The Millen news. (Millen, Jenkins County, Ga.) 1903-current, September 30, 2009, Image 6

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Page 6 — Wednesday, September 30, 2009, The Millen News Cfassj SWAP AND Call 706-554-2111 or 706-724-2122 Legal Advertising Legal Advertising Legal Advertising ATTENTION 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. gpn15 -150A- NOTICE OF PETITION TO CHANGE NAME CASE #1J09DR062P GEORGIA, JENKINS COUNTY Notice is hereby given that Tommy Lee Procter, filed his Petition in the Su perior Court of Jenkins County, Geor gia, on the 23rd day of September, 2009, for a change in the name of Peti tioner to Tommy Lee Proctor. Notice is hereby given pursuant to law to any interested party to appear in said Court and file objections to such name change within thirty (30) days of the filing of said Petition. This 23rd day of September, 2009. /Linda Pittman Deputy. Clerk SE30,OC7,14,21 p gpn11 -137A- NOTICE OF SALE UNDER POWER GEORGIA, JENKINS COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Helen F. Boone to Mortgage Elec tronic Registration Systems, Inc., dated September 29, 2005, recorded in Deed Book 5P, Page 777, Jenkins County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP. by assignment to be recorded in the Of fice of the Clerk of Superior Court of Jenkins County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of SIXTY-ONE THOU SAND TWO HUNDRED AND 0/100 DOLLARS ($61,200.00), 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 Jenkins County, Georgia within the legal hours of sale on the first Tues day in October, 2009, the following de scribed property: All that tract or parcel of land situate, ly ing and being in the 1635th GM District of Jenkins County, Georgia, containing 0.3130 acres, more or less, and being more particularly described by a plat of survey prepared by Terry Mack Cole man, GA Registered Land Surveyor #2486, dated August 9, 2003, and re corded in Plat Book 16, Page 99, in the Office of the Clerk of Superior Court of Jenkins county, Georgia, which plat and description are incorporated herein and made a part of this description by refer ence. Warranty Deed executed by Franklin C. Garvin and Frank Garvin to Helen Jean Fletcher Wilson dated 03/06/2002 and recorded 03/06/2002 in Book 47, Page 428. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the in debtedness as and when due and in the manner provided in the Note and Se curity Deed. The debt remaining in de fault, this sale will be made for the pur pose of paying the same and all ex penses of this sale, as provided in Se curity Deed and by law, including attor neys fees (notice of intent to collect at torneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record supe rior 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: Bank of America, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1- 888-219-7773. 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 posses sion of the property is Helen F. Boone or a tenant or tenants and said property is more commonly known as 517 N Ma sonic St, Millen, Georgia 30442. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. BAC Home Loans Servicing, LP fka Legal Advertising Countrywide Home Loans Servicing LP. as Attorney in Fact for Helen F. Boone McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/pak 10/6/09 Our file no. 52384309-FT7 SE9,16,23,30c gpn11 -136A- NOTICE OF FORECLOSURE STATE OF GEORGIA COUNTY OF JENKINS WHEREAS, heretofore on February 1, 2000, HOWARD PAUL BURKE did deliver to THOMAS E. PROCTOR, a Deed to Secure Debt conveying the land described in Schedule oAo below; And, WHEREAS, said Deed to Secure Debt was executed to secure a Note of even date therewith between HOWARD PAUL BURKE to THOMAS E. PROC TOR in the original amount of $23,000.00, including any renewals thereof which was or would be evi denced by a Note or Notes, which is shown by said Deed to Secure Debt re corded in the Office of Clerk, Jenkins County Superior Court, in Deed Book 4J, Page316; And, WHEREAS, said Note was due and payable in monthly installments which are past due and THOMAS E. PROC TOR has elected to accelerate payment of said Note; and, WHEREAS, notice has been given as required by O.C.G.A. 44-14-162 through 44-14-163.4 (MICHIE 1982). NOW THEREFORE, according to the original terms of said Deed to Se cure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder for cash, the property de scribed in said Deed to Secure Debt from HOWARD PAUL BURKE to THOMAS E. PROCTOR, after proper advertisement, on the first Tuesday in October, 2009, to-wit: October 6, 2009, between the legal hours of sale before the courthouse door in Millen, Jenkins County, Georgia. Said sale will be sub ject to any outstanding prior Deeds to Secure Debt, Ad Valorem taxes, and the purchaser will be responsible for any Georgia Real Estate Transfer Tax. Pro ceeds from said sale will be used first, to pay the cost and expense of said sale; second, to pay the