Newspaper Page Text
Page 4B - The Lee County Ledger, Thursday, December 13,2001
LEGAL NOTICES
INVITATION TO BID
The Lee County Board of Educa
tion will be opening bids on the fur
nishings for the new middle school
at 2:00PM on Tuesday, December
18, 2001 at the Board office. Those
interested in submitting a bid pro
posal should contact Gary Kelley at
(229) 759-6100 for a copy of the bid
specifications.
Nov. 29, Dec, 6, 13, 20, 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 Wednesday
in January, 2002, 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 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 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. Bank
ruptcy Code and (2) to final confir
mation 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/sdd /02
Our file no. 51292001-FT 1
Dec. 6, 13, 20, and 27, 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 Richard Barnes, Jr. to Stone
Castle Homes Loans, dated June 14,
1999, recorded in Deed Book 417,
Page 117, Lee County, Georgia
Records, as last transferred to Aurora
Loan Services, Inc. by assignment to
be recorded in the Office of the Clerk
of Superior Court of Lee County,
Georgia Records, conveying the af
ter-described property to secure a
Note in the original principal amount
of ONE HUNDRED NINETY-FIVE
THOUSAND FIVE HUNDRED
AND 0/100 DOLLARS
($195,500.00), with interest thereon
as set forth therein, there will be sold
at public outcry to the highest bid
der for cash before the courthouse
door of Lee County, Georgia, within
the legal hours of sale on the first
Wednesday in January, 2002, the fol
lowing described property:
SEE EXHIBIT "A" ATTACHED
HERETO AND MADE A PART
HEREOF
EXHIBIT "A"
All that tract or parcel land lying
and being in Land Lot 286 in the Sec
ond Land District of Lee County,
Georgia, and being all of Lot 66 of
Callaway Lakes, Section Two, ac
cording to a map or plat of said sub
division as same is recorded in Plat
Cabinet "D", Slide D-101, in the of
fice of the Clerk County of Superior
Court of 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 Richard
Barnes, Jr. or a tenant or tenants and
said property is more commonly
known as 120 Wiregrass Way, Al
bany, GA 31707.
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.
Aurora Loan Services, Inc.
as Attorney in Fact for
Richard Barnes, Jr.
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/adh 1/2/02
Our file no. 5143800-FT1
Dec. 6, 13, 20, and 27, 2001
STATE OF GEORGIA
COUNTY OF LEE
NOTICE OF SALE UNDER
POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power
of sale contained in the following
described instrument (hereinafter re
ferred to as the "First Security
Deed"):
Security Deed from John W.
Owens, Jr. & Darline Owens to
Conseco Finance Servicing Corp.
dated August 26, 2000, and recorded
in Deed Book 487, page 298, Lee
County records conveying the after-
described property to secure a First
Note in the original principal amount
of Eighty Two Thousand Five Hun
dred Sixty Two Dollars and 39/100
(82,562.39) with interest thereon as
set forth therein;
AND
Under and by virtue of the Power
of Sale contained in the following
described instrument (hereinafter re
ferred to as the "Second Security
Deed"):
Security Deed from John W.
Owens, Jr. & Darline Owens to
Conseco Finance Servicing Corp.
dated August 26, 2000, and recorded
in Deed Book 487, page 305, Lee
County records conveying the after-
described property to secure a Sec
ond Note in the original principal
amount of Seventeen Thousand Dol
lars and NO/100 (17,000.00) with
interest thereon as set forth therein;
there will be sold at public outcry to
the highest bidder for cash before the
Courthouse door in said County, dur
ing the legal hours of sale, on the first
Wednesday in January 2002, by
Conseco Finance Servicing Corp., as
Attorney-in-Fact for John W. Owens,
Jr. & Darline Owens the following
described property:
All that tract or parcel of land ly
ing and being in Land Lot 157, First
Land District, Lee County, Georgia,
and being more particularly de
scribed as all of Lots 8, Moreland
Subdivision, according to a map or
plat of said subdivision recorded and
shown in Plat Cabinet "C", Slide "C-
150", in the office of the Clerk of
Superior Court of Lee County, Geor
gia.
Said property is known as 1626
State Highway 32 East, Leesburg,
GA 31763.
The debt evidenced by the First
Note and the Second Note (hereinaf
ter collectively referred to as the
"Notes") secured by said First Secu
rity Deed and Second Security Deed
(hereinafter collectively referred to as
the "Security Deeds") has been and
is hereby declared due and payable
because of default in the payment of
the indebtedness secured thereby, this
sale will be made for the purposes of
paying the same and all expenses of
sale, including attorney's fees, (no
tice having been given as provided
by law).
