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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.