The Millen news. (Millen, Jenkins County, Ga.) 1903-current, June 10, 2009, Image 6

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Page 6 — Wednesday, June 10, 2009, The Millen News Cfassj SWAP AND Call 706-554-2111 or 706-724-2122 Legal Advertising Legal Advertising Legal Advertising Legal Advertising Legal Advertising Legal Advertising While The Millen News seeks to avoid any error, it shall not be liable for any error or omission in an advertise ment except to refund the cost of the advertisement or to rerun the advertise ment at the customer’s election. The Millen News shall not be liable for any other damages which the customer may incur. By placing an advertisement with The Millen News, the customer accepts the terms of this disclaimer. gpn18 -71A- IN THE SUPERIOR COURT OF JENKINS COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. 1J09CV076T LEWIS DAILEY, PLAINTIFF, vs.BRENDA D. SEARSON, f/k/a BRENDA D. BRAGG, KIMBERLY DAWN BRAGG, A/K/A KIM BRAGG, BRIAN ROBERT BRAGG, BRENDA SUE BRAGG, A/K/A BRENDA SUE MORRIS, ASSET ACCEPTANCE LLC (AS ASSIGNEE OF BANK ONE), DIS COVER BANK, GEORGIA DEPART MENT OF LABOR, KBL INVEST MENTS, LLC, REGIONS BANK, HOBE FINANCIAL CORPORATION, HOWE & ASSOCIATES, PC, LYRIC COMPANY, LLC, GREAT SENECA FINANCIAL CORP, JENKINS COUNTY TAX COM MISSIONER, THE ESTATE OF VALE RIE C. MARSH, AND THE ESTATE OF MRS. NEAL GRINER. DEFENDANTS. NOTICE FOR SERVICE BY PUBLICATION Service by Publication Ordered on May 13, 2009 TO: BRENDA D. SEARSON f/k/a BRENDA D. BRAGG BRENDA SUE BRAGG a/k/a BRENDA SUE MORRIS ASSET ACCEPTANCE, LLC DISCOV ER BANK GREAT SENECA FINAN CIAL CORPORATION ESTATE OF VALERIE C. MARSH ESTATE OF MRS. NEAL GRINER The above-styled action which re lates to real property located in this state in which you have or claim an interest was filed against you by LEWIS DAILEY, on May 1, 2009. By Order dat ed May 13, 2009, this Court ordered that service of process upon you be had by publication, all as provided by law. You are hereby required to file with the Clerk of this Court and to serve upon Plaintiff=s attorney, R. H. REEVES, III, P. 0. Box 690, Millen, Georgia 30442, an answer to Plaintiff=s Petition for Eq uitable Partitioning and for Quia Timet Against All the World within sixty (60) days from the date of the Order for ser vice by publication as set forth above. WITNESS the Honorable JOHN R. TURNER, Judge of the Superior Court of Jenkins County, Georgia. This 15th day of May, 2009. BY: ELIZABETH T. LANDING CLERK Superior Court of Jenkins County, Georgia MY20,27,JU3,10c gpn18 -70A- IN THE PROBATE COURT OF JENKINS COUNTY STATE OF GEORGIA IN RE: ESTATE OF E.J. DANIEL, DE CEASED PETITION BY PERSONAL REPRE SENTATIVE FOR WAIVER OF BOND AND GRANT OF CERTAIN POWERS NOTICE ELLIS J. DANIEL, JR. a/k/a DANNY DANIEL and DIANNE DANIET BIRTS have petitioned for waiver of bond and for the grant of certain powers con tained in O.C.G.A. 153-12-232 in regard to the above estate. All interested par ties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before June 22, 2009. All pleadings/objections must be signed before a notary public or before a pro bate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone num ber for the required amount of filing fees. If any objections are filed, the Pe tition may be denied or a hearing will be scheduled for a later date. If no objec tions are filed, the petition may be granted without a hearing. WANDA P. BURKE PROBATE JUDGE P.O. Box 904 611 East Winthrope Avenue Millen, Georgia 30442 478-982-5581 MY20,27,JU3,10c gpn18 -68A- NOTICE GEORGIA, JENKINS COUNTY PRO BATE COURT TO: WHOM IT MAY CONCERN TOMMY RAY MYERS has petitioned to be appointed Administrator of the estate of NELL BENNETT, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of cer tain powers contained in O.C.G.A. I53- 12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objec tions, and must be filed with the court on or before JUNE 19, 2009. All plead ings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. 