The Lee County ledger. (Leesburg, Ga.) 1978-current, January 01, 2004, Image 12

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Page 4B, The Lee County Ledger, Thursday, January 1, 2004 Legal Notices NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Earl E Easter to First Mort gage Network, Inc., dated February 6,1998, recorded in Deed Book 327, Page 90, Lee County, Georgia Re cords, as last transferred to Cendant Mortgage Corporation by assign ment to be recorded in the Office of the Clerk of Superior Court of Lee County, Georgia Records, convey ing the after-described property to secure a Note in the original prin cipal amount of EIGHTY-THREE THOUSAND SIX HUNDRED FORTY AND 0/100 DOLLARS ($83,640.00), 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 legal hours of sale on the first Tues day in January, 2004, the following described property: SEE EXHIBIT “A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT “A” All that tract or parcel of land lying and being in Land Lot 9 of the First Land District of Lee County, Georgia, and being more particularly described as All of Lot 38, Muckalee Country Village, Sec tion III, according to a plat of said subdivision recorded in Plat Cabinet “C”, Slide C-155 in the Office of the Clerk of Superior Court, Lee County, Georgia. This is the same property conveyed to Security Bank & Trust Company of Albany by Deed Under Power of Sale recorded at Deed Book 311, Page 141 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, 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 Earl E Easter or a tenant or tenants and said property is more commonly known as 167 Country Drive, Leesburg, GA 31763. The sale will be conducted sub ject (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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale. Cendant Mortgage Corporation as Attorney in Fact for Earl E Easter Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/jyv 1/6/04 Our file no. 52989902-FT10 Dec. 11, 18, 25, Jan.1,2003 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Janice E Witherington and Gary W Witherington, to Total Mortgage Lending, Inc., a Georgia Coiporation, dated October 9, 1998, recorded in Deed Book 369, Page 62, Lee County, Georgia Records, as last transferred to General Electric Capi tal Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Lee County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($342,900.00), 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 legal hours of sale on the first Tues day in January, 2004, 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 Lots 266 and 267, Second Land District of Lee County, Georgia and being more particularly described as all of Lot 65, Grand Island Subdivision, Sec tion Two, as shown on that certain map or plat of said subdivision as the same is recorded in Plat Cabi net D, Slide D-171, in the office of the Clerk 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 matters which might be disclosed by an ac curate survey and inspection of the property, any assessments, 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 pos session of the property is Janice E Witherington, and Gary W Wither ington, or a tenant or tenants and said property is more commonly known as 208 Grand Island Drive, , Al bany, GA 31707. The sale will be conducted sub ject (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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale. General Electric Capital Corpora tion as Attorney in Fact for Janice E Witherington and Gary W Witherington, Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/na 1/6/04 Our file no. 5610600-FT9 Dec. 11, 18, 25, Jan.1,2003 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WTT .1. BE USED FOR THAT PURPOSE. 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 Mortgage Electronic Registration Systems, Inc by as signment to be recorded in the Of fice of the Clerk of Superior Court of Lee County, Georgia Records, conveying the after-described prop erty to secure a Note in the original principal amount of ONE HUN DRED NINETY-FIVE THOU SAND 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 bidder for cash before the courthouse door of Lee County, Georgia, within the legal hours of sale on the first Tuesday in January, 2004, 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 Second 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 subdivision as as same is recorded in Plat Cabinet “D”, Slide D-101, in the office 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 matters which might be disclosed by an ac curate survey and inspection of the property, any assessments, 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 pos session of the property is Richard Barnes or a tenant or tenants and said property is more commonly known as 120 Wiregrass Way, Albany, 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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale. Mortgage