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Public Notices
State of Georgia, County of Lamar
All creditors of the estate of Betty June Smith, deceased, late of Lamar County Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 10th day of Oct., 2011.
Jesse Smith, Personal Representative, 112 Springcreek Rd., Thomaston, GA 30286.
(10-18)(4)(p)
State of Georgia, County of Lamar
All creditors of the estate of Annie Maude Fletcher, 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 11 day of Oct., 2011.
Frank Fletcher, Personal Respresentative, 100 - 3rd St., Barnesville, GA 30204.
(10-18)(4)(p)gpn10
State of Georgia, County of Lamar
All creditors of the estate of Betty Lou Hudson White, 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 6th day of October, 2011.
Harold Andrew Hudson, 1163 Peachtree Battle Avenue, Atlanta, GA 30327.
(10-11)(4)(x)gpn10
State of Georgia, County of Lamar
All creditors of the estate of Webster Edmond Sage, 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 Sept., 2011.
William Edmond Sage & Kenneth Lee Sage, 195 Howard Road, Barnesville, GA 30204.
(9-27)(4)(p)gpn10
State of Georgia, County of Lamar
All creditors of the estate of Andrew Jackson 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 27th day of Sept., 2011.
Elizabeth A. White, 164 Mill Street, Barnesville, Ga. 30204.
(10-4)(4)(p)gpn10
Notice, Georgia, Lamar County Probate Court
To: All Interested Parties
has petitioned for Laurie Luann Cauthen to be appointed Administrator(s) of the estate of Michael David Cauthen, 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 Oct. 24, 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.
Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, GA 30204, 770-358-5155.
Karen K. Martin, 408 Thomaston Street, P.O. Box 358, Barnesville, GA 30204, 770-358-0764.
(9-27)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Jeanette Diane Phillips, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 27th day of Sept., 2011.
Carlton White, 119 S. 6th Street Extension, Milner, Ga. 30257. (10-4)(4)(p)gpn10
State of Georgia, County of Lamar
All creditors of the estate of Mary S. Neuner, 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 Sept., 2011.
Samuel S. Neuner & Donald F. Neuner, 8025 Mount Tabor Road, Cumming, Ga. 30028
(9-27)(4)(p)gpn10
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 Andrea D. Attaway and Rowland M. Attaway to Mortgage Electronic Registration Systems, Inc. dated December 7, 2005, and recorded in Deed Book 556, Page 191, Lamar County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, NA, by Assignment , securing a Note in the original principal amount of $114,800.00, 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, November 1, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that Tract or Parcel of land lying and being in the City of Barnesville, Lamar County, Georgia, and in Land Lot 105 of the 7th Land District of said County, being a house and lot lying on the Eastern side of Lambdin Circle in said City and being more particularly described as Lot 4 in Block “C” of Founders Grove Subdivision as more particularly described upon a certain Plat of Founders Grove Subdivision prepared by J. Wayne Proctor, Sr., Ga. RLS No. 1328, dated April 10, 1973, as revised Nov. 4, 1974, and Recorded in Plat Book 6, Page 181, 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.
Said property is known as 105 Lambdin Circle, 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 Andrea D. Attaway and Rowland M. Attaway, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Andrea D. Attaway and Roland M. Attaway, 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, NA as Attorney-in-Fact for Andrea D. Attaway and Rowland M. Attaway
File no. 11-023980
Shapiro & Swertfeger, LLP*, Attorneys and Counselors at Law, 2872 Woodcock Blvd., Duke Building, Suite 100, Atlanta, GA 30341-3941, (770) 220-2535/KB
www.swertfeger.net
*The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(10-4)(4)(x)(ts)(aft)gpn11
Notice of Sale Under Power, Georgia, Lamar County
By virtue of a Power of Sale contained in that certain Security Deed from Ryan H. Awtry to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., dated May 20, 2005, recorded in Deed Book 524, Page 7, Lamar County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of EIighty-Two Thousand Three Hundred Forty-Nine And 00/100 Dollars($82,349.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, 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 November 2011 the following described property:
All that tract or parcel of land lying and being in Land Lot 39 of the 7th Land District of Lamar County, Georgia, lying on the northern side of Grove Street, together with all improvements thereon, and being more particularly described as Lot 212 upon a certain plat of survey entitled, “Survey for Roy Williams”, prepared by J. Wayne Proctor, Sr., GRLS 1328, dated January 17, 1969; as revised to April 27, 1973, a copy of which said plat is recorded in Plat Book 6, Page 186, Lamar County Records. Said plat together with the metes, bounds, courses, and distances as shown thereon is incorporated by reference and made a part hereof as full as if set out herein.
