Houston times-journal. (Perry, Ga.) 1994-1999, April 27, 1994, Page Page 6B, Image 16

Below is the OCR text representation for this newspapers page.

Legals GEORGIA, HOUSTON COUNTY: Undersigned will sell before the Courthouse door in Houston County, Georgia between the legal hours of sale on the first Tuesday in May, 1994, to the highest bidder for cash the following. All that tract or parcel of land situate, lying and being in Land Lot 172 of the Fifth (sth) Land District of Houston county, Georgia, being known and designated as Lot 9, Block “D", Phase 111, Miller Hills Estates Addtton Subdivision, according to a plat of said subdivision of record in Plat Book 22, Page 229 and a plat of said lot which is of record in Rat Book 18, Page 101, Clerk’s Office, Houston Superior Court. Said plat and the record thereof are incorporated herein by reference for all purposes. Said sale will be conducted and a deed executed to the purchaser pursuant to the powers contained in the deed to secure debt from Richard F. Hull and Sherrill F. Hull to Bank South Houston County, N.A. dated October 1, 1990 and recorded in Deed Book 896, Page 105, Clerk’s Office, Houston Superior Court and a deed to secure debt from Richard F„ Hull and Sherrill F. Hull to Bank South, N. A. dated May 17,1993 and recorded in Deed Book 1026, Page 15, Clerk’s Office, Houston Superior Court as modified by agreement dated May 17,1993 and recorded in Deed Book 1033, Page 290, Clerk's Office Houston superior Court. The deeds to secure de toriginally secured a promissory note dated May 17, 1993 in the original principal amount of $34,392.28 repayable in 83 monthly installments of $560.00 and a final payment on May 25,2000 of unpaid principal and interest. Bank South Houston County, N.A. has been merged into Bank South N.A. has been merged into Bank South, N.A., with Bank South, N.A. as the surviving bank. Bank South, N.A. is the owner and holder of said note and of the deeds to secure debt which secure the same. The said Richard F. Hull and Sherrill F. Hull have defaulted by failing to pay the monthly installments due on said note and said deeds to secure debt and in accordance with the provisions of said note and said deeds to secure debt, the undersigned has exercised its option to declare the remainder of the debt due and collectible, and the powerof sale contained in the deed to secure debt has become operative. The said Richard F. Hull and Sherrill F. Hull as being notified in writing that the provisions in said note relative to the payment of attorney’s fees will be enforced. They have also been notified of the initiation of the proceedings to exercise the power of sale contained in the deeds to secure debt by mailing a copy of the notice of sale submitted to the newspaper publisher by certified mail, return receipt requested, as required by O.C.G.A. 44-14-162.1, et seq. Said sale will be conducted subject to the priordeed to secure debt from Michael J. Long to First Federal Savings and Loan Association of Warner Robins dated August 22,1975 and recorded in Deed Book 461, Page 549, Clerk’s Office, Houston Superior Court which has been transferred to CB&T Bank of Middle Georgia by Assignment dated January 16,1991 which is recorded in Deed Book 920, Page 22, Clerk’s Office, Houston Superior Court, any unpaid ad valorem taxes, all easements and restrictions of record, the rights of any parties in possession of the property and all other instalments of record prior to the deeds to secure debt which may affect the title to said property. The property is being foreclosed as the property of Richard F. Hull and Sherrill F. Hull, to the best of the knowledge of undersigned, the present owner of the property. BANK SOUTH, N.A. (SUCCESSOR BY MERGER TO BANK SOUTH HOUSTON COUNTY, N.A.) AS Attomey-in-Fact for Richard F. Hull and Sherrill F. Hull By: Edward J. Harrell Attorney for Bank South N.A. P.O. Box 1606 Macon, Georgia 31202-1606 4-103 4/6-4/27 IN THE SUPERIOR COURT OF HOUSTON COUNTY STATE OF GEORGIA JERRY W. DILLINGER, Plaintiff POLLY ANN DILLINGER, Defendant Civil Action No. 94-V-49827-N NOTICE OF PUBLICATION By Order for service by publication dated the 31 st day of March, 1994,youare hereby notified that on the 31st day of March, 1994, Jerry W. Dillinger filed suit against you for Divorce. You are requi red to file with the Clerk of the Superior Court and to serve upon plaintiffs attorney, Arthur H. Clarke, Jr. 108 Olympia Driver, Warner Robins, GA 31093 an Answer in writing withing sixty (60) days of the date of the order for publication. WITNESS, the Honorable George F. Nunn, Jr. and L. A. McConnel, Jr., Judges of this Superior Court. This the 31st day of March, 1994. Terri L. Childers Deputy Clerk, Houst Superior Court 4-104 4/6-4/27 NOTICE OF SALE GEORGIA, HOUSTON