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Page 6B - The Lee County Ledger, Thursday, November 1,2001 LEGAL NOTICES NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Darrell Hicks to AGE Fed eral Credit Union, dated August 23, 2000, recorded in Deed Book 489, Page 47, Lee County, Georgia Records, as last transferred to Irwin Mortgage Corporation by assign ment, recorded in Deed Book 489, Page 57, Lee County, Georgia Records, conveying the after-de scribed property to secure a Note in the original principal amount of FIFTY-FOUR THOUSAND FIVE HUNDRED FIFTY AND 0/100 DOLLARS ($54,550.00), 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 Lee County, Georgia, within the legal hours of sale on the first Tuesday in Novem ber, 2001, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A" All that tract or parcel of land ly ing and being in the Second Land District of Lee County, Georgia, and being more particularly described as follows: All of Lot 77 of a redivision of Lots 73-96 of Magnolia Subdivision ac cording to a map or plat of said sub division as the same is recorded in Plat Cabinet "C", Slide C-73, in the Office of the Clerk of the Superior Court of Lee County, Georgia. Less and Except: To find the point of beginning of said tract or parcel begin at a point which point is the intersection of the west lot line of said lot 77 and the southern line of a 20 foot wide of drainage easement, formerly plated as a 20 foot wide alley, as shown on the above referenced plat of the re division of Magnolia Subdivision, and from said point of beginning run thence north 88 degrees 40’33" east a distance of 80.00 feet to a point; from said point of run thence south 02 degrees 19'27" east a distance of 10.58 feet to a point; from said point run thence south 88 degrees 42'00" west a distance of 80.00 feet to a point; from said point run thence north 02 degrees 19'27” west a dis tance of 10.64 feet to a point, which point is the point of beginning, said tract containing 0.0194 acres more or less. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remain ing in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees hav ing been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, en cumbrances, zoning ordinances, re strictions, 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 pos session of the property is Darrell Hicks or a tenant or tenants and said property is more commonly known as 187 Canal Street, Leesburg, GA 31763. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bank ruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. Irwin Mortgage Corporation as Attorney in Fact for Darrell Hicks Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/sxr 11/6/01 Our file no. 5308101-FT3 Oct. 11, 18, 25, Nov. 1,2001 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Howard Burke and Kathy Burke to Household Realty Corpo ration, dated March 8, 1999, re corded in Deed Book 401, Page 101, Lee County, Georgia Records, con veying the after-described property to secure a Note in the original prin cipal amount of THIRTY-SIX THOUSAND FORTY-NINE AND 86/100 DOLLARS ($36,049.86), 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 Lee County, Georgia, within the legal hours of sale on the first Tuesday in November, 2001, the following de scribed property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A" Land referred to in this commit ment is described as all that certain property situated in the County of Lee, and State of Georgia and being described in a deed dated 1/11/93, and recorded 1/12/93. Among the land records of the county and state set forth above. Referenced as fol lows 101-803. All that tract or parcel of land ly ing and being in Lee County, Geor gia and being all of Lot 46 of Palmyra Subdivision, Phase II, as per map or plat of said Subdivision as same is recorded in Plat Cabinet D, Slide D- 10, in the Office of the Clerk of Su perior Court, Lee County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, 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 purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, includ ing attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, en cumbrances, zoning ordinances, re strictions, 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 pos session of the property is Howard Burke and Kathy Burke or a tenant or tenants and said property is more commonly known as 471 