Newspaper Page Text
Page 8 — Wednesday, October 6,2010, The Millen News
Classifjed_^idiJAidisi,n.cj^S.e.ctjn.n.
SWAP AND
Call 706-554-2111 or 706-724-2122
Legal Advertising
Legal Advertising
Gpn 18
-90A-
NOTICE
PROBATE COURT OF JENKINS
COUNTY
RE: PETITION OF WARDELL G.
LEWIS a/k/a WADELL LEWIS TO
PROBATE IN SOLEMN FORM THE WILL
OF JOHN HENRY LEWIS, DECEASED,
UPON WHICH AN ORDER FOR
SERVICE WAS GRANTED BY THIS
COURT ON SEPTEMBER 13, 2010
To: Whom It May Concern, Any
Unknown Heir, Interested Parties, and Heirs
of said Decedent:
This is to notify you to file objection, if there
is any, to the above referenced petition, in this
Court on or before October 18, 2010.
BE NOTIFIED FURTHER: All objections
to the petition must be in writing, setting forth
the grounds of any such objections. All
pleadings/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 objections are
filed, the petition may be granted without a
hearing.
WANDA P. BURKE
PROBATE JUDGE
By: GAIL BOYD
CLERK OF THE PROBATE COURT
611 EAST WINTHROPE AVENUE
PO. BOX 904
MILLEN, GEORGIA 30442
478-982-5581
Sept. 22,29, Oct. 6,13c
gpn 11
-96A-
NOTICE OF SALE UNDER POWER
WHEREAS, on March 9, 1990, for value
received, Janice V. Tobie executed and
delivered to the United States of Ameri-ca,
acting through the United States Department
of Agriculture, a Deed to Secure Debt
conveying certain real estate located in Jenkins
County, Georgia, and said Deed to Secure
Debt was record-ed in the Office of the Clerk
of the Superior Court for Jenkins County,
Georgia, in Book # 3-B, Page# 789-792: and
WHEREAS, the United States of America
now holds the above described security deed
covering the said real estate; and
WHEREAS, the Deed to Secure Debt held
by the United States of America provides that
should default occur, the holder may declare
the entire indebtedness secured by the Deed
to Secure Debt due and payable and, in
compliance with the power of sale provisions
contained in said security deed proceed to sell
the property at public outcry; and
WHEREAS, after default, the United States
of America has declared all of the
indebtedness secured by the Deed to Secure
Debtdueand payable and hereby certifies that
it has complied with all of its loan servicing
regulations;
NOW, THEREFORE, the said United
States of America, acting as aforesaid, under
and in compliance with the power of sale
provision contained in the Deed to Secure
Debt, will proceed to sell at public outcry, for
cash or certified funds to the highest bidder in
front of the Courthouse in Jenkins County,
during the legal hours of sale, on the 2nd day
of November, 2010, the following-described
property conveyed in the Deed to Secure Debt,
to Wit:
All that certain lot or parcel of land lying and
being in the City of Millen, 1635th G.M. District
of Jenkins County, Georgia, and being
designated as Lot No. 4 of the Park Terrace
Subdivision, as shown by a plat of same
recorded in the Office of the Clerk of Superior
Court of Jenkins County, Georgia, in Plat book
5, page 52, which is hereby adopted and made
a part of this description, and being bounded
as follow: On the North by Lot No. 7 of said
subdivision; on the East by Lot No. 3 of said
subdivision; on the South by Harvey Avenue;
and on the West by Lot No. 5 of said subdivision.
The above described property will be sold
subject to any and all outstanding real estate
taxes that are due and payable.
The failure of any high bidder to pay the
purchase price and close the sale shall, at the
option of the United States of America, be
cause for rejection of the bid, and, if the bid is
rejected, the United States of America shall
have the option of making the sale to the next
highest bidder who is ready, willing and able
to comply with the terms thereof. The
proceeds of said sale will first be applied to the
payment of the indebtedness to the United
States of America, other charges, and the
expenses of sale, as provided in the above-
described Deed to Secure Debt.
This the 30th day of September, 2010.