This property is known as No. 355 Grove Street, according to the present system in use in Lamar County, Georgia.
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Ryan H. Awtry or a tenant or tenants, and said property is more commonly known as 355 Grove Street, Barnesville, Georgia 30204.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
Bayview Loan Servicing, LLC, as Attorney in Fact for Ryan H. Awtry
Contact: Dionna Squires John, The Callins Law Firm, LLC, 101 Marietta Street, Suite 1030, Atlanta, GA 30303, (404) 681-5826
File No. F10.03.021
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(10-4)(4)(x)(ts)(aff)gpn11
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by Mari Williams Blue and Isaac Blue to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for American Equity Mortgage, Inc., dated October 31, 2006 and filed for record November 10, 2006 in Deed Book 601, Page 278, Lamar County, Georgia records, and securing a Note in the original principal amount of $130,000.00; last transferred to CitiMortgage, Inc. by Assignment filed for record March 21, 2011, in Deed Book 756, Page 1, 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 November, 2011, by CitiMortgage, Inc. as Attorney-in-Fact for Mari Williams Blue and Isaac Blue the following property to-wit:
THE FOLLOWING DESCRIBED parcel of land, and improvements and appurtenances situated in the County of Lamar, State of Georgia, to-wit: ALL THAT TRACT or parcel of land lying and being in Land Lot 92 of the Third Land District of Lamar County, Georgia, containing 6.00 acres and described on that certain plat of survey entitled “Property Survey for Robert L. Williams” by Kenneth B. Presley associated dated August 8, 1979, recorded in Plat Book 8, Page 35 in the Clerk’s Office, Superior Court of Lamar County, said plat being incorporated by reference therein and hereby made a part of this description.
The above described property is also known as 123 McKneely Road, Milner, GA 30257.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Isaac Blue and Mari 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 Mari Williams Blue and Isaac Blue
Shuping, Morse & Ross, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr., 6259 Riverdale Road, Suite 100, Riverdale, Georgia 30274-1698, (770) 991-0000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(10-4)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power, State of Georgia, County of Lamar.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Sheria D. Butler and aka Sheria Butler to J.P. Morgan Chase Bank, N.A. , dated 02/19/2008, and Recorded on 02/26/2008 as Book No. 659 and Page No. 334-343, LAMAR County, Georgia records, as last assigned to jpmorgan chase bank, national association, successor by merger to Chase Home Finance LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $65,569.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the LAMAR County Courthouse within the legal hours of sale on the first Tuesday in November, 2011, the following described property:
All that tract or parcel of land lying and being in the Barnesville Militia District of Lamar County, Georgia, and being Lot Nos. 7 And 8 in Block B of the West End Subdivision. Said lots fronting 50 feet each on the west side of Johnson Street and running back to a depth of 168 feet, said lots being more fully shown on a plat of said West End Subdivision which plat was made by F. B. West Jr., dated August 16, 1946 and recorded in Plat Book 1, Page 309, Clerk’s Office, Superior Court, Lamar County, Georgia.
This being the same property described in a Warranty Deed from Patricia Ann Sealock Wilson to Wanda Hope Grover and Anna Monta Jackson, dated March 22, 2005, and recorded in Deed Book 516, Page 130, Clerk’s Office, Superior Court, Lamar County, Georgia.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: J.P. Morgan Chase Bank, National Association, Successor by Merger to Chase Home Finance LLC, 3415 Vision Drive, Foreclosure, Columbus, OH 43219, 800-848-9136.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 112 Johnson Street, Barnesville, Georgia 30204 is/are: Sheria D. Butler and aka Sheria Butler or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
JP Morgan Chase Bank, National Association, Successor by Merger to Chase Home Finance LLC as attorney in fact for Sheria D. Butler and aka Sheria Butler.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20100187437782
Barrett Daffin Frappier Levine & Block, LLP, 15000 Surveyor Boulevard, Addison, Texas 75001 Telephone: (972) 341-5398.
(10-4)(4)(x)(ts)(aff)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 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 June 29, 2011 in Deed Book 763, Page 61, 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 November, 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 known as 482-484 Grove Street, according to the present system of numbering houses in Lamar County, Georgia.
