Newspaper Page Text
HOUSTON DAILY JOURNAL
1080 niEcusißfs
Deed Reference: Deed
Book 2220, Page 116, Houston Su
perior Court
Said property is known as
117 Valley View Drive, Warner
Robins, GA 31088, together with all
fixtures and personal property at
tached to and constituting a part of
said property, if any.
Said property will be sold
subject to any outstanding ad valo
rem 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 ac
curate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters
of record superior to the Security
Deed first s9t out above.
The sale will be con
ducted 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 Ryan Phillips, the
property, to the best information,
knowledge and belief of the under
signed, being presently in the pos
session of Ryan Phillips, and the
proceeds of said sale will be applied
to the payment of said indebtedness
and all the expenses of said sale, in
cluding attorney's fees, all as pro
vided in said Deed, and the balance,
if any, will be distributed as provided
by law.
Washington Mutual Bank as Attor
ney-in-Fact for Ryan Phillips
File no. 06-4118
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770)220-2730/AP
www.swertfeaer.net
•THE LAW FIRM IS ACT
ING AS A DEBT COLLECTOR.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
37829 9/7 - 9/28
NOTICE OF SALE
Because of Default regard
ing indebtedness secured by a Deed
to Secure Debt executed by Jerry L.
Mulder and Renee M. Mulder, to
Deborah C. Mason, .dated May 25,
1995, and recorded in Deed Book
1149, Page-513 qt. seq., Clerk's Of
fice, Houston bounty Superior
Court; and the undersigned, Debo
rah C. Mason, having declared the
entire amount of said indebtedness
due and payable in accordance with
the terms of said Deed and the Note
secured thereby; and pursuant to
the Power of Sale contained in said
Deed, there will be sold by the un
dersigned at public outcry before the
courthouse door in Houston County,
Georgia, on Tuesday, October 3,
2006, within the legal hours of sale,
to the highest bidder for cash, the
following described property, to wit:
All that tract or parcel of
land situate, lying and being in Land
Lot 121 of the Fifth (sth) Land Dis
trict of Houston County, Georgia,
being known and designated as Lot
11, Pershing Place Subdivision, ac
cording to a plat of survey dated
September 3, 1993, of record in Plat
Book 44, Page 100, Clerk's Office,
Houston Superior Court. Said plat
and the record thereof are incorpo
rated herein by reference thereto for
all purposes.
Notice has been given by
the undersigned in accordance with
O.C.G.A. §44-14-162.2.
Said property will be sold
as the property of Jerry L. Mulder
and Renee M. Mulder, by the under
signed as Attorney-in-Fact for Jerry
L. Mulder and Renee M. Mulder,
subject to any and all outstanding
superior encumbrances of record,
and subject to any easements, ad
valorem taxes, assessments, unpaid
utility bills, liens, security deeds, and
such as otherwise appears in the
public records of Houston County.
The proceeds of said sale will be ap
plied to the payment of said indebt
edness, the expenses of said sale,
all as provided in said deed to se
cure debt, and the balance, if any,
will be distributed as provided bylaw.
To the best of the undersigned's
knowledge, information and belief,
equitable title to this property is held
by Renee M. Mulder.
Deborah C. Mason, as
Attorney-In-Fact for Jerry L. Mulder
and Renee M. Mulder.
G.E. Bo Adams
Varner & Adams, PC.
Post Office box 8099
Warner Robins, GA 31095-8099
(478)922-3010
37880 9/7 - 9/28
NOTICE OF SALE
UNDER POWER
GEORGIA
HOUSTON COUNTY
Under and by virtue of the
Power of Sale contained in a Secu
rity Deed given by Juanita M. Bryant
to Mortgage Electronic Registration
Systems, Inc., dated February 28,
2003, recorded in Deed Book 2424,
Page 156, Houston County, Georgia
Records, as last transferred to
Chase Home Finance LLC by as-
1080 micusMis
signment to be recorded in the Of
fice of the Clerk of Superior Court of
Houston County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of ONE HUNDRED
ONE THOUSAND FIVE HUNDRED
AND 0/100 DOLLARS
($101,500.00). with interest thereon
as set forth therein, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of Houston County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2006, the following described prop
erty: SEE EXHIBIT 'A' ATTACHED
HERETO AND MADE A PART
HEREOF
EXHIBIT 'A': All that tract or parcel
of land situate, lying and being in
Land Lot 51 of the Tenth Land Dis
trict of Houston County, City of
Perry, Georgia containing 9002
square feet, known and designated
as Lot 2 of a survey for Steve Sto
keling, which said plat of survey is
prepared by Lee R. Jones, Georgia
Registered Land Surveyor #2630,
which said plat of survey is dated
August 7, 2001, and is recorded in
Plat Book 58, Page 107, in the office
of the Clerk of the Superior Court of
Houston County, Georgia. Said plat
and the recorded copy thereof are
hereby incorporated herein by refer
ence thereto. Said property is a por
tion of the property conveyed to
grantor herein by Deed recorded in
Deed Book 1868, Page 283, afore
said records.