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 objec tions are filed, the petition may be granted without a hearing. WANDA P. BURKE PROBATE JUDGE By: GAIL BOYD PROBATE CLERK 611 EAST WINTHROPE AVENUE P.O. BOX 904 MILLEN, GEORGIA 30442 478-982-5581 MY20,27,JU3,10c gpn11 -82A- NOTICE OF SALE UNDER POWER GEORGIA, JENKINS COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Darrell L. Mcclung to Mortgage Electronic Registration Systems, Inc. dated December 20, 2007 in the amount of $195,000.00, and recorded in Deed Book 6E, Page 650, Jenkins County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assign ment; the undersigned, Mortgage Elec tronic Registration Systems, Inc. pursu ant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2009 , during the legal hours of sale, at the Courthouse door in Jenkins 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 with im provements, situate, lying and being in the 1638th G.M. District of Jenkins County, Georgia, containing 17.44 Acres, more or less, and being more particularly described by a Plat of Sur vey prepared by Troy S. Smith, GA. Registered Land Surveyor #2459, dated December 12, 2007, and recorded in Plat Book 17, Page 207, in the Office of the Clerk of Superior Court of Jenkins County, Georgia, which plat and de scription are incorporated herein and made a part of this description by refer ence. The above described property is identified on Jenkins County Tax As sessor Map 029 as Parcel 029. which has the property address of 1183 Hwy 21E, Millen, Georgia., together with all fixtures and other personal prop erty conveyed by said deed. The sale will be held subject to any un paid taxes, assessments, rights-of-way, easements, protective covenants or re strictions, liens, and other superior mat ters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohib ited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the prop erty of Darrell L. Mcclung and the pro ceeds of said sale will be applied to the payment of said indebtedness, the ex pense of said sale, all as provided in said deed, and the undersigned will ex ecute a deed to the purchaser as pro vided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Darrell L. Mcclung Anthony DeMarlo, Attorney/smagnuson McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-13220/FHLMC THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. JU10,17,24,JY1c gpn11 -78A- NOTICE TO DEBTORS AND CREDITORS JENKINS COUNTY, GEORGIA RE: WALTER OLLIFF MOORE, SR. All creditors of the estate of Walter Olliff Moore, Sr. are hereby notified to render their demands to the under signed in accordance to law, and all persons indebted to the estate are re quired to make immediate payment to the undersigned. This day of , 20 . Jacqueline M. Moore, Executrix 1076 Grimm Avenue Millen, Georgia 30442 Franklin, Taulbee, Rushing, Snipes & Marsh, LLC Post Office Box 327 Statesboro, Georgia 30459 (912) 764-9055 MY27.JU3,10,17p gpn11 -74 A- NOTICE OF SALE UNDER POWER GEORGIA, JENKINS COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Odell William, Jr. to Mortgage Electronic Registration Systems, Inc. dated January 9, 2007 in the amount of $195,000.00, and re corded in Deed Book 5Z, Page 203, Jenkins County, Georgia Records; as last transferred to IndyMac Federal Bank, F.S.B. by assignment; the under signed, IndyMac Federal Bank, F.S.B. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2009 , during the legal hours of sale, at the Courthouse door in Jenkins County, sell at public outcry to the highest bidder for cash, the property described in said deed to- wit: Tax ID Number: M14-003 Land situated in the County of Jenkins in the State of GA All that certain lot, tract or parcel of land, lying and being in the 16385th GMD, Jenkins County, Georgia, located at the Northwestern intersection of Hen drix Street and College Avenue, being shown as Parcel No. 1 on a plat of sur vey prepared by Frank Ford, Surveyor, dated July 20, 1959, and recorded in Plat Book 4, Page 307, Jenkins County Records, which plat of survey is by ref erence incorporated herein as part of this description. Said property is bound ed now or formerly as follows: on the North by Parcel No. 2 now owned by Mrs. W.R. Clifton; on the East by the Right-of-Way of Hendrix Street; on the South by the Right-of-Way of College Avenue; and on the West by lands of Joe R. Parker. Said property has a frontage on College Avenue of 120 feet, more or less and on Hendrix Street of 144 feet, more or