UNITED STATES OF AMERICA
By/S/
Ronald L. Bolen
Chief, Default Management Branch
United States Department of Agriculture,
Rural Development
Oct. 6,13,20,27c
qpn 11
-100A-
STATE OF GEORGIA
COUNTY OF JENKINS
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the
indebtedness secured by a Security Deed
executed by James Birdwell and Lisa Birdwell
to Regions Mortgage, Inc. dated December
12, 2002, and recorded in Deed Book 4-Y,
Page 224, Jenkins County Records, securing
a Note in the original principal amount of
$148,000.00, the holder thereof pursuant to
said Deed and 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 November 2, 2010,
during the legal hours of sale, before the
Courthouse door in said County, sell at public
outcry to the highest bidder for cash, the
property described in said Deed, to-wit:
All that certain tract or parcel of land situate,
lying and being in the 1635th G.M. District of
Jenkins County, Georgia containing 1.27
acres, more or less, as shown on that plat of
survey prepared by Steve Bargeron &
Associates dated February 19,1997, revised
November 12, 1997, and revised November
19,1997, and recorded in the Office of the Clerk
of the Superior Court of Jenkins County
Georgia, in Plat Book 14, Page 162, which plat
and description are incorporated herein by
reference and made a part of this description.
This tract being bounded, now or formerly, as
follows: On the North by lands of William H.
Martin; on the East by county Road #70, n/k/a
Old Eighty Road; on the South by lands of
Millen Timber Co.; and on the West by an
unpaved road.
Said property is known as 3070 Old Eighty
Road, Millen, GA 30442, together with all
fixtures and personal property attached to and
constituting a part of said property, if any.
Said property will be sold subject to any
outstanding ad valorem taxes (including taxes
which are a lien, whether or not now 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.
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.
Notice has been given of intention to collect
attorney’s fees in accordance with the terms of
the Note secured by said Deed.
Said property will be sold as the property of
James Birdwell and Lisa Birdwell, the property
to the best information, knowledge and belief
of the undersigned, being presently in the
possession of James Birdwell aka Mike
Birdwell and Lisa Birdwell, and the proceeds
of said sale will be applied to the payment of
said indebtedness and all the expenses of said
sale, including attorney’s fees, all as provided
in said Deed, and the balance, if any, will be
distributed as provided by law.
Regions Bank DBA Regions Mortgage
successor by merger with Regions Mortgage,
Inc. as Attorney-in-Fact for James Birdwell aka
Mike Birdwell and Lisa Birdwell
File no. 10-008379
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770J220-2535/ASR
www.swertfeger.net
'THE LAW FIRM IS ACTING AS A DEBT
COLLECTOR. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
[FC-NOS]
Oct. 6,13,20,27c
gpn 11
-98A-
NOTICE OF SALE UNDER POWER
GEORGIA, JENKINS COUNTY
Because of default in the payment of the
indebtedness, secured by a Security Deed
executed by Joellen Edenfield and Tyron L.
Edenfield to Mortgage Electronic Registration
Systems, Inc. as nominee for 1st Choice
Mortgage/Equity Corp. of Lexington, its
successors and assigns dated December 22,
2005 in the amount of $63,500.00, and
recorded in Deed Book 5-R, Page 282,
Jenkins County, Georgia Records; as last
transferred to The Bank of New York Mellon
Trust Company, National Association fka The
Bank of New York Trust Company, N.A. as
successor to JPMorgan Chase Bank N.A. as
Trustee for RASC 2004KS11 by assignment;
the undersigned, The Bank of New York
Mellon Trust Company, National Association
fka The Bank of New York Trust Company
N.A. as successor to JPMorgan Chase Bank
N.A. as Trustee for RASC 2004KS11
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 November,
2010 , 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 certain tract or parcel of land, lying
and being in the 1635th G.M. District of Jenkins
County, Georgia, and in the City of Millen,
containing 0.51 acres, more or less, and being
known as Lot 7 and Lot 8 of Mulkey
Subdivision, Part 2, according to the survey
thereof dated May 11,1994, prepared by Troy
Smith, Georgia Registered Land Surveyor
No. 2459, being recorded in the Office of the
Clerk of Superior Court of Jenkins County
Georgia, in Plat Book 13, Page 75, which plat
and description are incorporated herein and
made a part of this description.
The above described property is identified
on Jenkins County Tax Assessor Map M03 as
Parcel 024 (Lot 8) and Map M03 as Parcel
025 (Lot 9).
The above described property is the same
as conveyed to Kermit Cary Cooper under
Warranty deed dated May 16, 1994, which
deed is recorded in Deed Book 3M, Page 586
in the Office of the Clerk of Superior Court of
Jenkins County, Georgia.
which has the property address of 623
Morningside Circle, Millen, Georgia.,
together with all fixtures and other personal
property conveyed by said deed.