The debt secured by said
Security Deed has been and is
hereby declared due because of,
among other possible events of de
fault, 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 pur
pose of paying the same and all ex
penses 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 valo
rem taxes (including taxes which are
a lien, but not yet due and payable),
any matters which might be dis
closed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above.
To the best knowledge
and belief of the undersigned, the
party in possession of the property
is Juanita M. Bryant or a tenant or
tenants and said property is more
commonly known as 1815 Macon
Road, Perry, Georgia 31069.
The sale will be con
ducted 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.
Chase Home Finance LLC as Attor
ney in Fact for Juanita M. Bryant
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ell 10/3/06
Our file no. 5565506-FT3
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
37834 9/7 - 9/28
NOTICE OF SALE
UNDER POWER
GEORGIA
HOUSTON COUNTY
Under and by virtue of the
Power of Sale contained in a Secu
rity Deed given by Grady H. Jones
to Centex Home Equity Company,
LLC, dated September 2, 2005, re
corded in Deed Book 3566, Page 1,
Houston County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of SEVENTY
THOUSAND FOUR HUNDRED
NINETY AND 0/100 DOLLARS
($70,490.00), with interest thereon
as set forth therein, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of Houston County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2006, the following described prop
erty: SEE EXHIBIT 'A' ATTACHED
HERETO AND MADE A PART
HEREOF
EXHIBIT 'A': All that tract or parcel I
of land situate, lying and being in
Land Lot 12 of the Thirteenth Land
District of Houston County, Georgia,
being known and designated as Lot
17 in Block "B" of Gwendolyn Acres
according to a plat of survey pre
pared by Richard L. Jones, Sur
veyor, dated June 22, 1982, re
corded in plat book 35, page 108,
Clerk's Office, Houston Superior
Court. Said plat and the recorded
copy thereof are incorporated herein
by reference thereto for all pur
poses.
Being the same property
conveyed to Grady H. Jones by
deed from Sue J. Melone recorded
07/24/2000 in deed book 1553 page
178, in the Office of the Clerk of the
Superior Court of Houston County,
Georgia. Tax ID 112-B-054
The debt secured by said
Security Deed has been and is
hereby declared due because of,
among other possible events of de
fault, failure to pay the indebtedness
1080 FMECIMWES
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 pur
pose of paying the same and all ex
penses 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 valo
rem taxes (including taxes which are
a lien, but not yet due and payable),
any matters which might be dis
closed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above.
To the best knowledge
and belief of the undersigned, the
party in possession of the property
is Grady H. Jones or a tenant or ten
ants and said property is more com
monly known as 130 Chris Drive,
Hawkinsvllle, Georgia 31036.
The sale will be con
ducted 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.
Nationstar Mortgage, LLC, ska Cen
tex Home Equity Company, LLC as
Attorney in Fact for Grady H. Jones
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sbl 10/3/06
Our file no. 51663406-FTIO
THIS LAW FIRM IS ACT
ING AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
37838 9/7 - 9/28
NOTICE OF SALE
UNDER POWER
GEORGIA
HOUSTON COUNTY
Because of default in the
payment of the indebtedness, se
cured by a Security Deed executed
by Oren Conley to United Mortgage
Investors, Inc. dated the 17th day of
May, 2002 in the amount of
$81,800.00, and recorded in Deed
Book 2107, Page 39, HOUSTON
County, Georgia Records as last
transferred to Washington Mutual
Bank, FA by assignment recorded in
Deed Book 2107, Page 46; the un
dersigned, Washington Mutual Bank
ska Washington Mutual Bank, FA,
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 Oc
tober, 2006, during the legal hours
of sale, at the Courthouse door in
HOUSTON 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 situate, lying and being in Land
Lot 73, sth Land District, Houston
County, Georgia, being known and
designated as Lot 6, Block "D",
Phase No. 5, American Heritage
Subdivision, according to a Plat of
Survey prepared by Scarborough
Land Surveys, Inc., dated March 21,
2002, Recorded in Plat Book 47,
Page 201, Clerk's Office, Houston
Superior Court. Said Plat and the re
corded copy thereof are herein in
corporated by reference for all pur
poses.