COUNTY By virtue of Power of Sale contained in Security Deed from Delores E. Muilis, Individually and as Guardian of Julian J. Muilis, to the City of Warner Robins dated February 6, 1991, recorded February 14, 1991, in Deed 800k907, Page 38, Houston County Records; said Security Deed being given to secure a Note in the original principal amount of Fourteen Thousand Six Hundred Fifty and NO/100 Dollars (14,650.00), with interest from date as stated therein; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Houston County, Georgia, within the legal hours of sale on the First Tuesday in May, 1994, the following described property: All that tract or parcel of land situate, lying and being in Land Lot 200 of the Fifth (Sth) Land District of Houston County, Georgia, which is known and designated as Lot 1, Block “P", Warner Robins Manor Subdivision, according to a plat of said subdivision which is or record in Plat Book 2, Page 14, Clerk's Office, Houston Superior Court The said recorded plat is incorporated herein by reference for all purposes. Thedebt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses on this sale, including attorney*s fees. Said property will be sold subject to any outstanding ad valorem taxes, special assessments, unpaid utility billsconstituting liens against the property, and all security deeds, Hens and encumbrances existing when the above-described security deed was filed for record. To the best of the undersigned 1 s knowledge, information and belief, equitable title to this property is held Delores E. Muilis. City of Warner Robins as attomey-in factfor Delores E. Muilis, Individually and as Guardian of Julian J. Muilis James E. Elliott, Jr. City Attorney P.O. Box 1488 Warner Robins, Georgia 31099 4-106 4/6-4/27 NOTICE OF SALE Becauseofthe default in paymentof the indebtedness secured by a deed to secure debt executed by Billy Joe Scott to The Pulaski Banking Company dated November 8,1989, and recorded in Deed Book 861, Pages 531-535, Clerk’s Office, Houston Superior Court, the undersigned, The Pulaski Banking Company, pursuant to the Power of sale contained in said security deed will, on the 1 st Tuesday in May, 1994, during the legal hours of sale, at the Courthouse door in Perry, Houston, County, Georgia, sell at public outcry to the highest and best bidder for cash, the property described in said deed, to-wit: SCHEDULE “A" TRACT I: All that tract or parcel of land lying and being in Land Lot 16 of the 12th Land District of Houston County, Georgia, and being designated as Parcel B-2, consisting of 6.762 acres, as shown on a Rat of Survey prepared by Richard L. Jones, Surveyor, dated January 6,1978, a copy of said survey recorded in Map Book 23, page 211, Clerk’s Office, Houston County Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. Said property is located on both sides of Chicken Road and is a portion of that property conveyed from Robert Thomas to Ethel Lee Phillips by warranty deed dated July 10, 1979, and recorded in Deed Book 554, page 302, Clerk’s Office, Houston Superior Court and is also a portion of the same property, a life estate to which was conveyed from Ethel Lee Phillips to Annie D. Thomas by deed dated August 22,1979, and recorded in Deed Book 557, pages 463, Clerk's Office, Houston County Superior Court. Being the identical property as that conveyed in that certain warranty deed from Ethel Lee Phillips and Annie D. Thomas to Billy Joe Scott dated January 27,1981, and of record in Deed Book 587, at page 343, Clerk’s Office, Houston County Superior Court. Said property is conveyed subject to the right of way of Chicken Road. TRACT II: A five (5) acre tract lying and being in Land Lot 16 of the 12th Land District Houston County, Georgia, and being the northerly 330 feet of Parcel “B-1” as more fully shown on a plat of survey for Billy Joe Scott by Richard L. Jones, Surveyor, dated January 6, 1978, a copy of which is recorded in Map Book 20, page 281, in the Clerk’s Office, Houston Superior Court. Also included in this conveyance is a 65 foot easement for the purpose of ingress and egress over and upon the property of Robert Thomas as shown on said plat. Said easement being shown on the above referenced plat and being an appurtenant easement. The property herein described lies immediately adjacent to and southerly of Parcel “A” and shown on said plat and is subject to a fifteen (15) foot AT&T underground cable easement. Being the identical property as that conveyed in that certain warranty deed from Robert Thomas to Billy Joe Scott dated May 11,1979, and of reco rd in Deed Book 550, at page 500, Clerk’s Office, Houston County Superior Court. TRACT III: All that tract or parcel of land lying and being in Land Lot 16 of the 12th Land District, Houston County, Georgia, and