Fussell Road, Leesburg, GA 31763. The sale will be conducted 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. Household Realty Corporation as Attorney in Fact for Howard Burke and Kathy Burke Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/adh 11/6/01 Our file no. 51292001-FT1 Oct. 11, 18, 25, Nov. 1,2001 GEORGIA, LEE COUNTY ADVERTISEMENT OF SALE UNDER POWER By virtue of the Power of Sale con tained in a Security Deed from Pamela V. Godboldt to AGE Federal Credit Union n/k/a HeritageBank of the South, dated March 16,2001 and recorded April 11, 2001 in Deed Book 526, Page 176, Lee County Land Records, said Security Deed be ing given to secure a Note dated March 16, 2001 in the original prin cipal amount of Seventy-Two Thou sand and No/100 Dollars ($72,000.00); there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Lee County Geor gia, within the legal hours of sale on the first Tuesday in November the following described property: All that tract or parcel of land ly ing in Lee County, Georgia, and be ing all of Lot 85 of Glendale Subdi vision, according to plat of same as recorded in Plat Cabinet "C", Slide C-86, in the office of the Clerk of the Superior Court of Lee County, Geor gia. The subject property is commonly known as 175 Seminole Avenue, Leesburg, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including attorney fees (no tice of intention to collect attorney fees having been given). Said property will be sold as the property of Pamela V. Godboldt and subject to unpaid ad valorem taxes or liens for taxes or street assessment, if any, and liens for taxes due the United States of America, if any. HeritageBank of the South f/k/a AGE Federal Credit Union As Attorney in Fact for Pamela V. Godboldt VANSANT, CORRIERE & McCLURE, P.C. Post Office Box 346 Albany, Georgia 31702-0346 S. DONALD McCLURE Oct. 11, 18, 25, Nov. 1,2001 IN THE SUPERIOR COURT OF LEE COUNTY STATE OF GEORGIA DENNIS RONALD HARRIS and PEGGY J. HARRIS, Plaintiffs, v, WARREN FAMILY RENTAL PROPERTY PARTNERSHIP, L.P. and R. H. WARREN, III. Defendants. CIVIL ACTION FILE NO. 2001- CV-442-AS NOTICE STATE OF GEORGIA COUNTY OF LEE Notice is hereby given pursuant to O.C.G.A. §44-9-41(5) that Dennis Ronald Harris and Peggy J. Harris have filed a petition for grant of pri vate way on September 22, 2001, in the Superior Court of Lee County, Georgia, Case No. 2001-CV-442-AS to condemn and establish the follow ing described easement of private way: All that certain tract or parcel of land situate lying and being part of Land Lot 68 of the Second Land Dis trict of Lee County, Georgia and be ing more particularly described as follows: Commence at the Southeast corner of Land Lot 68 and goN01°41 ’25" E along the East line of Land Lot 68 a distance of 1084.89' to an 8" fence post and the Point of Begin ning. From this point go N 01 °41' 25" E along the East line of Land Lot 68 a distance of 1390.08’ to an iron pin and the Southwest R/W of Georgia Highway No. 32 (100' R/W); go thence N 60°33'58"W along the Southwest R/W of Georgia Highway No, 32 a distance of22.60’; go thence S 01°41 '25"W a distance of 1400.48'; go thence S 87°57’15"E a distance of 20.00’ to the Point of Beginning. Said tract or parcel contains 0.641 acres. The owners of the above property, insofar as the same is known, is War ren Family Rental Property Partner ship, L. P. and R. H. Warren, III. Said owners are required to show cause before the court at the Lee County Courthouse on the 14th day of Novmeber, 2001 at 2:00 p.m. or as soon thereafter counsel can be heard, to show cause why the ease ment for private way should not be condemned as demanded by the plaintiffs. Said owners are required to name an assessor to act on their behalf. This 2nd day of September. 2001. SIZEMORE LAW OFFICES By: W. James Sizemore, Jr. Attorney for the Plantiffs This document prepared by W. James Sizemore, Jr. Sizemore Law Offices Post Office Box 480 Leesburg, Georgia 31763 (229) 759-0430 Georgia State Bar No. 649460 Oct. 11. 