The sale will be held subject to any unpaid
taxes, assessments, rights-of-way, easements,
protective covenants or restrictions, liens, and
Legal Advertising
other superior matters of record which may
affect said property.
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.
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 property of
Joellen Edenfield and Tyron L. Edenfield and
the proceeds of said sale will be applied to the
payment of said indebtedness, 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.
The Bank of New York Mellon Trust
Company, National Association fka The Bank
of New York Trust Company, N.A. as
successor to JPMorgan Chase Bank N.A. as
Trustee for RASC 2004KS11
Attorney in Fact for
Joellen Edenfield and Tyron L. Edenfield
Anthony DeMarlo, Attorney/krider
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-19077 /CONV
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR AND IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
Oct. 6,13,20,27c
gpn 11
-101A-
NOTICE OF SALE UNDER POWER
GEORGIA, JENKINS COUNTY
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING 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 Lindsey
Steele to Mortgage Electronic Registration
Systems, Inc., dated July 11,2003, recorded in
Deed Book 5-C, Page 244, Jenkins County
Georgia Records, as last transferred to BAC
Home Loans Servicing, LP fka Countrywide
Home Loans Servicing, L.P by assignment
recorded in Deed Book 65, Page 317, Jenkins
County, Georgia Records,conveying the after-
described property to secure a Note in the
original principal amount of EIGHTY-SEVEN
THOUSAND FOUR HUNDRED AND 0/100
DOLLARS ($87,400.00), 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
Tuesday in November, 2010, the following
described property:
SEE EXHIBIT “A" ATTACHED HERETO
AND MADE A PART HEREOF 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 indebtedness as and when due and in the
manner provided in the 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 Security Deed and by law, including
attorney's fees (notice of intent to collect
attorney's 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
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. The entity that has full
authority to negotiate, amend, and modify all
terms of the mortgage with the debtor is: Bank
of America, 177 Countrywide Way Mail Stop:
CAO-911 -01-05, Lancaster, CA 93536, (661)
951-5722.
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 Lindsey Steele or a tenant or tenants
and said property is more commonly known
as 4829 Hodges Court, 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 Countrywide Home
Loans Servicing, L.P.
as Attorney in Fact
for Lindsey Steele
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/axh 11/2/10 Our file no. 52132810-FT14
EXHIBIT “A” All that tract or parcel of land
situate, lying and being in the 1640th G.M.D.,
State of Georgia, County of Jenkins, and being
known and designated as Lot 7 of Phase II,
Spencer Way Estates Subdivision and being
shown on a plat thereof recorded in the Office
of the Clerk of Superior Court, Jenkins County
Georgia, in Plat Book 12, Page 185; reference
being made to said plat for a more complete
and accurate description as to metes, bounds,
and location of said property. Said tract is
bounded, according to said plat, as follows:
On the Northeast by Lot #6 of said Phase 11 of
said subdivision; Southeast by lands now or
formerly of John T. Newton; on the Southwest
by Lot #8 of said phase and subdivision; and
on the Northwest by the right-of-way of Hodges
Court as shown on said plat. Subject to those
restrictive covenants filed in Jenkins County
Records in Book 4G at pages 519-522 Said
tract is further identified as Parcel 231 on Map
Legal Advertising
011 located in the office of the Tax Assessor of
Jenkins County, Georgia. MR/axh 11/2/10 Our
file no. 52132810 -FT14
Oct. 6,13,20,27c
gpn 18
-97 A-
NOTICE
For Discharge from Office and all Liability
PROBATE COURT OF JENKINS
COUNTY
RE: PETITION OF JOHN LANFORD
BOWERS FOR DISCHARGE AS
EXECUTOR OF THE ESTATE OF
BARBARA L. BOWERS, DECEASED.
TO: All and the beneficiaries underthe will
and to whom it may concern:
This is to notify you to file objection, if there
is any, to the above referenced petition, in this
Court on or before October 18, 2010.
BE NOTIFIED FURTHER: All objections
to the petition must be in writing, setting forth
the grounds of any such objections. All
pleadings/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 objections are
filed, the petition may be granted without a
hearing.
