Below is the OCR text representation for this newspapers page.

Legals NOTICE OF SALE UNDER POWER GOERGIA, HOUSTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Thomas P. Eaton, Jr. to Collateral Investment Company, dated July 7,1983, recorded in Deed Book 632, Page 690, Houston County, Georgia Records, as last transferred to AmSouth Mortgage Company, Inc. 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 THIRTY THOUSAND & NO/100 DOLLARS ($30,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for rash before the courthouse door of Houston County, Georgia, within the legal hours of sale on the first Tuesday in June, 1994, the following described property: EXHIBIT “A’ All that tract or parcel of land situate, lying and being in Land Lot 162 of the Fifth Land District of Houston County, Georgia, known and designated as Lot SA, Brookhaven, according to a plat of survey of said property prepared by Walter G. Clements, Surveyor, dated May 4,1983, a copy of which is of record in Map Book 26, Page 6, 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 Protective Covenants as contained in instrument dated August 19, 1982, of record in Deed Book 613, Pages 782-791, Clerk’s Office, Houston Superior Court; also, subject to an easement for utility purposes over, upon and across the front or southeasterly twenty (20) feet of said property, as shown on the foresaid recorded plat of survey. Also includes in this conveyance are the following: range, dishwasher, garbage disposal, vent fan, carpet. 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 prcperty is Wayne D. Green and Jean C. Green or a tenant or tenants and said property is more commonly known as 120 Brookhaven Circle, Warner Robins, GA 31093. AmSouth Mortgage Cbmpany, Inc. as Attorney in Fact for Thamas P. Eaton, Jr. S. H. McCalla McCalla, Raymer, Padrick, Cobb, Nichols & Clark 56 Perimeter Center East, N.E., Fifth Roor Atlanta, Georgia 30346 (404)-729-8875 SHM/jld 6/ 7/94 Our file no. K 0352-1-12368 5-67 5/11-6/1 NOTICE OF SALE UNDER POWER GOERGIA, HOUSTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Thomas P. Eaton, Jr. to Collateral Investment Company, dated May 13,1983, recorded in Deed Book 629, Page 19, Houston County, Georgia Records, as last transferred to AmSouth Mortgage Company, Inc. by assignment dated December 31, 1986, recorded in Deed Book 752, Page 369, Houston County, Georgia Records, conveying the after described property to secure a Note in the original principal amount of THIRTY THOUSAND & NO/100 DOLLARS ($30,000.00), with interest thereon as set forth therein, there will be sold at public outciy to the highest bidder for cash before the courthouse door of Houston County, Georgia, within the legal hours of sale on thefirstTuesday inJune, 1994, the following described property: EXHIBIT “A" All that real estate situated and being in Land Lot 162 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 6A, Brookhaven, according to a plat of survey of said subdivision prepared by Waddle & Clements & Associates, dated May 4,1983, acopy of which isof record in Map 800k25, Page 249, 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 Protective Covenants appearing of record in Deed Book 613, Page7B2, Clerk’s Office. Houston Superior Court; also, subject to twenty (20) foot utility easement along the front line of said lot. Also included in this oonveyed are the following: Range, Refrigerator, Dishwasher, Garbage Disposal, Vent Fan & Carpet. The debt sacured 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 alien, 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 bejief of the undersigned, the party in possession of the property is Wayne D. Green and Jean C. Green or a tenant or tenants and said property is more oommonly known as 124 Brookhaven Circle, Warner Robins, GA 31093. AmSouth Mortgage Company, Inc. as Attorney in Fact for Thomas P. Eaton, Jr. S. H. McCalla MoCalla, Raymer, Padrick, Cobb, Nichols 6 Clark 56 Perimleter Center E-t, N.E., Fifth Floor Atlanta, Georgia 30346 (404)-729-8875 SHM/mlrs 6/ 7/94 Our file no. K 0351-1-12349 5-68 5/11-6/1 NOTICE OF SALE UNDER POWER GOERGIA, HOUSTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Thomas P. Eaton, Jr. to Collateral Investment Company, dated May 13,1983, recorded in Deed Book 629, Page 14, Houston County, Georgia Records, as last