Newspaper Page Text
September 17, 2008
PAGE 9D
000
Legal Notices
08-457
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 Mary C. Wersen and
Paul M. Wersen to Group Financial
Southeast, dated August 13, 1997,
recorded in Deed Book 532, Page
280, Monroe County, Georgia Re
cords, as last transferred to Bank of
New York as Trustee on Behalf of
the Certificateholders 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-THREE
THOUSAND THREE HUNDRED
SIXTY-FOUR AND 0/100 DOL
LARS ($73,364.00), 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 Octo
ber, 2008, the following described
property:
All that tract or parcel of land ly
ing and being in Land Lot 61 of the
5th Land District of Monroe County,
Georgia, and being known and des
ignated as Lot 3 of Unit Develop
ment 48 Subdivision (A/K/A Lee
King Heights Subdivision) accord
ing to that certain plat of survey en
titled "Subdivision Lee King
Heights", prepared by C. Donald
Curry, Surveyor, dated June, 1972,
and recorded in Plat Book 5, Page
38, Clerk's Office, Monroe County
Superior Court, which plat is by this
description incorporated herein and
made a part of this description.
Also conveyed herewith is a non
exclusive perpetual easement for
driveway purposes over, upon and
across those roadways designated
as Pine Vally Drive and Oak Hill
Drive on the above-described plat
of survey.
The property herein described
being the property conveyed by
Susan Kyte to Richard A. Kyte by
deed dated September 30, 1994,
and recorded in Deed Book 443,
Page 227, Clerk's Office, Monroe
County Superior Court.
Said property is conveyed sub
ject to covenants, conditions, re
strictions, reservations, easements
and rights of way, if any, affecting
said property, and is also conveyed
subject to the rules and regulations
of any governmental authorites
having jurisdiction over said proper
ty-
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: Countrywide Home
Loans, 5401 North Beach Street,
MS FWTX-35, Fort Worth, TX
76137, 1-888-219-7773. 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 Mary
C. Wersen and Estate for Paul M.
Wersen or a tenant or tenants and
said property is more commonly
known as 54 Pine Valley Drive,
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.
Bank of New York as Trustee on
Behalf of the Certificateholders
as Attorney in Fact for
Mary C. Wersen and Paul M. Wers
en
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosu rehotli ne. net
MR/ps 1 10/7/08
Our file no. 51362708-FT4
08-455
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 Joann L. Price to
Wells Fargo Home Mortgage, Inc,
dated February 26, 2004, recorded
in Deed Book 948, Page 36, Mon
roe County, Georgia Records, con
veying the after-described property
to secure a Note in the original prin
cipal amount of SEVENTY-SIX
THOUSAND AND 0/100 DOLLARS
sReporter
000
Legal Notices
($76,000.00), 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 Octo
ber, 2008, the following described
property:
All that tract or parcel of land ly
ing and being in Land Lot 127 of
the 12th Land District of Monroe
County, Georgia, being known and
designated as Lot 4, Block C, Sec
tion One, in a subdivision for Middle
Georgia Woodlands, Inc., accord
ing to a plat of record in Plat Book
11, Page 144, Clerk's Office, Mon
roe Superior Court. Said lot has
such size, shape and dimensions
as shown on said plat which is in
corporated herein by reference
thereto.
This conveyance is made subject
to all zoning ordinances, conditions,
easements, restrictions and cove
nants of record.
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: Wells Fargo Home Mort
gage, Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-1472.
Please understand that the secured
creditor is not required 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 Joann
L. Price or a tenant or tenants and
said property is more commonly
known as 158 Charles Johnson
Road, 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.
