About The Georgia post. (Knoxville, Crawford County, Ga.) 19??-current | View Entire Issue (Feb. 7, 2013)
PAGE 7 - THURSDAY, FEBRUARY 7. 2013 Notice of Foreclosure The Right to Redeem State of Georgia County of Crawford To: Richard Thomas McCowen, Donald J. McCowen, 1167 Fairplay Hill Rd., Musella, GA 31066. Resi dent/Tenant/Occupant and all other parties, known and unknown having n interest in the property hereinafter de scribed: Tax Parcel #C054-091. Take Notice That: The right to redeem the following described property to-wit: All and only that parcel of land desig nated as Tax Parcel C054-091, in Land Lot 115 of the 2nd Land Dis trict, Crawford County, Georgia, be ing 10.64 acres, more or less, being Tract 8, shown in Plat Book 5, Page 92, described in Deed Book 178, Page 604, less and except Tract 8-B shown in Plat Book 14, Page 409, loctd on Fairplay Hill Road. Will expire and be forever foreclosed and barred on and after the 23rd day of February, 2013 at 5:00 p.m. The tax deed to which this notice is re lated is dated 1st of November, 2011 and is recorded in Deed Book 315, Pages 304, Clerk’s Office Crawford Superior Court. The property may be redeemed at any time before Febru ary 23, 2012 at 5:00 p.m. by payment of the redemption price as provided by law to the undersigned at the following address: Lamar A. Brown, Luann S. Brown, 1001 Fairplay Hill Road, Mu sella, GA 31066. Please be governed accordingly. Lamar A. Brown and Luann S. Brown By: David Mincey David L. Mincey, Jr. Their Attorney At Law State Bar #510350 (1-15) McCowen 1/31-2/21 In The Probate Court State of Georgia County of Crawford In RE: Estate Of Samuel Hodge Zellner, Estate No. 13-003 Deceased. Petition For Letters Of Administration. Notice To: Michele Zellner-Flaherty and Sami Zellner. Natasha Zellner- Crawford has petitioned to be appointed Adminis trator of the estate of Samuel Hodge Zellner, deceased, of said County. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the pe tition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before February 25, 2013. All objections must be signed under oath before a notary public/probate court clerk, and filing fees must be tenedered with your ob jections. Contact probate court person nel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hear ing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Pamela L. Busbee, Probate Judge Lindsay G. Hudson, Probate Clerk P.O. Box 1028 Roberta, GA 31078 (478)836-3313 (1-16) Zellner 1/31-2/21 In The Probate Court State of Georgia County of Crawford In RE: Estate Of Evelyn Peggy Jack- son, Estate No. 13-004 Deceased. Pe tition For Letters Of Administration. No tice To:Rick Jackson. Curtis L. Jackson has petitioned to be appointed Admin istrator of the estate of Evelyn Peggy Jackson, deceased, of said County. (The Petitioner has also applied for waiver of bond and/or grant of certan powers contained in aO.C.G.A. 53-12- 261.) 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 such objec tions, and must be filed with the court on or before February 25, 2013. All ob jections must be signed under oath be fore a notary public/probate court clerk, and filing fees must be tenedered with your objections. Contact probate court personnel at the following address/tele phone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the peti tion may be granted without a hearing. Pamela L. Busbee, Probate Judge Lindsay G. Hudson, Probate Clerk P.O. Box 1028 Roberta, GA31078 (478)836-3313 (1-17) Jackson1/31-2/21 In The Probate Court State of Georgia County of Crawford In RE: Estate Of Helene Ray Newby, Estate No. 13-005 Deceased. Notice of Petition To File For Year’s Support. The petition of James Tony Newby, for a year’s support from the estate of Helene Ray Newby, deceased, for de cedent’s surviving spouse, having been duly filed all interested person are here by notified to show cause, if any they have, on or before February 25, 2013, why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preced ing sentence. Contact probate court personnel at the following address/tele phone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the peti tion may be granted without a hearing. Pamela L. Busbee, Probate Judge Lindsay G. Hudson, Probate Clerk P.O. Box 1028 Roberta, GA31078 (478)836-3313 (1-18) Newby1/31-2/21 Notice To Debtors And Creditors State of Georgia County of Crawford In RE: Estate of Marion Columbus Whitman, Deceased. All creditors of the Estate of Marion Columbus Whitman, deceased, late of Crawford County, are hereby notified to render their de mands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to this undersigned. This 30th day of January, 2013. Heather Taylor, Administrator of the Estate of Marion Columbus Whitman, Deceased. 