WANDA P. BURKE
PROBATE JUDGE
By: GAIL BOYD
PROBATE CLERK
P.O. BOX 904
611 EAST WTINTHROPE AVENUE
MILLEN, GEORGIA 30442
Oct. 6c
gpn 11
-99A-
NOTICE OF SALE UNDER
POWER OF DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF JENKINS
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt from
Evans Construction Co. to First Southern
National Bank dated July 24,2007, and being
recorded in Deed Book 5-0, pages 805-808,
Jenkins County, Georgia Records, given to
secure a Note dated August 10, 2005 in the
original amount of $66,845.00, and any and
all renewals, extensions, or modifications, or
any other indebtedness owed to First Southern
National Bank, the undersigned will sell, at
public outcry, to the highest bidder for cash
before the door of the Courthouse of Jenkins
County, Georgia, during the legal hours of sale
on the first Tuesday in November, 2010, the
following described property, to-wit:
All that certain tract or parcel of land lying
and being in the 1635th G.M. District of Jenkins
County, City of Millen, Georgia, containing 4.1
acres more or less, designated as Parcel “C”
according to a plat prepared by Lamar O.
Reddick, dated May 28, 1999 and revised
August 20, 1999 which Parcel “C” and
recorded in Plat Book 12, page 192, Jenkins
County, Georgia Records and being described
as follows:
COMMENCING at one-half inch iron pipe
found (1 /21PF) at the intersection of the western
right of way of U.S. Highway No. 25(100' R/
W) and the northern right of way of Franklin
Avenue (50’ R/W); THENCE along the
northern right of way of Franklin Avenue North
64° 29’ 24" West for a distance of 204.71 feet
a ground rod set (GRS) which is the POINT
OF BEGINNING.
BEGINNING as said ground rod set (GRS)
on the northern right of way of Franklin Avenue;
THENCE along the northern right of way of
Franklin Avenue, North 64° 29’ 24" West for a
distance of 206.52 feet to a ground rod found
(GRF), THENCE North 25° 26’ 00" East for a
distance of 40.62 feet to a rebar found (RBF);
THENCE North 64° 36' 41" West for a
distance of 40.00 feet to a rebar found (RBF);
THENCE South 25° 21’ 06" West for a
distance of 40.52 feet to a ground rod found
(GRF); THENCE North 64° 28’ 33" West for
a distance of 260.08 feet to a three-quarter inch
iron pipe found (3/4" IPF) which point is located
26.50 feet from the property line which is the
run of Little Buckhead Creek; THENCE along
the run of Little Buckhead Creek located by a
traverse line of North 26° 34’ 49" East for a
distance of 94.78 feet to a point; THENCE
along the run of Little Buckhead Creek located
by a traverse line of North 80° 4T 44" East for
a distance of 250.26 feet to a point; THENCE
along the run of Little Buckhead Creek located
by a traverse line of North 1 1 0 52' 25" East for
a distance of 157.72 feet to a point; THENCE
along the run of Little Buckhead Creek located
by a traverse line of North 58° 11'38" East for
a distance of 113.26 feet to a point; THENCE
along the run of Little Buckhead Creek located
by a traverse line of South 59° 39’ 34" East for
a distance of 117.86 feet to a ground rod set
(GRS) which point is on a 24.39 feet offset from
the property line which is the run of Little
Buckhead Creek; THENCE South 12° 05’ 36"
East for a distance of 237.82 feet to a ground
rod set (GRS); THENCE South 07° 01’ 59"
West for a distance of 106.44 feet to a ground
rod set (GRS); THENCE South 39° 33’ 54"
West for a distance of 79.42 feet to a ground
rod set (GRS); THENCE South 26° 22’ 59"
West for a distance of 110.00 feet to a ground
rod set (GRS) which is the POINT OF
BEGINNING.
Said parcel being bounded as follows:
NORTH by land now or formerly of Jockey
International; EAST by Parcel “A” and Parcel
“B”, lands of LAGK, LLC; SOUTH by the
northern right of way of Franklin Avenue, the
City of Millen and lands now or formerly of
Beatrice Franklin; and WEST by land now or
formerly Jockey International.
Subject, to easements of record and those
which may be evidenced by use and to that
certain sewage and maintenance agreement
Legal Advertising
between LAGK, LLC and Dereck B.
Herrmann and Jerry L. Dailey dated
December 13, 2001 and recorded in said
Clerk's Office in Deed Book 4-S, page 267.
