The Jackson progress-argus. (Jackson, Ga.) 1915-current, July 14, 1977, Image 12

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IK Public Notices Notice GEORGIA, BUTTS COUNTY WHEREAS, John Otis Moss, Administrator of Hoke Smith Moss, represents to the Court in his petition, duly filed and entered on record, that he has fully adminis tered Hoke Smith Moss’ estate: This is, therefore, to cite all persons concerned, kindred and creditors, to show cause, if any they can, why said Administrator should not be discharged from his adminis tration, and receive Letters of Dismission on the first Monday in August, 1977. W. E. Blue Probate Judge 7-7-4tp Notice NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT Gr On the 30th day of May, 1972, JOHN T. PARKS, executed a Real Estate Promissory Note for the principle sum of THREE THOUSAND FIVE HUN DRED & 00-100 ($3,500.00) DOLLARS to NEWTON FEDERAL SAVINGS & LOAN ASSOCIATION of Covington, Georgia, which Note with interest thereon at the rate of seven and one-half (Vi) per cent per annum, was payable in monthly installments of $41.55 each beginning on the first day of June, 1972 and continuing thereafter on the same date of each succeeding month, with the final and last installment being due and payable on the first day of May 1982, each payment being applied to the interest then due, and the balance to the reduction of the principle amount, the interest being computed on the unpaid principle. Time was made the essence of the Contract, and the said Note contained a provision for the payment of 10 percent of the unpaid principle and interest as Attorney’s Fees, if collected by law, or through an Attorney at Law. In order to secure the payment of said Note, the said JOHN T. PARKS executed and deli vered to NEWTON FEDER AL SAVINGS & LOAN ASSOCIATION, a Deed to Secure Debt conveying to it the following described tract of land, to-wit: All that tract or parcel of land, situate, lying and being in the City of Jackson, Butts County, Georgia, the 612th District G.M., fronting West on N. Oak Street approxi mately 65 feet, more or less, and extending back Easterly in that uniform width, 100 feet, more or less, being particularly described as follows: BEGINNING at a point located on the East boundary of N. Oak Street on the South side of a concrete block wall located at the base of said wall, and said point being the Southwest corner of property of James E. McCormick, thence from said point Easterly along a metal fence 100 feet to a point; thence, Southerly a distance of 67 feet along a metal fence to a point; thence, Westerly 100 feet, more or less, along a metal fence to a point located on the East boundary of N. Oak Street; thence, Norther ly along the East boundary of N. Oak Street, a distance of 67 feet to a point, which is the POINT OF BEGINNING. Said described lot being bounded now or formerly as follows: North by said Concrete Block wall, and-or property of James E. McCormick ; East by land of the J. A. Dodson Estate; South by said metal fence and-or property of said Dodson Estate; and, West by said North Oak Street. Said Deed to Secure Debt is recorded in Deed Book 47, Page 367 in the Office of the Clerk of the Superior Court of Butts County, Georgia. Because JOHN T. PARKS defaulted in making payment of the monthly installments as they matured, NEWTON FEDERAL SAVINGS & LOAN ASSOCIATION, pur suant to the provisions of said Promissory Note and Securi ty Deed as aforesaid secur ing same, has exercised its option and declared the entire balance due and collectible. Notice fixing the liability for Attorney’s Fees has been given according to Law. There is a balance as of the 30th day of June, 1977, of $2,378.73, besides interest, and Attorney’s Fees thereon. The said Deed contains a Power of Sale authorizing the Grantee, as Attorney in fact for Grantor therein, to sell the property conveyed there by in order to satisfy said Note, as well as subsequent advances, after advertising the same once a week for Four (4) weeks in the official gazette of said County of Butts, and in accordance with said Power of Sale, and by virtue thereof, NEWTON FEDERAL SAVINGS & LOAN ASSOCIATION will sell the property described above at Public Outcry to the highest and best bidder for cash on the first Tuesday in August, 1977, before the Butts County Courthouse door, the place of Public