Newspaper Page Text
6C
'■THE HOUSTON HOME JOURNAL, WEDNESDAY, FEBRUARY 20, 1991
Foreclosure
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
CONTY OF HOUSTON
WHEREAS, AMERIFIRST COMMUNI
TIES, INC a Georgia corporation
(hereinafter called "Debtor"), did execute
and deliver to BANK SOUTH, N.A., a na
tional banking association (hereinafter
called "Lender"), that certain Deed to
Secure Debt and Security Agreement
dated February 24, 1988, recorded in
Deed Book 797, beginning at page 506,
in the office of the Clerk of the Superior
Court of Houston County, Georgia;
WHEREAS, such Deed to Secure
Debt and Security Agreement was modi
fied and amended by that certain First
Modification of Deed to Secure Debt and
Security Agreement dated as of May 9,
1990, executed by and between Debtor
and Lender, and recorded in Deed Book
880, beginning at page 41, in the Office
of the Clerk of the Superior Court of
Houston County, Georgia (the aforesaid
Deed to Secure Debt and Security
Agreement as modified and amended by
the aforesaid First Modification thereto
being hereinafter called the'Security
Deed");
WHEREAS, the Security Deed
granted and conveyed unto Lender all
those tracts or parcels of land lying and
being in Land Lots 114 and 121 of the
Fifth Land District, Houston County,
Georgia, and being more particularly de
scribed on Exhibit "A" attached hereto
and incorporated herein by reference
(hereinafter called the "Land");
EXHIBIT "A"
Tracts 7,8, 9 and 11
All that tract or parcel of land situate,
lying and being in Land Lot 121 of the
Fifth Land District of Houston County,
Georgia, and situated in the City of
Warner Robins and being more particu
larly described as follows:
Beginning at the intersection of the
west right of way of Westgate and the
south right of way of Watson Boulevard
(Georgia Highway 247 Connector);
thence North 89 degrees 47 minutes 00
seconds West for a distance of 602.25
feet along the south right of way of Wat
son Boulevard (Georgia Highway 247
Connector) to a point; thence South 00
degrees 13 minutes 00 seconds West
for a distance of 436.00 feet to a point,
said point being the POINT OF BEGIN
NING; thence South 00 degrees 13 min
utes 00 seconds West for a distance of
272.71 feet to a point; thence South 52
degrees 33 minutes 55 seconds West
for a distance of 133.93 feet to a point;
thence along a curve to the right having
a radius of 173.03 feet and an arc length
of 51.35 feet, being subtended by a
chord of North 28 degrees 47 minutes 00
seconds West for a distance of 51.16
feet to a point; thence North 20 degrees
17 minutes 00 seconds West for a dis
tance 254.97 feet to a point; thence
along a curve to the left having a radius
of 409.97 feet and an arc length of
497.29 feet, being subtended by a chord
of North 55 degrees 02 minutes 00 sec
onds West for a distance of 467.36 feet
to a point; thence North 89 degrees 47
minutes 00 seconds West for a distance
of 55.02 feet to a point; thence North 00
degrees 13 minutes 00 seconds East for
a distance of 240.95 feet to a point on
the south right of way of Watson Boule
vard (Georgia Highway 247 Connector);
thence South 89 degrees 47 minutes 00
seconds East for a distance of 509.15
feet along the south right of way of Wat
son Boulevard (Georgia Highway 247
Connector) to a point; thence South 00
degrees 13 minutes 00 seconds West
for a distance of 376.00 feet to a point;
thence North 89 degrees 47 minutes 00
seconds West for a distance of 150.00
feet to a point; thence along a curve to
the right having a radius of 409.97 feet
to an arc length of 75 10 feet, being sub
tended by a chord of South 36 degrees
38 minutes 52 seconds East for a dis
tance of 74.99 feet to a point; thence
South 89 degrees 47 minutes 00 sec
onds East for a distance of 254.87 feet
to a point, said point being the POINT OF
BEGINNING. Together with and subject
to covenants, easements, and restric
tions of record. Said property contains
4 942 acres, more or less.