Subject to a 20’ sewer easement which
runs along the southern boundary line of the
above referenced property and a 6’ sanitary
sewer easement which runs across the above
referenced property as shown on the above-
referenced plat.
Also conveyed subject to any and all
easements of record and not shown on the
above- referenced plat.
This being the same property conveyed
from LAGK, LLC to Dereck B. Herrmann and
Jerry L. Dailey by deed dated December 13,
2001 and recorded in the Office of the Clerk of
the Superior Court of Jenkins County, Georgia
in Deed Book 4-S, page 264, which was
foreclosed by First Southern National Bank.
The Deed Under Power of Sale is recorded
in Deed Book 57, page 324, Jenkins County
Georgia records.
The indebtedness secured by said Deed to
Secure Debt has been and is hereby declared
due and payable in full by reason of default
under the provisions of said Deed to Secure
Debt and the terms of the Note secured
thereby and sale will be made for the purpose
of applying the proceeds thereof to the payment
of the indebtedness and interest thereon,
attorney’s fees and expenses of sale, and the
balance, if any, shall be applied as provided by
law.
To the best knowledge and belief of the
Lender, said property will be sold as the
property of Evans Construction Co. and is
being sold subject to any and all liens superior
to this lien, outstanding ad valorem taxes,
easements, and restrictions against the
property if any.
The undersigned will execute a deed to the
purchaser as authorized by the
aforementioned Deed to Secure Debt.
This 27th day of September, 2010.
FRANKLIN, TAULBEE, RUSHING,
SNIPES & MARSH, LLC
BY: W. KEITH MCGOWAN
Attorney-in-Fact for
First Southern National Bank
12 SIEBALD STREET
POST OFFICE BOX 327
STATESBORO, GEORGIA 30459
(912) 764-9055
This law firm is acting as a debt collector and
attempting to collect the debt. Any information
obtained will be used for that purpose.
Oct. 6,13,20,27c
gpn 11
-96A-
NOTICE OF SALE UNDER POWER
WHEREAS, on March 9, 1990, for value
received, Janice V. Tobie executed and
delivered to the United States of Ameri-ca,
acting through the United States Department
of Agriculture, a Deed to Secure Debt
conveying certain real estate located in Jenkins
County, Georgia, and said Deed to Secure
Debt was record-ed in the Office of the Clerk
of the Superior Court for Jenkins County
Georgia, in Book # 3-B, Page# 789-792; and
WHEREAS, the United States of America now
holds the above described security deed
covering the said real estate; and
WHEREAS, the Deed to Secure Debt held
by the United States of America provides that
should default occur, the holder may declare
the entire indebtedness secured by the Deed
to Secure Debt due and payable and, in
compliance with the power of sale provisions
contained in said security deed proceed to sell
the property at public outcry; and
WHEREAS, after default, the United States
of America has declared all of the
indebtedness secured by the Deed to Secure
Debt due and payable and hereby certifies that
it has complied with all of its loan servicing
regulations;
NOW, THEREFORE, the said United
States of America, acting as aforesaid, under
and in compliance with the power of sale
provision contained in the Deed to Secure
Debt, will proceed to sell at public outcry, for
cash or certified funds to the highest bidder in
front of the Courthouse in Jenkins County
during the legal hours of sale, on the 2nd day
of November, 2010, the following-described
property conveyed in the Deed to Secure Debt,
to Wit:
All that certain lot or parcel of land lying and
being in the City of Millen, 1635th G.M. District
of Jenkins County, Georgia, and being
designated as Lot No. 4 of the Park Terrace
Subdivision, as shown by a plat of same
recorded in the Office of the Clerk of Superior
Court of Jenkins County Georgia, in Plat book
5, page 52, which is hereby adopted and made
a part of this description, and being bounded
as follow: On the North by Lot No. 7 of said
subdivision; on the East by Lot No. 3 of said
subdivision; on the South by Harvey Avenue;
and on the West by Lot No. 5 of said subdivision.
The above described property will be sold
subject to any and all outstanding real estate
taxes that are due and payable.
The failure of any high bidder to pay the
purchase price and close the sale shall, at the
option of the United States of America, be
cause for rejection of the bid, and, if the bid is
rejected, the United States of America shall
have the option of making the sale to the next
highest bidder who is ready, willing and able
to comply with the terms thereof.
The proceeds of said sale will first be
applied to the payment of the indebtedness to
the United States of America, other charges,
and the expenses of sale, as provided in the
above-described Deed to Secure Debt.
