Houston daily journal. (Perry, GA) 2006-current, September 28, 2006, Section B, Page 9B, Image 17

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9B I * THURSDAY, SEPTEMBER 28, 2006 ItlO MSCfIUNEIIS User is debtor and Christopher Allen Benton El © (tm)SM(r) is Secured Party, and wherein User pledges all of User's assets, land, consumer goods, farm products, inventory, equipment, money, investment prop erty, commercial tort claims, letters of credit, letter-of-credit rights, chat tel paper, instruments, deposit ac counts, accounts, documents, and general intangibles, and all User's interest in all such foregoing prop erty, now owned and hereafter ac quired, now existing and hereafter arising, and wherever located, as collateral for securing User's con tractual obligation in favor of Se cured Party for User's unauthorized use of Secured Party's common-law-copyrighted / trade-name / trade-mark / service-mark / registered / security agreement property; (3) consents and agrees with Secured Party's fil ing of a UCC Financing Statement in the UCC filing office, as well as in any county recorder's office, wherein User is debtor and Christo pher Allen Benton El © (tm)SM(r) is Secured Party, (4) consents and agrees that said UCC Financing Statement described above in para graph "(3)" is a continuing financing statement, and further consents and agrees with Secured Party's filing of any continuation statement neces sary for maintaining Secured Party's perfected security interest in all of User's property and interest in prop erty, pledged as collateral in this Se curity Agreement and described above in paragraph "(2)" until User's contractual obligation therefore in curred has been fully satisfied; (5) consents and agrees with Secured Party's filing of any UCC Financing Statement, as described above in paragraphs “(3)" and "(4)", as well as the filing of any notice of com mon-law copyright / trade-name / trade-mark / service-mark / regis tered / security agreement, as de scribed above in paragraph "(2)", in the UCC filing office, as well as in any county recorder's office; (6) con sents and agrees that any and all such filings described in paragraphs "(4)” and "(5)" above are not, and may not be considered, bogus, and that User will not claim that any such filing is bogus; (7) waives all de fenses; and (8) appoints Secured Party as Authorized Representative for User effective upon User's de fault re User's contractual obliga tions in favor of Secured Party as set forth below under "Payment Terms" and "Default Terms,” grant ing Secured Party full authorization and power for engaging in any and all actions on behalf of User includ ing, but not limited by, authentication of a record on behalf of User, as Se cured Party, in Secured Party's sole discretion, deems appropriate, and User further consents and agrees that this appointment of Secured Party as Authorized Representative for User; effective upon User's de fault, is irrevocable and coupled with a security interest. User further consents and agrees with all of the following additional terms of Self-executing Contract / Security Agreement in Event of Unauthor ized Use: Payment Terms: In ac cordance with fees for unauthorized use of common-law copyrighted / trade-name / trade-mark / service-mark / registered / security agreement CHRISTOPHER ALLEN BENTON © (tm)SM(r) as set forth above, User hereby consents and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of the date User is sent Secured Party's in voice, hereinafter "Invoice," itemiz ing said fees. Default Terms: In event of non-payment in full of all unauthorized-use fees by User within ten (10) days of date Invoice is sent, User shall be deemed in de fault and: (a) all of User's property and property pledged as collateral by User, as set forth in above in paragraph "(2)," immediately be comes, i.e. is, property of Secured Party; (b) Secured Party is ap pointed User's Authorized Repre sentative as set forth above in para graph "(8);" and (c) User consents and agrees that Secured Party may take possession of, as well as other wise dispose of in any manner that Secured Party, in Secured Party's sole discretion deems appropriate, including, but not limited by, sale at auction at any time following User's default, and without further notice, any and all of User's property and