Deceased, 591 Country Kitchen Rd., Barnesville, GA 30204
Mark M. Irvin, Attorney at Law, LLC, P.O. Box 632, Thomaston, GA 30286, 706-646-5100 (11-9)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Miriam Joyce Lassiter Evans, 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 29th day of Oct., 2010.
Trina E. Blocker, 363 Oliver Road, Barnesville, Ga. 30204
(11-2)(4)(p)gpn7
In the Probate Court of Lamar County, State of Georgia
In Re: Estate of Barron Virgil Bevil, Deceased
Estate No. 7658
Petition by personal representative for waiver of bond and/or grant of certain powers
Notice
William Larry Bevil has petitioned for waiver of bond and/or for the grant of certain powers contained in O.C.G.A. §53-12-261 in regard to the above estate. 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 Nov. 22, 2010. 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 address/telephone number listed below for the required amount of filing fees.) If any objections are filed, the Petition maybe denied or 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 Street, Barnesville, Ga. 30204, 770-358-5155
(10-26)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Ben F. Harris, 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 19th day of Oct., 2010.
Diane Brinkley, 209 LaFayette St., Barnesville, Ga. 30204 (10-26)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Angelo Ace, 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 14th day of Oct., 2010.
Rene A. Waters, Personal Representative, 130 Aldora St., Barnesville, Ga. 30204
(10-19)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Violet Vivian Johnson, deceased, 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 13th day of Oct., 2010.
Bobby York, Maureen York, Executors, 107 Honeysuckle Lane, Barnesville, Ga. 30204
(10-19)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Jimmie Burousas 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 required to make immediate payment to the undersigned.
This the 12th day of Oct., 2010.
James Carl Waller, Jr., 287 Johnstonville Rd., Barnes-ville, Ga. 30204
(10-19)(4)(p)gpn7
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 Jack (L.)Barksdale to United Bank dated February 4, 2005, and recorded in Deed Book 511, Pages 290-294, 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 December, 2010 (Dec. 7, 2010) the following described property:
See Exhibit “A” attached hereto for legal description of property which is known as Nos. 405 & 407 Atlanta Street, Barnesville, GA 30204.
Exhibit "A"
All that tract or parcel of land lying and being in the City of Barnesville, Lamar County, Georgia, the same being a house and lot situated on the eastern side of Atlanta Street in said City, and being more fully described as being Lots 5 & 6 in Block 6 in the Aiken Heights Subdivision in said City, all as shown upon a certain plat of survey thereof prepared by C. R. Hughs, C. B., and recorded in Plat Book 1, Page 185, 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.
The aforesaid lots are contiguous and compose one tract which fronts 100 feet on the easterly margin of Atlanta Street and runs back in an easterly direction 215 feet on its northerly line and 205 feet on its southerly line to a rear width of 80 feet.
This is the same property which was conveyed to Douglas S. Cherry from Frances Olena Hendrix (f/k/a Frances Olena Chapman) by warranty deed dated July 11, 1997, and recorded in deed book 215, page 148, said records.
This property is known as No. 405 Atlanta Street according to the present house numbering system in use in said City.
Also, All that tract or parcel of land lying and being in the City of Barnesville, Lamar County, Georgia, the same being a house and lot situated on the eastern side of Atlanta Street in said City, and being more fully described as being Lot 7 in Block 6 in the Aiken Heights Subdivision in said City, all as shown upon a certain plat of survey thereof prepared by C. R. Hughs, C. E., and recorded in Plat Book 1, Page 185, 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.
This is the same property which was conveyed to Douglas S. Cherry from Sidney L. Chapman by warranty deed dated July 11, 1997, and recorded in deed book 215, page 147, said records.
This property is known as No. 407 Atlanta Street according to the present house numbering system in use in said City.