Sales in Jackson, Butts County, Geor gia, and within and during the legal hours of sale. The proceeds of the Sale will be used as follows: (1). To pay the expenses of said sale; (2) To pay the sums secured by said Security Deed; and, (3) The balance, if any, to JOHN T. PARKS. NEWTON FEDERAL SAVINGS & LOAN ASSOCIATION As Attorney for JOHN T. PARKS Alfred D. Fears Attorney At Law P. O. Box 3886 Commercial Building Jackson, Georgia 7-7-4tc Notice NOTICE OF SALE UNDER POWERIN DEED TO SECURE DEBT On the 14th day of July, 1975, JACK RAYMOND BARBER executed a real estate Note for the principle sum of FOURTEEN THOU SAND, TWO HUNDRED DOLLARS ($14,200.00) to SARA M. COLLINS of West Avenue, Jackson, Georgia, which Note with interest thereon at the rate of BV2 per cent per annum was payable in monthly installments of $150.00 each, beginning on the Ist day of August, 1975, and continuing thereafter on the same day of each succeeding month, with the final and last installment being due and payable on the Ist day of July, 1988, each payment being applied to the interest then due, and the balance to the reduction of the principle balance. Time was made the essence of the Contract, and the said Note contained a provision for the payment of 10 percent of the unpaid principle and interest as Attorney’s Fees if collect ed by Law or through an Attorney at Law. In order to secure the payment of said Note, said JACK RAYMOND BARBER executed and deli vered to SARA M. COLLINS a Deed to Secure Debt, conveying to her under said •Deed to Secure Debt, the following described tract of land: All that tract or parcel of land, lying, and being in the 612th District, G.M., Butts County, Jackson, Georgia, together with the improve ments thereon, fronting North on Hill Street, 95 feet and extending back Souther ly in that uniform width, 144 feet, and particularly de scribed as follows: STARTING in the center of West Avenue where it forms a junction with Hill Street; thence 130 feet along the THE JACKSON PROCRES3-ARGUS, JACKSON, GEORGIA South side of Hill Street to a point; which is the POINT OF BEGINNING; thence South 50 degrees West, 95 feet to a point; thence North 40 degrees West, 144 feet to a point on the South side of Hill Street; thence North 50 degrees East along the South boundary of Hill Street, 95 feet to a point, which is the POINT OF BEGINNING. Said description being as per a Plat of same prepared by Thomas J. Collins, a Registered Surveyor. Said Deed to Secure Debt is recorded in Deed Book 58, Page 154, in the Office of the Clerk of Superior Court of Butts County, Georgia. Because said JACK RAY MOND BARBER defaulted in making payments of the monthly installments as they matured, SARA M. COLLINS pursuant to the provisions of said Promissory Note and Deed to Secure Debt, as aforesaid, securing the same, has exercised her option and declared the entire balance due and collectible. Notice fixing the liability for Attorney’s Fees has been given according to Law. There is a balance as of the 24th day of June, 1977 of $13,311.26, besides interest and Attorney’s Fees thereon. The said Deed to Secure Debt, contains a Power of Sale, authorizing the Grant ee, SARA M. COLLINS, as Attorney in Fact for said Grantor, therein, to sell the property conveyed thereby, in order to satisfy said Note, as well as, subsequent advances, after advertising the same once a week for four (4) weeks in the Official Gazette of said County of Butts. In accordance with said Power of Sale and by virtue thereof, SARA M. COLLINS will sell the property described above at Public Outcry to the highest bidder for cash on the first Tuesday in August before the Butts County Courthouse door, the place of public sales in Jackson, Butts County, Georgia, within and during the legal hours of sale. The proceeds of the sale will be used as follows: (1). To pay the expenses of said sale; (2). To pay the sum secured by said Deed to Secure Debt; and (3). The Balance, if any, to JACK RAYMOND BARBER. SARA M. COLLINS As Attorney in Fact For JACK RAYMOND BARBER Alfred D. Fears Attorney for Sara M. Collins P.O. Box 3886 Commercial Building Jackson, Georgia 30233 7-7-4tc Notice NOTICE OF SALE UNDER POWER STATE OF GEORGIA BUTTS COUNTY Pursuant to the Power of Sale contained in a certain Deed to Secure Debt from Seven Seven Seven Associ ates, Inc., to James A. Parker, E. Napier