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., 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.
(10-4)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power, State of Georgia, County of Lamar
Under and by virtue of the power of sale contained in that certain Security Deed from H. J. Clark (the “Grantor”), to and in favor of State Bank & Trust Company, a Georgia banking corporation, as assignee from the Federal Deposit Insurance Corporation as Receiver for The Buckhead Community Bank, d/b/a The Hall Community Bank (the “Lender”), dated as of August 14, 2009, filed for record August 21, 2009, and recorded in Deed Book 712, Page 161, Lamar County, Georgia records, (the “Security Deed”) as assigned to Lender pursuant to that certain Receiver’s Assignment of Note and Deed to Secure Debt, dated as of May 14, 2010, and recorded on May 19, 2010, and recorded in Deed Book 731, Page 135, in aforesaid records, as further evidenced by that certain Assignment of Loan Documents, dated September 8, 2011, effective December 4, 2009, and recorded on September 13, 2011 in Deed Book 767, Page 214, in aforesaid records; securing that certain Promissory Note from the Grantor, to and in favor of Lender dated July 14, 2008, in the original principal sum of One Hundred Twenty Thousand Four Hundred Seventy-Five And 00/100 Dollars ($120,475.00) (the “Original Note”), as amended and modified by that certain Promissory Note, dated as of August 14, 2009, in the outstanding principal sum of One Hundred Twenty Two Thousand Five Hundred Twenty-Four And 80/100 Dollars ($122,524.80) executed by Grantor, in favor of Lender (the “Amended Note”; together with the Original Note, the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantors to the highest bidder for cash between the legal hours for sale before the Courthouse door in Lamar County, Georgia, on the first Tuesday in November, 2011, the following described land, buildings, improvements, fixtures, furniture and appliances and other personal property (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land, lying and being in Land Lot Nos. 7 and 8 in the 7th Land District of Lamar County, Georgia, containing 18.36 acres, more or less, and shown on a plat of survey for B.C. Trice, which plat was prepared by J. Wayne Proctor, Sr., Surveyor, dated September 28, 1972, and recorded in Plat Book 6, Page 125, Clerk’s Office, Superior Court, Lamar County, Georgia, which plat is incorporated herein by reference for a more complete description; AND
Together with any and all of the following: (i) all buildings, structures and Improvements (as defined in the Security Deed) now or hereafter located on the real property or any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all Rents (as defined in the Security Deed) accruing therefrom, whether now or hereafter due; (iv) all accounts and contract rights now or hereafter arising in connection with any part or parcel thereof or any building, structures or Improvements now or hereafter located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now or hereafter affecting the land or any buildings, structures, or Improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now or hereafter located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now or hereafter located thereon, or in or on the buildings, structures and Improvements thereon, and used in connection with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other Improvements now or hereafter located thereon or any part or parcel thereof.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantors, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owners of the Premises is the Grantor, and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
State Bank & Trust Company, as Attorney-in-Fact for H.J. Clark
Bryan S. Gershkowitz, Esq.
McCalla Raymer, LLC, Six Concourse Parkway, Suite 3200, Atlanta, Georgia 30328, 281-6531
(10-4)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power, Georgia, Lamar County
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Under and by virtue of the Power of Sale contained in a Security Deed given by Thomas R. Coffey, Jr. to Mortgage Electronic Registration Systems, Inc., dated January 3, 2008, recorded in Deed Book 654, Page 110, Lamar County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 742, Page 160, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Fifteen Thousand Seven Hundred Ten And 0/100 Dollars ($115,710.00), 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 November, 2011, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lot 108 of the 7th Land District of Lamar County, Georgia, containing 3.972 acres, lying on the northeastern side of U.S. Route No. 341, and being more particularly described upon a certain plat of survey entitled “Property Survey for Ben Anderson Estate” by Kenneth E. Presley, Ga RLS No. 1327, dated Oct. 5, 2004, and recorded in Plat Book 15, Page 142, 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 a potion of the same property which was conveyed unto Ben Anderson from J.R. Jacks by Warranty Deed dated March 19, 1954, and recorded in Deed Book 29, Page 427, said records.
MR/mm0 11/1/11 Our file no. 52624810 - FT1
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. 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 Thomas R. Coffey, Jr. or a tenant or tenants and said property is more commonly known as 1132 Highway 341 South, Barnesville, Georgia 30204. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP as Attorney in Fact for Thomas R. Coffey, Jr.
