Newspaper Page Text
August 27, 2008
^Reporter
PAGE 18 A
000
Legal Notices
08-409
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Under and by virtue of the Power
of Sale contained in a Security
Deed given by William D. Stone to
Mortgage Electronic Registration
Systems, Inc., dated November 22,
2004, recorded in Deed Book 1007,
Page 184, Monroe County, Georgia
Records, as last transferred to PHH
Mortgage Corporation by assign
ment to be recorded in the Office of
the Clerk of Superior Court of Mon
roe County, Georgia Records, con
veying the after-described property
to secure a Note in the original prin
cipal amount of SEVENTY THOU
SAND EIGHT HUNDRED AND
0/100 DOLLARS ($70,800.00), 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 Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday in
September, 2008, the following de
scribed property:
All that tract or parcel of land ly
ing and being in Land Lot 25 of the
14th District of Monroe County,
Georgia, being Lot 5, Tommy's Sta
tion Subdivision, Phase 1, as per
plat recorded at plat book 23, page
262, Office of Clerk, Monroe Supe
rior Court, said plat being incorpo
rated herein and made a part of this
description by reference.
The debt secured by said Securi
ty Deed has been and is hereby de
clared due because of, among oth
er possible events of default, failure
to pay the indebtedness as and
when due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in de
fault, 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, in
cluding attorneys fees (notice of in
tent to collect attorneys fees having
been given).
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record superi
or to the Security Deed first set out
above.
The entity that has full authority
to negotiate, amend, and modify all
terms of the mortgage with the
debtor is: PHH Mortgage Corpora
tion, Mailstop SV01, 4001 Leaden-
hall Rd, Mount Laurel, NJ 08054,
800-750-2518. Please understand
that the secured creditor is not re
quired by law to negotiate, amend,
or modify the terms of the mortgage
instrument.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is Wil
liam D. Stone or a tenant or tenants
and said property is more common
ly known as 44 Tommy's Trail,
Forsyth, Georgia 31029.
The sale will be conducted sub
ject (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.
PHH Mortgage Corporation
as Attorney in Fact for
William D. Stone
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bjs 9/2/08
Our file no. 5580306-FT1
08-423
IN THE JUVENILE COURT OF
MONROE COUNTY, GEORGIA
IN THE INTEREST OF:
J.W.. SEX B/F. AGE 2. DOB
10/13/05. CASE #2008-JR-239
J.W.. SEX B/M. AGE 1. DOB
05/18/07. CASE #2008-JR-240
J.W.. SEX. B/M. AGE 1. DOB
05/18/07. CASE # 2008-JR-241
J.D.W.. SEX B/F. AGE 1 DAY-
DOB 07/31/08. CASE # 2008-JR-
242
CHILDREN UNDER 18 YEARS OF
AGE
TO WHOM IT MAY CONCERN,
ANY POSSIBLE UNKNOWN FA
THER^) AND ANYONE CLAIM
ING A PARENTAL INTEREST IN
THE ABOVE NAMED MINOR
CHILDREN BORN TO MORSHIS-
TA WILKERSON
You are notified that a petition for
custody concerning of the above
children was filed against you in
said court on 08/04/08, and by rea
son of an Order for Service entered
by the court on 08/04/08. YOU
ARE COMMANDED AND RE
QUIRED TO BE AND APPEAR be
fore the Monroe County Juvenile
Court, Monroe County Justice Cen
ter, Forsyth, Georgia on 08/14/08 at
8:30 a.m. and on 10/22/08 at 8:30
a.m. for a hearing following service
by publication. Serve an answer on
Petitioner’s Attorney, W. Ashley
Hawkins, PO Box 325, Forsyth,
Georgia 31029. You may obtain a
copy of the petition by contacting
the Monroe County Juvenile Court
Clerk.
WITNESS the Honorable Judges
of this court, this 4 day of Auqust,
2008.