balance on the indebtedness mentioned above due by HOWARD PAUL BURKE, and third, to pay the surplus, if any, to the person or persons legally entitled thereto. Exhibit “A” All that tract or parcel of land situate ly ing and being in the 1639th G.M. Dis trict of Jenkins County, Georgia, con taining 1.893 acres, more or less, and is shown as parcel No. 2 on a plat of sur vey by Nevil Land Surveying, Inc., dated November 18, 2999, and by express ref erence incorporated herein for a more full, complete and accurate description hereof. Said tract being bounded on said plat on the North by Parcel No. 3 said plat; on the East by a public road; on the South by Parcel No. 1 said plat; and on the West by R.E. and Lorene E Pylant. Said plat is recorded in Plat Book , Page , of Records of Clerk Superior Court of Jenkins County, Georgia. This 28th day of August, 2009. By William H. McWhorter, Jr. Attorney for Thomas E. Proctor SHEPHERD, GARY & MCWHORTER, LLC Attorneys at Law P.O. Drawer 99 Swainsboro, Georgia 30401 (478) 237-7551 SE9,16,23,30c gpn11 -134A- STATE OF GEORGIA COUNTY OF JENKINS Default having been made under the terms of a Security Deed between SAMPSON MANIOR AND JANEVER MANIOR to FRANKLIN PROPERTIES OF GEORGIA, INC., a Georgia Corpo ration, recorded in the Office of the Clerk of Superior Court of Jenkins County, Georgia, in Deed Book 5-T, Pages 15-18, the said FRANKLIN PROPERTIES OF GEORGIA, INC. has declared the balance due and payable and, in exercise of the powers con tained in said security deed, will sell at public outcry to the highest bidder for cash on the first Tuesday in October 2009, to-wit: October 6, 2009, between the legal hours of sale before the court house door of Jenkins County, Georgia, the following described property to-wit: All those lots or parcels of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Jenkins, being known and designated as Tract A, Buckhead Place, containing 8.16 acres, more or less, as shown on a plat recorded in the Office of the Clerk of Superior Court of Jenkins County, Georgia, in Plat Book 16, Page Legal Advertising 212. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Said property is conveyed subject to any and all easements and restrictions of record. Map and Parcel No. 015 290 The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the in debtedness as and when due and in the manner provided in Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but are not yet due and payable), and matters which might be disclosed by an accu rate survey and inspection of property and assessments, lien encumbrances, zoning ordinances, restrictive cove nants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the parties in posses sion of the property are SAMPSON MANIOR AND JANEVER MANIOR, and to the best knowledge and belief of the undersigned, the property address is not known. Terms of the sale are to be cash, purchaser paying for papers, revenue stamps, as well as state and county tax es, and any assessments. This 7th day of August, 2009. SAMPSON MANIOR by and through his attorney in fact, FRANKLIN PROPERTIES OF GEORGIA, INC. JANEVER MANIOR by and through her attorney in fact, FRANKLIN PROPERTIES OF GEORGIA, INC. O. Franklin Askin, Jr., PC. Attorney at Law 29I3 Professional Parkway Augusta, Georgia 30907 (706) 860-9266 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. SE9,16,23,30c gpn11 -133A- STATE OF GEORGIA COUNTY OF JENKINS Default having been made under the terms of a Security Deed between HER BERT F. NOBLE to FRANKLIN PROP ERTIES OF GEORGIA, INC., a Geor gia Corporation, recorded in the Office of the Clerk of Superior Court of Jenkins County, Georgia, in Deed Book 5-H, Pages 211-214, the said FRANKLIN PROPERTIES OF GEORGIA, INC., has declared the balance due and pay able and, in exercise of the powers con tained in said security deed, will sell at public outcry to the highest bidder for cash on the first Tuesday in October 2009, to-wit: October 6, 2009, between the legal hours of sale before the court house door of Jenkins County, Georgia, the following described property to-wit: All those lots or parcels of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Jenkins, being known and designated as Lot 14, containing 4.0 acres, more or less, and Lot 15, con taining 4.0 acres, more or less, of Spen cer Way Estates, Phase IV, as shown on a plat recorded in the Office of the Clerk of Superior Court of Jenkins County, Georgia, in Plat Book 12, Page 213. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Said property is conveyed subject to any and all easements and restrictions of record. Map and Parcel No. 011 348 The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the in debtedness as and when due and in the manner provided in Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but are not yet due and payable), and matters which might be disclosed by an accu rate survey and inspection of property and assessments, lien encumbrances, zoning ordinances, restrictive cove nants, 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 posses sion of the property is IZUCB, INC., and Legal Advertising to the best knowledge and belief of the undersigned, the property address is not known. Terms of the sale are to be cash, purchaser paying for papers, revenue stamps, as well as state and county tax es, and any assessments. This 14th day of August, 2009. HERBERT F. NOBLE by and through his attorney in fact, FRANKLIN PROPERTIES OF GEORGIA, INC. O. Franklin Askin, Jr., PC. Attorney at Law 29I3 Professional Parkway Augusta, Georgia 30907 (706) 860-9266 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. SE9,16,23,30c qpn11 -132A- NOTICE OF SALE UNDER POWER GEORGIA, JENKINS COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Debra Dianne Havle to Mortgage Electronic Registration Systems, Inc., dated February 9, 2007, recorded in Deed Book 5Z, Page 444, Jenkins County, Georgia Records, as last trans ferred to Wells Fargo Bank, NA by as signment to be recorded in the Office of the Clerk of Superior Court of Jenkins County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of EIGHTY-NINE THOUSAND AND 0/100 DOLLARS ($89,000.00), 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 Jenkins County, Georgia within the legal hours of sale on the first Tues day in October, 2009, the following de scribed property: All that certain tract or parcel of land sit uate, lying and being the 1635th G.M. District of Jenkins County, Georgia, and in the City of Millen, located at he southwest intersection of Harvey Street and Plum Street, and being more par ticularly described as Parcel 1 on the plat prepared by L.B. Frye, Georgia Registered Land Surveyor No. 1107, which plat is dated August 14, 1971, is recorded in the Office of the Clerk of Superior Court of Jenkins County, Geor gia, in Plat Book 7, Folio 87, and is adopted herein and made a part of this description by reference. This tract is identified on Jenkins County Tax As sessor Map M08 as Parcel 080. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the in debtedness as and when due and in the manner provided in the Note and Se curity Deed. The debt remaining in de fault, this sale will be made for the pur pose of paying the same and all ex penses of this sale, as provided in Se curity Deed and by law, including attor neys fees (notice of intent to collect at torneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record supe rior 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 Mortgage, 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 posses sion of the property is Debra Dianne Havle or a tenant or tenants and said property is more commonly known as 437 Harvey Street, Millen, Georgia 30442. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, NA as Attorney in Fact for Debra Dianne Havle McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lgk 10/6/09 Our file no. 579308-FT5 SE9,16,23,30c gpnio -125A- IN THE JUVENILE COURT OF JENKINS COUNTY STATE OF GEORGIA IN THE MAHER OF: Reba Williams (F) DOB: 03/31/1992 Child under 18 years of age Case No: 082-09J-048 PETITION TO TERMINATE PAREN TAL RIGHTS AND PLACE CUSTODY WITH THE GEORGIA DEPT. OF HU MAN SERVICES, ACTING THROUGH THE JENKINS COUNTY DEPART MENT OF FAMILY AND CHILDREN SERVICES NOTICE OF SUMMONS TO: Lisa Williams, the mother and Johnny Williams, Sr., father, of a minor, female child born March 31, 1992, who is now the age of 17. You are hereby notified that the above styled action seeking to terminate your parental rights and place custody of said child with the Georgia Department of Human Services, acting through the Jenkins County Deaprtment of Family and Children Services, was filed in said Court on the 10th day of August, 2009, and that by reason of Order for Service by Publication entered by the Court on the 28th day of July, 2009, you are hereby commanded and required to file with the Clerk of said Court and serve upon Millard B. Shepherd, Jr., Special Assistant Attorney General, whose ad dress is P.O. Drawer 99, Swainsboro, GA 30401 an answer to the Petition within 60 (sixty) days of the date of the Order for Service by Publication. Copy of petition is attached to this summons or, if this summons is served by publi cation, can be obtained from the Clerk of this Court during business hours. Fi nal hearing in this matter is scheduled for 9:00 a.m. on the 6th day of October, 2009 in the Juvenile Courtroom, Jenkins County Courthouse, Millen, GA. This is a summons requiring you to be in Court. If you fail to come to Court as required, you may be held in Contempt of Court and punished accordingly. Now therefore, you the parties named above, are commanded to be and ap pear on the date(s) and time(s) stated herein and to remain in attendance from hour to hour, day to day, month to month, year to year, and time to time, as said case may be continued, and un til discharged by the Court, and you are commanded to lay any and all other business aside