The property will be sold as the prop
erty of The Aforesaid Grantors sub
ject to the following:
(1) all prior restrictive covenants,
easements, rights-of-way or encum
brances; (2) all valid zoning ordi
nances; (3) matters which would be
disclosed by an accurate survey of the
property; (4) the outstanding ad va
lorem taxes and assessments, if any;
(5) unpaid water and sewage bills,
that constitute liens against the prop
erty, whether due and payable or not
yet due and payable; and (6) matters
of record superior to the security deed
first set out above.
To the best of the undersigned's
knowledge and belief, the party in
possession is John W. Owens, Jr. &
Darline Owens.
Conseco Finance Servicing Corp., as
Attorney-in-fact for John W. Owens,
Jr. & Darline Owens
This law firm is acting as a debt col
lector attempting to collect a debt,
any information obtained will be used
for that purpose.
Pendergast & Blum, P.C.
One Premier Plaza, Suite 800
5605 Glenridge Drive
Atlanta, Georgia 30342
(404) 303-0300
Dec. 6, 13, 20, and 27, 2001
NOTICE
PROBATE COURT OF LEE
COUNTY
Re: PETITION OF LOIS P.
ARNOTT FOR DISCHARGE AS
EXECUTOR OF THE ESTATE OF
JUANITA C, HUGHES, DE
CEASED.
TO: ALL INTERESTED PARTIES
This is to notify you to file objec
tion, if there is any, to the above-ref
erenced petition, in this Court on or
before January 7, 2002. All objec
tions to the petition must be in writ
ing, setting forth the grounds of any
such objections. If any objections are
filed, a hearing will be scheduled at
a later date. If no objections are filed,
the petition may be granted without
a hearing.
WITNESS, the Hon. John D.
Wheaton, Judge
By: Ann Hester, CLERK, PRO
BATE COURT OF LEE COUNTY
Dec. 6
NOTICE OF SALE
GEORGIA, LEE COUNTY.
By virtue of a power of sale con
tained in that certain Deed to Secure
Debt from DAVID R. YORK, JR. a/
k/a BUDDY YORK to COLONY
BANK, an Office of Ashburn Bank,
dated November 18, 1999, and re
corded in Deed Book 442, Pages 275
through 279, in the Office of the
Clerk of the Superior Court of Lee
County, Georgia, said Deed to Secure
Debt having originally been given to
secure that certain promissory note
in the original principal amount of
ONE HUNDRED TWENTY-TWO
THOUSAND THREE HUNDRED
SIX and 50/100 DOLLARS
($122,306.50) of even date therewith,
as well as all extensions, renewals
and modifications thereof, together
with any and all other indebtedness,
of any type or description, then or
thereafter owing by DAVID R.
YORK, JR. a/k/a BUDDY YORK to
COLONY BANK, an Office of Ash-
bum Bank, there will be sold by the
undersigned, at public outcry, to the
highest bidder for cash, before the
courthouse door at Leesburg, Lee
County, Georgia, within the legal
hours of sale on the first Wednesday
in January, 2002, the following de
scribed property (said sale to be held
on the first Wednesday in January,
2002 pursuant to the provisions of
Official Code of Georgia Annotated
Section 9-13-161, as the first Tues
day in January, 2002 is one of the le
gal holidays referred to in said Code
section):
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 67 of
Laurelbrook Place, Phase Two, ac
cording to a map or plat of said sub
division as same is recorded in Plat
Cabinet "D", Slide D-188, in the Of
fice of the Clerk of Superior Court
of Lee County, Georgia.
The indebtedness secured by the
aforementioned Deed to Secure Debt
has been, and is hereby declared im
mediately due and payable in full
because of the failure of DAVID R.
YORK, JR. a/k/a BUDDY YORK to
maintain payments upon said indebt
edness owing to COLONY BANK,
an Office of Ashbum Bank, in accor
dance with its terms. Said indebted
ness remaining in default, this sale
shall be made for the purpose of pay
ing such indebtedness, as well as all
expenses of this sale, including attor
neys' fees.
The above-described property will
be sold as the property of DAVID R.