North half of Tract 4
All that tract or parcel of land situate,
lying and being in Land Lots 114 and 121
of the Fifth Land District of Houston
County, Georgia, situated in the City of
Warner Robins, and being more particu
larly described as follows:
Beginning at the intersection of the
northeast right of way of Houston Lake
Road and the north right of way of
Westridge; thence North 25 degrees 57
minutes 00 seconds West for a distance
of 191 22 feet along the northeast right
of way of Houston Lake Road to a point,
said point being the POINT OF BEGIN
NING; thence North 25 degrees 57 min
utes 00 seconds West for a distance of
191.22 feet along the northeast right of
Houston Lake Road to a point; thence
North 81 degrees 03 minutes 21 sec
onds East for a distance of 460.58 feet
to a point; thence along a curve to the
left having a radius of 307.49 feet and an
arc length of 86.89 feet, being sub
tended by a chord of South 01 degrees
36 minutes 52 seconds West for a dis
tance of 86.60 feet to a point; thence
South 66 degrees 56 minutes 47 sec
onds West for a distance of 400.87 feet
to a point on the northeast right of way of
Houston Lake Road, said point being the
POINT OF BEGINNING Together with
and subject to covenants, easements
and restrictions of record. Said property
contains 1,325 acres, more or less
Tracts 3, 5 & portion of 2
All that tract or parcel of land lying and
being in Land Lots 114 and 121 of the
Fifth Land District of Houston County,
Georgia, and situated in the City of
Warner Robins, said tract being more
particularly described as follows.
Beginning at the intersection of the
northeast right of way of Houston Lake
Road and the north right of way of
Westridge; thence North 25 degrees 57
minutes 00 seconds West for a distance
of 382.44 feet along the northeast right
I The Houston Home ■
Journal
or way of Houston Lake Road to a point,
said point being the POINT OF BEGIN
NING; thence North 25 degrees 57 min
utes 00 seconds West for a distance of
355.00 feet along the northeast right of
way of Houston Lake Road to a point;
thence North 79 degrees 13 minutes 13
seconds East for a distance of 225.16
feet to a point; thence North 01 degrees
33 minutes 00 seconds East for a dis
tance of 414.91 feet to a point on the
south right of way of Watson Boulevard
(Georgia Highway 247 connector);
thence South 88 degrees 27 minutes 00
seconds East for a distance of 374.00
feet along the south right of way of Wat
son Boulevard (Georgia Highway 247
Connector) to a point; thence South 89
degrees 13 minutes 00 seconds East for
a distance of 460.80 feet along the
south right of way of Watson Boulevard
(Georgia Highway 247 Connector) to a
ooint; thence South 89 degrees 47 min
utes 00 seconds East for a distance of
378.35 feet along the south right of way
of Watson Boulevard (Georgia Highway
247 Connector) to a point; thence South
00 degrees 13 minutes 00 seconds
West for a distance of 240.95 feet to a
point; thence along a curve to the left
having a radius of 327.18 feet and an arc
length of 142.76 feet, being subtended
by a chord of South 77 degrees 43 min
utes 01 seconds West for a distance of
141 64 feet to a point; thence South 65
degrees 12 minutes 57 seconds West
for a distance of 91.47 feet to a point;
thence along a curve to the right having
a radius of 281.70 feet and an arc length
of 108.17 feet, being subtended by a
chord of South 76 degrees 13 minutes
00 seconds West for a distance of
107 50 feet to a point; thence South 87
degrees 13 minutes 00 seconds West
for a distance of 130.87 feet to a point;
thence along a curve to the left having a
radius of 386.09 feet and an arc length
of 411.05 feet, being subtended by a
chord of South 56 degrees 43 minutes
00 seconds West for a distance of
391.91 feet to a point; thence south 26
degrees 13 minutes 00 seconds West
for a distance of 51.46 feet to a point;
thence along a curve to the left having a
radius of 307.49 feet and an arc length
of 88.58 feet, being subtended by a
chord of South 17 degrees 57 minutes
48 seconds West for a distance of 88.28
feet to a point; thence South 81 degrees
03 minutes 00 seconds West for a dis
tance of 460.58 feet to a point on the
northeast right of way of Houston Lake
Road, said point being the POINT OF
BEGINNING. Together with and subject
to covenants, easements and restric
tions of record. Said property contains
14.575 acres, more or less.
