Newspaper Page Text
PAGE 7 - THURSDAY,
FEBRUARY 28. 2013
Notice To Debtors And Creditors
State of Georgia
County of Crawford
In RE: Estate of Marion Colum
bus Whitman, Deceased. All credi
tors of the Estate of Marion Colum
bus Whitman, deceased, late of
Crawford County, are hereby noti
fied to render their demands 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 Es
tate of Marion Columbus Whit
man, Deceased. 830 South Main
Street, Beaver Dam, KY 42320.
Robert R. Lawson
Daniel, Lawson, Tuggle & Jerles,
LLP
P.O. Box 89
Perry, GA 31069
(2-1) Whitman 2/7-2/28
Notice of Sale Under Power
State of Georgia
County of Crawford
Under and by virtue of the Power
of Sale contained in a Deed to Se
cure Debt given by JOSEPH WARE
AND ELIZABETH WARE to MORT
GAGE ELECTRONIC REGISTRA
TION SYSTEMS, INC. ("MERS”),
AS NOMINEE FOR COUNTRY
WIDE HOME LOANS, INC. , dated
03/30/2007, and Recorded on
04/10/2007 as Book No. 272 and
Page No. 554-570, CRAWFORD
County, Georgia records, as last as
signed to THE BANKOF NEWYORK
MELLON FKATHE BANK OF NEW
YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-7
(the Secured Creditor), by assign
ment, 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 Court
house 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, LYING AND BE
ING IN LAND LOTS 195 AND 196
OF THE SIXTH LAND DISTRICT
OF CRAWFORD COUNTY, GEOR
GIA, BEING KNOWN AND DESIG
NATED AS LOT 10-A CONTAINING
I. 963 ACRES, AS SHOWN ON
A PLAT OF SURVEY ENTITLED
’’PROPERTY SURVEY FOR ROSE
MARIE BURDETTE”, 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
II, PAGE 229, CLERK’S OFFICE,
CRAWFORD SUPERIOR COURT.
SAID PLAT AND THE RECORDED
COPY THEREOF ARE INCOR
PORATED HEREIN BY REFER
ENCE THERETO FOR ALL PUR
POSES. THE ABOVE DESCRIBED
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 PUB
LIC ROADS AND UTILITIES AS
THEY NOW EXIST, AND BUILD
ING LINES AND OTHER MATTERS
SHOWN ON THE AFORESAID
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 indebted
ness as and when due and in the
manner provided in the Note and
Deed to Secure Debt. Because the
debt remains 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 having been
given). THE BANK OF NEW YORK
MELLON FKATHE BANK OF NEW
YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-7
holds the duly endorsed Note and
is the current assignee of the Se
curity Deed to the property. BANK
OF AMERICA, N.A., AS SUCCES
SOR BY MERGER TO BAC HOME
LOANS SERVICING, LP, acting on
behalf of and, as necessary, in con
sultation with THE BANK OF NEW
YORK MELLON FKA THE BANK
OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLD
ERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES,
SERIES 2007-7 (the current in
vestor on the loan), is the entity
with the full authority to negotiate,
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 SUCCES
SOR 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
knowledge and belief of the under
signed, the party/parties in posses
sion of the subject property known
as 2268 WESLEY CHAPEL RD,
FORT VALLEY, GEORGIA 31030
is/are: JOSEPH WARE AND ELIZ
ABETH WARE or tenant/tenants.
Said property will be sold subject
to (a) any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
(b) any matters which might be dis
closed 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, encumbrances,
zoning ordinances, easements, re
strictions, covenants, etc. The
sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bank
ruptcy Code; and (2) final confirma
tion and audit of the status of the
loan with the holder of the security
deed. Pursuant to O.C.G.A. Sec
tion 9-13-172.1, which allows for
certain procedures regarding the
rescission of judicial and nonjudi
cial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not
be provided until final confirmation
and audit of the status of the loan
as provided in the preceding para
graph. THE BANK OF NEW YORK
MELLON FKATHE BANK OF NEW
YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-7
as Attorney in Fact for JOSEPH
WARE AND ELIZABETH WARE.