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net
MR/mm0 11/1/11 Our file no. 52624810-FT11
(10-4)(4)(x)(ts)(aff)gpn11
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by Charles F. Creswell to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Pine State Mortgage Corporation, dated January 30, 2004 and filed for record February 5, 2004 in Deed Book 459, Page 317, Lamar County, Georgia records; and supplemented by that Affidavit recorded in Deed Book 759, Page 82, Lamar County, Georgia records, and securing a Note in the original principal amount of $107,894.00; last transferred to CitiMortgage, inc. by Assignment filed for record January 23, 2009 in Deed Book 691, Page 66, 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 November, 2011, by CitiMortgage, Inc. as Attorney-in-Fact for Charles F. Creswell the following property to-wit:
ALL THAT LOT, tract or parcel of land situate, lying and being in Land Lot 62 of the 3rd Land District of Lamar County, Georgia, being more particularly shown and designated as Lot 17, 2.41 acres on that plat of survey entitled “Final Plat of Whispering Pine Trail” dated January 13, 2002, prepared by G. Tim Cockle, Ga. RLS No. 2001, a copy of which said plat is recorded in Plat Book 14, Page 356, Lamar County, Georgia Records, and which said plat together with the metes, bounds, courses and distances as shown thereon is incorporated herein and made a part of this description by reference.
The above described property is also known as 129 Whispering Pine Trail, Milner, GA 30257.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Charles F. Creswell .
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 Charles F. Creswell
Shuping, Morse & Ross, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr., 6259 Riverdale Road, Suite 100, Riverdale, Georgia 30274-1698, (770) 991-0000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
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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 Roger P. Dunson and Marsha R. Dunson to FirstMerit Bank N.A., dated May 24, 1999 and recorded in Deed Book 268, Page 98, in the Office of the Clerk of Superior Court of Lamar County, Georgia, said Security Deed having been given to secure a Note dated, May 24, 1999, in the original principal amount of One Hundred Sixteen Thousand Six Hundred Five and 00/100 Dollars ($116,605.00) with interest thereon as provided therein, having been last sold, assigned and transferred to Vanderbilt Mortgage and Finance, Inc., recorded in Deed Book 460, Page 161, 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 November 2011, regarding the following described property:
All that tract or parcel of land situate, lying and being in Land Lots 170 and 183 of the 3rd Land District, Lamar County, Georgia, containing 3.21 acres and more particularly shown and delineated as Lot 27 on a plat of survey entitled, “A Final Subdivision Plat of The Meadows at High Falls for Regional Properties, Inc.”, dated February 18, 1999, recorded in Plat Book 13, Page 493, in the Office of the Clerk of Superior Court, Lamar County, Georgia, and which said plat, together with the metes, bounds, courses and distances shown and delineated with respect to said property is incorporated into this property description as if set out fully herein.
Said property is commonly known as 312 Bell Rd. fka Lot 27 Jones Rd., Milner, GA 30257.
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 Roger P. Dunson and Marsha R. Dunson or tenant(s).
Vanderbilt Mortgage and Finance, Inc. as Attorney-in-Fact for Roger P. Dunson and Marsha R. Dunson
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.
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Notice of Sale Under Power, Georgia, Lamar County
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Under and by virtue of the Power of Sale contained in a Security Deed given by James J. Fields, Jr. and Tiffany B. Fields to Mortgage Electronic Registration Systems, Inc., dated June 17, 2005, recorded in Deed Book 529, Page 37, Lamar County, Georgia Records, as last transferred to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Seventy-One Thousand And 0/100 Dollars ($171,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia within the legal hours of sale on the first Tuesday in November, 2011, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lots 4 & 29 of the 7th Land District of Lamar County, Georgia, fronting on the eastern side of Old Milner Road, containing 3.00 acres, and being more particularly described upon a certain plat of survey entitled “Property Survey for Danny Ray Turner & Stephanie J. Turner” prepared by Kenneth E. Presley, Ga RLS No. 1327, dated September 16, 1994, and recorded in Plat Book 12, Page 276, in the Office of the Clerk of the Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully herein. Located on the above described property is a dwellings known and designated as 647 Old Milner Road, Barnesville, Georgia. AND All that lot, tract or parcel of land situate lying and being in Land Lot 29 of the 7th Land District of Lamar County, Georgia, containing 2.622 acres as shown on plat of survey entitled “Property of Fred McGhin and Brenda McGhin”, prepared by Bernhard Harper and Associates and recorded at Plat Book 13, Page 379, Lamar County Superior Court Records, which said plat with the metes, bounds, courses, and distances as shown thereon is incorporated herein and made a part of this instrument.