Tract 17
All that tract or parcel of land situate,
lying and being in Land Lot 121 of the
Fifth Land District of Houston County,
Georgia, and situated in the City of
Warner Robins and being more particu
larly described as follows:
Beginning at the intersection of the
northeast right of way of Houston Lake
Road and the north right of way of
Westridge; thence North 64 degrees 03
minutes 00 seconds East for a distance
of 157.69 feet along the north right of
way of Westridge to a point; thence
along a curve to the left having a radius
of 94.85 feet and an arc length of 59.59
feet, being subtended by a chord of
North 46 degrees 03 minutes 00 sec
onds East for a distance of 58.61 feet
along the north right of way of Westridge
to a point; thence North 28 degrees 03
minutes 00 seconds East for a distance
52.32 feet along the north right of way of
Westridge to a point; thence along a
curve to the right having an arc length of
135.46 feet, being subtended by a chord
of North 47 degrees 48 minutes 29 sec
onds East for a distance 132.80 feet
along the north right of way of Westridge
to a point; thence North 68 degrees 13
minutes 00 seconds East for a distance
of 100.00 feet to a point, said point being
the POINT OF BEGINNING; thence
North 21 degrees 47 minutes 00 sec
onds West for a distance of 4.76 feet to
a point; thence along a curve to the right
having a radius of 207.49 feet and an arc
length of 173.83 feet, being subtended
by a chord of North 02 degrees 13 min
utes 00 seconds East for a distance of
168.79 feet to a point; thence North 26
degrees 13 minutes 00 seconds East for
a distance of 51.48 feet to a point;
thence along a cun/e to the right having
a radius of 286.10 feet and an arc length
of 304.60 feet, being subtended by a
chord of North 56 degrees 43 minutes 00
seconds East for a distance of 290.40
feet to a point; thence North 87 degrees
13 minutes 00 seconds East for a dis
tance 130.87 feet to a point; thence
along a curve to the left having a radius
of 381.70 feet and an arc length of
146.57 feet, being subtended by a chord
of North 76 degrees 13 minutes 00 sec
onds East for a distance of 145.67 feet
to a point; thence North 65 degrees 13
minutes 00 seconds East for a distance
of 91.47 feet to a point; thence along a
curve to the right having a radius of
227.18 feet and and arc length of 99.13
feet, being subtended by a chord of
North 77 degrees 43 minutes 00 sec
onds East for a distance of 98.35 feet to
a point; thence South 89 degrees 47
minutes 00 seconds East for a distance
of 326.69 feet to a point; thence along a
curve to the right having a radius of
309.97 feet and an arc length of 375.99
feet, being subtended by a chord of
South 55 degrees 02 minutes 00 sec
onds East for a distance of 353.36 feet
to a point; thence South 20 degrees 17
minutes 00 seconds East for a distance
of 254.97 feet to a point; thence along a
curve to the left having a radius of
273 03 feet and an arc length of 81.01
feet, being subtended by a chord of
South 28 degrees 47 minutes 00 sec
onds East for a distance of 80.73 feet to
a point; thence south 37 degrees 17
minutes 00 seconds East for a distance
of 233.95 feet to a point; thence along a
cun/e to the right having a radius of
254.75 feet and an arc length of 351.25
feet, being subtended by a chord of
South 02 degrees 13 minutes 00 sec
onds West for a distance of 324.08 feet
to a point; thence South 41 degrees 43
minutes 00 seconds West for a distance
of 67.38 feet to a point; thence along a
curve to the right having a radius of
265.00 feet and an arc length of 373.64
Official Legal Notices
Legal Organ for Houston County & Perry Since 1870
feet, being subtended by a chord of
South 78 degrees 13 minutes 00 sec
onds West for a distance of 315.26 feet
to a point; thence North 65 degrees 17
minutes 00 seconds West for a distance
of 397.43 feet to a point; thence along a
curve to the left having a radius of
305.73 feet and an arc length of 197.43
feet, being subtended by a chord of
North 83 degrees 47 minutes 00 sec
onds West for a distance of 194.01 feet
to a point; thence South 77 degrees 43
minutes 00 seconds West for a distance
of 173.96 feet to a point; thence along a
curve to the right having a radius of
172 33 feet and an arc length of 237.60
feet, being subtended by a chord of
North 63 degrees 17 minutes 00 sec
onds West for a distance of 216.90 feet
to a point; thence North 24 degrees 17
minutes 00 seconds West for a distance
of 101.35 feet to a point; thence along a
curve to the left having a radius of
301 18 feet and an arc length of 131.41
feet, being subtended by a chord of
North 36 degrees 47 minutes 00 sec
onds West for a distance of 130.37 feet
to a point; thence north 49 degrees 17
minutes 00 seconds West for a distance
of 198.11 feet to a point; thence along a
curve to the right having a radius of
157.18 feet and an arc length of 75.44
feet, being subtended by a chord of
North 35 degrees 32 minutes 00 sec
onds West for a distance of 74.72 feet to
a point; thence North 21 degrees 47
minutes 00 seconds West for a distance
of 26.72 feet to a point, said point being
the POINT OF BEGINNING. Together
with and subject to covenants, ease
ments, and restrictions of record. Said
Property contains 30.660 acres, more or
less.