which has the property ad
dress of 127 Ticonderoga Drive,
Byron, GA., together with all fix
tures and other personal property
conveyed by said deed.
The sale will be held sub
ject to any unpaid taxes, assess
ments, rights-of-way, easements,
protective covenants or restrictions,
liens, and other superior matters of
record which may affect said prop
erty.
The sale will be con
ducted 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 Oren Conley and
the proceeds of said sale will be ap
plied to the payment of said indebt
edness, 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.
Washington Mutual Bank ska Wash
ington Mutual Bank, FA Attorney in
Fact for Oren Conley
Anthony DeMarlo, Attorney/lw
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdvcandler.com
File No. 200506423/FHA
THIS LAW FIRM IS ACT
ING AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE.
37942 9/7 - 9/28
NOTICE OF SALE
1080 niicusiKS
UNDER POWER
GEORGIA
HOUSTON COUNTY
Under and by virtue of the
Power of Sale contained in a Secu
rity Deed given by Ranslah M. Mar
tin to Mortgage Electronic Registra
tion Systems, Inc., dated October 1,
2004, recorded in Deed Book 3178,
Page 153, Houston County, Georgia
Records, as last transferred to Wells
Fargo Bank, N.A. by assignment to
be recorded in the Office of the
Clerk of Superior Court of Houston
County, Georgia Records, convey
ing the after-described property to
secure a Note in the original princi
pal amount of EIGHTY-ONE THOU
SAND SEVEN HUNDRED SEVEN
TEEN AND 0/100 DOLLARS
($81,717.00), with interest thereon
as set forth therein, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of Houston County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2006, the following described prop
erty: SEE EXHIBIT A' ATTACHED
HERETO AND MADE A PART
HEREOF
EXHIBIT ’A’: All that tract or parcel
of land situate, lying and being in
Land Lot 171 of the Fifth (sth) Land
District of Houston County, Georgia,
and in the City of Warner Robins,
known and designated as the East
83 feet of Lot 19, Block "C", Section
No. 2, Phase No. 1, of a Subdivision
known as Country Club Hills, ac
cording to a plat of survey of said
subdivision which is of record in Plat
Book 11, Page 96, Clerk's Office,
Houston Superior Court. Said plat
and the recorded copy thereof are
hereby made a part of this descrip
tion by reference thereto for all pur
poses.
The debt secured by said
Security Deed has been and is
hereby declared due because of,
among other possible events of de
fault, 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 pur
pose of paying the same and all ex
penses 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 valo
rem taxes (including taxes which are
a lien, but not yet due and payable),
any matters which might be dis
closed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above.
To the best knowledge
and belief of the undersigned, the
party in possession of the property
is Ranslah M. Martin or a tenant or
tenants and said property is more
commonly known as 206 Todd Cir
cle, Warner Robins, Georgia
31088.
The sale will be con
ducted 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.
Wells Fargo Bank, N.A. as Attorney
in Fact for Ranslah M. Martin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mio 10/3/06
Our file no. 51041305-FTS
THIS LAW FIRM IS ACT
ING AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
37851 9/7 - 9/28
NOTICE OF SALE
UNDER POWER
GEORGIA
HOUSTON COUNTY
By virtue of a Power of
Sale contained in that certain Secu
rity Deed from Rodney Jones to
Long Beach Mortgage Company, A
Depaware Corporation, dated March
28, 2006, recorded in Deed Book
3795, Page 173, Houston County,
Georgia Records, said Security
Deed having been given to secure a
Note of even date in the original
principal amount of FOUR HUN
DRED EIGHTY-NINE THOUSAND
SIX HUNDRED AND 00/100 DOL
LARS ($489,600.00) with interest
thereon as provided for therein,
there will be sold at public outcry to
the highest bidder for cash before
the courthouse door of Houston
County, Georgia, within the legal
hours of sale on the first Tuesday in
October 2006 the following de
scribed property:
All that tract or parcel of
land situate, lying and being in Land
Lot 118 of the sth Land District of
Houston County, Georgia, being
known and designated as Lot 14,
Block E, a resubdivision of Lots 14
and 15, Block E, Section 5, Phase 2,
Mill Pond Subdivision, according to
a re-subdivision plat of survey pre
pared by Story Clark & Associates,
dated April 15, 2004, said plat being
of record in Plat Book 62, Page 155,
Clerk's Office, Houston County Su
perior Court. Said plat and the re
cord thereof are incorporated herein
by reference for all purposes.