and to be and appear before the Juvenile Court of Jenkins County, Georgia, located in Millen, GA on the date(s) and time(s) specified in this summons, and you the said parent, guardian, or legal custodian are likewise hereby commanded to be and appear with the aforesaid child in said Court at the time(s) and the place(s) herein stat ed, each of you then and there to make defense thereto and to show cause why the said child and all parties named herein should not be dealt with accord ing to the provisions of the law. In ac cordance with O.C.G.A Sec. 15-11- 83(b) you are hereby notified that this proceeding and the hearing(s) specified herein is for the purpose of terminating your parental rights. READ CAREFULLY This summons requires you to be present at a formal hearing in the Juve nile Court. The child or other parties involved may be represented by a lawyer at all stages of these proceedings. If you want a lawyer, you may choose and hire your own lawyer. If you want to hire a lawyer, please contact your lawyer immediately. If you want a lawyer but are not able to hire a lawyer without undue financial hardship, you may ask for a lawyer to be appointed to represent you. The Court would inquire into your financial circumstances and if the Court finds you to be financially unable to hire a lawyer, then a lawyer will be appointed to rep resent you. If you want a lawyer appointed to represent you, you must let the Court or the officer of the Court handling this case know that you want a lawyer im mediately. WITNESS the Honorable Judge Woodrum, Judge of said Court. This 10th day of August, 2009. /sElizabeth T. Landing Clerk, Juvenile Court, Jenkins County, Georgia AU19,SE2,15,30c gpn09 -145A NOTICE OF GENERAL ELECTION FOR CITY OF MILLEN The General Election for the City of Mil len will be held on November 3, 2009, at City Hall. The position of Council Member Ward #1 (to succeed Walter Thomas) will be voted on at this time. Candidates for Council Member Ward #2 (to succeed Ivey McMillan) and Ward #3 (to succeed James Ford) were un opposed; therefore, no election will be held in these wards. The term for each office is four years, beginning January 1,2010. The Polls will open at 7 a.m. and close at 7 p.m. To be eligible to vote in this election you must be registered to vote in the City of Millen by Monday, October 5, 2009. Registered electors in the City of Millen may vote only for those candidates seeking election in their respective ward. In the case of a Run-off Election, the run-off will be held on December 1, 2009. For additional information contact Wan da Burke, Election Superintendent, at 982-5581. SE30c gpn08 -141A- IN THE SUPERIOR COURT OF JENKINS COUNTY STATE OF GEORGIA WENDY MIGUEL, Petitioner, vs. BULARMO MIGUEL, Respondent CIVIL ACTION FILE NO. 1J09DR059P NOTICE OF PUBLICATION By Order for Service by Publication dated the 8th day of September, 2009, you are hereby notified that on the 11th day of September, 2009, Wendy Miguel filed suit against you for Divorce. You are required to file with the Clerk of the Superior Court, and to serve upon Petitioner’s Attor ney, Susan A. Welch, 354 College Av enue, Millen, Georgia, 30442, an An swer to the Petition in writing, within six ty (60) days of the date of the Order for Publication. WHEREAS, the Honorable William E. Woodrum, Judge of this Superior Court. This the 11th day of September, 2009. /sElizabeth T. Landing Clerk Superior Court of Jenkins County, Georgia Ogeechee Judicial Circuit SE16,23,30,OC7c gpn07 -147A- NOTICE TO DEBTORS AND CREDITORS All creditors of the Estate of ROBERT EUGENE COX, late of Jenkins County, deceased, are hereby notified to render in their demands to the undersigned ac cording to law, and all persons indebted to said estate are required to make im mediate payment to the undersigned. This 22nd day of September, 2009 Mary Ellen Cox Executor 1510 Magnolia Church Road Perkins, GA 30822 SE30,OC7,14,21c qpn07 -143A- GEORGIA, JENKINS COUNTY All creditors of the Estate of PAT RICK H. JOHNSTON, JR., Deceased, late of Jenkins County, Georgia, are hereby notified to render in their de mands to the undersigned according to law, and all persons indebted to said es tate are required to make immediate payment to me. Dated this 11th day of September, 2009. Edrenelle W. Johnston Executor of the Estate of Patrick H. Johnston, Deceased 616 Cleveland Avenue Millen, Georgia 30442 R. H. Reeves, III Attorney at Law P. O. Box 690 Millen, Georgia 30442 Telephone: 478-982-5812 SE16,23,30,OC7c qpn07 -142A- GEORGIA, JENKINS COUNTY All creditors of the Estate of BAR BARA L. BOWERS, Deceased, late of Jenkins County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. Dated this 11th day of September, 2009. John Lanford Bowers Executor of the Estate of Barbara L. Bowers, Deceased 616 Plum Avenue Millen, Georgia 30442 R. H. Reeves, III Attorney at Law P. O. Box 690 Millen, Georgia 30442 Telephone: 478-982-5812 SE16,23,30,OC7c MORE LEGALS SEE NEXT PAGE