The Lee County ledger. (Leesburg, Ga.) 1978-current, January 01, 2004, Image 13

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Legals, from 4B recorded in Deed Book 531, Page 211 , LEE County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Mortgage Electronic Registration Systems, Inc. by Assignment, secur ing a Note in the original principal amount of $107,350.00, the holder thereof pursuant to said Deed and 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, January 6, 2004, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land ly ing and being that 3.534 acre tract in Land Lot 133, First Land District of Lee County, Georgia, and being more particularly described as all of Lot 1 as shown on the plat of survey enti tled “Property of Michael B. Sumner and Beverly M. Sumner", recorded in Plat Cabinet E, Slide E-35, in the Office of the Clerk of Superior Court, Lee County, Georgia. Said property is known as 422 Middle Road South , Leesburg, GA 31763, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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 attorney’s fees in accor dance with the terms of the Note secured by said Deed. Said property will be sold as the property of Bobby R. Davis And Judy C. Davis, the property, to the best information, knowledge and belief of the undersigned, be ing presently in the possession of Bobby R. Davis And Judy C. Davis , and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Mortgage Electronic Registration Systems, Inc. as Attorney-in-Fact for Bobby R. Davis and Judy C. Davis File no. 03-6430 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER* The Duke Bldg., Ste. 100 2872 Woodcock Blvd. Atlanta, GA 30341 (770) 220-2730/HG www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY IN FORMATION 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 Michael Glenn Mobley and Deanna Lee Mobley to Suntrust Bank, dated May 18, 2001, recorded in Deed Book 538, Page 222, Lee County, Georgia Records, as last transferred to SunTrust Mortgage, Inc by assignment recorded in Deed Book 538, Page 238, Lee County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FOUR THOU SAND AND 0/100 DOLLARS ($74,000.00), 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 Tues day in January, 2004, the following described property: EXHIBIT “A” All that tract or parcel of land lying and being in Lee County, Georgia and being more particularly described as all of Lot 59, Tall Pines Estates, Phase 4, according to a map or plat of said subdivision as recorded in Plat Cabi net D, Slide D-195, in the Office of the Clerk of Superior Court of Lee County, Georgia. This is the same property conveyed to George A. Barfield, Jr. by Limited Warranty Deed recorded at Deed Book 495, Page 172, 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 Michael Glenn Mobley and Deanna Lee Mobley or a tenant or tenants and said property is more commonly known as 125 Long Pine Drive, Leesburg, GA 31763. The sale will be conducted subject (1) to confirmation that the sale is not prohibited underthe 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. SunTrust Mortgage, Inc. as Attorney in Fact for Michael Glenn Mobley and Deanna Lee Mobley Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net DDP/tda 1/6/04 Our file no. 51968103-FT7 Dec. 11, 18, 25, Jan. 1 STATE OF GEORGIA COUNTY OF LEE Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from Joel T. McDowell and Kim Y. McDowell to Milton National Bank ("Lender”) dated March 1, 2002, and recorded in Deed Book 606, Page 154, in the offices of the Clerk of the Superior Court of Lee County, Georgia (the “Security Deed"), the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Lee County. Georgia, during, the legal hours of sale, on the first Tues day In January 2004 the following described real property, to wit: All that tract or parcel of land lying and being in Lee County, Georgia, and being all of Lot 148 of Cal laway Lakes Subdivision, Section Four, according to a map or plat of said subdivision as same is recorded in Plat Cabinet D, Slide D-139, in the Office of the Clerk of Superior Court of Lee County, Georgia 126 Silver Leaf Drive, Albany, Lee County, Georgia The debt secured by the Security Deed is evidenced by a U.S. Small Business Administration Note from Nature’s Way Cleaners, Inc. dba HP Cabinets in favor of Milton Na tional Bank dated February 1, 1999 in the original principal amount of $1,800,000.00, as modified by First Modification to Promissory Note dated September 7, 2001 from H.P. Cabinets, Inc. in favor of Lender (hereinafter referred to collectively