Electronic Registration Systems, 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/mlg 1/6/04 Our file no. 5143800-FT8 Dec. 11, 18, 25, Jan.l NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LEE By virtue of the Power of Sale con tained in Deed to Secure Debt given TERESA McKINLEYin interest to TOMMY A. JOWERS, dated July 1, 2000 and recorded in Deed Book 484, Page 195, Lee County, Georgia records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY SEVEN THOUSAND DOLLARS ($77,000.00) with inter est thereon as provided for 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 January, 2004, the following described property: All that tract or parcel of land ly ing and being in Land Lot 47, in the Second Land District of Lee County, Georgia, and being all of Lot 41 of Groover Park Subdivision, Section One, according to a map or plat of said subdivision as same is recorded in Plat Cabinet “D”, Slide D-178, in the Office of the Clerk of Superior Court of Lee County, Georgia. The address of the captioned property being 195 Groover Street, Leesburg, Georgia 31763, according to the present systems of numbering streets in Leesburg, 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 the 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 a prior Deed to Secure Debt given by Tommy A. Jowers to Regions Bank and recorded in the land re cords of Lee County, Georgia and any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, 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 Teresa McKinley or a tenant or tenants. The undersigned will execute a deed to the purchaser at said sale as provided in Deed to Secure Debt. 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 (3) if the holder of the security deed is unable to convey title, the sole damages shall be the return of the funds tendered for the purchase of the property. Tommy A. Jowers, Attorney in Fact for Teresa McKinley. By: W. James Sizemore, Jr., At torney for Tommy A. Jowers 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 THIS IS AN ATTEMPT TO COL LECT A DEBT AND ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dec. 11, 18, 25, Jan. 1 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by William C. Mitchell to Sun Trust Bank, dated June 15, 2000, re corded in Deed Book 474, Page 160, Lee County, Georgia Records, con veying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHT THOUSAND AND 0/100 DOL LARS ($108,000.00), 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 legal hours of sale on the first Tuesday in January, 2004, the fol lowing 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 287 in the Second Land District, Lee County, Georgia, and being all of Lot 35 of Holly Plantation, Section One, according to a map or plat of said subdivision as same is recorded in Plat Cabinet “D", Slide D-159, in the Office of the Clerk 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 matters which might be disclosed by an ac curate survey and inspection of the property, any assessments, 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 pos session of the property is William C. Mitchell or a tenant or tenants and said property is more commonly known as 121 Ambleside 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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale. SunTrustBank as Attorney in Fact for William C. Mitchell Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/jj 1/6/04 Our file no. 52307003-FT8 Dec. 11, 18, 25, Jan. 1 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Jo Ann Nanes and Anthony K. Nanes to Chase Manhattan Bank USA, dated April 14,2000, recorded in Deed Book 467, Page 039, Lee County, Georgia Records, convey ing the after-described property to secure a Note in the original prin cipal amount of ONE HUNDRED FIFTEEN THOUSAND ONE HUNDRED THIRTY-FIVE AND 45/100 DOLLARS ($115,135.45), 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 January, 2004, the following de scribed property: SEE EXHIBIT "A” ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT “A” All that tract or parcel of land lying and being in Lee County, Georgia, and being more particularly described as follows: All of Lot 22 of Armenia Estates, SectionTwo, according to a map or plat of said subdivision as same is recorded in Plat Cabinet D, Slide 200, in the Office of the Clerk of Superior Court, Lee County, Geor gia, said plat of survey and its record are hereby incorporated by reference and made a permanent part of this lands description. 