Burson, Jr., and Lewis F. Hunter, Jr., dated September 27, 1974, (the “Security Deed”); re corded in Deed Book 221 at page 34, Henry County Records, and in Deed Book 55 at page 414, Butts County Records; the Security Deed being given to secure a promissory note of even date therewith in the original principal amount of Four Hundred Fifty-Eight Thou sand Nineteen Dollars and Eighteen Cents ($458,019.18), bearing interest at the rate of seven and one-half percent (7* 2 ) per annum on the unpaid balance until paid; the Security Deed having been sold, assigned, trans ferred and conveyed to Locust Grove Land Company by instrument recorded in Deed Book 303 at page 37, Henry County Records, and in Deed Book 64 at page 576, Butts County Records; there will be sold by the under signed at public outcry to the highest bidder, for cash, before the Courthouse door in Henry County, Georgia, and before the Courthouse door in Butts County, Georgia, with in the legal hours of sale on the first Tuesday in August 1977, the following described property: TRACT I: All that tract or parcel of land lying and being in Land Lots 133, 124, 101 and 100 of the 2nd District of Henry County, Georgia, and in Land Lots 92 and 93 of the 2nd District of Butts County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found at the common corner of Land Lots 123,124, 133 and 134 of the 2nd District of Henry County, Georgia; thence running north 01 degree 56 minutes east along the west line of Land Lot 133, 496.6 feet to an iron pin found at the southwest corner of the property now or formerly owned by Gilbert M. Jones; thence running north 89 degrees 56 minutes east, along the south line of the Jones Property, 1,958.3 feet to an iron pin placed on the westerly right-of-way line of Locust Road (said road having an 80-foot wide right-of-way); thence run ning southerly, along the westerly right-of-way line of said road, on an arc of 385.7 feet (said arc having a chord distance of 385.58 feet on a bearing of south 04 degrees 01 minutes east) to a point; thence running south 01 degree 44 minutes east, along the westerly right-of-way line of said road, 52.7 feet to a point; thence running south easterly, along the westerly right-of-way line of said road, on an arc of 451.1 feet (said arc having a chord distance of 450.64 feet on a bearing of south 06 degrees 22 minutes east) to a point; thence running south 10 degrees 59 minutes east, along the southwesterly right-of-way line of said road, 526.4 feet to a point; thence running southeasterly and southerly, along the southwesterly and westerly right-of-way line of said road, on an arc of 409.5 feet (said arc having a chord distance of 408.60 feet on a bearing of south 04 degrees 27 minutes east) to a point; thence running south 02 degrees 05 minutes west, along the westerly right-of way line of said road, 1,655.6 feet to a point; thence running southerly and south easterly, along the westerly and southwesterly right-of way line of said road, on an arc of 513.7 feet (said arc having a chord distance of 506.13 feet on a bearing of south 15 degrees 03 minutes east) to a point; thence running south 32 degrees 10 minutes east, along the southwesterly right-of-way line of said road, 777.2 feet to a point; thence running southeasterly, along the southwesterly right-of-way line of said road, on an arc of 364.2 feet (said arc having a chord distance of 362.28 feet on a bearing of south 22 degrees 00 minutes east) to a point; thence running south 11 degrees *SO minutes east, along the southwesterly right-of-way line of said road, 675.1 feet to a point; thence running southeasterly, along the southwesterly right-of way line of said road, on an arc of 304.7 feet (said arc having a chord distance of 302.28 feet on a bearing of south 23 degrees 34 minutes east) to a point; thence running south 35 degrees 17 minutes east, along the southwesterly right-of-way line of said road, 130.6 feet to a point; thence running southeasterly, along the southwesterly right-of-way line of said road, on an arc of 275.5 feet (said arc having a chord distance of 273.84 feet on a bearing of south 45 degrees 41 minutes east) to a point; thence running south 56 degrees 05 minutes east, along the southwesterly right-of-way line of said road, 89.3 feet to a point; thence running southeasterly, along the southwesterly right-of way line