interest, described above in para graph “(2)," formerly pledged as col lateral by User, now property of Se cured Party, in respect of this "Self-executing Contract / Security Agreement in Event of Unauthorized Use," that Secured Party, again in Secured Party's sole discretion, deems appropriate. Terms for Cur ing Default: Upon event of default, as set forth above under "Default Terms," irrespective of any and all of User's former property and interest in property, described above in paragraph "(2)," in the possession of, as well as disposed of by, Se cured Party, as authorized above under "Default Terms," User may cure User's default only re the re mainder of User's said former prop erty and interest property, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, Secured Party within twenty (20) days of date of User's default only by payment in full. Terms of Strict Foreclosure: User's non-payment in full of all un authorized use fees itemized in in voice within said twenty (20) day pe riod for curing default as set forth-above under "Terms for Curing Default" authorizes Secured Party's immediate non-judicial strict foreclo mo MISCiUANEOIS sure on any and all remaining for mer property and interest in prop erty, formerly pledged as collateral by User, now property of Secured Party, which is not in the possession of, nor otherwise disposed of by, Se cured Party upon expiration of said twenty (20) day default-curing pe riod. Ownership subject to common law copyright / trade-name / trade-mark / service-mark / regis tered / security agreement property Christopher Allen Benton El © (tm)SM(r), UCC Financing State ment and Security Agreement filed with the UCC filing office. Record Owner: Christopher Allen Benton El © (tm)SM(r), Autograph Common Law Copyright(c) (tm) SM (r) 1999. Unauthorized use of "Christopher Allen Benton El" incurs same unau thorized use fees as those associ ated with CHRISTOPHER ALLEN BENTON © (tm)SM(r), as set forth above in paragraph "(1)" under "Self-executing Contract / Security Agreement in Event of Unauthorized Use." 38239 9/14 -10/5 H2O NAME CHANGES NOTICE OF PETITION TO CHANGE NAME IN THE SUPERIOR COURT OF HOUSTON COUNTY STATE OF GEORGIA In The Matter Of Name Change Of Minor Child Samuel Sayeed Nesbitt CIVIL ACTION FILE NO. 06-V-85637-L Notice is hereby given that Senior Airman Nakita E. Ford, the undersigned, filed this petition in the Superior Court of Houston County, Georgia, on the 25th day of August 2006, praying for a change in the name of her son from Samuel Sayeed Nesbitt to Samuel Sayeed Ford. Notice is hereby given pursu ant to law to any interested or af fected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition. This 18 day of August, 2006. Nakita E. Ford Petitioner Name: Nakita E. Ford Address: 113 Greenspan Way Byron, Georgia 31008 37934 9/7 - 9/28 1150 as,, STATE BOARD MEMBER TO HOLD PUBLIC HEARING OCTOBER 5, 2006 Mrs. Wanda Barrs to Host State Board of Education Third Dis trict Public Hearing The State Board of Educa tion will hold a public hearing for citi zens in the Third Congressional Dis trict on Thursday, October 5, 2006. The meeting will be held from 7-9:00 p.m. at Swainsboro High School, 689 South Main Street, Swainsboro. The purpose of the hearing is to re ceive comments from citizens and educators regarding public educa tion in the district. Mrs. Wanda Barrs, the Board's Third District rep resentative, will conduct the hearing. Persons wishing to speak should sign in upon arrival. For more infor mation contact Lynn Roberts at 404-657-7410. The Georgia Department of Education does not discriminate on the basis of disability in admis sion to, access to, or operations of its programs, sen/ices or activities. Individuals who need assistance or auxiliary aids for participation in this public forum are invited to make their needs known to Ms. Roberts at (404)657-7410. 