being 12.00 acres known and designated as Parcel ‘‘A” as is more fully shown on a plat of survey for Billy Joe Scott by Richard L. Jones, Surveyor, dated March 13,1978, acopy of which is recorded in Plat Book 21, page 62, Clerk’s Office, Houston County Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. Being the identical property as that conveyed in that certain warranty deed from Virginia Lawson Phillips and Willie Henry Lawson to Billy Joe Scott dated April 18, 1978, and of record in Deed Book 524, at page 393, Clerk’s Office, Houston County Superior Court. TRACT IV” All that tract or parcel of land lying and being in Land Lot 27 of the 12th Land District, Houston County, Georgia, and being 20.178 acres known and designated as Parcel “B” as is more fully shown on a plat of survey for Billy Joe Scott by Richard L. Jones, dated March 14, 1978, a copy of which is recorded in Plat Book 21, page 61, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated therein by reference for all purposes. Being the identical properly as that conveyed in that certain warranty deed from Virginia Lawson Phillips and Willie Henry Lawson to Billy Joe Scott dated April 18, 1978, and of record in Deed Book 524, at page 393, Clerk’s Office, Houston County Superior Court. TRACT V: All that tract or parcel of land lying and being in Land Lot 16 of the 12th Land District of Houston County, Georgia, and being thirty-two (32) acres, more or less. Said property is more fully described by a plat of survey prepared by Richard L. Jones, Surveyor, dated January 6, 1978, and recorded in Map Book 20, page 281, Clerk’s Office, Houston County Superior Court. Also included in this conveyance is a 65 foot easement for purposes of ingress and egress over and upon the property of Robert Thomas, said easement being shown on the above-referenced plat and being an appurtenant easement. Being the same property as that described in that certain warranty deed from Robert Thomas to Billy Joe Scott dated March 3,1978, and of record in Deed book 520, at page 463, Clerk’s Office, Houston County Superior Court. Said property will be sold subject to the accrued and/or outstanding ad valorem taxes, if any. A deed will be made by the undersigned to the purchaser at said sale as attorneys in fact for said Billy Joe Scott with the proceeds of said sale to be applied as provided in said deed to secure debt. THE PULASKI BANKING COMPANY AS ATTORNEYS-IN-FACT FOR BILLY JOE SCOTT GENELLEJENNINGS&ASSOCIATES, P.C. 308 BROAD STREET P. O. BOX 750 HAWKINSVILLE, GA 31036 (912) 783-2825 4-107 4/6-4/27 GEORGIA HOUSTON COUNTY All creditors of the estate of Jeweli Turner, deceased, late of Houston County, 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 immed;ate payment to me. Russell Bradley Turner Executor of deGeased 4-109 4/6-4/27 GEORGIA HOUSTON COUNTY All creditors of the estate of Sarah Ruth Turner, deceased, late of Houston County, are hereby notified to render in their demands to the undersigned according to law, persons indebted to said estate are required to make immediate payment tO me. Russell Bradley Turner Executor of deceased 4-110 4/6-4/27 GEORGIA HOUSTON COUNTY All creditors of the estate of Luther D. Dawson, Jr., deceased, late of Houston C.ounty, are hereby notified to render In thelrdemands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. Marion Y. Dawson Executrix of deceased 4-111 4/6-4/27 GEORGIA, HOUSTON COUNTY NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed given by Craig L. NeSmith to First Federal Savings & Loan Association of Wamerßobins, dated April 20,1989, recorded in Deed Book 840, Page 500, Houston County, Georgia Records, as last transferred to Real Estate Financing, Inc. by assignment dated April 20, 1989, reoorded in Deed Book 840, Page 506, Houston County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY THOUSAND THREE HUNDRED NINETY NINE & NO/ 100 DOLLARS ($50,399.00), with interest therein as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Houston County, Georgia, within the legal hours of sale on the first Tuesday in May, 1994. the following described property: EXHIBIT “A” All that tract or parcel of land situate, lying and being in Land Lot 136 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 1, Block “D”, Section No. 1, Phase No. 1, of a subdivision known as Fieldstone, as shown on a plat of survey prepared by Waddle & Co., dated Novemberß,l972, recorded in Map Book 16, Page 296, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. The above described property is conveyed subject to Restrictive Covenants appearing of record in Deed Book 426, Pages 692-697, Clerk’s Office, Houston Superior Court; also conveyed subject to easements for drainage and utility purposes over upon and across the easterly and southerly ten (10) feet of said property as shown on the aforesaid recorded plat of survey. Also Includes: Range/oven, Fan/hood, Disposal and Dishwasher. 