Houston home journal. (Perry, GA) 2007-current, November 07, 2007, Page 8C, Image 28

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» WEDnESDAY, NOVEMBER 7, 2007 8C 1080 FVRECttSIIES on the first Tuesday in December 2007, the following described prop erty: All that tract or parcel of land situate, lying and being in Land Lot 88 of the 11th Land District of Houston County, Georgia, being known and designated as Lot 9, Block "B", and Lot 7, Block "D", Sec tion 4, Southfield Plantation Subdivi sion, according to a plat of survey prepared by Story, Clarke & Associ ates, dated July 26, 2005 and last revised February 3, 2006 and being of record in Plat Book 66, Pages 97-99, Clerk's Office, Houston Su perior Court. Said plat and the re corded copy thereof are incorpo rated herein by reference thereto for all purposes. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of de fault, non-payment of the monthly in stallments on said loan. The debt re maining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. Said prop erty will be sold subject to any out standing ad valorem taxes, special assessments, unpaid utility bills con stituting liens against the property, and all security deeds, liens and en cumbrances existing when the above-described security deed was filed for record. To the best of the undersigned's knowledge, informa tion and belief, equitable title to this property is held by SOMERS PROP ERTIES, INC. Atlantic Southern Bank, f/k/a New Southern Bank, As Attorney in Fact for the above-named Grantor(s) Lawrence E. O'Neal O'NEAL, LONG & HALL, LLP P.O. Box 730 311 Margie Drive Warner Robins, GA. 31099 478/953-4557 56036 11/7 -11/28 NOTICE OF SALE GEORGIA, MACON COUNTY By virtue of Power of Sale contained in Security Deed from BRIAN S. LIEZERT, hereinafter GRANTOR, to SUNMARK COMMU NITY BANK, of Houston County, and dated April 6, 2006 and re corded April 12, 2006 in Deed Book 3799, Page 186, Houston County Records, said Security Deed given to secure a Note of even date in the original principal amount of One Hundred Eighty-Four Thousand Six Hundred Sixty-Five and 00/100 Dol lars ($184,665.00), with interest from date as stated therein; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Houston County, Georgia, within the legal hours of sale the first Tues day in December 2007, the following described property: All that tract or parcel of land situate, lying and being in the Land Lot 168 of the 10th Land Dis trict, Houston County, Georgia, be ing known and designated as Lot 10, Block "D", Phase 1, Thistlewood Subdivision, according to a survey prepared by Collins & Company, dated October 1, 2004 and being of record in Plat Book 64, Pages 90-92, Clerk’s Office, Houston County Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference thereto for all purposes. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of de fault, non-payment of the monthly in stallments on said loan. The debt re maining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees. Said prop erty will be sold subject to any out standing ad valorem taxes, special assessments, unpaid utility bills con stituting liens against the property, and all security deeds, liens and en cumbrances existing when the above-described security deed was filed for record. To the best of the undersigned's knowledge, informa tion and belief, equitable title to this property is held by BRIAN S. LIEZ ERT. SUNMARK COMMUNITY BANK, As Attorney in Fact for the above-named Grantor(s) K. Thomas Hall O'NEAL, LONG & HALL, LLP P.O. Box 730 311 Margie Drive Warner Robins, GA. 31099 478/953-4557 56037 11/7 -11/28 NOTICE OF SALE GEORGIA, MACON COUNTY By virtue of Power of Sale contained in Security Deed from BRIAN S. LIEZERT, hereinafter GRANTOR, to SUNMARK COMMU NITY BANK, of Houston County, and dated December 2, 2005 and recorded December 7, 2005 in Deed Book 3659, Page 129 and last modi fied at Deed Book 4350, Page 231, Houston County Records, said Se curity Deed given to secure a Note of even date in the original principal amount of Thirty-Nine Thousand Two Hundred Twelve and 00/100 Dollars ($39,212.00), with interest from date as-stated therein; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Houston County, Georgia, within the legal hours of sale the first Tues day in December 2007, the following 1080nRicusiREs described property: All that tract or parcel of land situate, lying and being in the Land Lot 168 of the 10th Land Dis trict, Houston County, Georgia, be ing known and designated as Lot 11, Block ”D", Phase 1, Thistlewood Subdivision, according to a survey prepared by Collins & Company, dated October 1, 2004 and being of record in Plat Book 64, Pages 90-92, Clerk's Office, Houston County Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference thereto for all purposes. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of de fault, non-payment of the real prop erty taxes on said property. The de fault remaining, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. Said prop erty will be sold subject to any out standing ad valorem taxes, special assessments, unpaid utility bills con stituting liens against the property, and all security deeds, liens and en cumbrances existing when the above-described security deed was filed for record. To the best of the undersigned's knowledge, informa tion and belief, equitable title to this property is held by BRIAN S. LIEZ ERT. SUNMARK COMMUNITY BANK, As Attorney in Fact for the above-named Grantor(s) K. Thomas Hall O'NEAL, LONG & HALL, LLP P.O. Box 730 311 Margie Drive Warner Robins, GA. 31099 478/953-4557 5603811/7-11/28 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY 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. Under and by virtue of the Power of Sale contained in a Secu rity Deed given by Ronald L. Wor thington to Mortgage Electronic Registration Systems, Inc as nomi nee for Sun Trust Mortgage, Inc., dated June 9, 2006, recorded in Deed Book 3877, Page 177, Hous ton County, Georgia Records, con veying the after-described property to secure a Note in the original prin cipal amount of ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($185,600.00), 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 Decem ber, 2007, the following described property: Ail that tract or parcel of land situate, lying and being in Land Lot 144 of the Tenth (10th) Land District of Houston County, Georgia, being known as designated as Lot 32, Phase I, Brookewater Subdivi sion, according to a Plat of Survey being of record in Plat Book 64, Page 78, Clerk's Office, Houston Superior Court. Said Plat and the re cord thereof are incorporated herein by reference for all purposes. 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 Ronald L. Worthington or a tenant or tenants and said property is more commonly known as 506 Brooke water Lane, 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. Mortgage Electronic Registration Systems, Inc. as Attorney in Fact for Ronald L. Worthington Morris, Schneider, Prior, Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.msplaw.com/foreclo sure sales.aso MSP/dbl 12/4/07 Our file no. 1746407-FT2 5552911/7-11/28 NOTICE OF SALE UNDER 1080 FORECLOSURES POWER GEORGIA, HOUSTON COUNTY BY VIRTUE OF THE POWER OF SALE contained in that certain Security Deed (the "Security Deed") from JAMES R. BROWN and SANDRA K. BROWN to MAX B. ASBELL, dated October 3, 2006, filed for record October 30, 2006, and recorded in Deed Book 4053, Pages 279-281, Clerk's Office, Houston Superior Court, said Secu rity Deed being given to secure a certain promissory note of even date therewith in the original principal amount of Twenty-Five Thousand & No/100 Dollars ($25,000.00), with interest thereon as provided in said note until paid, together with any and all renewals and extensions thereof, in whole or in part, but also any and all other and further indebt edness owing by the Grantor to the Grantee, its successors and as signs, there will be sold by the un dersigned at public outcry, during the legal hours of sale before the Courthouse Door of Houston County, Georgia, on the first Tues day in December, 2007, to-wit: , 2007, to the highest and best bidder for cash, the following described property: All that tract or parcel of land situate, lying and being in Land Lot 15 of the 11th Land District of Houston County, Georgia, known and designated as Lot 3, Block "B," Section No. 2, of a subdivision known as LINKS VIEW, according to a map or plat of survey of said Sub division prepared by Scarborough Land Surveys, Inc., certified by Terry M. Scarborough, Georgia Registered Land Surveyor No. 2223, dated April 19, 2000, revised June 5, 2000, a copy of which is of record in Map Book 56, Page 17, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are by this reference thereto incorporated herein and made a part of this description for all purposes. Together with all build ings, structures, improvements, ma chinery, fixtures, equipment and other personal property of every kind and nature whatsoever located on the above-described property. To the best of the under signed's knowledge, the street ad dress for this property is 301 Links View Drive, Bonaire, Georgia 31005. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of de fault, the failure of the Grantor to pay as and when due the indebted ness evidenced by the promissory note secured by said Security Deed. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal require ment and the terms of the Security Deed. The debt remaining in de fault, this sale will be made for the purpose of applying proceeds thereof to the payment of the indebt edness secured by the Security 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. To the best of the under signed's knowledge and belief the property is in the possession of James R. Brown and Sandra K. Brown, and said property will be sold as the property of the said James R. Brown and Sandra K. Brown. Said property will be sold subject to all unpaid ad valorem taxes, special assessments, any un paid utility bills constituting liens against the property, and all restric tive covenants, easements and other matters of record superior to and existing at the time of the re cording of the Security Deed, includ ing, but without limitation thereto, the first priority security deed from James R. Brown and Sandra K. Brown to Synovus Mortgage Corp., dated December 28, 2000, filed for record January 8, 2001, and re corded in Deed Book 1657, Pages 101-112, Clerk's Office, Houston Superior Court. The undersigned will execute a deed to the purchaser at said sale as provided in the Security Deed. MAX B. ASBELL, as Attorney-in-Fact for JAMES R. BROWN and SANDRA K. BROWN, acting under and by virtue of the Power of Sale contained in said Se curity Deed H. DAVID MOORE MOORE LAW FIRM, LLC Post Office Drawer 8269 108 Olympia Drive, Suite 100 (31093) Warner Robins, Georgia 31095-8269 (478) 328-3200 56039 11/7- 11/28 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY 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. Under and by virtue of the Power of Sale contained in a Secu rity Deed given by Jeremy E. Stearns to Atlantic Southern Bank, dated March 6, 2007, recorded in Deed Book 4210, Page 25, Houston County, Georgia Records, as last transferred to Georgia Housing and 1080 FORECLOSURES Finance Authority 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 ONE HUNDRED SEVEN THOUSAND TWO HUN DRED EIGHTY-FIVE AND 0/100 DOLLARS ($107,285.00), with inter est 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 December, 2007, the following de scribed property: All that tract or parcel of land situate, lying and being in Land Lot 149 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 18, Fox Meadows Estates Subdivision a re-subdivision of Lot 11 of The Ray mond Hammock Estate, according to a survey prepared by Scarbor ough Land Surveys, dated February 10, 1987, a copy of which is of re cord in Plat Book 32, Page 143, Clerk's Office, Houston Superior Court. Said Plat and the recorded copy thereof are incorporated herein 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 Jeremy E. Stearns or a tenant or tenants and said property is more commonly known as 105 Fox Meadow Court, Warner Robins, Georgia 31093. 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. Georgia Housing and Finance Authority as Attorney in Fact for Jer emy E. Stearns Morris, Schneider, Prior, Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.msplaw.com/foreclo sure sales.aso MSP/ttw 12/4/07 Our file no. 1778507-FT2 56048 11/7-11/28 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY 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. Under and by virtue of the Power of Sale contained in a Secu rity Deed given by Dorothy H. Mays to Liberty Mortgage Corporation, dated August 2, 1995, recorded in Deed Book 1160, Page 327, Hous ton County, Georgia Records, as last transferred to Georgia Housing and Finance Authority by assign ment to be recorded in the Office of the Clerk of Superior Court of Hous ton County, Georgia Records, con veying the after-described property to secure a Note in the original prin cipal amount of THIRTY THOU SAND TWO HUNDRED AND 0/100 DOLLARS ($30,200.00), with inter est 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 December, 2007, the following de scribed property: SEE EXHIBIT 'A' AT TACHED HERETO AND MADE A PART HEREOF 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, 1080 FORECLRSIRES 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 Dorothy H. Mays or a tenant or tenants and said property is more commonly known as 1321 Laura Avenue, 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. Georgia Housing and Finance Authority as Attorney in Fact for Dorothy H. Mays McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ttw 12/4/07 Our file no. 52280507-FT2 EXHIBIT 'A': All that tract or parcel of land lying and being in Land Lot 198 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 38, Highland Hills Subdivision, accord ing to a plat of survey prepared by Cherokee Engineering Company dated July, 1953, of record in Plat Book 3, Page 106, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein for all purposes. MR/ttw 12/4/07 Our file no. 52280507 - FT2 5605311/7-11/28 