830 South Main Street, Beaver Dam, KY 42320. Robert R. Lawson Daniel, Lawson, Tuggle & Jerles, LLP P.O. Box 89 Perry, GA31069 (2-1) Whitman 2/7-2/28 Notice of Sale Linder Power State of Georgia County of Crawford By virtue of the power of sale con tained in a Security Deed from Roger C. Pierce to Advanta National Bank dated June 22, 2000 recorded in Deed Book 187, Page 85, Crawford County Records, and last assigned to JPMor- gan Chase Bank, National Asso ciation, conveying the after-described property to secure a Note in the origi nal principal amount of Ninety-Four Thousand Five Hundred and 0/100 ($94,500.00), 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 Crawford County, Georgia, dur ing the legal hours of sale on the first Tuesday, March 5, 2013 the following described property, to wit: All that tract or parcel of land lying and being in Land Lot 21 of the 6th Land District of Crawford County, Georgia, and being designated as a tract of land containing 3.43 acres, according to a plat of survey in Plat Book 4, Page 157, Clerk’s Office, Crawford Superior Court, which said plat is by this reference thereto incorporated herein. Deed Reference: Deed Book 56, page 450 and Deed Book 1271, page 147, Crawford County Records. The Debt secured by said security Deed has been and is hereby declared due because of nonpayment of the in debtedness when due and in the man ner provided in the Note and Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of sale, as provided in the Security Deed and by law, including 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, any assessments, liens, encumbrances, zoning ordinances, re strictions, covenants, and matters of re cord 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 Roger C. Pierce or, a tenant or tenants, and said property was or is commonly known as 2209 Lower Hartley Bridge Road, Byron, GA 31008. 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 secu rity deed. JPMorgan Chase Bank, Na tional Association As Attorney in Fact for Roger C. Pierce. (2-2) Pierce 2/7-2/28 Notice of Sale Linder Power State of Georgia County of Crawford Linder and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOSEPH WARE AND ELIZABETH WARE to MORTGAGE ELECTRONIC REGISTRATION SYS TEMS, INC. ("MERS”), AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., dated 03/30/2007, and Recorded on 04/10/2007 as Book No. 272 and Page No. 554-570, CRAWFORD Coun ty, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE- HOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SE RIES 2007-7 (the Secured Creditor), by assignment, conveying the after- described property to secure a Note of even date in the original principal amount of $106,300.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the CRAWFORD County Courthouse within the legal hours of sale on the first Tuesday in March, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LY ING AND BEING IN LAND LOTS 195 AND 196 OF THE SIXTH LAND DIS TRICT OF CRAWFORD COUNTY, GEORGIA, BEING KNOWN AND DES IGNATED AS LOT 10-A CONTAINING 1.963 ACRES, AS SHOWN ON A PLAT OF SURVEY ENTITLED ’’PROPERTY SURVEY FOR ROSE MARIE BUR DETTE”, PREPARED BY THOMAS W. FUTRAL, III, GEORGIA REGISTERED LAND SURVEYOR NO. 1202, DATED JULY 7, 1994, A COPY OF WHICH IS OF RECORD IN PLAT BOOK 11, PAGE 229, CLERK’S OFFICE, CRAWFORD SUPERIOR COURT. SAID PLAT AND THE RECORDED COPY THEREOF ARE INCORPORATED HEREIN BY REFERENCE THERETO FOR ALL PURPOSES. THE ABOVE DE SCRIBED PROPERTY IS CONVEYED TO PROTECTIVE COVENANTS AS CONTAINED IN INSTRUMENT OF RECORD IN DEED BOOK 93, PAGE 253, CLERK’S OFFICE, CRAWFORD SUPERIOR COURT; ALSO, SUBJECT TO EASEMENTS AND RIGHTS-OF- WAY FOR PUBLIC ROADS AND UTILITIES AS THEY NOW EXIST, AND BUILDING LINES AND OTHER MATTERS SHOWN ON THE AFORE SAID RECORDED PLAT OF SURVEY. DEED REFERENCE: DEED BOOK 246, PAGE 61, CLERK’S OFFICE, CRAWFORD SUPERIOR COURT. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the in debtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt re mains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees hav ing been given). THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CER TIFICATES, SERIES 2007-7 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7 (the current investor on the loan), is the entity with the full authority to negoti ate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44-14- 162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowl edge and belief of the undersigned, the party/parties in possession of the subject property known as 2268 WES LEY CHAPEL RD, FORT VALLEY, GEORGIA 31030 is/are: JOSEPH WARE AND ELIZABETH WARE or ten ant/tenants. Said property will be sold subject to (a) any outstanding ad va lorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, en cumbrances, zoning ordinances, ease ments, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until fi nal confirmation and audit of the status of the loan as provided in the preced ing paragraph. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CER TIFICATES, SERIES 2007-7 as Attor ney in Fact for JOSEPH WARE AND ELIZABETH WARE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031407441 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341- 5398. (2-3) Ware 2/7-2/28 Notice Of Sale Under Power State of Georgia County of Crawford By virtue of a Power of Sale con tained in that certain Deed to Secure Debt (With Future Advance Clause) from MARK L. GAYLORD AND TAM MY J. GAYLORD to State Bank and Trust Company (by virtue of that certain Assignment of Loan Documents, filed and recorded July 16, 2012 in Deed Book 319, Page 485, CRAWFORD COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Cor poration as receiver for Piedmont Com munity Bank) (“State Bank and Trust Company"), dated August 5, 2008, filed and recorded August 19, 2008 in Deed Book 288, Page 418, Crawford County, Georgia Records (as amended, modi fied, or revised from time to time, “Se curity Deed"), said Security Deed hav ing been given to secure a Note in the original principal amount of ONE HUN DRED NINETY-EIGHT THOUSAND FOUR HUNDRED AND NO/100THS DOLLARS ($198,400.00) (as amended, modified, or revised from time to time, collectively referred to as the “Note"), with interest thereon as provided for therein, there will be sold at public out cry to the highest bidder for cash before the courthouse door of CRAWFORD COUNTY, Georgia, within the legal hours for sale on the first Tuesday in March, 2013, all property described in said Security Deed, including, but not limited to, declarant’s rights, if any, and, without limitation, the following de scribed property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, pre viously been released from the lien of the Security Deed): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 97, LAND DIS TRICT TWO, GMD 630 OF CRAW FORD COUNTY, GEORGIA, CON TAINING 12.40 ACRES ACCORDING TO THAT CERTAIN PLAT OF SUR VEY ENTITLED ’’SURVEY OF PROP ERTY FOR MICHAEL H. JACKSON”, PREPARED BY BYRON L. FARMER, SURVEYOR, DATED MAY 20, 2005, AND RECORDED IN PLAT BOOK 14, PAGE 950, CLERK’S OFFICE, CRAW FORD SUPERIOR, WHICH PLAT IS BY THIS REFERENCE INCORPO RATED HEREIN AND MADE A PART OF THIS DESCRIPTION. THE PROP ERTY HEREIN DESCRIBED BEING A PORTION OF THE PROPERTY CON VEYED BY MADELLIE PROPERTIES, LLC TO MICHAEL H. JACKSON BY LIMITED WARRANTY DEED DATED MARCH 28, 2005, AND RECORDED IN DEED BOOK 249, PAGES 773-775, AFORESAID RECORDS. The indebt edness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, includ ing, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the fol lowing items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, in cluding, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said prop erty; To the best of the knowledge and belief of the undersigned, the party in possession of the property is MARK L. GAYLORD AND TAMMY J. GAYLORD or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. State Bank and Trust Company and its counsel are acting as debt col lectors. Any information obtained will be used for that purpose. State Bank and Trust Company as Attorney-in-Fact for MARK L. GAY LORD AND TAMMY J. GAYLORD Contact: Guillermo Todd, Esq. Busch, Slipakoff & Schuh, LLP 3330 Cumberland Boulevard, Suite 300 Atlanta, Georgia 30339 Telephone (770) 790-3550 (2-4) Gaylord 2/7-2/28 Notice Of Sale Under Power State Of Georgia County Of Crawford Because of a default in the payment of the indebtedness secured by a Security Deed executed by Joseph A. Wilson to Talbot State Bank dated October 14, 2009, and recorded in Deed Book 297, Page 379, Crawford County Records, securing a Note dated October 14, 2009 in the original principal amount of $16,616.91, 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, March 5, 2013, 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 lying and being in Land Lot 114 and 143, Second District, Crawford County, Georgia, containing 1.7 acres, more or less, and bounded as follows: North by O’Neal Gibson, East by David and Sandra Williams, South by Hugh and Linda Vines and West by Fairplay Hill Road. This is the same property conveyed to William J. Car- reker, Sr. by Warranty Deed recorded in Deed Book 53, Page 412, Clerk’s Of fice, Crawford Superior Court, less and except 0.3 acres sold to Hugh and Lin da Vines. Linda Gale Morris is the same person as Linda Gale Dawson. Said property is known as 580 Fair Play Hill Road, Musella, GA 31066, 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 sur vey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 attor ney’s fees in accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Joseph A. Wilson, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Joseph A. Wilson or a tenant or tenants, and the proceeds of said sale will be applied to the payment of said indebtedness and all 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. Talbot State Bank as Attorney-in-Fact for Joseph A. Wilson (2-5) Wilson 2/7-2/28 In The Probate Court State of Georgia County of Crawford In RE: Estate of Thomas C. Carmi chael, Estate No. 11-012 Deceased. Notice of Petition to file for year’s support. The petition of Heather R. Carmichael, for a year’s support from the estate of Thomas C. Carmichael, deceased, having been duly filed all interested persons are hereby notified to show cause, if any they have, on or before March 4,2013, why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objec tions, and must be filed on or before the