less. Commonly known as: 361 College Ave, Millen, GA 30442 which has the property address of 361 College Ave, Millen, Georgia., to gether with all fixtures and other per sonal property conveyed by said deed. The sale will be held subject to any un paid taxes, assessments, rights-of-way, easements, protective covenants or re strictions, liens, and other superior mat ters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohib ited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the prop erty of Odell William, Jr. and the pro ceeds of said sale will be applied to the payment of said indebtedness, the ex pense of said sale, all as provided in said deed, and the undersigned will ex ecute a deed to the purchaser as pro vided in the aforementioned Security Deed. IndyMac Federal Bank, F.S.B. Attorney in Fact for Odell William, Jr. Anthony DeMarlo, Attorney/cyeats McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-11842 /FNMA THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. JU10,17,24,JY1c gpn11 -73A- NOTICE TO DEBTORS AND CREDITORS JENKINS COUNTY, GEORGIA RE: ESTATE OF WAYLON R. (“W.R.”) ROBERTS All creditors of the estate of Waylon R. (“W.R.”) Roberts are hereby notified to render their demands to the under signed in accordance to law, and all persons indebted to the estate are re quired to make immediate payment to the undersigned. This day of , 20 . Mary Ann Roberts Webb, Executrix 447 Springfield Drive Woodstock, Georgia 30188 Franklin, Taulbee, Rushing, Snipes & Marsh, LLC Post Office Box 327 Statesboro, Georgia 30459 (912) 764-9055 MY27,JU3,10,17p gpn11 -72A NOTICE OF SALE UNDER POWER GEORGIA, JENKINS COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Mildred Hargrove to Mortgage Electronic Registration Systems, Inc., dated May 9, 2007 in the amount of $139,200.00, and recorded in Deed Book 6B, Page 319, Jenkins County, Georgia Records; as last trans ferred to Merrill Lynch Mortgage Lend ing, Inc. by assignment; the under signed, Merrill Lynch Mortgage Lending, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2009 , during the legal hours of sale, at the Courthouse door in Jenkins County, sell at public outcry to the highest bidder for cash, the property described in said deed to- wit: All that tract or parcel of land lying and being in the 1635th G.M. District of Jen kins County, Georgia, being the plat of survey made for Mildred J. Hargrove by Troy Smith & Associates, Georgia Reg istered Professional Land Surveyor, re corded in Plat Book 17, Page 149, and being further described as follows: Be ginning at a spike at PI. of Herrington Rd. and Green-Fork Rd. thence South 76 degrees 08 minutes 30 seconds East, 1860.30 feet to a three fourth OTS being the Point of Beginning; thence North 46 degrees 59 minutes 33 seconds East, 368.29 feet; thence North 36 degrees 30 minutes 15 sec onds East, 228.76 feet; thence North 13 degrees 35 minutes 13 seconds East, 639.34 feet; thence South 83 degrees 26 minutes 48 seconds East, 296.00 feet; thence South 20 degrees 25 min utes 34 seconds West, 1225.51 feet thence North 70 degrees 29 minutes 06 seconds West, 342.24 feet to the Point of Beginning. Being a portion of the property described in Deed of Assent dated 8/2/1991, recorded in Book 3F, Page 80, of the Office of the Clerk of the Superior Court of Jenkins County, Georgia. A/K/A; 2821 Perkins Greenfork Rd. Perkins, GA 30822 which has the property address of 2621 Perkins Greenfork Rd, Perkins, Geor gia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any un paid taxes, assessments, rights-of-way, easements, protective covenants or re strictions, liens, and other superior mat ters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohib ited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the prop erty of Mildred Hargrove and the pro ceeds of said sale will be applied to the payment of said indebtedness, the ex pense of said sale, all as provided in said deed, and the undersigned will ex ecute a deed to the purchaser as pro vided in the aforementioned Security Deed. Merrill Lynch Mortgage Lending, Inc. Attorney in Fact for Mildred Hargrove Anthony DeMarlo, Attorney/kgrant McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-11241 /CONV THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. JU10,17,24,JY1c gpn09 -89A- SHERIFF’S SALE STATE OF GEORGIA COUNTY OF JENKINS There will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the courthouse door in Jenkins County, Georgia, on the first Tuesday in July, 2009, the following described property, to-wit; All that certain tract or parcel of land sit uate, lying and being in the 1635th G.M. District of Jenkins County, Georgia, and in the City of Millen fronting on the east side of the Millen-Waynesboro paved highway (U.S. Highway No.25) for a dis tance of 111 feet, more or less, and ex tending back from said highway in an easterly direction between parallel lines for a distance of 169 feet and being bounded, now or formerly, as follows: North by lands of Pearl Powell; East by lands of Patsy Hughes; South by lands of Clara Oliver Jordan; and West by U.S. Highway No.25, leading from Mil len to Waynesboro. This property is the same conveyed to Lee Shivers by Patsy Hughes under Warranty Deed dated July 26, 1947, and recorded in the Office of the Clerk of the Superior Court of Jenkins County, Georgia, in Deed Book “FF”, Page 215, and set aside to Madie Shivers and Lee Shivers, Jr. as year’s support out of the Estate of Lee Shivers pursuant to Order of the Probate Court of Jenkins County, Georgia, dated February 24,1965. This property is also identified on the Tax Appraiser’s Map M13 as Par cel 133. Said property found in the posses sion of Lee Shivers levied on to satisfy a fi fa in favor of the Tax Commissioner of Jenkins County against Lee Shivers issued by the Tax Commissioner of Jen kins County, Georgia, for State and County Ad Valorem taxes for the 2007 - 2008 levied on as the property of De fendant in fi fa, notice of levy and sale having been given the Defendant in fi fa (and/or Defendant in possession.) This 8th day of June, 2009. Brenda Mathern, Ex-Officio Sheriff Jenkins County, Georgia JU10,17,24,JY1 c gpn09 -88A- SHERIFF’S SALE STATE OF GEORGIA COUNTY OF JENKINS There will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the courthouse door in Jenkins County, Georgia, on the first Tuesday in July, 2009, the following described property, to-wit; All that tract or parcel of land situate, ly ing and being in the 1635th G. M. Dis trict of Jenkins County, Georgia, con taining 2.00 acres, more or less, and being more particularly described as Lot 16 and Lot 17, on that plat of survey prepared for Screven Wood Company, Inc. By Troy Smith, dated March 18, 1992 and recorded in the Office of the Clerk of Superior Court of Jenkins County, Georgia, in Plat Book 12, page 26, which plat and description are in corporated herein and made a part of this description. The above described property is the same as conveyed by Screven Wood Company, Inc. To Ivy L. Shuman by Warranty Deed dated April 21,1993, re corded in Deed Book 3J, Page 605, in the Office of the Clerk of Superior Court of Jenkins County, Georgia. This property is also identified on the Tax Appraiser’s Map 015 as Par cel 248. Said property found in the posses sion of Rufus Sharpe levied on to satis fy a fi fa in favor of the Tax Commis sioner of Jenkins County against Rufus Sharpe issued by the Tax Commission er of Jenkins County, Georgia, for State and County Ad Valorem taxes for the 2007 - 2008 levied on as the property of Defendant in fi fa, notice of levy and sale having been given the Defendant in fi fa (and/or Defendant in possession.) This 8th day of June, 2009. Brenda Mathern, Ex-Officio Sheriff Jenkins County, Georgia JU10,17,24,JY1 c gpn09 -87 A- SHERIFF’S SALE STATE OF GEORGIA COUNTY OF JENKINS There will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the courthouse door in Jenkins County, Georgia, on the first Tuesday in July, 2009, the following described property, to-wit; All that certain lot, tract or parcel lying and being in the 1636th G. M. District of Jenkins County, Georgia, containing 61.29 acres, more or less, and being more particularly described as Tract 3 on that certain plat of survey dated April 25, 2005, prepared by Troy A. Smith, Georgia RLS # 2459, recorded in Plat Book 17, Page 02, Jenkins County Georgia Public Records. The afore mentioned plat and the description thereon are by reference incorporated herein