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR ATTEMPT
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
20120031407441 BARRETT DAF-
FIN 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
contained in that certain Deed to
Secure Debt (With Future Advance
Clause) from MARK L. GAYLORD
AND TAMMY 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, Geor
gia Records, assignee of the Fed
eral Deposit Insurance Corporation
as receiver for Piedmont Commu
nity Bank) (“State Bank and Trust
Company”), dated August 5, 2008,
filed and recorded August 19, 2008
in Deed Book 288, Page 418, Craw
ford County, Georgia Records (as
amended, modified, or revised from
time to time, “Security Deed”), said
Security Deed having been given to
secure a Note in the original prin
cipal amount of ONE HUNDRED
NINETY-EIGHT THOUSAND FOUR
HUNDRED AND NO/100THS DOL
LARS ($198,400.00) (as amended,
modified, or revised from time to
time, collectively referred to as the
“Note”), with interest thereon as pro
vided for 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 for sale on
the first Tuesday in March, 2013,
all property described in said Secu
rity 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 in
strument, previously been released
from the lien of the Security Deed):
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 97, LAND DISTRICT
TWO, GMD 630 OF CRAWFORD
COUNTY, GEORGIA, CONTAIN
ING 12.40 ACRES ACCORDING
TO THAT CERTAIN PLAT OF
SURVEY ENTITLED ’’SURVEY
OF PROPERTY FOR MICHAEL
H. JACKSON”, PREPARED BY
BYRON L. FARMER, SURVEY
OR, DATED MAY 20, 2005, AND
RECORDED IN PLAT BOOK 14,
PAGE 950, CLERK’S OFFICE,
CRAWFORD SUPERIOR, WHICH
PLAT IS BY THIS REFERENCE
INCORPORATED HEREIN AND
MADE A PART OF THIS DESCRIP
TION. THE PROPERTY HEREIN
DESCRIBED BEING A PORTION
OF THE PROPERTY CONVEYED
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 RE
CORDS. The indebtedness secured
by said Security Deed has been and
is hereby declared due because of
default under the terms of said Se
curity Deed and Note, including,
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 at
torneys’ fees and other payments
provided for under the terms of
the Security Deed and Note. Said
property will be sold subject to the
following 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, including, but
not limited to, ad valorem taxes,
which constitute liens upon said
property; special assessments; and
all outstanding bills for public utili
ties which constitute liens upon said
property; To the best of the knowl
edge and belief of the undersigned,
the party in possession of the prop
erty 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 collectors. Any infor
mation obtained will be used for that
purpose.
State Bank and Trust Company
as Attorney-in-Fact for MARK L.
GAYLORD AND TAMMY J. GAY
LORD
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 Book297, Page 379, Crawford
County Records, securing a Note
dated October 14, 2009 in the origi
nal 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 pay
able 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, be
fore the Courthouse door in said
County, sell at public outcry to the
highest bidder for cash, the prop
erty 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. Carreker, Sr. by Warranty Deed
recorded in Deed Book 53, Page
412, Clerk’s Office, Crawford Supe
rior Court, less and except 0.3 acres
sold to Hugh and Linda 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 prop
erty will be sold subject to any out
standing ad valorem taxes (includ
ing 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, cov
enants, and matters of record supe
rior 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 se
curity 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 Joseph A. Wilson, the property,
to the best information, knowledge
and belief of the undersigned, be
ing presently in the possession of
Joseph A. Wilson or a tenant or ten
ants, 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 dis
tributed 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.
Carmichael, 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, set
ting forth the grounds of any such
objections, and must be filed on or
before the time stated in the preced
ing sentence. All objections must be
signed before a notary public/pro
bate court clerk, and filing fees must
be tendered with your objections.
Contact probate court personnel
at the following address/telephone
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 petition 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
Will be sold Tuesday, March 5,
2013, before the courthouse door
in Crawford County, Georgia, dur
ing the legal hours of sale, to the
highest bidder for cash, the fol
lowing 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, containing
1.57 acres, more or less, as shown
on that certain plat of survey entitled
“Subdivision Tipton Farms” made by
Brent Cunningham, Georgia Regis
tered 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,
Georgia 31030. Sale will be made
under the power of sale contained
in a deed to secure debt dated Oc
tober 16, 2009, from Brian Bearden
to State Bank and Trust Company
to secure a promissory note of even
date therewith in the original princi
pal amount of $34,000.00, and all
renewals, extensions or modifica
tions 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 having 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 become
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 sub
ject 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
entity with full authority to negotiate,
amend, and modify the terms of the
Deed to Secure Debt is: State Bank
and Trust Company, The Lenox
Building, 3399 Peachtree Road NE,
Suite 2050, Atlanta, Georgia 30326;
Telephone (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
Notice of Foreclosure
State of Georgia
County of Crawford
Undersigned will sell before the
Courthouse door in CRAWFORD
County, Georgia, between the legal
hours of sale on the first Tuesday in
March, 2013, to the highest bidder
for cash the following: All that tract
or parcel of land lying and being in
Land Lots 86 and 87, Third Land
District, Crawford County, Georgia,
being known a distinguished as that
certain 1.06 acres in a subdivision
of the Sorrow Property being more
particularly described according to
a plat of record in Plat Book 12,
Page 278, Clerk’s Office, Crawford
Superior Court, which said plat is by
this reference thereto incorporated
herein for the purpose of a more
particular and accurate description
of said 1.06 acres hereby conveyed.
There are improvements located
thereon known under the present
system of numbering as 10562
Highway 80, Lizella, Crawford
County, Georgia. ALSO, All that
tract or parcel of land lying and being
in Land Lots 86 and 87, Third Land
District, Crawford County, Georgia,
being known a distinguished as that
certain 0.69 acres in a subdivision
of the Sorrow Property being more
particularly described according to
a plat of record in Plat Book 13,
Page 112, Clerk’s Office, Crawford
Superior Court, which said plat is by
this reference thereto incorporated
herein for the purpose of a more
particular and accurate description
of said 0.69 acres hereby conveyed.