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 the Security Deed and by law, including attorney's fees (notioe of intent to oollect 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Craig L. NeSmith or a tenant or tenants and said property is more oommonly known as 302 Scarborough Road, Warner Robins, GA 31093. Real Estate Financing, Inc. as Attorney in Fact for Craig L. NeSmith S. H. MoCalla McCalla, Raymer, Padrick, Cobb, Nichols & Clark 56 Perimeter Center East, N.E., Fifth Floor Atlanta, Georgia 30346 (404)-729-8875 SHM/mdd 5/3/94 Our file no. J 6477-1-12298 4-113 4/6-4/27 GEORGIA, HOUSTON COUNTY NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed given by Ronald Jack Williams and Cheryl L. Bowen to Rite-Way Quality Homes, Inc., dated December3,l9B6, recorded in Deed Book 746, Page 487, Houston County, Georgia Records, as last transferred to State Street Bank and Trust Company as Trustee for Goldome Credit Corporation by assignment to be recorded in the Office of the Clerk of the Superior Court of Houston County, Georgia, conveying the after-described property to secure a Note in the original principal amount of FORTY SEVEN TH W SAND SIX HUNDRED & NO/100 DOLLARS ($47,600.00), 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 Houston County, Georgia, within the legal hours of sale on the first Tuesday in May, 1994, the following described property: EXHIBIT “A" All that tract or parcel of land, lying and being in Land Lot 149 of the Fifth (sth) Land District of Houston County, Georgia, being known and designated as Lot 58 of Mason Subdivision, according to that certain plat of survey prepared by Brent Cunningham, G.R.L.S. Number 2097, dated November 10, 1986, and filed of record in Plat Book 31, page 137, Clerk’s Office, Houston Houston Times-Journal Page 6B Superior Court. Said plat and the recorded copy thereof, including the metes, boundaries, courses, distances, and dimensions are incorporated herein by reference thereto. 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 the 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Ronald Jack Williamsand Cheryl L. Bowen or a tenant or tenants and said property is more commonly known as 821 East Side Drive, Warner Robins, GA31093. State Street Bank and Trust Company as Trustee for Goldome Credit Corporation as Attorney in Fact for Ronald Jack Williams and Cheryl L. Bowen S. H. McCalla McCalla, Raymer, Padrick, Cobb, Nichols & Clark 56 Perimeter Center East, N.E., Fifth Floor Atlanta, Georgia 30346 (404)-729-8875 SHM/njm 5/ 3/94 Our file no. 3-J3333-11514 4-114 4/6-4/27 Effective Mav 1. 1994 the following . _.. - - —— ■*.. subscription rates will take - . "•. ' ,1- place: $25 per year, plus sales tax for in-county SOOSO per year, plus sales tax for rates in state <fe A f •X.45. per year, plus sales tax for rates out of state ■ ■ 5O 0 for each newspaper in racks Wednesday, April 27,1994 "Houston Times-Journal NOTICE TO DEBTORS AND CREDITORS GEORGIA, HOUSTON COUNTY:: Notice ishereby given to creditors, if any, to render demand for payment of claim to the undersigned, and all debtors owing money to the late Hazel Varney render payment to the undersigned as provided by law. Dated: April 5, 1994 Shirley A. Hardman Administratrix Estate of Hazel Varney 205 S. Houston Road Warner Robins, GA 31088 4-115 4/13-5/4 GEORGIA, HOUSTON COUNTY NOTICE TO DEBTORS AND CREDITORS All creditors of the Estate of ELIZABETH M. MERTZ, deceased, late of Houston County, Georgia, are hereby notified to renderin theirdemands to the undersigned according to law, and all persons indebted NOTICE Weather permitting, during the week of May 2, 1994, there will be an aerial application of Larvicide to depress mosquito growth in low lying areas of the City of Perry and immediate environs. This is necessary due to the recent outgrowth of mosquito population. F. Marion Hay City Manager Read To Succeed to said Estate required to make immediate payment. This 6th day of April, 1994. MARLIN B. MERTZ, AS EXECUTOR UNDER THE WILL OF ELIZABETH M. MERTZ, DECEASED 321 Clairmont Drive Warner Robins, GA 31088 Roy N. Cowart, P.C. 1555 Watson Boulevard P. O. Box 818 Warner Robins, GA 31099 4-126 4/13-5/4 NOTICE Notice is given that the Articles of Incorporation which will incorporate WEXFORD PLANTATION, INC. will be delivered to the Secretary of State forfiling in accordance with the applicable provisions of the Georgia Corporation Code. The initial registered office of the Corporation is located at 1004 Carl Vinson Parkway, Warner robins, 31093, Houston, County, Georgia and its initial registered agent at such address is LARRY G. SNELLGROVE. 4/130 ' 4/13-4/26