Houston home journal. (Perry, GA) 2007-current, September 12, 2007, Image 23

Below is the OCR text representation for this newspapers page.

HOUSTON HOME JOURNAL 1088 niEcusißEs Houston Superior Court. Reference is also made to the plat of record in Plat Book 17, Page 150, Clerk's Of fice, Houston Superior Court. Also conveyed herewith: An undivided 0.996% interest in the common areas, recreation facilities, parking areas, streets and ease ments of the aforesaid Condomin ium. Percentage of interest may be changed from time to time as out lined in the Declaration of Condo minium. Reference is made to the Declaration of Condominium Home owners Association By-Laws and the various amendments thereto of record in Deed Book 414, Page 179 to more fully show the rights, title and interest being conveyed hereby. The said recorded plats, Declaration of Condominium, Homeowner's As sociation By-Laws and the various amendments thereto are incorpo rated herein by reference for all pur poses. This property is conveyed subject to the Declaration of Condo minium, Homeowners Association By-Laws and the various amend ments to both, and any restrictions contained therein, of record in Deed Book 414, aforesaid records. This Deed is given subject to all easements and restriction of record, if any. Deed Reference: Deed Book 1501, Page 353, Clerk's Of fice, Houston Superior Court. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney’s fees having been given). To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 103 Stonertdge Drive, Warner Robins, GA 31208 is (are): Tornetta Smith or tenant or tenants. Said property will be sold subject to (a) any outstanding ad va lorem taxes (including taxes which are a lien, but not yet due and pay able), (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, re strictions, covenants, etc. The sale will be con ducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Sec tion 9-13-172.1, which allows for certain procedures regarding the re scission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other fore closure documents may not be pro vided until final confirmation and audit of the status of the loan as pro vided in the preceding paragraph. Deutsche Bank National Trust Com pany, as Trustee for the registered holders of Bravo Mortgage Asset Trust 2006-1, Bravo Mortgage Asset Backed Pass-Through Certificates, Series 2006-1 as attorney in fact for Tornetta Smith Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404) 252-6385 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. FCO6-874 52874 9/5 • 9/26 NOTICE QF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated February 23, 2004, and recorded in Deed Book 3007, Pages 169-177 Houston County, Georgia records, said secu rity deed having been given to se cure a promissory note dated May 5, 2004, in the original principal amount of Seventy Five Thousand Dollars and no/ ($75,000.00), there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the court house of Houston County, Georgia, on the first Tuesday in October, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property described as follows to-wit: EXHIBIT A: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 34, Block H, Phase No. 3, Section No. 1, Richmond Hill Sub division, according to a plat of sur vey prepared by Story and Com pany, Inc., dated April 7, 2002, re corded in Plat Book 59, Page 62, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. 1080 raßEcusißis The debt secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said security deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the se curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney's fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52893 9/5 - 9/26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004, and recorded in Deed Book 3005, Pages 323-331 Houston County, Georgia records, said security deed having been given to secure a prom issory note dated May 5, 2004, in the original principal amount of Sev enty Five Thousand Dollars and no/ ($75,000.00), there will 'be sold by the undersigned at public outcry, during the legal hours of sale before the door of the courthouse of Hous ton County, Georgia, on the first Tuesday in October, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property de scribed as follows to-wit: EXHIBIT /\: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 36, Block H, Phase No. 3, Section No. 1, Richmond Hill Sub division, according to a plat of sur vey prepared by Story and Com pany, Inc., dated April 7, 2002, re corded in Plat Book 59, Page 62, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The debt secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said security deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the se curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney’s fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52895 9/5 - 9/26 1080 fiucusiies NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004, and recorded in Deed Book 3007, Pages 154-162 Houston County, Georgia records, said security deed having been given