Tracts 13 and 14
All that tract or parcel of land situate,
lying and being in Land Lot 121, Fifth
Land District of Houston County, Geor
gia, being known and designated as
Tract 13, containing 4.133 acres, and
Tract 14, containing 1.766 acres, ac
cording to a plat of survey entitled
“Portion of Tract 13 & Tract 14, Robins
West", prepared by Waddle & Company,
dated April 16, 1990, of record in Map
Book 38, Page 145, Clerk's Office,
Houston County, Georgia Superior
Court. Said plat and the recorded copy
thereof are hereby made a part of this
description by reference thereto.
LESS AND EXCEPT from the above
described tracts all those tracts or
parcels of land hereinafter described:
All that tract or parcel of land situate,
lying and being in Land Lot 121 of the
Fifth Land District of Houston County,
and in the City of Warner Robins, Geor
gia, known and designated as Lots 7,8,
9, 10 and 11, Robins West, and
comprising 6.61 acres as shown on plat
designated “SURVEY FOR McKIBBON
BROTHERS, INC.", said plat of survey
dated March 29, 1989, prepared by
Ralph A. True of Tribble & Richardson,
Inc., Registered Land Surveyor No.
2261, and recorded in Plat Book 36,
Page 200, Clerk's Office, Houston Su
perior Court. Said plat of survey and the
recorded copy thereof are hereby made
a part of this description by reference
thereto for all purposes.
All that tract or parcel of land situate,
lying and being in Land Lots 114 and
121, Fifth Land District of Houston
County, Georgia, being known and des
ignated as Tract 4-B2 and Tract 3-A, ac
cording to a plat of survey entitled prop
erty Plat for Amerifirst Communities,
Inc., prepared by Waddle & Company,
dated February 17, 1989, of record in
Map Book 37, Page 27, Clerk's Office,
Houston Superior Court. Said plat and
the recorded copy thereof are hereby
made a part of this description by refer
ence thereto.
All that tract or parcel of land situate,
lying and being in Land Lot 121, Fifth
Land District of Houston County, Geor
gia, being known and designated as
Tract “SA“, containing 1.00 acre, ac
cording to a plat of survey prepared by
Waddle & Company, dated December
12, 1989, of record in Map Book 38,
Page 10, Clerk's Office, Houston Supe
rior Court. Said plat and the recorded
copy thereof are hereby made a part of
this description by reference thereto.
All that tract or parcel of land situate,
lying and being in Land Lot 114 of the
Fifth Land District of Houston County.
Georgia, more particularly known as
Tract 4-81-B, Robins West Subdivision,
Warner Robins, Houston County, Geor
gia, according to a plat of survey pre
pared by Waddle & Company, dated July
19, 1990, recorded in Plat Book 39,
Page 147, Clerk's Office, Houston Su
perior Court. Said plat is incorporated
herein by reference.