of said road, on an arc of 423.3 feet (said arc having a chord distance of 420.61 feet on a bearing of south 44 degrees 46 minutes east) to a point; thence running south 33 degrees 28 minutes east, along the southwesterly right-of-way THURSDAY, JULY 14, 1977, line of said road, 138 feet, more or less to the center line of a creek, (this being the creek which flows southerly out of Land Lot 100 and southwesterly across Land Lot 93 and across a portion of Land Lot 92 to its junction with Indian Creek in Land Lot 92); thence southwester ly, along the center line of said creek to its junction with the center line of Indian Creek and northwesterly the center line of Indian Creek, a distance of 3,827 feet, more or less, to the intersection of the center line of Indian Creek with the south line of Land Lot 101 of Henry County, Georgia, said point also being the north line of Land Lot 92 of Butts County; thence running north 89 degrees 06 minutes west, along the south line of Land Lot 101, 86.6 feet to an iron pin placed; thence running north 27 degrees 26 minutes west, along the northeasterly line of the property now or formerly owned by Charles E. Barber, 2.259.8 feet to an iron pin placed; thence running north 89 degrees 58 minutes west, 186.1 feet to an iron pin placed on the west line of Land Lot 101; thence running north 00 degrees 02 minutes east, along the west line of Land Lots 101 and 124, a distance of 2.639.2 feet to an iron pin found; thence running north 01 degree 30 minutes east, along the west line of Land Lot 124, 1.301.8 feet to an iron pin found at the south line of Land Lot 133, which point marks the point of begin ning; being the same property as shown on plat of Survey prepared for Joel A. Flatow and Richard M. Porter, prepared by Metro Engineering and Surveying Cos., Inc., dated January 18, 1972, revised May 16, 1974, being designated as Tract I, and containing 381.1 acres, more or less. TR ACT II All that tract or parcel of land lying and being in Land Lots 133. 132,124,125,101 and 100 of the 2nd District of Henry County, Georgia, and in Land Lot 93 of the 2nd District of Butts County, Georgia, and being more particularly described as follows: BEGINNING at a rock corner found at the common corner of Land Lots 125, 126, 131. and 132 of the 2nd District of Henry County, Georgia; thence running south 00 degrees 25 minutes west, along the east line of Land Lot 125, 2,991.4 feet to an iron pin found at the southeast corner of Land Lot 125, said point also being the dividing line between Henry and Butts Counties; thence running north 89 degrees 00 minutes west, along the south line of Land Lot 125, and along the dividing line between Henry and Butts Counties, 1,468.2 feet to an iron pin found; thence running south 00 degrees 05 minutes east, along the line dividing Henry and Butts Counties, 2.960.6 feet to a fence post on the south line of Land Lot 100; thence running south 89 degrees 49 minutes west, along the south line of Land Lot 100, 550.0 feet to an iron pin placed; thence continuing south 89 degrees 49 minutes west, along the south line of Land Lot 100, 25 feet, more or less, to the center line of a creek; thence running southwesterly, along the center line of said creek, 60 feet, more or less, to the intersection of the center line of said creek with the northeast right-of-way line of Locust Road (said road having an 80-foot wide right-of-way); thence run ning north 33 degrees 28 minutes west, along the northeasterly right-of-way line of Locust Road, 90.0 feet to a point; thence running northwesterly, along the northeasterly right-of-way line of said road, on an arc of 454.9 feet (said arc having a chord distance of 452.00 feet on a bearing of north 44 degrees 46 minutes west) to a point; thence running north 56 degrees 05 minutes west, along the northeasterly right of-way line of said road, 89.3 feet to a point; thence running northwesterly, along the northeasterly right-of way line of said road, on an arc of 246.5 feet (said arc having a chord distance of 244.