to secure a prom issory note dated May 5, 2004, in the original principal amount of Sev enty One Thousand Two Hundred Fifty Dollars and no/ ($71,250.00), there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the courthouse of Houston County, Georgia, on the first Tuesday in Oc tober, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property described as fol lows to-wit: EXHIBIT A: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 37, Block H, Phase No. 3, Section No. 1, Richmond Hill Sub division, according to a plat of sur vey prepared by Story and Com pany, Inc., dated April 7, 2002, re corded in Plat Book 59, Page 62, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The debt secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said security deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of. the indebtedness secured by the se curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney's fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of'the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52897 9/5 - 9/26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004, and recorded in Deed Book 3005, Pages 263-271 Houston County, Georgia records, said security deed having been given to secure a prom issory note dated May 5, 2004, in the original principal amount of Sev enty One Thousand Two Hundred Fifty Dollars and no/ ($71,250.00), there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the courthouse of Houston County, Georgia, on the first Tuesday in Oc tober, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property described as fol lows to-wit: EXHIBIT A: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 38, Block H, Phase No. 3, Section No. 2, Richmond Hill Sub division, according to a plat of sur vey prepared by Waddle and Com pany, Inc., dated August 7, 2003, re corded in Plat Book 61, Page 92, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The debt secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said security deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the se 1080 raiEcusiKs curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney's fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52899 9/5 - 9/26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004, and recorded in Deed Book 3109, Pages 130-138 Houston County, Georgia records, said security deed having been given to secure a prom issory note dated May 5, 2004, in the original principal amount of Sev enty Five Thousand Dollars and no/ ($75,000.00), there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the courthouse of Hous ton County, Georgia, on the first Tuesday in October, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property de scribed as follows to-wit: EXHIBIT A: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 39, Block H, Phase No. 3, Section No. 2, Richmond Hill Sub division, according to a plat of sur vey prepared by Waddle and Com pany, Inc., dated August 7, 2003, re corded in Plat Book 61, Page 92, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The debt secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said security deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the se curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney's fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52900 9/5 - 9/26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004, and recorded in Deed Book 3005, Pages 248-256 Houston County, Georgia records, said security deed having been given to secure a prom issory note dated May 5, 2004, in the original principal amount of Sev enty Five Thousand Dollars and no/ ($75,000.00), there will be sold by the undersigned at public outcry, 1080 mfcuuus during the legal hours of sale before the door of the courthouse of Hous ton County, Georgia, on the first Tuesday in October, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property de scribed as follows to-wit: EXHIBIT A: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 40, Block D, Phase No. 3, Section No. 1, Richmond Hill Sub division, according to a plat of sur vey prepared by Story and Com pany, Inc., dated April 17, 2002, re corded In Plat Book 59, Page 62, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The deb) secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said secfirrty deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the se curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney's fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52902 9/6 - 9/26 r 1 T\::r ■■ ■ ae .j;\y NOTICE OF SALE Because of default in pay ment of indebtedness secured by a deed to secure debt executed by JAMES L. KERSEY, JR. to THE BANK OF PERRY, dated November 17, 2006 and recorded in Deed Book 4094, Pages 142-144, Clerk's Office, Houston Superior Court, the undersigned THE BANK OF PERRY, pursuant to the power of sale contained in said security deed, will, on the first Tuesday in October, 2007 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: All that tract or parcel of land situate, lying and being in Land Lots 146 and 147 of the Thirteenth Land District , Houston County, Georgia, and being a portion of Lot 20, Baskins Branch Subdivision, Section No. 2, comprising 0.84 acres, according to a plat of survey by Richard L. Jones, Surveyor, dated March 30, 1989, and a copy of said plat being recorded in Map Book 36, Page 164, Clerk's Office, Houston County Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference thereto for all purposes. Said property is known as 1038 Old Farm Trail, Perry, Geor gia 31069. The above described prop erty will be sold subject to a deed to secure debt in favor of Mortgage .Electronic Registration Systems, Inc. dated October 10, 2006 and re corded in Deed Book 4039, Pages 263-278, Clerk' Office, Houston Su perior Court. 