TOGETHER WITH: (i) all buildings,
structures and other improvements then
or thereafter located on the Land or on
any part or parcel of the Land
(hereinafter called the "Improvements");
(ii) all and singular the tenements,
hereditaments, easements and
appurtenances belonging to the Land or
in anywise appertaining to the Land, and
the reversion or reversions, remainder or
remainders thereof; (iii) all leases, un
dertakings to lease, contracts to rent,
usufructs and other agreements for use,
occupancy or possession then or there
after in force with respect to the Land or
any part or parcel of the Land or any of
the Improvements, and any and all other
agreements, contracts, licenses, per
mits and arrangements then or thereafter
affecting the Land or any part or parcel
of the Land or any of the Improvements,
whether written or oral and whether then
or thereafter made or executed and de
livered (hereinafter collectively called
the “Leases"); (iv) all rents, issues, in
come, revenues and profits then or
thereafter accruing from, and all ac
counts and contract rights then or
thereafter arising in connection with, the
Land or any part or parcel of the Land or
any of the Improvements, including
without limitation all rents, issues, in
come, revenues and profits accruing
from, and all accounts and contract
rights arising in connection with, the
Leases, together with all monies and
proceeds then or thereafter due or
payable with respect thereto or on ac
count thereof, andall security deposits,
damage deposits and other funds paid
by any lessee, sublessee, tenant, sub
tenant, licensee, permittee or other
l,
obligee under any of the Leases,
whether paid in a lump sum or install
ments; (v) all minerals, flowers, crops,
trees, timber, shrubbery and other em
blements then or thereafter located on
the Land or under the Land or on or un
der any part or parcel of the Land; (vi) all
estates, rights, title and interest in the
Land, or in any part or parcel of the
Land; (vii) all equipment, machinery, ap
paratus, fittings, furniture, furnishings
and personal property of every kind or
description whatsoever then or there
after located on the Land or on any part
or parcel of the Land or in or on any of
the Improvements, and used in con
nection with the operation and mainte
nance of the Land or any of the Im
provements, all accessions and addi
tions to and replacements of the forego
ing and all proceeds (direct and remote)
of the foregoing, including without limita
tion all plumbing, heating, lighting,
ventilating, refrigerating, water-heating,
incinerating, air-conditioning and heat
ing, and sprinkling equipment and sys
tems, and all screens, awnings and
signs; (viii) all fixtures (including all
trade, domestic and ornamental fixtures)
then or thereafter on the Land or on any
part or parcel of the Land or in or on any
of the Improvements, whether actually
or constructively attached or affixed,
including without limitation all plumbing,
heating, lighting, ventilating, refrigerat
ing, water-heating, incinerating, air-con
ditioning and heating, and sprinkling fix
tures, and all screens, awnings and
signs which are fixtures; (ix) all building
materials, supplies, goods, machinery
and equipment delivered to the Land and
placed on the Land for the purpose of
being affixed to or installed or incorpo
rated or otherwise used in or on the Land
or any part or parcel of the Land or any
of the Improvements, and all
accessions and additions to and
replacements of the foregoing and all
proceeds (direct or remote) of the
foregoing; (x) all payments, awards,
judgments and settlements (including
interest thereon) to which Debtor may be
or become entitled as a result of the
exercise of the right of eminent domain
with respect to the Land or any part or
parcel of the Land or any of the
Improvements; (xi) all policies of in
surance which insure against loss or
damage to any property described
above and all proceeds from and pay
ments under such policies; and (xii) all
names, tradenames, signs, marks and
trademarks under which any business
located on the Land is operated or
known (all of the foregoing real property,
fixtures and personal property being
hereinafter collectively called the
WHEREAS, portions of the Property
have been released from the lien and
security title of the Security Deed by
virtue of those certain Quitclaim Deeds
executed by Lender in favor of Debtor,
and recorded in Deed Book 843, page
750, Deed Book 851, page 178, Deed
Book 867, page 445, and Deed Book
897, page 123, in the Office of the Clerk
of the Superior Court of Houston County,
Georgia;
WHEREAS, the security interest cre
ated by the Security Deed in and to
those portions of the Property compris
ing personal property under the laws of