18.25, and Nov. 1, NOTICE OF SALE UNDER POWER CONT AINED IN DEED TO SECURE DEBT STATE OF GEORGIA. COUNTY OF LEE. WHEREAS, heretofore, JOSEPH M. WESTER, JR., did on the 26th day of March, 1998, execute to the BANK OF TERRELL - LEE COUNTY DIVISION, a Deed to Se cure Debt which has been duly re corded in Deed Book 334, Page 307, of the Lee County Public Deed Records, securing an indebtedness therein described, as well as any and all of the present and future indebt edness or liability of BANK OF TER RELL - LEE COUNTY DIVISION. AND WHEREAS, said Security Deed conveyed to BANK OF TER RELL - LEE COUNTY DIVISION, the real estate hereinafter described as security for the indebtedness from the said JOSEPH M. WESTER, JR., including one (1) Promissory Note. AND WHEREAS, the said indebt edness has not been paid, when due, and is now in default, and the under signed BANK OF TERRELL - LEE COUNTY DIVISION, has elected to accelerate the entire debt and has de clared the same to be in default and immediately due and payable; AND WHEREAS, under and by virtue of the terms of said Deed to Secure Debt and the power of sale therein described, there will be sold by the undersigned at public outcry to the highest and best bidder for cash, before the courthouse door in Lee County, Georgia, within the le gal hours of sale, on the first Tues day in November, 2001, the follow ing described property, to wit: All that tract or parcel of land ly ing and being in Land Lot 237 in the Second Land District of Lee County, Georgia, and being all of Lot 4 of Laurelbrook Place, Phase One, ac cording to a map or plat of said sub division as same is recorded in Plat Cabinet "D", slide D-123 , in the Of fice of the Clerk of Superior Court of Lee County, Georgia. The indebtedness hereinabove de scribed, remaining in default, this sale will be made for the purpose of pay ing the same. The proceeds of the sale will be applied first to the expenses of sale, including attorney's fees and the indebtedness therein described. Upon these things being done, any excess will be paid to the party or parties lawfully entitled thereto. Said property will be sold as the property of Joseph M. Wester, Jr., and subject to any outstanding ad valorem taxes against the same and subject to all restrictions, easements and utiltities of record. Joseph M. Wester, by his Attorney in Fact, Bank of Terrell - Lee County Division, by its Attorney at Law, C. Truitt Martin, Jr. P.O. Box 683. Dawson, Georgia 31742 Oct. 11. 18. 25 and Nov. 1, 2001 NOTICE OF SALE UNDER POWER CONT AINED IN DEED TO SECURE DEBT STATE OF GEORGIA. COUNTY OF LEE. WHEREAS, heretofore, JOSEPH M. WESTER, JR., did on the 8th day of April, 1998, execute to the BANK OF TERRELL - LEE COUNTY DI VISION, a Deed to Secure Debt which has been duly recorded in Deed Book 338, Page 143, of the Lee County Public Deed Records, secur ing an indebtedness therein de scribed, as well as any and all of the present and future indebtedness or li ability of BANK OF TERRELL - LEE COUNTY DIVISION AND WHEREAS, said Security Deed con veyed to BANK OF TERRELL - LEE COUNTY DIVISION, the real estate hereinafter described as secu rity for the indebtedness from the said JOSEPH M. WESTER, JR.,including one (1) Promissory Note. AND WHEREAS, the said indebt edness has not been paid, when due, and is now in default, and the under signed BANK OF TERRELL - LEE COUNTY DIVISION, has elected to accelerate the entire debt and has de clared the same to be in default and immediately due and payable; AND WHEREAS, under and by virtue of the terms of said Deed to Secure Debt and the power of sale therein described, there will be sold by the undersigned at public outcry to the highest and best bidder for cash, before the courthouse door in Lee County, Georgia, within the le gal hours of sale, on the first Tues day in November, 2001, the follow ing described property, to wit: All that tract or parcel of land ly ing and being in Land Lot 71 in the First Land District of Lee County, Georgia, and being all of Lot 112 of Highland Oaks Subdivision, Section Five, according to a map or plat of said subdivision as same is recorded in Plat Cabinet "D", Slide D-176 , in the Office of the Clerk of Superior Court of Lee County, Georgia. The indebtedness herein above de scribed. remaining in default, this sale will be made for the purpose of pay ing the same. The proceeds of the sale will be applied first to the expenses of sale, including attorney's fees and the indebtedness therein described. Upon these things being done, any excess will be paid to the party or parties lawfully entitled thereto. Said property will be sold as the property of Joseph M. Wester, Jr., and subject to any outstanding ad valorem taxes against the same and subject to all restrictions, easements and utiltities of record. Joseph M. Wester, by his Attorney in Fact, Bank of Terrell - Lee County Division, by its Attorney at Law, C. Truitt Martin, Jr. P.O. Box 683. Dawson, Georgia 31742 Oct. 11. 