% feet on a bearing of north 45 degrees 41 minutes west) to a point; thence running north 35 degrees 17 minutes west, along the northeasterly right-of-way line of said road, 130.6 feet to a point; thence running northwesterly, along the northeasterly right-of-way line of said road, on an arc of 271.9 feet (said arc having a chord distance of 269.76 feet on a bearing of north 23 degrees 34 minutes west) to a point; thence running north 11 degrees 50 minutes west, along the northeasterly right of-way line of said road, 675.1 feet to a point; thence running northwesterly, along the northeasterly right-of way line of said road, on an arc of 392.6 feet (said arc having a chord distance of 390.51 feet on a bearing of north 22 degrees 00 minutes west) to a point; thence running north 32 degrees 10 minutes west, along the northeasterly right-of-way line of said road, 777.2 feet to a point; thence running northwesterly and northerly, along the northeasterly and easterly right-of-way line of said road on an arc of 465.9 feet (said arc having a chord distance of 459.04 feet on a bearing of north 15 degrees 03 minutes west) to a point; thence running north 02 degrees 05 minutes east, along the easterly right-of way line of said road, 1,655.6 feet to a point; thence running northerly and north westerly, along the easterly and northeasterly right-of way line of said road, on an arc of 427.7 feet (said arc having a chord distance of 426.81 feet on a bearing of north 04 degrees 27 minutes west) to a point; thence running north 10 degrees 59 minutes west, along the northeasterly right-of-way line of said road, 526.4 feet to a point; thence running in a northwesterly direction, along the northeasterly right of-way line of said road, on an arc of 438.2 feet (said arc having a chord distance of 437.73 feet on a bearing of north 06 degrees 22 minutes west) to a point; thence running north 01 degree 44 minutes west, along the easterly right-of-way line of said road, 52.7 feet to a point; thence running northerly, along the easterly right-of way line of said road, on an arc of 520.2 feet (said arc having a chord distance of 520.08 feet on a bearing of north 03 degrees 57 minutes west) to a point; thence running north 06 degrees 10 minutes west, along the northeasterly right-of-way line of said road, 272.9 feet to a point; thence running northerly, along the easterly right-of-way line of said road, on an arc of 188.7 feet (said arc having a chord distance of 188.27 feet on a bearing of north 00 degrees 44 minutes east) to an iron pin placed at the southwest corner of the property now or formerly owned by G. S. Henley, Sr.; thence running south 89 degrees 53 minutes east, along the south line of the Henley Property, 1,528.9 feet to an iron pin found; thence south 00 degrees 17 minutes east, along the west line of the property now or formerly owned by O. D. Sims, 1,134.5 feet to an iron pin placed at the southwest corner of the Sims Property; thence run ning south 89 degrees 19 minutes east, alcng the south line of the Sims Property, 2,349.8 feet to a rock corner found, which point marks the point of beginning; being the same property as shown on plat of Survey prepared for Joel A. Flatow and Richard M. Porter, prepared by Metro Engineering and Sur veying Cos., Inc., dated January 18, 1972, revised May 16, 1974, being designat ed as Tract 11, and containing 396.3 acres. The debt secured by the Security Deed has been and is hereby declared due because of non-payment of a semi-annual installment due on the indebtedness secured by a certain Deed to Secure Debt to James D. Burke, dated March 6, 1972, record ed in Deed Book 139, page 70, Henry County Records, and in Deed Book 46, page 491, Butts County Records, and because of non-payment of state and county real property taxes for the year 1976, both constituting de faults under the Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including attorney’s fees. Said property will be sold as the property of Seven Seven Seven Associates, Inc., subject to the lien of the aforesaid Deed to Secure Debt to James D. Burke, all unpaid taxes and assess ments, and restrictions and easements of record, if any. Locust Grove Land Company, as Attorney-in Fact for Seven Seven Seven Associates, Inc. James A. Parker, Attorney 92 Luckie Street, NW Atlanta, Georgia 30303 7-7-4tc Notice NOTICE OF SALE UNDER POWER IN SECURITY DEED NO. 10771 GEORGIA, BUTTS COUNTY BY REASON of a default in the payment of the monthly installments due under the terms of the note, there will be sold by the undersigned in front of the courthouse door, in Butts County, Georgia, on the first Tuesday in August, 1977, during the legal hours of sale, to