YORK, JR. a/k/a BUDDY YORK ,
and will be sold subject to the fol
lowing items which may affect the
title to said property: all zoning ordi
nances; matters which would be dis
closed by an accurate survey or an
inspection of the property; all out
standing taxes, including but not lim
ited to ad valorem taxes or assess
ments, which may constitute liens
upon said property; and all prior ease
ments, restrictions, rights-of-way,
security deeds or other encumbrances
of record.
To the best of the knowledge and
belief of the undersigned, the party
presently in possession of said prop
erty is DAVID R. YORK, JR. a/k/a
BUDDY YORK, and/or a tenant or
tenants. THE STREET ADDRESS
OF THE ABOVE-DESCRIBED
PROPERTY IS 216 LYNWOOD
LANE, LEESBURG, LEE
COUNTY, GEORGIA, 31763, TO
THE BEST OF THE KNOWLEDGE
AND BELIEF OF COLONY
BANK, AN OFFICE OF ASHBURN
BANK.
THIS LAW FIRM IS ATTEMPT
ING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
COLONY BANK, an Office of Ash
burn Bank,
as Attorney-In-Fact for DAVID R.
YORK, JR.
a/k/a BUDDY YORK
MOORE, CLARKE, DuVALL &
RODGERS, P.C.
By: JAMES H. MOORE, III
Attorneys for COLONY BANK, an
Office of Ashburn Bank
Post Office Drawer 71727
Albany, Georgia 31708-1727
(229) 888-3338
Dec. 6, 13, 20 and 27, 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 Victor M. Gonzales to
NationsBanc Mortgage Corporation,
dated May 14, 1999, recorded in
Deed Book 410, Page 303, Lee
County, Georgia Records, conveying
the after-described property to secure
a Note in the original principal
amount of FIFTY -ONE THOU
SAND AND 0/ 100 DOLLARS
($51,000.00), 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
Lee County, Georgia, within the le
gal hours of sale on the first Wednes
day in January, 2002, the following
described property:
SEE EXHIBIT "A” ATTACHED
HERETO AND MADE APART
HEREOF
EXHIBIT "A"
All that tract or parcel of land ly
ing and being in the Land Lot 51 in
the Second Land District, City of
Leesburg, Lee County, Georgia and
being more particularly described as
follows:
Commence at the intersection of
the center line of Academy Street
with the center line of Second Street,
and ran thence southerly along the
center line of Academy Street a dis
tance of 140.30 feet to a point which
point is also 883 feet north of the in
tersection of the center line of Acad
emy Street with the center line of
Fourth Street as measured along the
center line of Academy Street; run
thence south 88 degrees 55 minutes
east a distance of 26.7 feet to the east
margin line of said Academy Street,
and the POINT OF BEGINNING;
continue thence south 88 degrees 55
minutes east a distance of 210 feet to
a point; run thence south 00 degrees
16 minutes west a distance of 105 feet
to a point; run thence north 89 de
grees 44 minutes west a distance of
210 feet to the east margin line of said
Academy Street; run thence north 00
degrees 16 minutes east along the east
margin line of said Academy Street a
distance of 105 feet to the point of
beginning; said property being bound
on the south by the property formerly
known as the H.A. Smith, Jr. (Pete
Smith) Property and on the north by
the property of Madison L. Moore.
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 Victor M.
Gonzales or a tenant or tenants and
said property is more commonly
known as 144 Academy Street,
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.
BA Mortgage, LLC sbm
NationsBanc Mortgage Corporation
as Attorney in Fact for
Victor M. Gonzales
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net DDP/
bmg 1/2/02
Our file no. 51658601-FT2
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR ATTEMPT
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
Dec. 6, 13, 20, and 27, 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 Michael A. Pratt and Lissa
D. Pratt to AGE Federal Credit
Union, dated July 1, 1996, recorded
in Deed Book 252, Page 149, Lee
County, Georgia Records, as last
transferred to GMAC Mortgage Cor
poration by assignment, recorded in
Deed Book 486, Page 241, Lee
County, Georgia Records, conveying
the after-described property to secure
a Note in the original principal
amount of ONE HUNDRED
ELEVEN THOUSAND ONE HUN
DRED FIFTY AND 0/100 DOL
LARS ($111,150.00), with interest
thereon as set forth therein, there will
be sold at public outcry to the high
est bidder for cash before the court
house door of Lee County, Georgia,
within the legal hours of sale on the
first Wednesday in January, 2002, 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 Land Lot 236 in the
Second Land District of Lee County,
Georgia, and being more particularly
described as follows:
All of Lot 89, Creekside Manor
Subdivision Section Four, according
to a map or plat of said subdivision
as the same is recorded in Plat Cabi
net D, Slide D-50, in the Office of
the Clerk of Superior 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 Michael A.