Wells Fargo Bank, N.A sbm Wells
Fargo Home Mortgage, Inc
as Attorney in Fact for
Joann L. Price
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 52003208-FT7
08-438
IN THE JUVENILE COURT OF
MONROE COUNTY, GEORGIA
IN THE INTEREST OF:
P.M. SEX W/M. AGE 6. DOB
08/29/01. CASE #2008-JR-249
A.H.. SEX W/F. AGE 9. DOB
12/07/98. CASE #2008-JR-250
CHILDREN UNDER 18 YEARS OF
AGE
TO WHOM IT MAY CONCERN,
SABRINA HERRING (mother),
PHILLIP ERIC HERRING (putative
father of P.M.), CHARLES
DWAYNE EVANS (putative father
of A. H.), ANY POSSIBLE UN
KNOWN FATHER(S) AND ANY
ONE CLAIMING A PARENTAL IN
TEREST IN THE ABOVE NAMED
MINOR CHILDREN
You are notified that a Petition
for Placement with A Fit and Willing
Relative concerning of the above
children was filed against you in
said court on 08/18/08, and by rea
son of an Order for Service entered
by the court on 08/18/08.
YOU ARE COMMANDED AND
REQUIRED TO BE AND APPEAR
before the Monroe County Juvenile
Court, Monroe County Justice Cen
ter, Forsyth, Georgia on 09/11/08 at
8:30 a.m. and on 11/26/08 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 18th day of Au
gust, 2008.
/s/Susan Niblett
dep CLERK, MONROE COUNTY
JUVENILE COURT
08-459
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
from John Robert Summers, to
Branch Banking and Trust Compa
ny, dated September 24, 2007, in
Deed Book 1247, Page 207, Mon
roe County, Georgia Records, said
Security Deed having been given to
secure a Note of even date in the
original principal amount of ONE
HUNDRED ELEVEN THOUSAND
DOLLARS AND NO CENTS
($111,000.00), with interest thereon
as provided for 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
000
Legal Notices
sale on the first Tuesday in October
2008, all property described in said
Security Deed including but not lim
ited to the following described prop
erty: ALL THAT TRACT OR PAR
CEL OF LAND LYING AND BEING
IN LAND LOT 198 OF THE 4TH
LAND DISTRICT OF MONROE
COUNTY, GEORGIA, BEING
SHOWN AND DESIGNATED AS
LOT M-31 CONTAINING 3.73
ACRES OF RIVER FOREST SUB
DIVISION, SECTION II, PHASE IV,
“THE SUMMIT AT RIVER FOR
EST," UPON A PLAT OF SURVEY
PREPARED BY STEVEN A. CO
LEMAN, GRLS, DATED NOVEM
BER 4, 2004, A COPY OF WHICH
IS RECORDED IN PLAT BOOK 27,
PAGES 114-116, CLERK’S OF
FICE MONROE SUPERIOR
COURT TO WHICH REFERENCE
IS MADE FOR A MORE COM
PLETE AND ACCURATE DE
SCRIPTION. ALSO CONVEYED
TO GRANTEE IS A NON-EXCLU
SIVE, PERPETUAL EASEMENT
FOR INGRESSAND EGRESS
OVER ALL OF THE ROADS,
STREETS, AND RIGHT-OF-WAYS
AS SHOWN ON THE AFORESAID
PLAT AND ALL OTHER PLATS OF
RIVER FOREST SUBDIVISION IN
ORDER TO PROVIDE ACCESS
TO SAID PROPERTY FROM
JOHNSONVILLE ROAD. SAID
PROPERTY IS SOLD SUBJECT
TO ALL EASEMENTS AND SET
BACK LINES AS SHOWN ON THE
ABOVE REFERENCED PLAT
AND, FURTHER, SUBJECT TO
THE DECLARATION OF RE
STRICTIVE COVENANTS FOR
RIVER FOREST SUBDIVISON
WHICH APPEAR OF RECORD IN
THE CLERK'S OFFICE OF MON
ROE SUPERIOR COURT AS
WELL AS ANY AMENDMENTS TO
THE SAME. Said property located
at 314 Crescent Drive Forsyth, GA
31029. The indebtedness secured
by said Security Deed has been
and is hereby declared due be
cause of default under the terms of
said Security Deed and Note, in
cluding but not limited to the non
payment 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 all
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 ac
curate survey or by an inspection of
the property; any outstanding tax
es, 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 restric
tive covenants, easements, rights-
of-way and any other matters of re
cord superior to said Security
Deed. To the best of the knowledge
and belief of the undersigned, the
party in possession of the property
is John Robert Summers or
tenant(s). The sale will be conduct
ed subject (1) to confirmation that
the sale is not prohibited under the
U.S. Bankruptcy Code and (2) to fi
nal confirmation and audit of the
status of the loan with the holder of
the Security Deed, Branch Banking
and Trust as Attorney in Fact for