The debt secured by said security deed and the note/s 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 Jack Lee Barksdale.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid Jack (L.) Barksdale (Jack Lee Barksdale), 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 Dr., Barnesville, GA 30204, Phone: (770)358-1188
(11-9)(4)(p/b)(ts)(aff)gpn11
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 Jean E. Brinkley to United Bank dated December 30, 2004, and recorded in Deed Book 506, Pages 225-229, 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 December, 2010 (Dec. 7, 2010) the following described property:
See Exhibit "A" Attached hereto for legal description of property which is known as No. 473 Piedmont Road, Barnesville, Ga. 30204.
Exhibit "A"
All that tract or parcel of land lying and being in Land Lots 42 and 43, 8 Land District of Lamar County, Georgia, and shown on a plat of survey prepared by J. Wayne Proctor, Sr. and Associates, Inc. for Ollie Joe Torbert, as Tract "A" containing 0.52 acre and Tract "B" containing 0.48 acre, dated August 22, 1969 and revised August 9,1974. Said real property is more particularly described as follows: Beginning at an iron pin at the common corners of Land Lots 42, 43, 54, & 55, 8th Land District and running thence South 89 degrees 23 minutes East a distance of 2065.6 feet to an iron pin, point of beginning of property herein conveyed, running thence South 57 degrees 44 minutes West a distance of 10.9 feet to an iron pin; thence running North 54 degrees 09 minutes West a distance of 335.9 feet to an iron pin; thence running North 39 degrees 08 minutes East a distance of 124.1 feet to an iron pin; thence running North 39 degrees 08 minutes East a distance 25.2 feet to an iron pin; thence running South 48 degrees 16 minutes East a distance of 342.9 feet to an iron pin; thence running South 57 degrees 44 minutes West a distance of 106.7 feet to the point of beginning.
The debt secured by said security deed and the note/s 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 Jean E. Brinkley.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid Jean E. Brinkley, 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 Dr., Barnesville, GA 30204, Phone: (770)358-1188
(11-9)(4)(p/b)(ts)(aff)gpn11
Notice of Sale Under Power, Georgia, Lamar County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt given by Gale E. P. Butler to Decision One Mortgage Company, LLC, dated June 14, 2002, recorded in Deed Book 459, Page 181, Lamar County, Georgia Records, and last transferred to The Huntington National Bank, as Trustee for Franklin Mortgage Asset Trust 2009-A by assignment to be recorded, conveying the after-described property to secure a Note in the original principal amount of Forty Three Thousand Dollars ($43,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in December 7, 2010 the following described property:
All that tract or parcel of land situate, lying and being in Land Lot 197 of the 3rd District, Lamar County, Georgia, containing 1.03 acres, more or less, as shown on that certain plat of survey entitled "Property Survey for Gale E. Parks and Samuel Watts", dated January 7, 1987, prepared by Alton G. Wiggers, RLS, which plat is recorded in Plat Book 9, Page 216, Lamar County, Georgia records, which recorded plat is incorporated herein by this reference and made a part of this description. Said property being known as 605 High Falls Road according to the present system of numbering property in Lamar County, Georgia.
The debt secured by said Deed to Secured Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt 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 Deed to Secure Debt first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Gale E. P. Butler or a tenant or tenants and said property is more commonly known as 605 High Falls Road, Barnesville, Georgia 30204.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code.
The Huntington National Bank, as Trustee for Franklin Mortgage Asset Trust 2009-A, as Attorney in Fact for Gale E. P. Butler
By Attorney for The Huntington National Bank, as Trustee for Franklin Mortgage Asset Trust 2009-A
Heath W. Williams, LLC, 170 Mitchell Street, SW, Atlanta, Georgia 30303 (404) 525-5204, (404) 581-3801 (fax)
(11-9)(4)(ts)(aff)(x)gpn11
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 41, 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 December, 2010, 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 2 according to plat of survey recorded in Deed Book 9, Page 39, which plat is hereby referred to and made a part of this description.
The above described property is also known as 474 - 476 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 Citi-Mortgage, 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.
(11-9)(4)(p)(ts)(aff)gpn11
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