18. 25 and Nov. 1, 2001 NOTICE TO CREDITORS STATE OF GEORGIA COUNTY OF LEE IN RE: ESTATE OF VELTON H. MATHIS, SR., DECEASED. All creditors of the estate of Velton H. Mathis, deceased, late of Lee County, are hereby notified to ren der their demands to the undersigned according to law, and all persons in debted to said estate are required to make immediate payment to the Ex ecutor aforementioned. This 26 day of September, 2001. W. James Sizemore, Jr. Attorney for Perry Mathis, Executor Of the Estate of Velton H. Mathis, Sr., deceased Post Office Box 480 Leesburg, Georgia 31763 Oct. 11. 18. 25 and Nov. 1, 2001 STATE OF GEORGIA COUNTY OF LEE NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated March 11, 1996, executed by LINDA E. COULTER to AGE FEDERAL CREDIT UNION, recorded in Deed Book 238, Page 013, Lee County, Georgia Deed Records, and securing a Note in the original principal amount of $87,400.00, said Note and Security Deed having been last as signed to Washington Mutual Home Loans, Inc., successor in interest by merger to Fleet Mortgage Corp., the current holder thereof, has declared the entire amount of said indebted ness evidenced by the Note immedi ately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tues day in November, 2001, to-wit: No vember 6, 2001, during the legal hours of sale, before the Lee County Courthouse door, sell at public out cry to the highest bidder for cash, the following described real property: All that tract or parcel of land lying and being in Land Lot 237 in the Second Land District of Lee County, Geor gia, and being all of Lot 1 of Laurelbrook Place, Phase One, ac cording to a map or plat of said sub division as same is recorded in Plat Cabinet “D” Slide D-123, in the Of fice of the Clerk of Superior Court of Lee County; Georgia. The aforedescribed real property is also known as 157 Lynwood Lane, Leesburg, Georgia, according to the present system of numbering houses in Lee County, Georgia. Said real property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encum brances, zoning ordinances, restric tions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the pos session or control of Linda E. Coulter and the proceeds of said sale will be applied to the payment of said indebt edness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed, and the excess proceeds, if any, will be distributed as provided by law. WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. as Attomey-in-Fact for LINDA E. COULTER David W. Adams, Esquire ELLIS, PAINTER, RATTERREE & BART, LLP Post Office Box 9946 Savannah, Georgia 31412-9946 (912)233-9700 Oct. 11, 18, 25 and Nov. 1, NOTICE OF SALE UNDER POWER WHEREAS, on October 15, 1996, for value received, Tina A. Kozuch executed and delivered to the United States of America, acting through the United States Department of Agricul ture, a Deed to Secure Debt convey ing certain real estate located in Lee County, Georgia, and said Deed to Secure Debt was recorded in the Of fice of the Clerk of the Superior Court for Lee County, Georgia, in Book # 265, Page # 192-195; and WHEREAS, the United States of America now holds the above de scribed security deed covering the said real estate; and WHEREAS, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and pay able and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and WHEREAS, after default, the United States of America has de clared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied wi th all of its loan ser vicing regulations; NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision con tained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the high est bidder in front of the Courthouse in Lee County, during the legal hours of sale, on the 6th day of November, 2001, the following-described prop erty conveyed in the Deed to Secure Debt, to Wit: All that tract of land lying in Land Lot 51 in the 2nd Land District of Lee County, Georgia, and being all of Lot 8 of Pecan Acres Subdivision, Sec tion A, Part I, according to plat of same as recorded in Plat Book " D", Page 4 (Plat Cabinet " B" , Slide B- 43), in the office of the Clerk of the Superior Court of Lee County, Geor gia. ALSO THAT CERTAIN TRACT OR PARCEL OF LAND BEING A 34 FOOT STRIP lying entirely across the entire western width of Lot No. 8 of Pecan Acres Subdivision, Section A, Part One (1) , parallel with State Highway 195 for a distance of 105 feet and being formerly the property of James W. McBride as described in Warranty Deed from James M. McBride to Ellis Vernon Cook dated July 8, 1977, and recorded in Deed Book B-35, page 654, in the office of the Clerk of the Superior Court of Lee County, Georgia . The above described property will be sold subject to any and all out standing real estate taxes that are due and payable. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for re jection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the indebtedness to the United States of America, other charges, and the expenses of sale, as provided in the above-described Deed to Secure Debt. This the 13th day of September, 2001. UNITED STATES OF AMERICA By F STONE WORKMAN, STATE DIRECTOR Rural Development, successor in in terest to the Farmers Home Admin istration and Rural Economic and Community Development, U.S. Department of Agriculture. Oct. 11, 18, 25 and Nov. 1, NOTICE OF SALE UNDER POWER WHEREAS, on June 04. 1990, for value received, Ronnie Beecroft ex ecuted and delivered to the United States of America, acting through the United States Department of Agri culture, a Deed to Secure Debt con veying certain real estate located in Lee County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Lee County, Georgia, in Book # 116, Page # 197-200; and WHEREAS, the United States of America now holds the described security deed covering the said real estate; and WHEREAS, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and pay able and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and WHEREAS, after default, the United States of America has de clared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied with all of its loan ser vicing regulations; NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision con tained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Court house in Lee County, during the le gal hours of sale, on the 6th day of November, 2001, the following-de scribed property conveyed in the Deed to Secure Debt, to Wit: All that tract or parcel of land ly ing and being in Land Lot 50 in the Second Land District of Lee County, Georgia and being all of Lot 99 of the redivision of Lots 73 through 96 of Magnolia Subdivision, according to a map or plat of said subdivision as recorded in Plat Cabinet "C", Slide C-73) , in the office of the Clerk of Superior Court of Lee County, Georgia, and being more particularly described as follows: Commence at the southwest cor ner of the intersection of Magnolia Street with Canal Drive, and run thence easterly along the south mar gin line of said Canal Drive a dis tance of 80 feet to the northeast cor ner of said Lot 99; run thence south erly along the east line of said Lot 99 a distance of 215 feet to the south east corner of said lot; run thence westerly along the south line of said Lot 99 a distance of 80 feet to the southwest corner of said lot; run along the east margin line of said Magnolia Street a distance of 215 feet to the point of beginning. The above described property will be sold subject to any and all out standing real estate taxes that are due and payable. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for re jection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the in debtedness to the United States of America, other charges, and the ex penses of sale, as provided in the above-described Deed to Secure Debt. This the 21st day of September, 2001. UNITED STATES OF AMERICA By F. STONE WORKMAN, STATE DIRECTOR Rural Development, successor in in terest to the Farmers Home Admin istration and Rural Economic and Community Development, U.S. Department of Agriculture Oct. 11, 18, 25 and Nov. 1 NOTICE OF SALE UNDER POWER CONTAINED IN SECURITY DEED STATE OF GEORGIA, COUNTY OF Lee Pursuant to a power of sale con tained in a certain security deed ex ecuted by Charles D. Coxwell and Valerie D. Coxwell, hereinafter re ferred to as Grantor, with the singu lar including the plural, to Ameriquest Mortgage Company re corded in Deed Book 361, beginning at page 182, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attomey-in- fact for the aforesaid Grantor (which attomey-in-fact is the present holder See Legals, Page 7B