the highest bidder, for cash, the following described property, to-wit: All that tract or parcel of land lying and being in Land Lot 82 of the Ist Land District, 615th District, GM, of Butts County, Georgia, containing one acre, and being more particularly described as follows; BEGINNING at an iron pin located on the North right of way line of Patrick Lane at a distance of 210 feet West from its intersection with Shiloh Road; thence South 89 degrees 46 minutes West for a distance of 195 feet to an iron pin; thence North 1 degree 30 minutes East for a distance of 223 feet 5 inches to an iron pin; thence North 89 degrees 46 minutes East for a distance of 195 feet to an iron pin; thence South 1 degree 30 minutes West for a distance of 223 feet 5 inches to an iron pin which is the point of beginning. This is the same tract or parcel of land as that conveyed by John L. Patrick and Anne P. McClelland to Minnie Smith and Donald Smith by Warranty Deed executed October 8,1973, and recorded in Deed Book 52, Page 735-736, Butts County Records. This is the same tract or parcel of land as that designated Lot Number 10 in a plat prepared by T. A. Carmichael, Butts County Surveyor, dated May 21,1971, and recorded in Plat Book 3, Page 112, Butts County Records. This tract or parcel of land is more accurately described in a plat prepared by T. A. Carmichael, Butts County Surveyor, dated May 24,1971, and recorded in Plat Book 4, Page 162, in the Office of the Clerk of the Superior Court of Butts, County, Georgia. Said property will be sold as the property of MINNIE SMITH and DONALD SMITH under and by virtue of the power and authority contained in a certain Deed to Secure Debt from MINNIE SMITH and DONALD SMITH to ARCHWAY HOMES, dated March 27th, 1974, and recorded in Deed Book 53, Page 432-433, Butts County Records and trans ferred to FBS HOMES, INC. on April 15th, 1974, recorded in Deed Book 53, Page 609-610. County Records. Said property will be sold subject to all unpaid taxes •lnd-or special assessments against the proputy and-or restrictions of record, if any. This 20th day of June, 1977. FBS HOMES, INC. As Attorney-in-Fact for MINNIE SMITH and DONALD SMITH Francis M. Lewis Attorney 7-7-4tc Notice LEGAL NOTICE Atlanta Gas Light Com pany has applied to the Public Service Commission for authority to purchase, own and operate the natural gas distribution facilities of the City of Jackson, Georgia located in Butts and Lamar Counties, Georgia. In the application, Atlanta Gas Light Company also seeks a Distribution System Certifi cate of Public Convenience and Necessity authorizing gas distribution service by Atlanta Gas Light Company in all of Butts County, Georgia. The application is contingent upon Atlanta Gas Light Company being the successful bidder for such natural gas distribution facilities of the City of Jackson. This matter has been assigned for public hearing before the Commission be ginning at 10:00 A.M. on Wednesday, July 27, 1977, in the Commission Hearing Room, 177 State Office Building, 244 ' Washington Street, S. W., Atlanta, Georgia, at which time anyone interested in this matter will be given an opportunity of expressing his views. This Notice is published at the direction of the Georgia Public Service Commission. ATLANTAGAS LIGHT COMPANY By: W.L.LEE Chairman of the Board of Directors 7-7-3tc Notice NOTICE OF INCORPORATION “HICKORY HOLLOW GOLF CLUB INC. has been duly incorporated on the 15th day of June 1977, by the issuance of a Certificate of Incorporation by the Secre tary of State, Ex-Officio Corporation Commissioner for the State of Georgia, in accordance with the applica ble provisions of the Georgia Business Corporation Code. The initial registered office of the corporation is located at 300 West Third St., Jackson, Georgia, and it’s initial registered agent at such address is Byrd Garland.” 6-23-4tp Notice NOTICE TO CREDITORS, ETC. GEORGIA, BUTTS COUNTY In re: Estate of Mrs. Allie Florence Bankston (Mrs. Gordon) Notice hereby is given that anyone having a claim against the above-named estate shall give notice thereof to the undersigned, the executor of the will, at the address hereinafter shown: Loren Cash Route No. 3 Ellenwood, Georgia 30049 This the First day of July, 1977. Loren Cash Richard W. Watkins, Jr. Attorney at Law P. O. Box 105 169 Dempsey Avenue Jackson. Georgia 30233 7-7-4tc