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY 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. Under and by virtue of the Power of Sale contained in a Secu rity Deed given by Octavia J. Battle and Qunsheda F. Battle to Ameri quest Mortgage Company, dated August 30, 2004, recorded in Deed Book 3155, Page 153, Houston County, Georgia Records, convey ing the after-described property to secure a Note in the original princi pal amount of ONE HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($121,500.00), 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 Coi/nty, Georgia, within the legal hours of sale on the first Tuesday in Decem ber, 2007, the following described property: SEE EXHIBIT 'A' AT TACHED HERETO AND MADE A PART HEREOF 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 Octavia J. Battle aka Jerry Octa via Battle and Qunsheda F. Battle aka Qunsheda Battle or a tenant or tenants and said property is more commonly known as 103 Klaus Ter race, 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. Ameriquest Mortgage Company as Attorney in Fact for Octavia J. Battle and Qunsheda F. Battle McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/eds 12/4/07 Our file no. 52029607-FTIO EXHIBIT 'A': The land referred to in this exhibit is located in the County of Houston in the State of Georgia in Deed Book 1882 at Page 230 and more particularly described as fol lows: All that tract or parcel of land situate, lying and being in Land Lot 163 of the Tenth (10th) Land District of Houston County, Georgia, being known and designated as Lot 2, Block "C", Phase No. 1 of a Sub division known as Country Meadows Annex, according to a plat of survey of said subdivision prepared by Story & Company, Inc., dated Janu ary 9, 1996, a copy of which is of re cord in Plat Book 48, Page 69, Clerk's Office, Houston Superior HOUSTON HOME JOURNAL 1080forecu»re$ Court. Said plat and the recorded thereof are hereby made a part of this description by reference thereof for all purposes. MR/eds 12/4/07 Our file no. 52029607 - FTIO 56054 11/7-11/28 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY 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. Under and by virtue of the Power of Sale contained in a Secu rity Deed given by Charles Walker to Mortgage Electronic Registration Systems, Inc., dated April 2, 2004, recorded in Deed Book 2958, Page 133, Houston County, Georgia Re cords, as last transferred to Secre tary of Veterans Affairs by assign ment to be recorded in the Office of the Clerk of Superior Court of Hous ton County, Georgia Records, con veying the after-described property to secure a Note in the original prin cipal amount of EIGHTY-TWO THOUSAND TWO HUNDRED SEV ENTY-FIVE AND 0/100 DOLLARS ($82,275.00), 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 Decem ber, 2007, the following described property: SEE EXHIBIT 'A' AT TACHED HERETO AND MADE A PART HEREOF 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 Charles Walker or a tenant or ten ants and said property is more com monly known as 122 Thorndale Drive, Warner Robins, Georgia 31093. 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. Secretary of Veterans Affairs as At torney in Fact for Charles Walker McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/crl 12/4/07 Our file no. 51220906-FT4 EXHIBIT 'A': All that tract or parcel of land situate, lying and being in Land Lot 176 of the Fifth Land Dis trict of Houston County, Georgia, being known and designated as Lot 14, Block "B", Greenbriar Subdivi sion, according to a survey prepared by Waddle Surveying Co., Inc., dated June 23, 1970 and last re vised February 9, 1971, a copy of which is of record in Plat Book 14, Page 128, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorpo rated herein by reference thereto for all purposes. MR/crl 12/4/07 Our file no. 51220906 - FT4 55526 11/7-11/28 NOTICE OF FORECLOSURE UNDER POWER OF SALE STATE OF GEORGIA COUNTY OF HOUSTON On the 7th day of Febru ary, 2002, ALLEN COWAN, exe cuted a Deed to Secure Debt in fa vor of SECURITY BANK OF HOUS TON COUNTY, securing a note of even date in the original principal amount of $236,522.00, now se cured by a promissory note dated January 9, 2007 in the original prin cipal amount of $50,000.00: a prom issory note dated August 10, 2006 in the original principal amount of $162,715.38; a promissory note dated August 10, 2006 in the origi nal principal amount of $40,597.44, said indebtedness being due and payable in accordance with the terms and conditions contained in said note, and said Deed to Secure Debt being of record in Deed Book 2007, Pages 177-179, Clerk's Of fice, Houston County Superior Court and modified on May 8, 2002, at Deed Book 2107, page 215, said Clerk's Office. By virtue of the power of