Houston daily journal. (Perry, GA) 2006-current, October 12, 2006, Section B, Page 4B, Image 12

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THURSDAY, OCTOBER 12, 2006 4B 1060 mi .. DAVID MICHAEL LEWIS, 314 Sher wood Blvd.. Byron, Ga. arrested for DUI by the Houston County Sheriff's Department on October 9, 2005 at 9:40 p.m. on Houston Lake Rd in Houston County, Ga. After a plea of guilty on August 10, 2006 was sen tenced to a fine of $1,526.00, 30 days community service, 12 months probation and 10 days in jail. 39473 10/12 HABITUAL VIOLATOR EDWARD TROY STRICKLAND, 1113 Morningside Dr., Perry, Geor gia arrested for DUI on September 17, 2005 by the Georgia State Patrol at 2:48 a.m. on Russell Parkway in Houston County, Ga. After a plea of guilty on August 10, 2006 was sen tenced to 12 months jail and de clared habitual violator. 39474 10/12 Jr 4jfaHHß 2nd DUI IN FIVE YEARS KENNETH RAY GAINOUS, 122 Heard Rd., Bonaire, Georgia, ar rested for DUI by the Warner Robins Police Department on November 4, 2005 at 12:15 p.m. on Greenbriar Rd. in Warner Robins, Ga. After a plea of guilty on July 31, 2006 was sentenced to a fine of $2,226.00, 30 days community service, 12 months probation, 10 days jail. 39475 10/12 1080 FORECLOSURES NOTICE OF SALE Because of default in pay ment of indebtedness secured by a deed to secure debt executed by JUDY F. KERSEY to CB&T BANK OF MIDDLE GEORGIA, dated Feb ruary 8, 2002, and recorded in Deed Book 2008, Pages 164-173, Clerk s Office. Houston Superior Court, the undersigned CB&T BANK OF MID DLE GEORGIA, pursuant to the power of sale contained in said se curity deed, will, on the first Tuesday in November, 2006, during the legal hours of sale, at the courthouse door in Perry, Houston County, Georgia, sell at public outcry to the highest and best 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 239 of the Fourteenth Land Dis trict, Houston County, Georgia, com prising 1.00 acres, as more particu larly shown on a plat of survey des ignated "Survey for Charlie T. Ker sey, Sr." , prepared by Richard L. Jones, Surveyor, on March 10, 1982, a copy of said plat being of re cord in Map Book 24, Page 268, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto. Said property is located at 2900 Highway 41 South, Elko, GA 31025 Said property will be sold subject to all easements, restrictions and the outstanding ad valorem taxes and/or assessments, if any. To the best of the under signed's knowledge and belief, JUDY F. KERSEY is in possession of the property. A deed will be made by the undersigned to the purchaser at said sale. The proceeds of said sale will be applied as provided in said deed to secure debt. CB&T BANK OF MIDDLE GEOR GIA as Attorney in fact for JUDY F. KERSEY DANIEL, LAWSON, TUGGLE & JERLES, LLP POST OFFICE BOX 89 PERRY, GEORGIA 31069 39435 10/12-11/2 NOTICE OF SALE UNDER POWER GEORGIA HOUSTON COUNTY By virtue of a Power of Sale contained in that certain Secu rity Deed from Kerry L. Coleman to Alliance Funding, a division of Supe 1080 fmicumris rior Bank FSB, dated September 22, 2000, recorded in Deed Book 1598, Page 60, Houston County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of THIRTY THOUSAND AND 00/100 DOLLARS ($30,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and trans ferred to Wells Fargo Bank Minne sota, National Association as Trus tee for certificate holders of EMC Mortgage Loan Trust 2002-A, Mort gage Loan Pass-Through Certifi cates, Series 2002-A, 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 Novem ber 2006 the following described property: All that tract or parcel of land situate, lying and being in Houston County, Georgia and being known and designated as Lot 1, Block "C", of a subdivision of the Ed ward Bryant Property, according to a plat of record in Plat Book 9, Page 137, Clerk's Office, Houston Supe rior Court. Said lot has such size, shape and dimensions as shown on said plat which by reference thereto is made a part hereof. This is the same property conveyed to Kerry L. Coleman by deed of record in Deed Book 1552, Page 273, said clerk's office. Said property is conveyed subject to Right of Way Deeds to Department of Transportation, of re cord in Deed Book 681, Page 478 and Deed Book 681, Page 481, said clerk's office. "The Grantor Borrower represents, covenants, warrants, and agrees the manufactured home located on the land, (Serial #H201948G) was formerly person alty but is now and forever to remain on the land and has been perma nently affixed to the land described herein so as to become part of the land; and all associated additions (wells, septic tank, deck, driveway, walkways, patio, carport, garage, etc. as applicable) are intended to be permanent improvements to said real estate and