38378 9/21 - 9/28 Notice of Rezoning City of Perry Georgia Notice is hereby given: the Perry City Council will hold a public hearing on Tuesday, October 3, 2006 at 6:00 p.m. in the Perry City Hall for the purpose of receiving any comments relative to a rezoning petition. You requested to rezone 1.019 acres from City of Perry R 3, Multi-Family Residential District to City of Perry IN, Institutional District for property located at 1040 Morn ingside Drive and described as fol lows: All that tract or parcel of land situate, lying and being in Land Lot 81 of the 10th Land District, Houston County, Georgia and being known and designated as Parcel "A", containing 1.019 acres as is more particularly shown on a plat of survey prepared by Richard L. Jones, Georgia Registered Land Surveyor, dated October 29, 1998 and recorded in Plat Book 53, Page 209, Clerk's Office, Houston Supe rior Court. Said Plat and recorded copy thereof is hereby made a part of this description by reference thereto for all purposes. 38233 9/14 & 9/28 1150 SSSIScs Notice of Rezoning City of Perry Georgia Notice is hereby given: the Perry City Council will hold a public hearing on Tuesday, October 3, 2006 at 6:00 p.m. in the Perry City Hall for the purpose of receiving any comments relative to a rezoning petition. This petition requests to Rezone and Annex 66.55 acres from Houston County R-AG, Resi dential Agricultural District to City of Perry PUD, Planned Unit Develop ment for property located off Thomp son Road and described as follows: Beginning at the intersec tion of the northern right of way of U.S. Highway 341 with the western boundary of Walker Farm Subdivi sion Phase I, per a plat by Jones Surveying Company, from said point, running N01d00'00"W along the boundary of 100' Georgia Power Company Easement and the prop erty that now or formerly belongs to Grimes for a distance of five hun dred eighteen and ninety nine hun dredths (518.99') feet to a point, thence running N01d00’00"W along the boundary of the 100' Georgia Power Company easement and the property that now or formerly be longs to Grimes for a distance of two thousand eight hundred eighty three and nineteen hundredths (2,883.19') feet to the point of beginning for Phase 11, thence running in a north erly direction for a distance of plus or minus five hundred sixty seven and fifty nine hundredths (567.59') feet to a point, thence running in an easterly direction for a distance of plus or minus two hundred eight and fifty nine hundredths (±208.59') feet to a point, thence running in a north erly direction for a distance of plus or minus one thousand thirteen and ten hundredths (±1,013.10') feet to a point, thence running in a easterly direction along the southern right of way of Thompson Road for a dis tance of plus or minus one thousand seven hundred forty eight and sev enty two hundredths (±1,748.72) feet to a point, thence running along the western right of way of Interstate 75 in a southerly direction for a distance of plus or mi nus one thousand five hundred thirty four and sixty two hundredths (±1,534.62') feet to a point along the existing boundary survey from the Jones Surveying Company plat, thence running SBBds2'oo"W for a distance of one thousand two hun dred one and ninety three hun dredths (1,201.93') feet to a point, thence running 587d26‘52“W for a distance of eight hundred one and sixty three hundredths (601.63') feet to the said point of beginning of phase II subdivision of Walker Farm. 38229 9/14 & 9/28 Notice of Rezonlng City of Perry Georgia Notice is hereby given: the Perry City Council will hold a public hearing on Tuesday, October 3, 2006 at 6:00 p.m. in the Perry City Hall for the purpose of receiving any comments relative to a rezoning petition. This petition requests to Rezone 44.367 acres from City of Perry R 2 & R 3, Two-Family Resi dential District and Multi-Family Residential District to City of Perry PUD, Planned Unit Development and Rezone & Annex 41.0 acres from Houston County R 2 & R 3, Two-Family Residential District and Multi-Family Residential District to City of Perry PUD, Planned Unit De velopment District. Total acreage of 85.367 acres is located at the south west corner of Lake Joy Road & Sandefur Road and described as follows: Tract No. 1 (Rezoning) All that tract or parcel of land situate, lying and being in Land Lot 121 of the 10th Land District, Houston County, Georgia, and being known and designated as Tract "W 1", containing 34.082 acres, and Tract "W 2", containing 10.285 acres as shown on a plat of survey pre pared by Theodore W. Waddle, Jr., Registered Land Surveyor No. 2139, dated August 18, 2004, a copy of said plat is on file with the Commu nity Development Department for the City of Perry, Georgia. Tract No. 2 (Rezoning & Annexa tion) All that tract or parcel of land situate, lying and being in Land Lot 121 of the 10th Land District, Houston County, Georgia, and being known and designated as Tract "W 3", comprising 22.283 acres, and Tract "W 4", comprising 18.717 acres, according to a plat of survey prepared by Theodore W. Waddle, Jr., Registered Land Surveyor No. 2139, dated July 25, 2006, a copy of said plat is on file with the Commu nity Development Department for the City of Perry, Georgia. 