the State of Georgia was perfected by
virtue of a Uniform Commercial Code Fi
nancing Statement between Debtor, as
“debtor", and Lender, as "Secured
Party", filed under number 880435 in the
records of the Office of the Clerk of the
Superior Court of Houston County,
Georgia; and
WHEREAS, the Security Deed was
given to secure (i) the indebtedness evi
denced by that certain Promissory Note
dated February 24, 1988, made by
Debtor payable to the order of Lender in
the original principal amount of One Mil
lion Five Hundred Thousand and No/100
Dollars ($1,500,000.00), bearing interest
and default interest and being payable
as therein provided, as modified and
amended by First Amendment of
Promissory Note dated as of February
28, 1990, executed by and between
Debtor and Lender (hereinafter called
the "Note"); (ii) any and all renewal or re
newals, extension or extensions, modi
fication or modifications of the Note, and
substitution or substitutions for the
Note, either in whole or in part; (iii) any
indebtedness or obligation of Debtor to
Lender evidenced by or arising under
that certain Guaranty dated February
24, 1988, executed by Debtor and
Landmark Oldsmobile-Cadillac-Pontiac-
GMC Trucks, Inc. in favor of Lender with
respect to the obligations of Landmark
Associates to Lender; (iv) any
indebtedness or obligation of Debtor to
Lender evidenced by or arising under
that certain Assignment of Certificate of
Deposit dated February 24, 1988, exe
cuted by Debtor in favor of Lender; (v)
any indebtedness or obligation of Debtor
to Lender evidenced by or arising under
that certain Note Pledge Agreement
dated February 24, 1988, executed by
Debtor in favor of Lender; (vi) all ad
vances, if any, made by Lender pur
suant to the terms of the Security Deed;
(vii) all expenses incident to the collec
tion of the indebtedness secured by the
Security Deed; (viii) all duties and obli
gations of Debtor under the Security
Deed; (ix) all other indebtedness then or
thereafter owing by Debtor to Lender,
however or whenever created, incurred,
arising or evidenced, whether direct or
indirect, primary or secondary, joint or
several, absolute or contingent, or due
or to become due, and whether from time
to time reduced and thereafter increased
or entirely extinguished and thereafter
reincurred; and (x) any and all renewal or
renewals, extension or extensions,
modification or modifications of any of
the foregoing indebtedness, and sub
stitution or substitutions for said indebt
edness, either in whole or in part.
NOW, THEREFORE, according to the
terms of the Security Deed and the laws
in such cases made and provided,
Lender will expose the Property for sale,
at public sale to the highest bidder, for
cash on the first Tuesday in March,
1991, being March 5, 1991, during the
legal hours for sale, before the court
house door in Houston County, Georgia.
The Property will be sold subject to
those matters described on Exhibit "B"
attached hereto and incorporated herein
by reference.
EXHIBIT “B"
1. All unpaid ad valorem taxes
and assessments which are a lien
against the Property.
2. Deed to Secure Debt dated
October 17, 1986, executed by Ameri
first Communities, Inc. in favor of Geor
gia Associated Services, Inc., recorded
in Deed Book 739, beginning at Page
402, in the Office of the Clerk of the Su
perior Court of Houston County, Geor
gia, transferred and assigned to Bank
South, Houston County, Georgia, by
Transfer and Assignment dated April 13,
1990, recorded in Deed Book 879, Page
770, aforesaid records.
3. Right-of-Way Easement from
Irie Roberts to Taylor County Electric
Membership Corporation, dated March 3,
1939, recorded in Deed Book 49, Page
116, aforesaid records.
4. General Permit in favor of
Southern Bell Telephone and Telegraph
Company, Incorporated, recorded in
Deed Book 55, page 404, aforesaid
records.
5. Conveyance of Easement for
Right-of-Way from Irie Roberts to Taylor
County Electric Membership Corpora
tion, dated March 3, 1939, recorded in
Deed Book 301, Page 574, aforesaid
records.
6. Transmission and Distribution
Line Right-of-Easement from Louis V.
Trustworthy to Flint Electric Membership
Corporation, dated June 28, 1971,
recorded in Deed Book 374, Page 360,
aforesaid records.
7. Construction Easement con
tained in Quitclaim Deed from Auerback
& Walker Co. and Security Services,
Inc. to The City of Warner Robins, Geor
gia, dated April 18, 1974, recorded in
Deed Book 440, Page 291, aforesaid
records.
8. Easement from Security Ser
vices, Inc. to Georgia Power Company,
dated April 23, 1975, recorded in Deed
Book 455, Page 374, aforesaid records.
9. Easement from Security Ser
vices, Inc. to Georgia Power Company,
dated March 10,1977, recorded in Deed
Book 494, Page 499, aforesaid records.