and made a part hereof. This property is also identified on the Tax Appraiser’s Map 028 as Par cel 156. Said property found in the posses sion of Christos Panagiotopolous levied on to satisfy a fi fa in favor of the Tax Commissioner of Jenkins County against Christos Panagiotopolous is sued by the Tax Commissioner of Jen kins County, Georgia, for State and County Ad Valorem taxes for the 2007 - 2008 levied on as the property of De fendant in fi fa, notice of levy and sale having been given the Defendant in fi fa (and/or Defendant in possession.) This 8th day of June, 2009. Brenda Mathern, Ex-Officio Sheriff Jenkins County, Georgia JU10,17,24,JY1c gpn09 -86A- SHERIFF’S SALE STATE OF GEORGIA COUNTY OF JENKINS There will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the courthouse door in Jenkins County, Georgia, on the first Tuesday in July, 2009, the following described property, to-wit; All that certain lot of parcel of land lying, situate, and being in the City of Millen, 1635th G. M. District of Jenkins County, Georgia, being designated as Lot No. 33 on a plat of survey made by Frank M Zeagler, III, Surveyor, dated July 28, 1983, and recorded in Plat Book 8, page 316, of the records of the Office of Clerk, Jenkins Superior Court, which plat is hereby referred to and made a part of this description. Said lot being bounded now or formerly as follows: North by Lot No. 32, for a distance of 144.8 Feet; East by lands of Nick Lewis, for a distance of 71.5 Feet; South by Lot No. 34, for a distance of 144.8 Feet; and West by the right of way of Dixie Crescent, for a distance of 71.5 Feet. Said property is the same as that con veyed by a joint survivorship warranty deed dated August 4, 1983, from Bren da Gail Williams, Linda Ree Williams and Wayne W Lord as the sole heirs at law of Carrie Bell Williams who died in testate on July 14, 1982, to David R Hutcheson. Said deed is recorded in Jenkins County Records in Deed Book 2N, Pages 83-83. A new survey prepared by Donald W. Marsh, survey dated August 3, 1998 and recorded in Plat Book 15, Page 5, Jenkins County Records. This survey reflects the same Lot # 33 as shown in the above description This property is also identified on the Tax Appraiser’s Map M01 as Par cel 007. Said property found in the posses sion of Orial Mosley levied on to satisfy a fi fa in favor of the Tax Commissioner of Jenkins County against Orial Mosley issued by the Tax Commissioner of Jen kins County, Georgia, for State and County Ad Valorem taxes for the 2007 - 2008 levied on as the property of De fendant in fi fa, notice of levy and sale having been given the Defendant in fi fa (and/or Defendant in possession.) This 8th day of June, 2009. Brenda Mathern, Ex-Officio Sheriff Jenkins County, Georgia JU10,17,24,JY1c gpn09 -85A- SHERIFF’S SALE STATE OF GEORGIA COUNTY OF JENKINS There will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the courthouse door in Jenkins County, Georgia, on the first Tuesday in July, 2009, the following described property, to-wit; Tract No. I: All that tract or parcel of land with all improvements thereon ly ing, situate and being in the 1635th G. M. District of Jenkins County, Georgia, containing 2.2 acres, more or less, and being bounded now or formerly as fol lows: On the North by lands of Larry English; West by lands of Charles James; South by lands of Louie F. Grimm; and, East by lands of Louie F. Grimm. For a more definite description of said property, a plat of same was prepared by Robert L. Bell, GA R.L.S. No. 274, dated June 3, 1985, and re corded in the office of the Clerk of Su perior Court of Jenkins County, Geor gia, in Plat Book 9, folio 122, which plat is made a part of this description by ref erence thereto. Tract II: All that certain tract or parcel of land with all improvements thereon, ly ing and being in the 1635th G. M. Dis trict of Jenkins County, Georgia, con taining 2.05 acres, more or less, and being bounded, now or formerly, as fol lows: on the North by lands of Louie F. Grimm; East by lands of Louie F.Grimm; South by lands of Larry Eng lish; and West by lands of Louie FR. Grimm. For a more definite description of this property, a plat of same prepared by Robert L. Bell, GA R. L. S. No. 274, - SEE LEGALS, PAGE 7