time stated in the preceding sentence. All objections must be signed before a notary public/probate court clerk, and filing fees must be tendered with your objections. Contact probate court per sonnel at the following address/tele phone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the peti tion may be granted without a hearing. Pamela L. Busbee, Probate Judge Lindsay G. Hudson, Probate Clerk P.O. Box 1028 Roberta, GA31078 (478) 836-3313 (2-6) Carmichael 2/7-2/28 NOTICE OF SALE UNDER POWER State Of Georgia County of Crawford THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Sidney S Adams to Wells Fargo Home Mortgage, Inc., dated February 6, 2004, recorded in Deed Book 234, Page 542, Crawford County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($97,000.00), 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 Crawford County, Georgia within the legal hours of sale on the first Tuesday in March, 2013, the following described property: SEE EX HIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF The debt se cured 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, including attorney’s fees (notice of in tent 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, restric tions, covenants, and matters of record superior to the Security Deed first set out above. Wells Fargo Bank, N.A. suc cessor by merger to Wells Fargo Home Mortgage, Inc. is the holder of the Note and Security Deed to the property in accordance with OCGA§ 44-14-162.2. The entity that has full authority to ne gotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage a div. of Wells Fargo Bank, N.A., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. To the best knowledge and belief of the undersigned, the party in possession of the property is Sidney S Adams or a tenant or tenants and said property is more commonly known as 38 Oak Hill Drive, Byron, Georgia 31008. The sale will be conducted subject (1) to confirmation that the sale is not prohib ited 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. Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Sidney S Adams McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclo- surehotline.net MR/rcf1 3/5/13 Our file no. 5892412-FT7 EXHIBIT “A” All that tract or parcel of land situate, lying and being in Land Lot 76 of the Sixth (6th) Land District of Crawford County, Geor gia. being known and designated as Lot 12, Section No. 1. Rustic Woods Sub division, according to a plat of survey being of record in Plat Book 13, Pages 265-266, Clerk’s Office. Crawford Su perior Court. Said plat and the record thereof are incorporated herein by ref erence for all purposes. MR/rcf 1 3/5/13 Our file no. 5892412-FT7 (2-7) Adams 2/7-2/28 Notice Of Sale Under Power State of Georgia County of Crawford Will be sold Tuesday, March 5, 2013, before the courthouse door in Crawford County, Georgia, during the legal hours of sale, to the highest bid der for cash, the following described property, to-wit: All that tract or parcel of land lying and being in Land Lot 33 of the 8th District, Crawford County, Georgia, and being more particularly known and designated as Lot 1, con taining 1.57 acres, more or less, as shown on that certain plat of survey entitled “Subdivision Tipton Farms” made by Brent Cunningham, Georgia Registered Land Surveyor, dated May 16, 1998 recorded in Plat Book 13, Page 185, Crawford County, Geor gia Records, to which plat reference is made for a more detailed descrip tion. This property is known under the present system of numbering as 990 Cleveland Road, Fort Valley, Geor gia 31030. Sale will be made under the power of sale contained in a deed to secure debt dated October 16, 2009, from Brian Bearden to State Bank and Trust Company to secure a promissory note of even date there with in the original principal amount of $34,000.00, and all renewals, exten sions or modifications thereof. Said deed appears of record in the Office of the Clerk of the Superior Court of Crawford County, Georgia, in Deed Book 297, Page 593. Default hav ing occurred in the payment of the indebtedness thereby secured and in compliance with other terms and provisions thereof, the power of sale in said deed to secure debt has be come operative. A copy of this notice of sale has been given to the debtor as required by O.C.G.A. §44-14- 162.1. The proceeds of said sale will be applied as provided in said deed to secure debt. Sale will be made subject to unpaid ad valorem taxes and assessments, if any. To the best of the undersigned’s knowledge and belief the party in possession of the property is Brian Bearden. The en tity with full authority to negotiate, amend, and modify the terms of the Deed to Secure Debt is: State Bank and Trust Company, The Lenox Build ing, 3399 Peachtree Road NE, Suite 2050, Atlanta, Georgia 30326; Tele phone (404) 266-4643. This 1st day of February, 2013.STATE BANK AND TRUST COMPANY AS ATTORNEY- IN-FACT FOR BRIAN BEARDEN J. PATRICK GOFF JONES, CORK & MILLER, LLP P. O. Box 6437 Macon, Georgia 31208-6437 (478) 745-2821 (2-8) Bearden 2/7-2/28 Continue on Page 8