10. Easement from Georgia
Associated Services, Inc. to Mid-Geor
gia Telephone Co., dated November 17,
1982, recorded in Deed Book 618, Page
727, aforesaid records.
11. Right-of-Way Deed from Se
curity Services, Inc. to The Department
of Transportation, dated July 17, 1985,
recorded in Deed Book 690, Page 89,
aforesaid records.
12. Conveyance of Access Rights
from Security Services, Inc. to The De
partment of Transportation, dated July
17, 1985, recorded in Deed Book 693,
Page 343, aforesaid records.
13. All other, if any, matters of
record affecting title to the Property
which would be disclosed by a current
survey and inspection thereof.
14. All other, if any, easements,
limitations, restrictions, reservations,
covenants and encumbrances of record
to which the Security Deed is junior in
property.
The Property will be sold on sin "as is,
where is" basis without recourse against
Lender and without representation or
warranty of any kind or nature whatso
ever. Lender reserves the right to sell
those portions of the Property, if any,
comprising personal property under the
laws of the State of Georgia separately
from the remainder of the Property and
to take separate bids therefor.
To the best of Lender's knowledge
and belief, Debtor is the party in pos
session of the Property.
The indebtedness evidenced by the
Note and secured by the Security Deed
(the "Indebtedness") has been and is
declared due and immediately payable
because of defaults by Debtor in the
payment of the Indebtedness and under
the Security Deed. The proceeds of the
sale of the Property shall be applied first
to the costs and expenses of the sale
and of all proceedings in connection
therewith, including without limitation the
fees and expenses of lender's attorneys
in connection therewith (notice of intent
to collect attorneys' fees having been
given pursuant to Official Code of Geor
gia Annotated 13-1-11), then to the
payment of the balance of the Indebted
ness and the remainder, if any, shall be
paid to Debtor or to the party or parties
entitled thereto by law. If the proceeds
of the sale are not sufficient to pay the
Indebtedness in full, Lender shall deter
mine, at Lender's option and in Lender's
discretion, the portions of the Indebted
ness to which the proceeds (after de
ducting therefrom the costs and ex
penses of the sale and all proceedings in
connection therewith, including attor
neys' fees as aforesaid) shall be ap
plied, and the order in which the pro
ceeds shall be so applied.
BANK SOUTH, N.A., a national
banking association, as agent and
attorney-in-fact for AMERIFIRST COM
MUNITIES, INC., a Georgia
corporation
By: Ralph H. Harrison, 111
its attorney at law
Kilpatrick & Cody
Suite 3100
100 Peachtree Street, N.E.
Atlanta, Georgia 30303
404/572-6500
2-41 26-227
NOTICE OF SALE
FILE NO. 91-054
GEORGIA. HOUSTON COUNTY
By virtue of a Power of Sale contained
in the Security Deed from KEITH
KROTZER AND JEANETTE R. KROTZER
to FIRST UNION MORTGAGE CORPO
RATION dated April 15, 1987, recorded
in Deed Book 763, Page 182, and rere
corded at Deed Book 779, Page 798
HOUSTON County, Georgia Records,
given to secure a Note of even date in
the original principal amount of Forty
Three Thousand Five Hundred Fifty and
00/100 Dollars ($43,550.00), with inter-
V
est as provided therein on the unpaid
balance until paid; there will be sold at
public outcry to the highest and the best
bidder for cash before the Courthouse
door of HOUSTON County, Georgia,
within the legal hours of sale on the first
Tuesday in March, 1991, the following
described property:
EXHIBIT "A"
All that real estate in the City of
Warner Robins, Fifth Land District of
Houston County, Georgia, in Land Lot
203 therein, known and designated as
Lot thirteen (13) in Block ’H" of
Northview 111, Section 11, Subdivision,
according to a plat of survey of a portion
of said subdivision made by Billy B.
Beazley, C.E., on December 2nd 1960, a
copy of said plat being of record in Map
Book 6, Page 261, Clerk's Office,
Houston Superior Court. Said plat and
the recorded copy thereof are hereby
made a part of this description by refer
ence thereto.
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other possible
events of default, non-payment of the
monthly installments on said loan. The
debt remaining in default, this sale will be
made for the purpose of paying the same
and all expenses of this sale, including
attorney's fees.