38230 9/14 & 9/28 Notice of Rezoning City of Perry Georgia Notice is hereby given: the Perry City Council will hold a public hearing on Tuesday, October 3, 2006 at 6:00 p.m. in the Perry City Hall for the purpose of receiving any comments relative to a rezoning petition. This petition requests to re zone and annex a total of 17.409 acres located on the northeast cor ner of Valley Drive & Perry Park way. The request is to Rezone and Annex 16.551 acres from Houston County R-AG, Residential Agricul tural District to City of Perry R 3, Multi-Family Residential District and City of Perry C 2, General Commer cial District and rezone 0.858 acres "so HL, from City of Perry Rl, Single-Family Residential District to City of Perry C 2, General Commercial District. The proposed zoning for this prop erty within the City of Perry is 2.00 acres of C 2, General Commercial District and 15.409 acres of R 3, Multi-Family Residential District and described as follows: Tract 1 All that tract or parcel of land situate, lying and being in Land Lot 2 of the 9th Land District, Hous ton County, Georgia, and being known and designated as Parcel "A", containing 0.858 acres accord ing to a survey prepared by Richard L. Jones dated September 30,1996, a copy of which is recorded in Map Book 50, Page 47, 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. Tract 2 All that tract or parcel of land situate, lying and being in Land Lot 2 of the 9th Land District, Hous ton County, Georgia, and being known and designated as Tract 1, containing 16.551 acres according to a survey prepared by Lee R. Jones dated September 13, 1995, a copy of which is recorded in Map Book 47, Page 87, 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. 38231 9/14 & 9/28 1160 Sff? Petition of Jessie Harris for Leave to Sell Property of Estate of Christopher C. Plump, Deceased. To: Geneva Coleman 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 October 16, 2006. Be Fur ther notified: All objections to the pe tition must be in writing, setting forth the grounds of any such objections. 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. Witness, The Honorable Janice D. Spires, Judge By: Carol Hurst, Clerk, Houston County Probate Court 38527 9/21 -10/12 NOTICE HOUSTON COUNTY PROBATE COURT Faye Tharpe Sparrow has petitioned to be appointed Adminis trator of the estate of Frances Tharpe, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of cer tain powers contained in O.C.G.A. §53-12-232. 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 be fore on October 23, 2006. If any ob jections are filed, a hearing will be scheduled at a later date. If no ob jections are filed, the petition may be granted without a hearing. WITNESS THE HONORABLE JANICE D. SPIRES By: Michelle L. Elvins, Clerk 38669 9/28 -10/19 NOTICE HOUSTON COUNTY PROBATE COURT The petition of Patricia A. Patterson, for year's support from the estate of Richard L. Patterson, deceased, for decedent's surviving spouse, having been duly filed, all interested person are herby notified to show cause, if any they have, on or before October 10, 2006, why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sen tence. 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. WITNESS, the Honorable Janice D. Spires Michelle L. Elvins, Clerk 38235 9/14-10/5 NOTICE HOUSTON COUNTY PROBATE COURT Carla Adamar has peti tioned to be appointed Administrator of the estate of April Leshay NeS mith, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain pow ers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before on October 10, 2006. 