John Robert Summers. Contact:
Patrick J. Geheren, Esq., 1535
Mount Vernon Road, Atlanta, GA
30338 TEL (678) 587-9500. THIS
LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFOR
MATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
08-461
NOTICE
GEORGIA, MONROE COUNTY
PROBATE COURT
PAULETTE B. HUNNICUTT has
petitioned to be appointed Adminis
trator of the estate of STANLEY
ALVIN HUNNICUTT, deceased, of
said County. (The petitioner has al
so applied for waiver of bond
and/or grant of certain powers con
tained in O.C.G.A. §53-12-232.) All
interested parties are hereby noti
fied to show cause why said peti
tion should not be granted. All ob
jections to the petition must be in
writing, setting forth the grounds of
any such objections, and must be
filed with the court on or before
10:00 a.m. on October 6, 2008. All
pleadings/objections must be sign
ed before a notary public or before
a probate court clerk, and filing fees
must be tendered with your plead
ings/objections, unless you qualify
to file as an indigent party. Contact
probate court personnel at the fol
lowing 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.
HON. KAREN H. PITMAN
JUDGE OF THE
PROBATE COURT
By: Renee Ralls
CLERK/DEPUTY CLERK OF
THE PROBATE COURT
PO Box 187
Forsyth, Georgia 31029
(478)994-7036
HAYGOOD, LYNCH, HARRIS,
MELTON & WATSON, LLP
Charles B. Haygood, Jr.
87 North Lee Street
PO Box 657
Forsyth, Georgia 31029
(478)994-5171
08-447
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
Under and by virtue of the Power
of Sale contained in a Security
Deed given by Living Homes, Inc.
000
Legal Notices
to Victor J. Hooper, dated Septem
ber 12, 2005, recorded in Deed
Book 1168, Page 120, in the Office
of the Clerk of Superior Court of
Monroe County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of FIFTY THREE
THOUSAND FIVE HUNDRED SIX
TY FOUR AND 48/100 DOLLARS
($53,564.48) 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 Octo
ber, 2008, the following described
property:
EXHIBIT “A”
All that tract or parcel of land ly
ing and being in Land Lot 201 of
the 4th District, Monroe County,
Georgia, being Lot I-24, of the
Bridges at River Forest, Section II,
Phase I, as per plat recorded in
Plat Book 27, Page 22, Monroe
County, Georgia Records, to which
plat reference is made for a more
detailed description.
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), 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,
covenants, and matters of record
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 is Living
Homes, Inc. or a tenant or tenants
and said property is more common
ly known as 104 Tee Drive, For
syth, 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.
Victor J. Hooper as Attorney in Fact
for Living Homes, Inc.
Heather A. Dognazzi, Esquire
Dickenson Gilroy LLC
2002 Commerce Drive N, Ste B
Peachtree City, Georgia 30269
770.631.3737
THIS LAW FIRM IS ATTEMPT
ING TO COLLECT A DEBT ON
BEHALF OF THE ABOVE REFER
ENCED LENDER AND ANY IN
FORMATION WILL BE USED FOR
THAT PURPOSE.
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
08-446
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
Under and by virtue of the Power
of Sale contained in a Security
Deed given by Living Homes, Inc.
to Victor J. Hooper, dated Septem
ber 12, 2005, recorded in Deed
Book 1168, Page 102, in the Office
of the Clerk of Superior Court of
Monroe County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of FIFTY THREE
THOUSAND FIVE HUNDRED SIX
TY FOUR AND 48/100 DOLLARS
($53,564.48) 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 Octo
ber, 2008, the following described
property:
EXHIBIT “A”
All that tract or parcel of land ly
ing and being in Land Lot 201 of
the 4th District, Monroe County,
Georgia, being Lot I-23, of the
Bridges at River Forest, Section II,
Phase I, as per plat recorded in
Plat Book 27, Page 22, Monroe
County, Georgia Records, to which
plat reference is made for a more
detailed description.