as the “Note”), plus interest from date on the unpaid balance refer enced therein until paid, that certain U.S. Small Business Administration Unconditional Guarantee dated February 1, 1999, executed by Joel T. McDowell, and U.S. Small Busi ness Administration Unconditional Guarantee executed by Kim Y. McDowell in favor of Lender (col lectively the “Guaranties”) and other indebtedness. Default has occurred and continues under the terms of the Note, Guar anties, and Security Deed by reason of among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Guaran ties and the Security Deed and the failure to comply with tile terms and conditions of the Note, Guaranties, and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property (if Joel T. McDowell and Kim Y. McDowell, the proceeds to be applied to the pay ment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be sub ject to the following: Covenants and Restrictions as Supplemented and/or amended from time to time, general utility or other easements recorded against the property in the aforesaid records, all outstanding ad valorem taxes and/or assessments- if any; pos sible redemptive rights of the Internal Revenue Service, if any; and all other prior assessments, easements, restric tions or matters of record. To the best of the undersigned’s knowledge and belief, the real prop erty is presently owned by Joel T. McDowell and Kim Y. McDowell. To the best of the undersigned’s knowledge and belief, the party in possession of the real property is Joel T. McDowell and Kim Y. McDowell, and tenants holding under Joel T. Mc Dowell and Kim Y. McDowell Branch Banking and Trust Com pany, successor by merger to Milton National Bank, as Attorney-in- Fact for Joel T. McDowell and Kim Y. McDowell. Michael R. Wing Greenberg Traurig, LLP The Forum 3290 Northside Parkway, N.W., Suite 400 Atlanta, Georgia 30327 (678) 553-2100 THIS LAW FIRM IS ATTEMPT ING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR POSE Dec. 11, 18, 25, Jan. 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 executed by Ronnie W. Ott and Lynne P. Ott, hereinafter referred to as Grantor, to Georgia First Mort gage Company recorded in Deed Book 523, beginning at page 243, 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 attorney-in-fact for the aforesaid Grantor (which attorney- in-fact is the present holder of said deed and note secured thereby) will sell before the door of the courthouse in said county within the legal hours of sale, for cash, to the highest bid der on the first Tuesday in January, 2004, the property which, as of the time of the execution of said security deed, was described as set forth in the attached Exhibit “A”. Said property will be sold subject to any outstand ing ad valorem taxes (including taxes which are a lien but not vet 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, and all other matters of record superior to the said security deed. To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Ronnie W. Ott and Lynne P. Ott or tenant(s). Commercial Federal Bank, a Federal Savings Bank, successor to Commercial Federal Mortgage Corporation, As Transferee and Assignee. As Attorney-In-Fact for the afore said Grantor Michael Campbell Attorney at Law, 990 Hammond Drive Suite 800 One Lakeside Commons Atlanta. Georgia 30328 THIS LAW FIRM IS ATTEMPT ING TO COLLECT A DEBT, AND ANY INFORMATION SOLOMON ROAD By Scott Lincoln ag t'He' T&in ° conlefH doWt\ f and i\\ec grtoV Jfbnt \\e&Ver\,..^ <§)<> shall trm 1 Word be" that^ 0 gSelhmh out oj ntv\ rrymth* ^ ° OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT “A” All that tract or parcel of land lying and being in Lee County, Georgia, and being more particularly de scribed, as all of Lot 86, Hickory Grove Plantation, Section Three, according to a map or plat of said subdivision as same is recorded in Plat Cabinet D, Slide D-188, in the Office of the Clerk of Superior Court of Lee County, Georgia. Dec. 11, 18, 25, Jan. 1 INVITATION TO BID The Lee County Housing Authority will accept bids until 2:00 PM on De cember 31, 2003, for Roof Replace ment for 129-6 Turnkey Homes, Leesburg, GA. For any additional information and site visits, contact Jim Geeslin, Technical Services Di rector at (229) 434-4510, 500 South Van Buren Street, Albany, GA. Dan McCarthy Executive Director Dec. 11, 18, 25, Jan. 1 STATE OF GEORGIA FINCHER, DOUGLAS L. COUNTY OF LEE NOTICE OF SALE UNDER POWER Because of a default in the pay ment of the indebtedness secured by a Security Deed executed by Douglas L. Fincher to Georgia First Mortgage Company dated April 15, 2002, and