This the 30th day of September, 2010.
UNITED STATES OF AMERICA
ByS /
Ronald L. Bolen
, Default Management Branch
United States Department of Agriculture,
Rural Development
Oct. 6,13,20,27c
Legal Advertising
qpn 11
-102A-
STATE OF GEORGIA
COUNTY OF JENKINS
NOTICE OF SALE UNDER POWER
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
Under and by virtue of the Power of Sale
contained in that certain Deed to Secure Debt
given by Magnolia Country Club, Inc., a
Georgia corporation, to Queensborough
National Bank and Trust Company, dated
November 3, 2008, recorded in Deed Book
6-J, Page 644, Jenkins County, Georgia
records, as modified by that certain
Modification Agreement dated May 8, 2009,
recorded in Deed Book 6-M, page 507,
aforesaid records, and as further modified by
that certain Modification Agreement dated
June 11,2010, recorded in Deed Book 6-R,
Page 422, aforesaid records (as modified, the
“Security Deed”), conveying the after-
described property to secure (i) that certain
renewal Promissory Note dated May 8,2009
in the original principal amount of EIGHTY-
SEVEN THOUSAND SIX HUNDRED
FIFTY AND 00/100 DOLLARS ($87,650.00),
with interest thereon as set forth therein, and
(ii) that certain Promissory Note dated June
11, 2010 in the original principal amount of
TWENTY THOUSAND ONE HUNDRED
FIFTY AND 00/100 DOLLARS ($20,150.00),
with interest thereon as set forth therein
(collectively the “Notes”), 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 Tuesday in November, being November
2, 2010, the following property:
ALL that certain tract or parcel of land lying
and being in the 1635th G.M. District of Jenkins
County, Georgia, containing 47.80 acres, more
or less, and being designated as Lot #3 in that
subdivision plat of the former W.E. Alwood
Place (of which it is a part), which plat was
made for A.S. Newton by Jack B. Roberts,
Surveyor, in November, 1946, and is recorded
in Plat Book 3, Page 133, 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. Said tract is bounded, now or
formerly as follows: on the North by Lot #1 of
said subdivision as shown on the
aforementioned survey; on the East by Lot #2
of said subdivision as shown on the
aforementioned survey; on the South by Lot
#2 of said subdivision as shown on the
aforementioned survey; and on the West by
the Millen-Waynesboro Highway (U.S. #25).
LESS & EXCEPT: All that tract or parcel of
land lying and being in the 1635th G.M. District
of Jenkins County Georgia, containing 1.008
acres, more or less, and being the same
property conveyed to Georgia Department of
Transportation under Right of Way Deed
dated October 30,2001, and recorded in Deed
Book 4R, Pages 434-440.
The above described property is identified
on Jenkins County Tax Assessor Map 015 as
Parcel 071.
Together with all buildings, structures,
improvements and fixtures attached thereto
or located thereon and used in the operation
thereof.
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
accurate survey and inspection of the property,
any assessments, liens, encumbrances,
zoning ordinances, restrictions, covenants, and
matters of record superior to the Security Deed.
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 indebtedness as and when
due and in the manner provided in the Note
and Security Deed. The debt remaining in
default, this sale will be madeforthe purpose
of paying the same and all expenses of this
sale, as provided in the Security Deed and by
law, including attorneys’ fees (notice of intent
to collect attorneys’ fees having been given).
Said property will be sold as the property of
Magnolia Country Club, Inc., and to the best
knowledge and belief of the undersigned, the
party in possession of the property is Magnolia
Country Club, Inc. or its tenants.
The proceeds of said sale will be applied to
the payment of said indebtedness and all the
expenses of said sale, including attorneys’ fees,
all as provided in said Security Deed, and the
balance, if any, will be distributed as provided
by law.
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.
MAGNOLIA COUNTRY CLUB, INC.,
by ITS attorney in fact,
QUEENSBOROUGH NATIONAL BANK
AND TRUST COMPANY
By: its attorney-at-law
/Robert L.McCorkle, III/
Robert L. McCorkle, III, Esq.
McCorkle & Johnson, LLP
319 Tattnall Street
Savannah, Georgia 31401
Telephone: 912-232-6000
Facsimile: 912-232-7060
Email: rlm@mccorklejohnson.com
Website: www.mccorklejohnson.com
Oct. 6,13,20,27c
See Legals,
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