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, James L. Kersey, Jr., is in posses sion 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. THE BANK OF PERRY as Attorney in fact for James L. Kersey, Jr. DANIEL, LAWSON, TUGGLE & JERLES, LLP POST OFFICE BOX 89 PERRY, GEORGIA 31069 (478) 987-2622 53045 9/5 - 9/26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the WEDNESDAY, SEPTEMBER 12,2007 * 1080 FMiCIISIKS power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004, and recorded in Deed Book 3005, Pages 338-346 Houston County, Georgia records, said security deed having been given to secure a prom-* issory note dated May 5, 2004, in the original principal amount of Sev enty One Thousand Two Hundred Fifty Dollars and no/ ($71,250.00), there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the courthouse of Houston County, Georgia, on the first Tuesday in Oc tober, 2007, to-wit: October 2, 2007 to the highest and best bidder for cash the property described as fol lows to-wit: EXHIBIT A: All that tract or parcel of land lying and being in Land Lots 70 and 71, of the sth Land District, Houston County, Georgia and desig nated as Lot 41, Block H, Phase No. 3, Section No. 2, Richmond Hill Sub division, according to a plat of sur vey prepared by Waddle and Com pany, Inc., dated August 7, 2003, re corded in Plat Book 61, Page 92, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The debt secured by said security deed and note has been and is hereby declared due and pay able in full because of non-payment of the principal and interest pursuant to the terms of said security deed and note and pursuant to the matur ity of said security deed and note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ments and the terms of the security deed and note. The indebtedness remaining in default, the sale will jae made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the se curity deed, accrued interest and ex penses of the sale and other sums secured by the security deed, in cluding attorney's fees and the re mainder, if any, shall be applied as provided by law. 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 matter of record su perior to the Security Deed first set out above. To the best of the under signed's knowledge and belief, the property is in the possession of B-E South, LLC, and said property will be sold as the property of B-E South, LLC subject to outstanding ad valorem taxes and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as pro vided in the security deed. The Community Bank, as attorney in fact: Donald W. Osborne, PC PO BOX 584 Monroe, Georgia 30655 404-474-1320. 52903 9/5 - 9/26 STATE OF GEORGIA COUNTY OF HOUSTON NOTICE OF FORECLOSURE There will be sold on the first Tuesday in October, 2007, be fore the courthouse door in Houston County, Georgia, during the legal hours of sale, to the highest bidder for cash, the following described property, to-wit: All that land in Land Lot 152, 10th Land District, Houston County, Georgia, known as Lot 1, Block C, Section 1, Phase 1 of Moss Oak Plantation Subdivision, accord ing to a plat of record in Plat Book 59, Pages 188-189, Clerk's Office, Houston Superior Court. Said plat is incorporated herein for all purposes This sale will be made un der the Power of Sale contained in a deed to secure debt in favor of Colo nial Bank, dated January 10, 2005 from Homes by Bull, LLC., recorded in Deed Book 3275, Pages 264-287, Clerk's Office, Houston County Su perior Court. Said deed secures a note payable in monthly install ments. Default has occurred in the payment, and the power of sale in said deed to secure debt has be come operative. A copy of the notice of sale is being given to debtor as required by O.C.G.A. Section 44-14-162.2. The proceeds of said sale will be applied as provided in said deed. Said sale will also be made subject to all unpaid ad valo rem taxes, liens and assessments, if any. To the best of the under signed's knowledge and belief the property is in the possession of Body Shop Enterprises, LLC. Colonial Bank By: Arthur L. Phillips, Esq. Attorney for Colonial Bank PHILLIPS & PHILLIPS 843 Poplar Street Macon, Georgia 31201 (478) 743-1354 53130 9/5 - 9/26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON Under and by virtue of the power of sale in deed from B-E South, LLC to The Community Bank, grantee dated May 5, 2004,