Pratt and Lissa D. Pratt or a tenant or
tenants and said property is more
commonly known as 276 Foxworth
Drive, 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.
GMAC Mortgage Corporation
as Attorney in Fact for
Michael A. Pratt and Lissa D. Pratt
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR ATTEMPT
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
DDP/yer 1/2/02
Our file no. 51660801-FT5
Dec. 6, 13, 20, and 27, 2001
NOTICE OF SALE
GEORGIA, LEE COUNTY.
By virtue of a power of sale con
tained in that certain Deed to Secure
Debt from Jimmy D. Underhill, Jr.
and Jimmy D. Underhill, Sr., to Barry
D. Carr and C. H. Carr, dated Novem
ber 22, 1996, and recorded in Deed
Book 270, Page 005, Lee County
Records; said Deed to Secure Debt
having been given to secure a note in
the original principal sum of Twenty
Thousand Dollars ($20,000.00), with
interest from date at the rate called
for pursuant to said Note on the un
paid balance until paid, as well as any
and all other indebtedness then or
thereafter owing by Jimmy D.
Underhill, Jr. and Jimmy D.
Underhill, Sr. to Barry D. Carr and
C. H. Carr; there will be sold by the
undersigned, at public outcry, to the
highest bidder for cash, before the
Courthouse door at Leesburg, Lee
County, Georgia, within the legal
hours of sale on January 2, 2002
(O.C.G.A. §9-13-161), the following
described property:
All that tract or parcel of land ly
ing and being in the Fourteenth Land
District of Lee County, Georgia, and
being more particularly described as
Lot 4 on that certain plat prepared by
Steven & Palmer Engineering, re
corded February 19, 1996, in Plat
Cabinet D, Slide D-165, Lee County
Public Records.
The debt secured by the said Deed
to Secure Debt has been and is hereby
declared due because of nonpayment
of monthly installments on said loan.
The debt remaining in default, this
sale shall be made for the purpose of
paying the same and all expenses of
this sale, including attorney's fees.
Said property will be sold as the
property of Jimmy D. Underhill, Jr.
and Jimmy D. Underhill, Sr., and will
be sold subject to outstanding ad va
lorem taxes and/or assessments, if
any.
BARRY D. CARR and C. H.
CARR, as attomey-in-fact for Jimmy
D. Underhill, Jr. and Jimmy D.
Underhill, Sr.
GARDNER, WILLIS, SWEAT &
GOLDSMITH
By: DEENA PLAIRE-HAAS
Gardner, Willis, Sweat & Gold
smith
408 Westgate Boulevard
P. O. Drawer 71788
Albany, Georgia 31708-1788 229/
883-2441
THIS COMMUNICATION IS
FROM A DEBT COLLECTOR
Dec. 6, 13, 20, and 27, 2001
NOTICE
Bush Self Storage, 1540 U.S. High
way 19 S. Leesburg, Georgia, hereby
gives notice of sale of content in stor
age belonging to the following
people:
Melanie Keenan H-18
Linda Jackson D-19
William Simmons B-13
Travis Battle 1-9
Danise Lapierre L-2
Greg Wilson H-4
Barbara Hall B-16
Jerry Whitley 1-22
James Tumstall B-14
Jamie Williams G-17
The contents will be sold for cash
only to the highest bidder by sealed
bids on Friday, December 28, 2001
at 3:00 p.m.
December 6 & 13
NOTICE OF INTENT TO IN-
CORPORATE
Notice is given that Articles of In
corporation which will incorporate D
& J MYLER ENTERPRISES, INC.
will be delivered to the Secretary of
State for filing in accordance with
Georgia Business Corporation Code.
The initial registered office of the cor
poration will be located at 220 Canal
Street, Leesburg, Lee County, Geor
gia 31763, and its initial registered
agent at such address is Debra Myler.
DIVINE & DOROUGH, LLP
Attorneys for Incorporator
P. O. Box 64
Albany, GA 31702-0064
Dec. 13 and 20, 2001
LCMS Eighth Grade Students of the Week for
December 3 - December 7 pictured on the front row
are Clay Doggett and Tori Oxford. Pictured on the
back row are Courtney Denson and Ashtyn Bishop.