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. WITNESS THE HONORABLE JANICE D. SPIRES By: Michelle L. Elvins, Clerk 38237 9/14 -10/5 tl9O IMMUS ADVERTISEMENT OF TAX SALE STATE OF GEORGIA COUNTY OF HOUSTON CfTY OF WARNER ROBINS There will be sold before the Council Chambers in said City of Warner Robins, Georgia, between the legal hours of sale, on the first Tuesday in October 2006 the following property: All that tract or parcel of land situ ated. lying and being in Land Lot 191, Fifth Land District of Houston County, Georgia, being known and designated as Lot 28, of a subdivi sion known as Lewis Highlands, ac cording to a plat of survey of said subdivision, a copy of which is of re cord in Plat Book 2, Page Number 457, Clerk's Office, Houston Supe rior Court. Said recorded plat is in corporated herein by reference for all purposes. Or as much thereof as will satisfy certain city tax fifa(s) for the year(s) 2004 and 2005 as levied on as the property of Larry Jordan, and notice to a said levy given to him (a tenant in possession, if any) W 39 EOO7 - 310 BERNARD DR This 25th of August, 2006 Carolyn Robbins City Clerk City of Warner Robins 478-929-113 37870 9/7 - 9/28 ADVERTISEMENT OF TAX SALE STATE OF GEORGIA COUNTY OF HOUSTON CITY OF WARNER ROBINS There will be sold before the Council Chambers in said City of Warner Robins, Georgia, between the legal hours of sale, on the first Tuesday in October 2006 the follow ing property: All that tract or parcel of land situated, lying and being in Land Lot 193, Fifth Land District of Houston County, Georgia, being known and designated as Parcel 10, containing 0.455 acres, Bay Ct Sub division, Plat Book 34, Page 27. Less and Except: Parcel No 2 con taining o.oß9acres, as shown on a Plat of Property of Willie B. Mobley, according of which is of record in Map Book 21, Page Number 103, and convey by the deed at Deed Book 608, Page 151, Clerk's Office, Houston Superior Court, Clerk's Of fice, Houston Superior Court. Said recorded plat is incorporated herein by reference for all purposes. Or as much thereof as will satisfy certain city tax fifa(s) for the year(s) 2004 and 2005 as levied on as the property of JAMES H & LULA MAE WALKER, and notice to a said levy given to him (a tenant in pos session, if any) W 35 AOl5 - 310 BAY ST This 25th of August, 2006 Carolyn Robbins City Clerk City of Warner Robins 478-929-1133 37871 9/7 - 9/28 12Q0 TMH NJUNE AFFIDAVIT TO REGISTER A TRADE NAME GEORGIA HOUSTON COUNTY PERSONALLY AP PEARED BEFORE ME, Lindsay Conley WHO ON OATH DEPOSES AND SAYS THAT ADDRESS: 800 Leisure Lake Dr-Apt 8-A, Warner Robins, GA 31088 IS DOING BUSINESS IN HOUSTON COUNTY, GEORGIA AT (same as above) UNDER THE NAME AND STYLE OF Mobile Klean. THE BUSINESS TO BE CARRIED ON IS mobile car detail ing. THIS AFFIDAVIT IS MADE IN ACCORDANCE WITH ACT OF THE GEORGIA LEGISLA TURE APPROVED AUGUST 15, 1929 AND AMENDED MARCH 20, 1943 AND MARCH 29, 1987. Lindsay Conley SIGNATURE OF APPLICANT SWORN TO AND SUBSCRIBED BEFORE ME THIS 11th DAY OF September, 2006. Sharon K. Clayton NOTARY PUBLIC 38361 9/21 - 9/28 NOTICE OF PUBLICATION Notice is hereby given that the business operated at 900 Russell Pkwy, Warner Robins, Georgia 31088, in the trade name of TERRY HOLMES FORD LINCOLN MERCURY, is owned and carried on by WARNER ROBINS FORD LIN COLN MERCURY, INC. whose ad dress is 900 Russell Pkwy, Warner Robins, GA. 31088, and that state ment relating thereto required by O. Sec. 10-1-490, has been filed with the Clerk of the Superior Court of Houston County, Georgia. Lawrence E. O'Neal, Attorney for Warner Robins Ford Lincoln Mer cury, Inc. MARTIN, SNOW, O'NEAL & LONG 311 Margie Drive P. Box 730 Warner Robins, GA. 31099 478/953-4557 38528 9/21 - 9/28 HOUSTON DAILY JOURNAL NOTICE OF SALE Because of Default regarding 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 et. seq„ Clerk's Office, Houston County Superior Court; and the undersigned, Deborah 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 undersigned 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 District of Houston County, Georgia, being known and designated as Lot 11, Pershing Place Subdivision, according 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 incorporated 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 undersigned as Attomey-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 applied to the payment of said indebtedness, the expenses of said sale, all as provided in said deed to secure 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, P.C. Post Office box 8099 Warner Robins, GA 31095- 8099 (478)922-3010 37880 9/7 - 9/28 Great Deals Free AD for items under SSO Call 987-1823 for details