This conveyance and the
warranties hereinafter contained are
made subject to any and all restric-
1080nnciisiMs
tioris, easements, covenants and
rights of way affecting said de
scribed property in addition to Re
strictive Covenants as contained in
instrument of record in Deed Book
18§1, Pages 105-106, Clerk's office,
Houston Superior Court.
Said property is com
mohly known as 106 Carriage Run,
Warner Robins, GA 31088
The indebtedness se
cured by said Security Deed has
been and is hereby declared due
because of default under the terms
of said Security Deed and Note, in
cluding but not limited to the non
payment of the indebtedness as and
when due. The indebtedness re
maining in default, this sale will be
made for the purpose of paying the
same, all expenses of the sale, in
cluding attorney's fees and all other
payfnents provided for under the
terriis 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 zbning ordinances; matters which
would be disclosed by an accurate
survey or by an inspection of the
property; any outstanding taxes, in
cluding but not limited to ad valorem
taxed, 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
othet matters of record superior to
said Security Deed. To the best of
the knowledge and belief of the un
dersigned, the party in possession
of the property is Rodney Jones or
tenaht(s).
LONG BEACH MORTGAGE COM
PANY, A DELAWARE CORPORA
TION as Attorney in Fact for ROD
NEY JONES
Confect: Uniti Jones (ext. 1377)
Morris, Schneider & Prior, L.L.C.
1587 Northeast Expressway
Atlanta, GA 30329
(770)234-9181
MSP File No. 381.0614783\UAJ
Ad Run Dates: 9/7/06, 9/14/06,
9/21/06 & 9/28/06
Web Site: http://www.msplaw.com
THIS LAW FIRM IS AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
37110 9/7 - 9/28
NOTICE OF FORECLOSURE
GEORGIA
HOUSTON COUNTY
Under the powers con
tained in a certain Deed to Secure
Debt, dated the 6th day of July,
1990 and recorded in Deed Book
886, Page 252, Clerk's Office, Hous
ton County Superior Court from
WARREN KEITH KIRBY and LINDA
MARTIN KIRBY to JARED A.
TEBBfeN and STACEY C. TEBBEN,
there will be sold during the legal
hours of sale on the first Tuesday in
October, 2006, before the Court
house Door of the Houston County
Courthouse, Perry, Georgia, at pub
lic outcry to the highest and best
bidder for cash the following de
scribed property:
All that tract or parcel of
land situate, lying and being in Land
Lot 163 of the Fifth Land District of
Houston County, Georgia, known
and designated as Lot 28, Block "P,"
Sectioh 3, Phase 2, of a subdivision
known as CANTERBURY ES
TATES, according to a plat of sur
vey of said subdivision prepared by
Theodbre W. Waddle, Surveyor,
dated December 10, 1973, a copy of
which is of record in Map Book 17,
Page 54, Clerk's Office, Houston
Superior Court. The property is
known as 312 Gawin Drive, Warner
Robins, GA.
The above-described prop
erty is conveyed subject to Restric
tive Covenants as contained in in
strumeht of record in Deed Book
429, Pages 368-373, Clerk's Office,
Houston Superior Court; also, sub
ject to an easement for drainage
and utility purposes over, upon, and
across the rear or southerly ten (10)
feet of said property as shown on
the aforesaid recorded plat of sur
vey.
Default having occurred
under the terms of the Note Secured
by said Deed to Secure Debt, and
the holder thereof having elected to
declare the entire debt due and pay
able, the power of sale contained in
said Deed to Secure Debt has be
come Operative. Sale will be held,
deed fnade, and the proceeds
thereof distributed in strict compli
ance with the terms of said Deed to
Secure Debt.