are to be governed by all terms and conditions of t(jis Security Deed, with all rights thereto appertaining. The manufactured home on the date of execution of the Security Deed has been or will be permanently affixed to the realty and is intended by the Grantor to be a fixture and a part of the real estate. The Grantor shall apply for home stead exemption and have the prop erty taxed as real property at the earliest possible date. Any failure to make such application shall consti tute a default hereunder by the Grantor borrower. Said property is com monly known as 100 Oasis Ave nue, 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 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, in cluding 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 un dersigned, the party in possession of the property is Kerry L. Coleman or tenant(s). WELLS FARGO BANK MINNE SOTA, NATIONAL ASSOCIATION AS TRUSTEE FOR CERTIFICATE HOLDERS OF EMC MORTGAGE LOAN TRUST 2002-A, MORTGAGE LOAN PASS-THROUGH CERTIFI CATES, SERIES 2002-A as Attor ney in Fact for KERRY L. COLE MAN Contact: Krystal Kelly (ext.) Morris, Schneider & Prior, L.L.C. 1587 Northeast Expressway Atlanta, GA 30329 (770)234-9181 MSP File No. 066.0616925\KNK Ad Run Dates: 10/12/06, 10/19/06, 10/26/06, 11/02/06 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. 3828910/12-11/2 NOTICE OF SALE UNDER POWER CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF Houston Pursuant to a power of sale contained in a certain security deed executed by Joseph B. McLeod, hereinafter referred to as Grantor, to Fairfield Financial Serv ices, Inc. recorded in Deed Book 1080 FMICIOSMES 2099, beginning at page 256, of the deed records of the Clerk of the Su perior Court of the aforesaid state and county, and by virtue of a de fault in the payment of the debt se cured by said security deed, the un dersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note se cured thereby) will sell before the door of the courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in November, 2006, the property which, as of the time of the execution of said security deed, was described as set forth in the at tached Exhibit "A". EXHIBIT "A”: All that tract or parcel of land situate, lying and being in Land Lot 187 of the Tenth Land Dis trict of Houston County, Georgia, known and designated as Lot 5, Block "B\ Section No. 3, Phase No. 1, of a subdivision known as Pilgrim Rest, according to a plat of survey of said subdivision prepared by Clements Surveying Co., Inc., certi fied by Walter G. Clements, Georgia Registered Land Surveyor No. 1967, dated December 19, 1995, a copy of which is of record in Map Book 48, Page 52, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. The above-described prop erty is conveyed subject to Protec tive Covenants as contained in in strument of record in Deed Book 1187, Pages 372-382; amended at Deed Book 1188, Pages 270-271, Clerk's Office, Houston Superior Court; also subject to an easement for drainage and utility purposes over, upon and across the rear ten (10) feet of subject property and to a five (5) foot maintenance and utility easement along the front line of sub ject property as shown on the afore said recorded plat of survey. Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of re cord, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspec tion of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstand ing or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property. To the best of the un dersigned's knowledge and belief, the party in possession of the prop erty is believed to be Joseph B. McLeod. Georgia Housing and Finance Authority, As Transferee and As signee, As attorney-in-fact for the aforesaid Grantor Raymond S. Martin Attorney at Law 990 Hammond Drive Suite 800 One Lakeside Commons Atlanta, Georgia 30328 (770)392-0041 THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 3863010/12-11/2 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Jump, Corey Because of a default in the payment of the indebtedness se cured by a Security Deed executed by Corey N. Jump to Bank of Perry dated October 10, 2003, and re corded in Deed BOok 2775, Page 168, HOUSTON County Records, said Security Deed having been last sold, assigned, transferred and con veyed to Alaska Seaboard Partners Limited Partnership, A Delaware lim ited partnership, by Assignment se curing a Note in the original principal amount of $88,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebted ness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, November 7, 2006, 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 situate, lying and being in Land Lot 7 of the 11th Land District of Houston County, Georgia, being known and designated as Lot 