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 matters which might be disclosed by an ac curate survey and inspection of the property, any assessments, 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 posses sion of the property is Jo Ann Nanes and Anthony K. Nanes or a tenant or tenants and said property is more commonly known as Lot 22 Arme nia 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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale. Chase Manhattan Bank USA as Attorney in Fact for Jo Ann Nanes and Anthony K. Nanes Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/gcg 1/6/04 Our file no. 52289303-FT3 Dec. 11, 18, 25, Jan. 1 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Patricia C. Lamb and Carlos J. Lamb to Citi zens Fidelity Mortgage Corp. dated the 20th day of August, 2001, and recorded in Deed Book 559, Page 137, LEE County, Georgia Records; last transferred to Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2001-C, by Indy Mac Bank, F.S.B. as Attomey-in-Fact by assignment to be recorded; the un dersigned, Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2001-C, by IndyMac Bank, F.S.B. as Attorney-in-Fact, pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2004, during the legal hours of sale, at the Courthouse door in LEE County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: FOR LEGAL DESCRIPTION, SEE EXHIBIT “A” ATTACHED EXHIBIT “A” All that tract or parcel of land ly ing and being in part of Land Lots 69 and 40 in the First Land District, Lee County, Georgia, and being more particularly described as follows: All of Lot 10 of Muckalee Shoals according to a map or plat of said subdivision as the same is recorded in Plat Cabinet “E", Slide E-33, in the Office of the Clerk of Superior Court, Lee County, Georgia. which has the property address of 234 River Bridge Road, Leesburg, GA, together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of- way, easements, protective covenants or restrictions, liens, and other supe rior matters of record which may affect said property. 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. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Patricia C. Lamb and Carlos J. Lamb and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Deutsche Bank National Trust Company as Trustee under the Pool ing and Servicing Agreement Series 2001-C, by IndyMac Bank, F.S.B. as Attorney-in-Fact Attorney in Fact for Patricia C. Lamb and Carlos J. Lamb McCurdy & Candler, L.L.C. By: Anthony DeMarlo, Attorney (404) 370-7230 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS AT TEMPTING TO COLLECT ADEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR POSE. Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2001-C, by IndyMac Bank, F.S.B. as Attorney-in-Fact/Patricia C. Julie Stallworth Foreclosure Paralegal McCurdy & Candler, L.L.C. 250 E Ponce de Leon Ave Suite 600 Decatur, GA 30030 P: 404.373.1612 ext. 324 F: 404.370.7232 Dec. 11, 18, 25, Jan. 1 NOTICE OF SALE UNDER POWER GEORGIA, LEE COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Steven R Pope and Sandra A. Pope to EquiV- antage Inc. dated the 29th day of July, 1998, and recorded in Deed Book 354, Page 290, LEE County, Geor gia Records; transferred to Mortgage Electronic Registration Systems, Inc. by assignment recorded in Deed Book 2092, page 320, Lee County Record; the undersigned, Mortgage Electronic Registration Systems, Inc., pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2004, during the legal hours of sale, at the Courthouse door in LEE County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: FOR LEGAL DESCRIPTION, SEE EXHIBIT “A’' ATTACHED EXHIBIT “A” All that tract or parcel of land lyign and being in land Lot 253 in the Second Land District of Lee County, Georgia, and being more particularly described as all of Lot 73 of Hickory Grove Planta tion, Phase Three, according to the plat of the subdivision as same is recorded in Plat Cabinet D, Slide D-188, in the office of the Clerk of the Superior Court of Lee County, Georgia which has the property address of 235 Winnstead Drive, Albany, GA, together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of- way, easements, protective covenants or restrictions, liens, and other supe rior matters of record which may affect said property. 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. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Steven R Pope and San dra A. Pope and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Steven R Pope and Sandra A. Pope McCurdy & Candler, L.L.C. By: Anthony DeMarlo, Attorney (404) 370-7230 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS AT TEMPTING TO COLLECT ADEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR POSE. Mortgage Electronic Regis tration Systems, Inc./Steven R Pope and Sandra A. Pope Julie Stallworth Foreclosure Paralegal McCurdy & Candler, L.L.C. 250 E Ponce de Leon Ave Suite 600 Decatur, GA 30030 P: 404.373.1612 ext. 324 F: 404.370.7232 Dec. 11, 18, 25, Jan. 1 COUNTY OF LEE NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Se curity Deed executed by Bobby R. Davis and Judy C. Davis to First Bank Mortgage, A Division of First Bank Of Georgia dated April 25,2001, and see Legals, page 5B