/s/Susan Niblett
DEP CLERK, MONROE COUNTY
JUVENILE COURT
000
Legal Notices
08-404
STATE OF GEORGI
COUNTY OF MONROE
NOTICE OF SALE
UNDER POWER
Because of a default in the pay
ment of the indebtedness secured
by a Security Deed executed by
Merrill T. Pierson to Mortgage Elec
tronic Registration Systems, Inc.
dated April 11, 2005, and recorded
in Deed Book 1040, Page 199,
Monroe County Records, said Se
curity Deed having been last sold,
assigned, transferred and con
veyed to Wells Fargo Bank, N.A.,
by Assignment securing a Note in
the original principal amount of
$71,608.00, the holder thereof pur
suant to said Deed and Note there
by 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,
September 2, 2008, during the le
gal hours of sale, before the Court
house door in said County, sell at
public outcry to the highest bidder
for cash, the property described in
said Deed, to-wit:
All that tract or parcel of land ly
ing and being in Land Lot 115, 11th
Land District of Monroe County,
Georgia being more particularly de
scribed as follows: To find the point
of beginning locate the Southwest
corner of Parcel No. 1 shown on
plat in Plat Book 8, Page 17, said
point being a reference point here
in; thence North 79 degrees 38 mi
nutes 10 seconds West a distance
of 933.71 feet to the point of begin
ning (being a 12 inch Cedar);
thence North 86 degrees 08 mi
nutes 45 seconds West a distance
of 300.00 feet to a point; thence
North 01 degrees 41 minutes 00
seconds East a distance of 314.27
feet to a point on the C/L of Log-
town Road; thence South 88 de
grees 28 minutes 35 seconds East
a distance of 52.51 feet to a point;
thence South 81 degrees 57 mi
nutes 35 seconds East a distance
of 75.33 feet to a point; thence
South 88 degrees 55 minutes 45
seconds East a distance of 137.26
feet to a point; thence South 87 de
grees 41 minutes 00 seconds East
a distance of 142.52 feet to a point;
thence South 87 degrees 41 mi
nutes 00 seconds East a distance
of 71.95 feet to a point; thence
North 88 degrees 38 minutes 00
seconds East a distance of 159.83
feet to a point; thence South 88 de
grees 49 minutes 10 seconds East
a distance of 259.98 feet to a point;
thence North 88 degrees 25 mi
nutes 10 seconds East a distance
of 240.35 feet to a point; thence
South 88 degrees 20 minutes 10
seconds East a distance of 196.53
feet to a point; thence North 89 de
grees 39 minutes 30 seconds East
a distance of 242.82 feet to a point;
thence 86 degrees 41 minutes 25
seconds East a distance of 334.20
feet to a point; thence North 89 de
grees 13 minutes 45 seconds East
a distance of 105.61 feet to a point;
thence South 84 degrees 49 mi
nutes 40 seconds East a distance
of 140.11 feet; thence North 22 de
grees 22 minutes 40 seconds East
a distance of 136.66 feet to a point
located on the Southwest side if
Georgia Highway 74 (100' R/W);
thence a chord distance South 51
degrees 41 minutes 25 seconds
East a distance of 47.74 feet to a
point; thence South 89 degrees 22
minutes 40 seconds West a dis
tance of 175.31 feet to a point;
thence North 84 degrees 49 mi
nutes 40 seconds West a distance
of 140.07 feet to a point; thence
South 89 degrees 13 minutes 45
seconds West a distance of 103.39
feet to a point; thence South 86 de
grees 41 minutes 25 seconds West
a distance of 334.31 feet to a point;
thence South 89 degrees 39 mi
nutes 30 seconds West a distance
of 244.12 feet to a point; thence
North 88 degrees 20 minutes 10
seconds West a distance of 196.21
feet to a point; thence South 88 de
grees 25 minutes 10 seconds West
a distance of 240.23 feet to a point;
thence North 88 degrees 49 mi
nutes 10 seconds West a distance
of 260.03 feet to a point; thence
South 88 degrees 38 minutes 00
seconds West a distance of 160.13
feet to a point; thence North 87 de
grees 41 minutes 00 seconds West
a distance 62.70 feet to a point;
thence South 20 degrees 21 mi
nutes 55 seconds West a distance
of 303.43 feet to the point of begin
ning.
Said parcel is known as Parcel
No. 1-A and Parcel No. 1-B as per
the plat of survey for Travis Pier
son, dated July 24, 1999, prepared
by Steve Coleman and Associates,
Inc., referred to on said plat as Plat
Number 99-1212. Said Survey is
referred to herein and made a part
of this description.
For other reference deed see
Deed Book 293, Page 146; Deed
Book 416, Page 125, in other refer
ence plats see Plat Book 1, Page
99; Plat Book 8, page 17; Plat Book
16, Page 11 and Plat Book 23,
Page 122.
Parcel 1-B herein in a 30 foot
wide private road to be used as in
gress and egress to Parcel 1-A.