The properties above described are
the same and identical properties
conveyed to Deutsche Bank Trust
Company Americas fka Bankers
Trust Company, as Trustee and
Custodian, by deed dated April 4,
2006, recorded in Deed Book 261,
Page 857, Clerk’s Office, Crawford
Superior Court. Said sale will be
conducted and a Deed executed to
the purchaser pursuant to the pow
ers contained in a Deed to Secure
Debt from Angela M. Brice to Wilson
Rental Holding Trust dated Febru
ary 26, 2010, and recorded in Deed
Book 299, Page 693, Clerk’s Office,
CRAWFORD Superior Court. Said
Deed to Secure Debt was execut
ed to secure a Note between the
same parties of the same date in
the amount of $71,546.00, together
with interest provided therein, princi
pal and interest being repayable on
or before January 1, 2013. Wilson
Rental Holding Trust is the owner
and holder of said Note and said
Deed to Secure Debt, which secures
the same. The loan is in default due
to nonpayment and because of said
default in failing to make payment
when due and in accordance with
the provisions of said Note and of
said Deed to Secure Debt, the un
dersigned has exercised its option
to declare the remainder of the debt
due and collectible, and the power
of sale contained in said Deed to
Secure Debt has become operative.
The said Angela M. Brice has been
notified in writing that the provisions
in said Note relative to the payment
of attorney’s fees will be enforced.
Said sale will be conducted subject
to any State and County ad valor
em taxes due and payable on said
property, a deed executed to the
purchaser and the proceeds applied
in accordance with the provisions of
said Deed to Secure Debt. THIS
FIRM IS ACTING AS A DEBT COL
LECTOR AND ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE. Wilson Rental
Holding Trust, as attorney in fact for
Angela M. Brice
T. BARON GIBSON, II
MARTIN SNOW, LLP
P.O. Box 1606
Macon, GA 31202
(478) 749-1715
G0439.34436
(2-9) Brice 2/7-2/28
Notice Of Opportunity For A Pub
lic Hearing
Private Enterprise Coordination
Rural Public Transportation Pro
gram (Crawford County) is applying
for funding assistance under Title 49
U. S.C. Section 5311 of the Federal
Transit Act pertaining to rural and
small urban areas. The (County) will
offer general public transportation to
all citizens of (Crawford County) for
any worthwhile purpose, including
but not limited to shopping, medical
treatment, social services and other
purposes. The (County) solicits
private sector input and participa
tion to assure that private for-profit
transportation operators have a fair
and timely opportunity to participate
in the development of this program.
The (county) also solicits comments
and concerns from the general pop
ulation on local rural public trans
portation services. The (County)
also solicits comments and con
cerns from the disabled population
and their representatives to assure
that issues relating to the disabled
are addressed in the service design
proposed during the planning pro
cess. Interested persons are invited
to request that a public hearing be
held to discuss the services being
offered or development of the appli
cation. Written comments, requests
for a public hearing and/or written
notice of intent by private for-profit
transportation operators to provide
or participate in the above services
should be submitted no later than
fifteen (15) days from the date of
this publication to: Crawford County
Board of Commissioners
P.O. Box 1059
Roberta, Georgia 31078
478-836-3782
If no response is received within the
fifteen (15) days, the Department of
Transportation will proceed with the
application.
(2-13) Public Transportation 2/14-
2/28
IN THE JUVENILE COURT OF
CRAWFORD COUNTY, GEORGIA
IN THE INTEREST OF: A. Z.,
SEX W/M, AGE 2, DOB 12/15/10,
CASE #039-13J-004, A. A., SEX
H/F, AGE 6, DOB 10/11/05, CASE
#039-13J-005, C. A., SEX H/F,
AGE 9, DOB 05/31/03, CASE
#039-13J-006 CHILDREN UNDER
18 YEARS OF AGE. TO WHOM IT
MAY CONCERN, CHRIS ZIELKE,
ANY UNKNOWN PUTATIVE FA
THER AND ANYONE CLAIMING
A PARENTAL INTEREST IN THE
ABOVE CHILDREN BORN TO
AMANDA ARELLANO. You are
notified that a Motion for Extension
of Custody was filed against you in
said court on 02/07/13, an Order
for Service by Publication was en
tered on 01/31/13 YOU ARE COM
MANDED AND REQUIRED TO BE
AND APPEAR before Crawford
County Juvenile Court, held at
Peach County Courthouse, Ft.
Valley, Georgia on 01/17/13 at 11
o’clock a.m. for a hearing and on
04/04/13 at 8:30 o’clock a.m. for
a hearing following service by
publication. Serve an answer on
Petitioner’s Attorney, James E. Pat
terson, P. O. Box 1006, Forsyth,
Georgia 31029. You may obtain a
copy of the petition by contacting
Crawford County Juvenile Court
Clerk. WITNESS the Honorable
Judges of this court, this 7th day
of February, 2013.
Isl Jennifer Beach, Chief Deputy
Clerk CLERK, CRAWFORD CO.
JUVENILE COURT
(2-15) Arellano 2/14-3/7
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