recorded in Deed Book 618, Page 13 , LEE County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Federal National Mortgage Association, by Assignment, securing a Note in the original principal amount of $117,000.00, the holder thereof pursu ant to said Deed and Note thereby se cured 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, January 6, 2004, dur ing the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land lying and being in Lee County, Georgia, and being all of Lot 62 of Canuga Subdivi sion, Section Two, according to a map or plat of said subdivision as same is recorded in Plat Book “E”, Page 150 (Plat Cabinet “C”, Slide C-41), in the Office of the Clerk of Superior Court of Lee County, Georgia. Said property is known as 103 Tocaste Lane , Albany, GA 31707, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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 attorney’s fees in accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Douglas L. Fincher, the property, to the best information, knowledge and belief of the under- The Lee County Ledger, Thursday, January 1, 2004, Page 5B signed, being presently in the posses sion of Douglas L. Fincher , and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Federal National Mortgage Associa tion as Attorney-in-Fact for Douglas L. Fincher File no. 03-6380 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER* The Duke Bldg., Ste. 100 2872 Woodcock Blvd. Atlanta, GA 30341 (770) 220-2730/HG www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] Dec. 11, 18, 25 & Jan. 1 NOTICE GEORGIA , LEE COUNTY PRO BATE COURT Lynn Tabb has petitioned for Lynn Tabb to be appointed Administrator of the estate of Thomas Andrew Tabb, deceased of said County. The petitioner has also applied for wavier of bond and/or grant of cer tain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any objections, and must be filed with the court on or before January 9, 2004. If any objections are filed, a hearing will be held at a later date. If no objections are filed, the petition may be granted without a hearing. JOHN WHEATON JUDGE OF THE PROBATE COURT by: Ann Hester CLERK OF THE PROBATE COURT Dec. 18, 25, January 1 & 8 NOTICE TO DEBTORS AND CREDITORS GEORGIA, LEE COUNTY IN RE: WILLIAM I. LAYFIELD, deceased All creditors of the estate of WIL LIAM I. LAYFIELD, deceased, late of Lee County, are hereby notified to render their demands to the un dersigned, according to law, and all persons indebted to said estate are hereby required to make immediate payment to the undersigned. This 12th day of December, 2003. Fannie Sue Brown Layfield, Ex ecutrix of the estate of William I. Layfield, deceased 157 Society Street Leesburg, Georgia 31763 Dec. 18, 25, Jan. 1 & 8 NOTICE Bush Self Storage, 1540 U.S. Highway 19 S. Leesburg, Georgia, hereby gives notice of sale of content in storage belonging to the follow- ing people: James White B-6 Kenny Harrell B-14 Benjamin Mays A-15 Lorraine Brooks H-31 Sybil Cooper D-5 Scotty Engram L-9 Marilyn Drake G-31 The company reserves the right to accept or reject any bid. The contents will be sold for cash only to the highest bidder by sealed bids on Friday, January 30, 2004 at 10:30 a.m. Jan. 1 & 8 SECOND DUI CONVICTION Pursuant to O.C.G.A. 40-6-391 (J)(l), publication is hereby made of the following conviction for second offense driving under the influence of alcohol or drugs: ANGELIA JOY JUSTICE 214 David Road Leesburg, GA 31763 Date of Arrest: 10-29-03 Time of Arrest: 1:26 p.m. Place of Arrest: GA 91 Date of Conviction: 12-08-03 in Lee County Probate Court Disposition: Guilty 12 Months Probation, 3 Days Jail, 240 Hours Community Service, Court Ordered Ignition Interlock Device Fine: $1100.00 Surcharge: $25.00 Jan. 1 SECOND DUI CONVICTION Pursuant to O.C.G.A. 40-6-391 (J)(l), publication is hereby made of the following conviction for second offense driving under the influence of alcohol or drugs: JERRY RUFUS FRAZIER 211 Cordele Rd. Lot 39 Albany, GA 31705 Date of Arrest: 09-13-03 Time of Arrest: 17:49 p.m. Place of Arrest: 700 block of Philema Road Date of Conviction: 12-08-03 in Lee County Probate Court Disposition: Guilty 12 Months Probation, 240 Hours Community Service, Ignition In terlock Device Fine: $1100.00 Surcharge: $25.00 Jan. 1 RAINBOW VACCUUM SYSTEMS SALES / SERVICE / REPAIR 1310 North Slappey Albany, Georgia 1-800-981-4999 (229) 439-4999 Do You Need A Moitgage? Nko ’ e & fmnk t u Ready To Refinance YouNeedToCain 1st Time Home Buyers. No Money Down tow Rates Refinance With No Money Out Of Pocket. 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