2, Piney Grove Estates Subdivision, according to a plat of a survey pre pared by Clements Surveying Co., Inc. dated May 4, 1998 and re corded in Plat Book 53, Page 118, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby incorpo rated for all purposes. Together with all improve ments constructed upon, affixed to or located upon the above described real property, including without limi tation any residential dwelling lo cated upon or to be located thereon, which dwelling is or may be manu factured home, as herein below de scribed to be real estate (the "Manu factured Home"): Year: 1998 Make: HBOS Model: 3719, 28x76 Serial Number 0W62563A8. Grantor covenants and agrees that any sale or change in possession of the real estate herein IMOfukcusmes described , or any part thereof with out the written consent of the grantee, shall at the election of the grantee, constitute a default here under and render the entire indebt edness secured hereby immediately due and payable. Said property is known as 103 Hedgerow Lane, Kathleen, GA 31005. 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 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 set 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 Corey N. Jump, the property, to the best information, knowledge and belief of the under signed, being presently in the pos session of Corey N. Jump, 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. Alaska Seaboard Partners Limited Partnership, A Delaware limited partnership as Attorney-in-Fact for Corey N. Jump File no. 05-1229 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770)220-2730/DDK www.swertfeaer.net “THE LAW FIRM IS ACT ING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR POSE. 39391 10/12-11/2 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 Lisa Lawson and Michael D. Lawson to Mortgage Electronic Registration Systems, Inc., dated September 6, 2005, re corded in Deed Book 3561, Page 275, Houston County, Georgia Re cords, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND FOUR HUNDRED SEVENTY AND 0/100 DOLLARS ($93,470.00), 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 November, 2006, the following de scribed property: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT ’A': All that or parcel of land lying and being in Land Lot 8, 11th Land District, Houston County, Georgia, described as lot number nineteen (19) of Piney Grove Subdi vision, Addition 3, more particularly described by that certain plat of sur vey prepared by Carl Story, GRLS, dated March 7, 1964, recorded in Plat Book 9, Page 68, Houston County Land Records. Said plat of survey and record thereof by refer ence made a part hereof for a more accurate description of said prop erty. This is the same property conveyed by quitclaim deed from Gussie Mae Lawson and Michael D. Lawson and Lisa Lawson dated June 3, 2005, recorded in Deed Book 3445, Page 317, said records. Subject to easeway, right of way, surveys, protective cove nants, limitations and restriction af fecting and said property of record, said records. There is located on the property hereinabove described and conveyed a manufactured home more particularly described as a 2005 Fleetwood, 76 x 30, serial number GAFL47SA/876430-AVII, and by agreement of the parties hereto, is affixed to the above de scribed land in such a manner as to constitute a fixture pursuant to O.C.G.A. 44-1-6(a), as amended, and has as of the date hereof be come a part of the real property herein described. Accordingly, said home is to be treated and taxed as an improvement to real property for ad valorem tax purposes and the owner thereof agrees to apply for homestead exemption or take other applicable steps to ensure taxation of said home as real property at the earliest possible dated under the laws of the State of Georgia. It being the unconditional and absolute in tention that the manufactured hous ing as last described shall remain 1080FMECUMMS permanently attached in its place on the realty as hereinafter described. NOTE: The above referenced manufactured home will be con veyed to and taxed as real property by filing form T-234 with the above referenced county's Clerk of Supe rior Court with the original certificate of title forwarded to the Georgia De partment of Motor Vehicle for retire ment. 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 Lisa Lawson and Michael D. Law son or a tenant or tenants and said property is more commonly known as 301 Piney Grove Road, Kath leen, Georgia 31047. 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. Mortgage Electronic Registration Systems, Inc. as Attorney in Fact for Lisa Lawson and Michael D. Lawson McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ek 11/7/06 Our file no. 51997206-FT4 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. 