The property will be sold
as the property of WARREN KEITH
KIRBY and LINDA MARTIN KIRBY,
who, to the best of the under
signed's knowledge and belief, are
the parties in possession of said
property' or tenant(s).
Notice has been given to
WARREN KEITH KIRBY and LINDA
MARTINI KIRBY by certified mail to
their last known address of the in
tention to enforce provisions for col
lection 6f attorney's fees and all the
expenses of said sale after the pay
ment of said indebtedness, all as
provided in said Deed.
The sale will be held and
conveyahce made subject to Ad va
lorem taxes for the year 2006 and
prior years, the right of redemption
of any taxing authority, any matters
which might be disclosed by an ac
curate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordinances,
restrictiohs, covenants, and matters
THURSDAY, SEPTEMBER 21, 2006 *
lOOOfnccusiies
of record superior to the Deed first
set out above.
JARED A. TEBBEN and STACEY
C. TEBBEN, AS
ATTORNEY-IN-FACT FOR WAR
REN KEITH KIRBY and LINDA
MARTIN KIRBY
c/o F. Bradford Wilson, Jr.
ADAMS, HEMINGWAY & WILSON,
LLP
544 Mulberry Street, Suite 1000
P.O. Box 1956
Macon, GA 31202-1956
(478)743-4601
37857 9/7 - 9/28
NOTICE OF SALE
UNDER POWER
GEORGIA
HOUSTON COUNTY
Under and by virtue of the
Power of Sale contained in a Secu
rity Deed given by D. Elaine Smith
to Mortgage Electronic Registration
Systems, Inc., dated October 15,
2002, recorded in Deed Book 2265,
Page 113, Houston County, Georgia
Records, as last transferred to Na
tional City Mortgage Company by
assignment recorded in Deed Book
2692, Page 150, Houston County,
Georgia Records, conveying the af
ter-described property to secure a
Note in the original principal amount
of ONE HUNDRED
TWENTY-SEVEN THOUSAND
SEVENTY-EIGHT AND 0/100 DOL
LARS ($127,078.00), 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 Houston County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2006, the following described prop
erty: SEE EXHIBIT 'A' ATTACHED
HERETO AND MADE A PART
HEREOF
EXHIBIT 'A': All that tract or parcel
of land situate, lying and being in
Land Lot 88 of the Fifth Land District
of Houston County, Georgia, known
and designated as Lot 24, Block “A",
of a Subdivision known as The Vil
lage, Phase No. 2, Addition N 0.3, a
Subdivision of the development
known as Eagle Springs, according
to a plat of survey prepared by Wad
dle & Company, certified by Theo
dore W. Waddle, Jr., Georgia Regis
tered Land Surveyor No. 2139,
dated November 7, 2001, a copy of
which is of record in Map Book 58,
Page 118, Clerk's Office, Houston
Superior Court. Said plat and the
recorded copy thereof are hereby
made a part of this reference thereto
for all purposes.
The above-described prop
erty is conveyed subject to Declara
tion of Covenants, Conditions and
Restrictions of record in Deed Book
1427, Pages 198-229; amended at
Deed Book 1434, Pages 29-31;
re-recorded at Deed Book 1509,
Pages 675-677; further amended at
Deed Book 1509, Pages 575-577;
further amended at Deed Book
1528, Pages 675-678, further
amended at Deed Book 2225,
Pages 141-143, Clerk's Office,
Houston Superior Court; also, sub
ject to an easement for utility pur
poses over, upon and across the
Northwesterly and Easterly lines of
subject property as shown on the
aforesaid recorded plat of survey.
The debt secured by said
Security Deed has been and is
hereby declared due because of,
among other possible events of de
fault, 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 pur
pose of paying the same and all ex
penses 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 valo
rem taxes (including taxes which are
a lien, but not yet due and payable),
any matters which might be dis
closed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above.
To the best knowledge
and belief of the undersigned, the
party in possession of the property
is D. Elaine Smith or a tenant or ten
ants and said property is more com
monly known as 101 Old Field
Court, Centerville, Georgia 31028.
The sale will be con
ducted 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.
National City Mortgage, Inc. ska Na
tional City Mortgage Company as
Attorney in Fact for D. Elaine Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lae 10/3/06
Our file no. 52135103-FTIO
THIS LAW FIRM IS ACT
ING AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
37945 9/7 - 9/28
Notice of Sale
6B