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
000
Legal Notices
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), 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,
covenants, and matters of record
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 is Living
Homes, Inc. or a tenant or tenants
and said property is more common
ly known as 106 Tee Drive, For
syth, 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.
Victor J. Hooper as Attorney in Fact
for Living Homes, Inc.
Heather A. Dognazzi, Esquire
Dickenson Gilroy LLC
2002 Commerce Drive N, Ste B
Peachtree City, Georgia 30269
770.631.3737
THIS LAW FIRM IS ATTEMPT
ING TO COLLECT A DEBT ON
BEHALF OF THE ABOVE REFER
ENCED LENDER AND ANY IN
FORMATION WILL BE USED FOR
THAT PURPOSE.
08-462
NOTICE
PROBATE COURT OF MONROE
COUNTY
RE: PETITION OF TONI MARTIN
TO PROBATE IN SOLEMN FORM
THE WILL OF ELLEN GUNNELLS,
DECEASED, UPON WHICH AN
ORDER FOR SERVICE WAS
GRANTED BY THIS COURT ON
SEPTEMBER 2ND, 2008.
TO: DEWEY MIXON, all interested
parties sand all and singular the
heirs of said decedent, and to
whom it may concern:
This is to notify you to file objec
tion, if there is any, to the above
referenced petition, in this Court on
or before 10:00 AM October 6,
2008.
BE NOTIFIED FURTHER: All ob
jections to the petition must be in
writing, setting forth the grounds of
any such objections. All
pleadings/objections must be sign
ed before a n otary public or before
a probate court clerk, and filing fees
must be tendered with your plead
ings/objections, unless you qualify
to file as an indigent party. Contact
probate court personnel at the fol
lowing 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.
/s/Karen H. Pitman
PROBATE JUDGE
By: Donna Robins
CLERK OF THE PROBATE
COURT
PO Box 187
Forsyth, GA31029
(478)994-7036
08-458
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
Because of default in the pay
ment of the indebtedness, secured
by a Security Deed executed by
Tracey M. Ivey to Mortgage Elec
tronic Registration Systems Inc.,
dated November 16, 2005 in the
amount of $420,000.00, and re
corded in Deed Book 01094, Page
00219, Monroe County, Georgia
Records; as last transferred to In
dyMac Bank F.S.B. by assignment;
the undersigned, IndyMac Bank
F.S.B. pursuant to said deed and
the note thereby secured, has de
clared the entire amount of said in
debtedness due and payable and
pursuant to the power of sale con
tained in said deed, will on the first
Tuesday in October, 2008 , during
the legal hours of sale, at the
Courthouse door in Monroe Coun
ty, sell at public outcry to the high
est bidder for cash, the property de
scribed in said deed to-wit:
All that tract or parcel of land ly
ing and being in Land Lot 97 of the
6th District, Monroe County, Geor
gia, being Parcel 2-A, containing
4.878 acres recorded in Plat Book
27, Page 31, Monroe County,
Georgia Records, which plat is by
reference incorporated herein and
made a part of this description.
which has the property address
of 3700 Johnstonville Road, For
syth, Georgia., together with all fix
tures and other personal property
conveyed by said deed.
The sale will be held subject to
any unpaid taxes, assessments,
rights-of-way, easements, protec
tive covenants or restrictions, liens,
and other superior matters of re
cord which may affect said proper
ty-
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 attorneys' fees in ac
cordance with the terms of the note
secured by said deed.
Said property will be sold as the
000
Legal Notices
property of Tracey M. Ivey and the
proceeds of said sale will be ap
plied to the payment of said indebt
edness, the expense of said sale,
all as provided in said deed, and
the undersigned will execute a
deed to the purchaser as provided
in the aforementioned Security
Deed.