Said private road is parallel to an
existing dwelling known as Logtown
Road.
Said property is known as 17548
Highway 74, Culloden, GA 31016,
together with all fixtures and per
sonal property attached to and con
stituting a part of said property, if
any.
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
whether or not now due and paya
ble), the right of redemption of any
taxing authority, any matters which
might be disclosed by an accurate
survey and inspection of the prop
erty, any assessments, liens, en-
000
Legal Notices
cumbrances, zoning ordinances,
restrictions, covenants, and matters
of record superior to the Security
Deed first set out above.
The sale will be conducted sub
ject (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 inten
tion to collect attorney's fees in ac
cordance with the terms of the Note
secured by said Deed.
Said property will be sold as the
property of Merrill T. Pierson, the
property, to the best information,
knowledge and belief of the under
signed, being presently in the pos
session of Merrill T. Pierson , and
the proceeds of said sale will be
applied to the payment of said in
debtedness and all the expenses of
said sale, including attorney's fees,
all as provided in said Deed, and
the balance, if any, will be distribut
ed as provided by law.
Wells Fargo Bank, N.A. as Attor-
ney-in-Fact for Merrill T. Pierson
File no. 08-004799
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY INFOR
MATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
08-411
IN THE JUVENILE COURT OF
SPALDING COUNTY
STATE OF GEORGIA
IN THE INTEREST OF:
A.B., a minor male child bom on
05/17/2005
TO: Justin Pharr and/or John Doe,
putative biological fathers
Hearings concerning a judicial re
view, a motion for extension and a
notice of change in permanency
plan was held on May 22, 2008;
and a Provisional Order Extending
Custody, Judicially Reviewing Case
and Changing Permanency Plan to
Non-reunification was filed on June
19, 2008, having been brought by
the Georgia Department of Human
Resources acting through the
Spalding County Department of
Family and Children Services
based upon the alleged deprivation
of the above named Child in the Ju
venile Court of Spalding County,
Georgia. A free copy of said plead
ing can be obtained from the Clerk
of the Juvenile Court of Spalding
County, Georgia, whose office is lo
cated at 429 E. Solomon Street,
Griffin, Georgia 30223.
By reason of an order for sum
mons by publication entered on the
25th day of July, 2008, you are
hereby commanded to file with the
Clerk of the Juvenile Court of
Spalding County, Georgia and
serve upon Tammy M. Griner, Spe
cial Assistant Attorney General,
P.O. Box 319, Griffin, Georgia
30224 an answer to said pleading
with sixty (60) days of the date of
said order for service by publica
tion.
You are further required to lay
any and all business aside to be
and appear before the Juvenile
Court of Spalding County, Georgia
at 9:00 o’clock a.m. on Tuesday,
September 23, 2008, then and
there to make a defense and to
show cause why said Child should
not be dealt with according to the
provisions of the Juvenile Court
Code of Georgia by reason of an
order for service of summons by
publication.
WITNESS THE HONORABLE BEN
J. MILLER, JR., Judge, this 25th
day of July, 2008.
Karen Weldon
Clerk, Juvenile Court, Spalding
County, Georgia
Tammy M. Griner
Special Assistant Attorney General
Tammy M. Griner,
Attorney at Law, PC.
Georgia Bar No. 312720
Post Office Box 319
Griffin, Georgia 30224
(770) 567-5507
08-433
INVITATION TO BID
The Monroe County Board of
Commissioners is hereby request
ing sealed proposals for the Re
placement of 36” gate on the out
let structure of Camp Kaleo Dam.
1. Install a temporary siphon to
lower lake level gradually to mini
mize the potential for damage to
the downstream areas.
2. Then open or remove the exist
ing gate to allow the balance of the
water to flow out.
3. When lake is empty, you will
install the new gate and operator
pedestal, leaving it closed for the
lake to refill. (Specs are attached)
A bid bond in the amount of 5%
of the total bid amount is required.
Contract Performance and Pay
ment Bonds and Insurance Certifi
cates for General Liability and
Workers Compensation will be re
quired of the successful bidder.
If you have any questions call
the Purchasing Office at (478)994-
7008.
Bids will be accepted through
Wednesday, August 27, 2008 at
2:00 p.m., at which time they will be
publicly opened in the conference
room located at 38 W. Main Street,
Forsyth, GA 31029. Bids must be
submitted in a kraft envelope clear
ly marked: Gate Dam. Bids may be
mailed to Monroe County Board of
Commissioners, PO Box 189, For
syth, GA 31029 or hand delivered
to 8 N. Jackson Street, Forsyth, GA
31029. No faxed bids will be ac
cepted.