MR/krc1 11/1/11 Our file no. 5705611 - FT1
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, N.A., 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is James J. Fields, Jr. and Tiffany B. Fields or a tenant or tenants and said property is more commonly known as 647 Old Milner Road, Barnesville, Georgia 30204.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP as Attorney in Fact for James J. Fields, Jr. and Tiffany B. Fields
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net
MR/krc1 11/1/11 Our file no. 5705611-FT10
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State of Georgia, County of Lamar, Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Joseph Wade Grammer and Gaye Grammer to Long Beach Mortgage Company dated May 14, 2004, and recorded in Deed Book 475, Page 123, and Deed Book 708, Page 63, Lamar County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-4, by Assignment , securing a Note in the original principal amount of $210,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, November 1, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in Land Lot 8 of the 7th Land District of Lamar County, Georgia, containing 12.095 acres, lying on the eastern side of Cannafax Road, and being more particularly described as Lot 7 upon a certain plat of survey entitled “Subdivision Survey for Regional Properties, Inc. Cannafax Estates”, prepared by Gary Witherington, GA. RLS No. 1930, dated June 5, 1998, as revised July 6, 1998 and recorded in Plat Book 13, Page 400, in the Office of the Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this legal description as if set out fully herein.
Subject to all easements and restrictions of record, if any.
Said property is known as 308 Cannafax Road, Barnesville, GA 30204, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Joseph Wade Grammer and Gaye Grammer, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Joseph Wade Grammer and Gaye Grammer, 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.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-4 as Attorney-in-Fact for Joseph Wade Grammer and Gaye Grammer
File no. 09-009972
Shapiro & Swertfeger, LLP*, Attorneys and Counselors at Law, 2872 Woodcock Blvd., Duke Building, Suite 100, Atlanta, GA 30341-3941, (770)220-2535/AK
www.swertfeger.net
*The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
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Notice of Sale Under Power in Deed to Secure Debt, Assingment of Rents and Security Agreements
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Rents and Security Agreement, dated February 22, 2007, executed and delivered by Steven D. Henry (“Borrower”) to Power Lending, LLC (“Power”), and recorded in Deed Book 618, Page 166, records of Lamar County, Georgia, as assigned to The Peachtree Bank (now known as RBC Bank (USA)) (“Lender”) by that certain Transfer and Assignment of Notes, Deeds to Secure Debt and Other Collateral Loan Documents, dated March 5, 2007, and recorded in Deed Book 637, Page 277, aforesaid records (as so assigned, the “Security Deed”), Lender, as Attorney-in-Fact for Borrower, will sell 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 November, 2011, the following described property (hereinafter collectively referred to as the “Premises”):
All those certain tracts or parcels of land lying and being in Lamar County, Georgia, and being more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof
Exhibit “A”
All that tract or parcel of land lying and being in Land Lots 20 and 21, 7th District, Lamar County, Georgia, being more particularly known as Lots 1 and 12 of that certain plat of survey of the Walker Estates Subdivision prepared by Hugh Riley & Associates, dated July 29, 1994, and recorded in Plat Book 12, page 275, Office of Clerk, Lamar County Superior Court, said plat and its descriptive data are incorporated herein by reference to same.
Subject to any right of way deeds or other easements of record.
Property address: 779 Cannafax Road, Barnesville, Georgia
Parcel ID Number: 037-028
All that tract or parcel of land lying and being in Land Lots 20 and 21, 7th District, Lamar County, Georgia, and being more particularly known as Lots 11 and 13, of that certain plat of survey of the Walker Estates Subdivision prepared by Hugh Riley & Associates, dated July 29, 1994, and recorded in Plat Book 12, page 275, Office of Clerk, Lamar County Superior Court, said plat and its descriptive data are incorporated herein by reference to same.
Subject to any right of way deeds or other easements of record.