IndyMac Bank
F.S.B.
Attorney in Fact for
Tracey M. Ivey
Anthony DeMarlo, Attorney/jpla-
nicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-09033 /CONV
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS AT
TEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
08-451
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE UNDER POW
ER IN DEED TO SECURE DEBT
Under and by virtue of the power
of sale contained in that certain
Deed to Secure Debt from Cather
ine R. Tucker to Mortgage Electron
ic Registration Systems, Inc. in the
original principal amount of
$288,000.00 dated 10/26/2004, and
recorded in Deed Book 1002, page
256, Monroe County records, the
undersigned will sell at public out
cry to the highest bidder for cash
before the Courthouse door in said
County, during the legal hours of
sale, on the first Tuesday of Octo
ber, 2008 by Mortgage Electronic
Registration Systems, Inc. as nomi
nee for U.S. Bank, NA, as Attorney-
in-Fact for Catherine R. Tucker the
following described property:
All that tract or parcel of land sit
uate, lying and being in Monroe
County, Georgia, being known and
designated as Lot 12, Block A,
Phase 2, Heritage Farms Subdivi
sion, as shown on a plat of Survey
of record in Plat Book 15, page
185-186, Monroe County Records.
Said lot has such location, size,
shape, metes, bounds and dimen
sions as shown on said plat which
by reference thereto is hereby
made a part hereof in aid of a more
complete and accurate description.
There is a dwelling located there
on known under the present system
of numbering as 518 Heritage Way,
Macon, Georgia.
Said property is the same proper
ty conveyed to Robert N. Tucker
from Gene Tucker and Judy Tucker
by Quit Claim Deed recorded in
Deed Book 658, page 66 of record
in Monroe County Superior Court.
Property known as: 518 Heritage
Drive, Macon, GA 31210
The indebtedness secured by
said Deed to Secure Debt having
been declared due and payable be
cause of default in the payment of
the indebtedness secured thereby,
this sale will be made for the pur
poses of paying the same and all
expenses of sale, including attor
ney's fees, (notice having been giv
en as provided by law).
The property will be sold as the
property of The Aforesaid Grantors
subject to the following:
(1) all prior restrictive covenants,
easements, rights-of-way or en
cumbrances; (2) all valid zoning or
dinances; (3) matters which would
be disclosed by an accurate survey
of the property; (4) the outstanding
ad valorem taxes and assess
ments, if any; (5) unpaid water and
sewage bills, that constitute liens
against the property, whether due
and payable or not yet due and
payable; and (6) matters of record
superior to the security deed first
set out above.
Pursuant to O.C.G.A. Section
44-14-162.2 the name of the per
son or entity who has the full au
thority to negotiate, amend, or mod
ify the terms of the aforementioned
indebtedness is:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
Nothing contained in this Notice
of Sale shall obligate Lender to ne
gotiate, amend or modify said in
debtedness.
To the best of the undersigned's
knowledge and belief, the party in
possession is Catherine R. Tucker.
Mortgage Electronic Registration
Systems, Inc. as nominee for U.S.
Bank, NA, as Attorney-in-fact for
Catherine R. Tucker.
This law firm is acting as a debt
collector attempting to collect a
debt, any information obtained will
be used for that purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
08-477
PUBLIC HEARING
An application has been filed
with the Monroe County Planning
and Zoning Office to rezone proper
ty located at 6390 New Forsyth
Road (Map 108, Parcel 20M). This
property is currently zoned Resi
dential and the applicant is request
ing a change to Commercial for the
purpose of a outdoor advertising
sign. The Monroe County Planning
and Zoning Board will hold a Public
Hearing September 29, 2008 at
5:30 pm. The Monroe County
Board of Commissioners will hold a
Public Hearing during their regular
ly scheduled meeting on October 7,
2008 that begins at 6:00 pm.
These meetings are held in the
County Annex Building at 38 West
Main Street, Forsyth, GA 31029. If
you need any further assistance,
please contact John Kutscher, Zon
ing Officer at 478-994-7040.