Monroe County reserves the
right to reject any or all bids.
000
Legal Notices
08-440
IN THE SUPERIOR COURT
MONROE COUNTY, GEORGIA
ACTION NO. 2008-CV-549
IN THE MATTER OF THE APPLI
CATION OF KYLE JOSEPH
BURKE FOR LEAVE TO CHANGE
HIS NAME TO KYLE JOSEPH
HENSEL
NOTICE OF HEARING
TO ALL PERSONS CONCERNED:
You are hereby notified that a Pe
tition has been filed in said Court by
LINDA HENSEL praying that KYLE
JOSEPH BURKE be changed from
KYLE JOSEPH BURKE to KYLE
JOSEPH HENSEL and you are
hereby required to file your written
defenses thereto on or before the
9th day of October, 2008 at 9:00
o'clock a.m., of said day, in said
Court, in the City of Forsyth, Geor
gia, at which time and place said
cause will be heard. Should you fail
therein, judgment and decree will
be entered in due course upon said
Petition.
LINDA HENSEL
10 Deer Creek Drive
Forsyth, GA31029
478-994-8823
08-416
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF MONROE
By virtue of a Power of Sale con
tained in that certain Deed to Se
cure Debt from Brigette M. Orr to
Conseco Finance Servicing Corp.
nka Green Tree Servicing, LLC,
dated June 14, 2001 and recorded
in Deed Book 727, Page 180, in the
Office of the Clerk of Superior
Court of Monroe County, Georgia,
said Deed to Secure Debt having
been given to secure a Note, dated
June 14, 2001, in the original princi
pal amount of One Hundred Three
Thousand Six Hundred One and
30/100 Dollars ($103,601.30) with
interest thereon as provided there
in, will be sold at public outcry to
the highest bidder for cash before
the courthouse door of Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday
of September 2008 regarding the
following described property:
All that tract or parcel of land ly
ing and being in Land Lot 97 of the
4th District, Monroe County, Geor
gia, being Lot 2 of Teagle Place
Subdivision, as per plat recorded in
Plat Book 24, Page 100, Monroe
County Records, which plat is in
corporated herein by this reference
and made a part of this description.
Said property is commonly
known as 788 Teagle Rd. fka #2
Teagle Place S/D, Forsyth, GA
30204.
The indebtedness secured by
said Deed to Secure Debt has been
and is hereby declared due be
cause of default under the terms of
said Deed to Secure Debt and
Note, including but not limited to
the nonpayment of the indebted
ness as and when due. The indebt
edness remaining in default, this
sale will be made for the purpose of
paying the same, all expenses of
the sale, including attorney's fees
and all other payments provided for
under the terms of the Deed to Se
cure Debt and Note.
Said property will be sold subject
to the following items which may ef
fect the title of said property; zoning
ordinances, matters which would
be disclosed by an accurate survey
or by an inspection of the property;
any outstanding taxes, including
but not limited to ad valorem taxes,
which constitute liens upon said
property; special assessments; all
outstanding bills for public utilities
which constitute liens upon said
property; all restrictive covenants,
easements, rights-of-way and any
other matters of record superior to
said Deed to Secure Debt. To the
best of the knowledge and belief of
the undersigned, the party in pos
session of the property is Brigette
M. Orr or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for
Brigette M. Orr
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
08-441
PUBLIC SERVICE TELEPHONE
COMPANY
478-847-4111
STATEMENT OF
NON DISCRIMINATION
PUBLIC SERVICE TELEPHONE
COMPANY is the recipient of Fed
eral Financial Assistance from the
Rural Electrification Administration,
an agency of the U.S. Department
of Agriculture, and is subject to the
provisions of Title VI of the Civil
Rights Act of 1964, as amended,
Section 504 of the Rehabilitation
Act of 1973, as amended, the Age
Discrimination Act of 1975, as
amended, and the rules and regula
tions of the U.S. Department of Ag
riculture which provide that no per
son in the United States on the ba
sis of race, color, national origin,
age or handicap shall be excluded
from participation in, admission or
access to, denied the benefits of, or
otherwise be subjected to discrimi
nation under any of this organiza
tion’s programs or activities.