39418 10/12- 11/2 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 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 Novem ber, 2006, the following described property: SEE EXHIBIT 'A' AT TACHED 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 HOUSTON DAILY JOURNAL 1080 FMfCLfMfKS is Ranslah M. Martin or a tenant or - tenants and said property is more commonly known as 206 Todd Cir cle, Warner Robins, Georgia 31068. 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 c final confirmation and audit of the 'j 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 yyyywJoreclosurs.h9tline.jiet MR/mam 11/7/06 Our file no. 51041305-FTS J THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING' TO COLLECT A DEBT. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 39429 10/12-11/2 NOTICE OF SALE Because of default in pay ment of indebtedness secured by a ' deed to secure debt executed by WENDELL J. KERSEY to CB&T BANK OF MIDDLE GEORGIA, dated November 17, 1995, and re- ‘, corded in Deed Book 1182, Pages 176-177, Clerk's Office, Houston Superior Court, the undersigned , CB&T BANK OF MIDDLE GEOR GIA, pursuant to the power of sale contained in said security deed, will, on the first Tuesday in November, 2006, during the legal hours of sale, at the courthouse door in Perry, Houston County, Georgia, sell at public outcry to the highest and best bidder for cash the property de scribed in said deed, to-wit: That certain tract or parcel of land situate, lying and being in the 14th Land District of Houston i County, Georgia, and being more , particularly described as follows: j BEGINNING at a point on U. S. > Highway 41, which is the west line, of Land Lot 239, corner to land now ; or formerly of Poole and Pierce; ’ thence along the line now or for- < merly of Pierce South 81 degrees - East 253 feet to a point; thence > South 43 feet to a point; thence ■ South 81 degrees East 364 feet to a , point; thence South parallel with the , west line of Land Lot 239 for a dis-• tance of 620 feet to a point; thence at a right angle in a westerly direc-, tion for a distance of 665 feet, more - or less, to a point on the westerly > right of way line of U. S. Highway i 41, thence North along the westerly ; right of way line of U. S. Highway 41 > for a distance of 660 feet, more or, less, to the point of beginning. Said , described property contains ten (10), acres, more or less, and is a part of that property described in a deed, from Mrs. B. H. Newberry to C. T.; Kersey dated January, 1952, and re corded in Deed Book 74, Page 417, Clerk's Office, Houston Superior t Court. The portion herein conveyed lies in the northwest corner of that* tract conveyed by deed recorded in, Deed Book 74, Page 417, Clerk's > Office, Houston Superior Court. Said property is located at, 2836 Highway 41 South, Elko, GA , 31025 I Said property will be sold subject to all easements, restrictions and the outstanding ad valorem, taxes and/or assessments, if any. To the best of the under- ? signed's knowledge and belief,, WENDELL J. KERSEY is in posses-, sion of the property. A deed will be made byt the undersigned to the purchaser at, said sale. The proceeds of said sale t will be applied as provided in said 1 deed to secure debt. i CB&T BANK OF MIDDLE GEOR-. GIA as Attorney in fact for WEN DELL J. KERSEY DANIEL, LAWSON, TUGGLE &. JERLES, LLP POST OFFICE BOX 89 PERRY, GEORGIA 31069 , 39432 10/12- 11/2 NOTICE OF SALE Because of default in pay- * ment of indebtedness secured by a deed to secure debt executed by WENDELL J. KERSEY to CB&T' BANK OF MIDDLE GEORGIA,; dated November 17, 1995, and re corded in Deed Book 1182, Pages 176-177, Clerk's Office, Houston Superior Court, the undersigned CB&T BANK OF MIDDLE GEOR GIA, pursuant to the power of sale contained in said security deed, will, on the first Tuesday in November, 2006, during the legal hours of sale, at the courthouse door in Perry, Houston County, Georgia, sell at public outcry to the highest and best bidder for cash the property de scribed in said deed, to-wit: That certain tract or parcel of land situate, lying and being in the 14th Land District of Houston County, Georgia, and being more particularly described as follows: BEGINNING at a point on U. S. Highway 41, which is the west line of Land Lot 239, corner to land now or formerly of Poole and Pierce; thence along the line now or for merly of Pierce South 81 degrees East 253 feet to a point; thence South 43 feet to a point; thence South 81 degrees East 364 feet to a point; thence South parallel with the west line of Land Lot 239 for a dis tance of 620 feet to a point; thence at a right angle in a westerly direc tion for a distance of 665 feet, more