The property will be sold subject to
any outstanding ad valorem taxes, any
assessments, and any liens superior to
the Security Deed first set out above;
and to the best knowledge and belief of
the undersigned, KEITH KROTZER AND
JEANETTE R. KROTZER OR TENANT
is/are in possession of said property.
FIRST UNION MORTGAGE
CORPORATION as Attorney in Fact for
KEITH KROTZER AND JEANETTE R.
KROTZER
Morris & Schneider, P C.
William A. Broughman
Attorneys at Law
315 W. Ponce de Leon Avenue
Suite 1040
Decatur, GA 30030
(404) 371-8703
2-34 2/6-2/27
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF HOUSTON
By virtue of the Power of Sale con
tained in the Security Deed from LONNIE
R. HUGHES dated November 14, 1989,
recorded November 16, 1989, in Deed
Book 862, Page 104-106, Houston
County Records, there will be sold by the
undersigned at public outcry to the
highest bidder for cash before the
Courthouse door at Houston County,
Georgia, within the legal hours of sale on
the first Tuesday in March, the following
described property:
All that tract or parcel of land lying and
being in Land Lot 147 of the sth District
of Houston County, Georgia, being more
particularly described as follows:
BEGIN for reference purposes at an
iron pin placed on the southerly right-of
way Watson Boulevard, a/k/a Georgia
Highway 247 (100 foot right-of-way),
said iron pin being located 1223.7 feet
easterly from the point of intersection of
the southerly right-of-way of Watson
Boulevard with the easterly right-of-way
of Nelson Drive, as measured along the
southerly right-of-way of Watson Boule
vard; then north 89 degrees 56 minutes
08 seconds east along the right-of-way
of Watson Boulevard a distance of 98.54
feet to a point on the westerly right-of
way of Austin Avenue; thence along the
arc of a curve to the right an arc dis
tance of 23.32 feet along the right-of
way of Austin Avenue, said arc having a
radius of 15 feet and being subtended by
a chord of south 45 degrees 31 minutes
37 seconds east 21.04 feet, to a point;
thence continuing along the right-of-way
of Austin Avenue south 00 degrees 59
minutes 22 seconds east 452.18 feet to
the TRUE POINT OF BEGINNING;
thence continuing along the right-of-way
of Austin Avenue south 00 degrees 59
minutes 22 seconds east 58.99 feet to a
point; thence continuing along said right
of-way along the arc of a curve to the
right an arc distance of 24.38 feet, said
arc having a radius of 242.81 feet and
being subtended by a chord of south 01
degrees 53 minutes 15 seconds west
24.37 feet, to a point; thence continuing
along said right of way south 04 degrees
45 minutes 52 seconds west 49.97 feet
to a point; thence leaving the right-of
way of Austin Avenue and running south
89 degrees 56 minutes 04 seconds west
317.47 feet to a point; thence north 00
degrees 00 minutes 02 seconds east
133.70 feet to a point, thence south 89
degrees 57 minutes 49 seconds east
321.40 feet to a point on the westerly
right-of-way of Austin Avenue marking
the TRUE POINT OF BEGINNING.
The foregoing property is described in
accordance with a survey for The
Warner Robins Central Inn, A Limited
Partnership prepared by Southern Civil
Engineers, Inc. dated January 27,1987,
revised March 20, 1987, bearing the cer
tification of James A. Evans, Jr., Geor
gia Registered Land Surveyor No. 2167.
Said parcel contains 0.9834 acre, ac
cording to said survey.
Said Security Deed was given to se
cure the repayment of certain indebted
ness of $45,972.73, interest thereon,
and certain other expenses in the event
of default. The unpaid portion of the debt
secured by said Security Deed has been
and is hereby declared immediately due
and payable because of, among other
possible events of default, failure to re
pay the indebtedness referred to above
as and when due. The debt remaining in
default, this sale will be made for the
purpose of paying the same, all accrued
interest thereon, and all expenses of
this sale, including attorney's fees.
JOHNNIE B. McCORKEL
as Attorney-in-fact
for LONNIE R. HUGHES
BY: ROACH & BRADLEY
Attorneys at Law
Post Office Box 1105
Statesboro, Georgia 30458
2-56 2/9,2/13,2/20,2/27