The person responsible for coor
dinating this organization’s nondis
crimination compliance efforts is
James L. Bond, President. Any in
dividual, or specific class of individ
uals, who feels that this organiza-
000
Legal Notices
tion has subjected them to discrimi
nation may obtain further informa
tion about the statutes and regula
tions listed above from and/or file a
written complaint with this organiza
tion; or the Secretary, U.S. Depart
ment of Agriculture, Washington,
D.C. 20250. Complaints must be
filed within 180 days after alleged
discrimination. Confidentiality will
be maintained to the extent possi
ble.
08-431
NOTICE TO DEBTORS AND
CREDITORS
STATE OF GEORGIA
COUNTY OF MONROE
All creditors of the Estate of BAR
BARA JEAN KISER, deceased,
late of Monroe County, Georgia,
are hereby notified to render their
demands to the undersigned ac
cording to law, and all persons in
debted to the Estate are hereby re
quired to make immediate payment
to me.
/s/Anita Faye Miller
ANITA FAYE MILLER, Executor
647 Irish Hill Drive
Concord, GA 30206
HAYGOOD, LYNCH, HARRIS,
MELTON & WATSON, LLP
87 North Lee Street
PO Box 657
Forsyth, Georgia 31029
(478)994-5171
GA Bar# 331290
08-413
NOTICE TO DEBTORS AND
CREDITORS
STATE OF GEORGIA
COUNTY OF MONROE
All creditors of the Estate of CAR
OLYN JEANNETTE PRESSLEY,
deceased, late of Monroe County,
Georgia, are hereby notified to ren
der their demands to the under
signed according to law, and all
persons indebted to the Estate are
hereby required to make immediate
payment to me.
/s/CHARLES RAY PRESSLEY
CHARLES RAY PRESSLEY,
Administrator
Address: 165 Springdale Road,
Jackson, GA 30233
HAYGOOD, LYNCH, HARRIS,
MELTON & WATSON, LLP
87 North Lee Street
PO Box 657
Forsyth, Georgia 31029
(478)994-5171
GA Bar #331290
08-424
IN THE JUVENILE COURT OF
MONROE COUNTY, GEORGIA
IN THE INTEREST OF:
A.H.. SEX B/F. AGE 15. DOB
12/12/92. CASE #2008-JR-243
J.A.H.. SEX B/M. AGE 2 days.
DOB 07/30/08. CASE #2008-JR-
244
CHILDREN UNDER 18
YEARS OF AGE
TO WHOM IT MAY CONCERN,
ROBERT TRAYLOR, (putative fa
ther of A.H.) CACHIOUS “SHOP
MAN” ?, (putative father of
J.A.H.), ANY POSSIBLE UN
KNOWN FATHER(S) AND ANY
ONE CLAIMING A PARENTAL IN
TEREST IN THE ABOVE NAMED
MINOR CHILDREN BORN TO
A.H. and JUANITA HICKS
You are notified that a petition for
custody concerning of the above
children was filed against you in
said court on 08/04/08, and by rea
son of an Order for Service entered
by the court on 08/04/08.
YOU ARE COMMANDED AND
REQUIRED TO BE AND APPEAR
before the Monroe County Juvenile
Court, Monroe County Justice Cen
ter, Forsyth, Georgia on 08/14/08 at
8:30 a.m. and on 10/22/08 at 8:30
a.m. for a hearing following service
by publication. Serve an answer on
Petitioner's Attorney, W. Ashley
Hawkins, PO Box 325, Forsyth,
Georgia 31029. You may obtain a
copy of the petition by contacting
the Monroe County Juvenile Court
Clerk.
WITNESS the Honorable Judges
of this court, this 4 day of Auqust,
2008.
/s/Susan Niblett
DEP CLERK, MONROE COUNTY
JUVENILE COURT
08-412
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Under and by virtue of the Power
of Sale contained in a Security
Deed given by THE EVERWOOD
GROUP, LLC to THE PARK AVE
NUE BANK dated March 16, 2007 ,
recorded in Deed Book 1209 Page
11, Monroe County, Georgia Re
cords, conveying the after-descri
bed property to secure a Note in
the original principal amount of
ONE MILLION SIX HUNDRED
TWENTY THOUSAND DOLLARS
(1,620,000.00) with interest thereon
as set forth therein, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of Monroe County,
Georgia, within the legal hours of
sale on the first Tuesday in Sep
tember, 2008, the following descri
bed property:
Being that tract or parcel of land
lying in Land Lot 156 of the 4th
Land District of Monroe County,
Georgia, and being more particular
ly described as follows:
Beginning for the same at a point
at the Northeast corner of the be
low described tract or parcel, said
point being at the intersection of the
Northern line aforesaid Land Lot
156 and the Western right-of-way
000
Legal Notices
of Highway 42 (60 feet r/w); thence,
running South 85E 36' 40" East,
285.06 feet to the point of begin
ning.