Property address: Berry Road, Barnesville, Georgia
Parcel ID Number: 038-051
(Hereinafter collectively referred to as the “Land”); (b) All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulation or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Borrower’s personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever, now or hereafter owned by Borrower and located in, on or about or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises (including any furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property that Borrower stores off of the Land), including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Borrower in and to any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien, or claim, together with the benefit of any deposits or payments now or hereafter made by Borrower or on behalf of Borrower; all trade names, trademarks, service marks, logos and goodwill related thereto which in anyway now or hereafter belong, relate or appertain to the Premises or any part thereof now or hereafter acquired by Borrower; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and a part of the Premises and between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described and to be secured by this Deed.
The location of the above-described collateral is also the location of the Land; (c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on, under or above the Land or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower; and (d) All income, rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds or insurance, condemnation payments, tenant security deposits whether held by Borrower or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Borrower of, in and to the same.
The Premises will be sold as the property of Borrower. To the best of the knowledge of Lender, the Premises is in the possession of Borrower or those claiming by, through or under Borrower.
The Premises will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Premises; and (iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority.
The Security Deed secures the indebtedness now evidenced by that certain Promissory Note dated March 5, 2007, made, executed and delivered by Borrower to Power in the original principal amount of $175,000.00, as endorsed to Lender (the “Note”), together with other indebtedness of Borrower to Lender as more particularly set forth in the Security Deed. The entire indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of said Note and the Security Deed.
The proceeds of the sale of the Premises shall be applied first to the expenses of publication, notice and sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given and hereby given), and as otherwise provided by the Security Deed.
The undersigned may sell that portion of the above-described property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the above-described property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent will be given by announcement made at the commencement of the public sale.
RBC Bank (USA) as Attorney-in-Fact for Steven D. Henry
David J. Burge, Esq.
Smith, Gambrell & Russell, LLP, 1230 Peachtree Street, Atlanta, Georgia 30309, (404) 815-3500
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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 John B. Jones to Mortgage Electronic Registration Systems, Inc., as nominee for Lehman Brothers Bank, FSB, its successors and assigns dated July 31, 2006 in the amount of $129,000.00, and recorded in Deed Book 588, Page 5, Lamar County, Georgia Records; as last transferred to Aurora Bank FSB by assignment; the undersigned, Aurora Bank FSB 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 November, 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 198 of the 3rd District of Lamar County, Georgia, containing 7.818 acres, being Lot 9 of Subdivision for Regional Properties, recorded in Plat Book 12, Page 305, Lamar County, Georgia Records, which plat is by reference incorporated herein and made a part of this description.
which has the property address of 142 Possom Trot Road, Barnesville, 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 John B. Jones 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.
Aurora Bank FSB Attorney in Fact for John B Jones
McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com
File No. 11-06728 /CONV/kgrant
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. State of Georgia, County of Lamar.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by John Todd Laney and Janet F. Laney to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Full Spectrum Lending, Inc. dated 09/13/2004, and Recorded on 10/01/2004 as Book No. 493 and Page No. 258-273, Lamar County, Georgia records, as last assigned to The Bank of New York Mellon FKA The Bank of New York as Trustee for the certificateholders of the CWABS, Inc., asset-backed certificates, Series 2004-09, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $177,429.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Lamar County Courthouse within the legal hours of sale on the first Tuesday in November, 2011, the following described property:
All that tract or parcel of land lying and being in Land Lots 47 & 48 of the 7th Land District of Lamar County, Georgia, containing 10.000 acres, together with all improvements thereon, lying on the southern side of Freeman Road, and being more particularly described upon a certain plat of survey entitled “Property Survey for John Todd Laney & Janet F. Laney” prepared by Kenneth E. Presley, Ga. RLS No. 1327, Dated Feb. 14, 1994, and recorded in Plat Book 12, Page 212, in the Office of the Clerk of Superior Court of Lamar County, Georgia.
Said plat, together with the metes, bounds, and courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully herein.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt.
Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of American, N.A., as successor by merger to BAC Home Loans Servicing, LP, PTX-C-32, Foreclosure 7105 Corporate, Plano, TX 75024, 800-669-6650.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 241 Freeman Road, Barnesville, Georgia 30204 is/are: John Todd Laney and Janet F. Laney or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
The Bank of New York Mellon FKA The Bank of New York as trustee for the certificateholders of the CWABS, Inc., asset-backed certificates, series 2004-09 as attorney in fact for John Todd Laney and Janet F. Laney.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20110031405990
Barrett Daffin Frapper Levine & Block, LLP, 15000 Surveyor Boulevard, Addison, Texas 75001, Telephone: (972) 341-5398.
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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 execu [Full Story »]
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