1. South 15E 53' 46" West 211.62
feet to a point; thence,
2. 36.83 feet along the arc of a
curve deflecting to the right and
having a radius of 230.00 feet and
a chord bearing and distance of
South 78E 41'30" West, 36.79 feet,
thence,
3. North 83E 16’ 45" East, 209.03
feet to a point; thence
4. Running with the said line of
Highway 42 South 06E 43' 15"
East, 60 feet to a point; thence
leaving the aforesaid line of high
way 42 and running,
5. South 83E 16' 45" West 209.30
feet to a point; thence,
6. 49.44 feet along the arc of a
curve deflecting to the Right and
having a radius of 170.00 feet and
a chord bearing and distance of
South 74E 56' 54" West, 49.26 feet
, thence,
7. South 66E 37' 03" West 35.44
feet to a point; thence,
8. North 06E 43' 15" West 1179.55
feet to a point; thence,
North 85E57' 10" West 1218.52
feet to a point; thence,
North 85E 54' 49" West, 2937.26
feet to a point; thence,
North 09E 11'00" East, 265.60 feet
to a point; thence
North 03E 16' 25" East, 192.14 feet
to a point; thence,
13. North 01E 16' 40" East, 292.58
feet to a point; thence,
14. North 03E 42’ 50"East 411.31
feet to a point; thence,
15. North 05E 09' 50" East 229.60
feet to a point; thence,
16. North 06E 21' 25" East, 70.66
feet to a point; thence,
17. South 85E 37' 00" East,
1786.94 feet to a point; thence,
18. South 85E 36' 35" East, 56.94
feet to a point; thence,
19. North 23E 18' 10" East, 316.74
feet to a point; thence,
20. North 32E 43' 15" East, 188.99
feet to a point; thence,
21. North 58E 49' 05" East, 464.75
feet to a point; thence,
22. North 43E 06' 00" East 247.73
feet to a point; thence,
23. South 58E 41' 10" East, 157.05
feet to a point; thence,
24. South 89 E 07' 25" East, 291.27
feet to a point; thence,
25. South 05E 09' 25" West, 126.06
feet to a point; thence,
26. South 22E 26' 55" West, 134.45
feet to a point; thence,
27. South 07E 27' 55" West, 147.64
feet to a point; thence,
28. South 03E 08' 55" West, 398.47
feet to a point; thence,
29. South 85E 36' 40" East 931.23
feet to the POINT OF BEGINNING,
containing 6,608,052 square feet or
151.7 Acres of land, more or less.
The debt secured by said Securi
ty Deed has been and is hereby de
clared due because of, among oth
er possible events of default, failure
to pay the indebtedness as and
when due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in de
fault, this sale will be made for the
purpose of paying the same and all
expenses of this sale, as provided
in said Security Deed and by law,
including attorneys fees (notice of
intent to collect attorneys fees hav
ing been given).
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record superi
or to the Security Deed first set out
above.
The entity that has full authority
to negotiate, amend and modify all
terms of the mortgage with the
Debtor is: PARK AVENUE BANK
P. O. BOX 670, MCDONOUGH,
GA 30253, 770-898-0852. Please
understand that the secured cred
itor is not required by law to negoti
ate, amend or modify the terms of
the mortgage instrument.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is THE
EVERWOOD GROUP, LLC or a
tenant or tenants and said property
is more commonly known as
TRACT LYING AND BEING IN
LAND LOT 156, 4TH LAND DIS
TRICT, MONROE COUNTY,
GEORGIA.
The sale will be conducted sub
ject (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.
This 29th day of July, 2008.
THE PARK AVENUE BANKA/K/A
PARK AVENUE BANK AS ATTOR
NEY IN FACT FOR THE EVER
WOOD GROUP, LLC
DAVID M. WOLFSON, P. C.
Attorney at Law
1010 Williams Street
Valdosta, GA31601
(229) 257-0080
State Bar No. 773395
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