transferred to AmSouth Mortgage Company, Inc. by assignment dated December 31, 1986, recorded in Deed Book 752, Page 369, Houston County, Georgia Records, conveying the after described property to secure a Note in the original principal amount of . THIRTY THOUSAND & NO/100 DOLLARS ($30,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidderforcash before the courthouse door of Houston County, Georgia, within the legal hours of sale on the first Tuesday in June, 1994, the following described property: EXHIBIT “A” All that real estate situated and being in Land Lot 162 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 68, Brookhaven, according to a plat of survey of said subdivision prepared by Waddle-Clements & Associates, dated May 4,1983, a oopy of which is of record in Map Book 25, Page 249, 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 Protective Covenants appearing of record in Deed Book 613, Page 782, Clerk’s Office, Houston Superior Court; also, subject to a twenty (20) foot utility easement along the front line of said lot. Also includes in this conveyance are the following: Range, Refrigerator, Dishwasher, Garbage Disposal, Vent Fan & Carpet. 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 Nbte and Security Deed, m e debt remaining in default, this -le will be made for the purpose of paying the same and all expen sesof this sale, as provided in the Security Deed and by law, including attorney's fees (notice 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 Wayne D. Green and Jean C. Green or a tenant or tenants and said property is more commonly known as 126 Brookhaven Circle, Warner Robins, GA 31093. AmSouth Mortgage ConFany, Inc. as Attorney in Fact for Thomas P. Eaton, Jr. S. H. McCalla McCalla, Raymer, Padrick, Cobb, Nichols & Clark 56 Perimeter Center East, N.E., Fifth Floor Atlanta, Georgia 30346 (404)-729-8875 SHM/mdd 6/ 7/94 Our file no. J 0658-1-1802 5-69 5/11-6/1 PROBATE JUDGES CITATION GEORGIA, HOUSTON COUNTY PROBTE COURT JAYDEE AGER has applied to be appointed Administrator of the estate of BROOKE ATKINS AGER deceased, of said County. (The applicanthas also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 53-12-232. AN interested parties are hereby notified to show cause why said application shuld not be granted. All objections to the application must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before June 6,1994 at 10:00 a.m. Betty J. Kees Clerk of The Probate Court Sammons, Sammons & Williams Attorneys for Petitioners 5-72 5/11-6/1 GEORGIA HOUSTON NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT Underand by virtue of the power of sale contained in that certain Deed to Secure Debt from Phillip W. King to National Mortgage Investments Co., Inc. dated September 13,1991, and recorded in Deed Book 932, page 57, Houston County, Georgia records, which deed was subsequently transferred to Fleet National Bank, by instrument dated September 13, 1991, and recorded in Deed Book 9341, page 775, * and transferred to Fleet Real Estate Funding Corp. by instrument dated 9-17-81 in Deed Boiok 932, page 57. aforesaid records, the undersigned will sell at public outcry to the highest bidder for case before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday, in June, 1994, by Fleet National Bank, as Attomey-in-Fact for Phillip W. King, the following described property: All that tract or parcel of land situate, lying and being in Land Lot 158 of the Tenth Land District of Houston County, Georgia, known and designated as Lot 1, Block “A", Section No. 1, of a Subdivision known as PROVIDENCE PARK, according to a plat of survey of said Subdivision prepared by Walter G. Clements, Surveyor, dated February 1, 1991, a cow of which is of record in Map Book 40, Page 86, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby madeapartof thisdescription by reference thereto foral purposes. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law). The property will be sold as the property of the Aforesaid Grantors subject to the following: (1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; and the outstanding ad valorem taxes and assessments, if any, and unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable. To the best of the undersigned’s knowledge and belief, the party in possession is Phillip W. King. FLEET REAL ESTATE FUNDING CORP. as Attomey-in-fact for Phillip W. King John F. Pendergast, Jr., P.C. Three Piedmont Center 3565 Piedmont Road, Suite 404 Atlanta, Georgia 30305 (404) 356-8600 5-73 5/11-6/1 NOTICE OF SALE Because of default in payment of indebtedness secured by a deed to secure debt executed by VIRGIL L. JONES and MARGIE N. JONES to THE BANK OF PERRY, dated October 14, 1987 and recorded in Deed Book 785, page 647, Clerk’s Office, Houston Superior Court, the undersigned THE BANK OF PERRY, pursuant to the power of sale contained in said security deed, will, on the first Tuesday in June, 1994, during the legal hours of sale, at the courthouse door in Perry, Houston County, Georgia, sell at public outciy to the highest and best bidder for cash the property described in said deed, to-wit: All that real estate in the City of Perry, Houston County, Georgia, known and designated as Lot 1 in Block “A", of Bon Acres Subdivision, according to a plat of survey of said subdivision made by Milton Beckham, Surveyor, a copy of said plat being of record in Map Book 8, page 295, Clerk ‘ s Office, Houston Superior Court. Said lot is further described as follows: BEGINNING at the northeast comer of said lot on the south line of Stanley Street; thence South 48 degrees 04 minutes East for a distance of 87.7 feet to the southeast comerof said lot; thence South 42 degrees 33 minutes West for a distance of 179.9 feet to the southwest comer of said lot on the northeast line of Bonner Drive; thence North 42 degrees 44 minutes West for a distance of 57.3 feet to a point; thence following the curve at the intersection of Bonner Drive and Stanley Street to a point on the south line of Stanley Street; thence North 42 degrees 18 minutes East for a distance of 141.5 feet to the point of beginning, A dwelling house and other improvements are located on said lot. Said property will be sold subject to all easements, restrictionsand the outstanding ad valorem taxes and/or assessments, if any. To the best of the undersigned’s knowledge and belief, MARGIE N. JONES and/or tenants is in possession of the property. A deed will be made by the undersigned to the purchaser at said sale. The p roceeds of said sale will be applied as provided in said deed to secure debt. THE BANK OF PERRY as Attorney in fact for VIRGIL L. JONES and MARGIE N. JONES HULBERT, DANIEL & LAWSON POST OFFICE BOX 89 PERRY, GEORGIA 31069 5-74 5/11-6/1 NOTICE TO INTENT TO INCORPORATE Notice is given that Articles of Incorporation which will incorpo rate “H HH H Enterprises, Inc.”, will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation will be located at 108 Olympia Drive, Wamerßobins, Georgia 31093, and its initial registered agent at such address is JAMES J. DALY, JR. 5-75 5/11-5/18 NOTICE STATE OF GEORGIA COUNTY OF HOUSTON All creditors of the Estate of Johnnie F. Langston, Deceased, late of Houston County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me. This 5Jh day of May, 1994. Mary C. Langston 644 Pineridge Drive Perry, Georgia 31069 WALKER, HULBERT, GRAY & BYRD Attorneys at Law Perry, Georgia 31069 5-76 5/11-6/1 NOTICE OF FORECLOSURE STATE OF GEORGIA COUNTY OF HOUSTON By virtue of the Powerof Sale contained in the Deed to Secure Debt and Security Agreement from Paul David Malarchuk to Sheena H. Malarchuk dated July 24,1990 and recorded in Deed Book 892, Page 607, Clerk's Office, Houston Superior Court, there will be sold by the undersigned at public outcry to the highest bidderforcash, before the courthouse door in Houston County, Georgia within the legal hours of sale on the first Tuesday in June, 1994, same being June 7, 1994, the following described property, to wit: All that tract or parcel of land, lying and being in Land Lot 162 of the sth Land District of Houston County, Georgia, being known and designated as Lot 27, Block C, Northwoods Subdivision, according to a plat of survey prepared by Waddle & Co., dated January 2,1975 and revised October 22,1975, recorded in Map Book 18, page 235, Clerk’s Office, Houston Superior Court. The said plat and the record thereof are incorporated herein by reference for all purposes. Notice has been given of lender’s intention to collect attorney’s fees in accordance with the terms of the Note secured by said deed. Said Deed to Secure Debt having been given to secure a Note of even date, which Npte has become in default as to principal Houston Times-Jouma! and interest, the entire remaining indebtedness under said Deed to Secure Debt has been declared due at once because of among other possible eventsof default, failure to make payments due in accordance with the terms of said Note, thereupon the Power of Sale contained in said Deed became operative. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. As required by the Official Code of Georgia Annotated, Section 44- 14162.2, fifteen days’ notice by certified mail of the foreclosure sale of said property has been given tothe Estate of Paul David Malarchuk. Said property in the possession of the Estate of Paul David Malarchuk will be sold as the property of the Estate of Paul David Malarchuk and subject to the first mortgage, ad valorem taxes, restrictive covenants and assessments of record, if any. Sheena Malarchuk Pamela M. Richards, Attorney at Law, P.C. Attorney for Kathleen Malarchuk P.O. Box 3044 Warner Robins, GA 31099 912/929-1688 5-77 5/11-6/1 “NOTICE OF INTENT TO INCORPORATE Notice is given that articles of incorporation which will incorporate U.S.A. INTERNATIONAL CORPORATION will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation will be located at 902 Commerce Street, Perry, Georgia 31069 and its initial registered agent at such address is Brian L. Bowen.” 5-78 5/11-5/18 STATE OF GEORGIA COUNTY OF HOUSTON NOTICE OF SALE UNDER POWER Unde r and by vi rtue of the power of sale contained in Deed To Secure Debt dated April 18, 1991 from James E. Bell and Kim Bell to Norwest Financial Georgia, Inc. recorded on April 24, 1991, in Deed Book 914, Page 516 in the Clerk's Office of the SuperiorCourtof Houston County, Georgia, the undersigned will sell at public out-cry during the legal hours of sale before the doo rs of the Cou rtho u se i n Houston County, Georgia on the first Tuesday in June, 1994 to the highest bidder for cash, the following described real property. All that certain tract or parcel of land situate, lying and being in Land Lot 200 of the Fifth Land District of Houston County, GA., known and designated as Lot 14, Block “D”, of a subdivision known as Warner Robins, manoraccording to a plat of survey of said subdivision prepared by E.L. Cotin, Surveyor dated February 26,1943, a copy of which is of record in Map Book 2, Page 14, Office Houston Superior Court. Said plat and the recordedcopytheneofis hereby made a description by reference thereto. The above described property is conveyed subject to Restrictive Covenant as contained in instrument of record in Deed Book 51, Pages 471-472, Clerk’s Office Houston Superior Court; as amended by instrument of record in Deed Book 101, Page 372, Clerk’s Office Houston Superior Court, and as amended by instrument of record in Deed Book 51, Page 539 Clerk’s Office Houston Superior Court. Said property is also known as 127 Arnold Blvd., Warner Robins, Georgia 31093. The debt secured by said Deed to Secure Debt is evidenced by a mortgage note dated April 18, 1991 amount of $28,256.60 principal by James E. Bell and Kim Bell in favor of Norwest Financial Georgia, Inc. The debt secured by said Deed To Secure Debt and evidenced by said mortgage note has been and is hereby declared due and payable because of the grantors' failu re to comply with certain terms and conditions in said Deed To Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including accrued and unpaid interest thereon, attorney’s fees and expenses of said sale. The property will be sold as the property of James E. Bell and Kim Bell to the best of the undersigned's knowledge and belief, are the parties in possession of said property. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of said Deed To Secure Debt and mortgage note. This property will be sold sub-ect to any and all unpaid taxes, assessments, general subdivision restriction, if any, and other restrictionsand easements of record, if any. NORWEST FINANCIAL GEORGIA, INC. as Attorney in Fact for JAMES E. BELL AND KIM BELL WIILIAM LEWIS VAUGHN Georgia Bar No. 726450 P.O. Box 951 Macon, Georgia 31202-0951 912-746-0073 5-79 5/11-6/1 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY. Default having been made in the performance of the terms and conditions of that certain security deed executed by ZEARY ANTHONY FENLEY to THE ADMINISTRATOR OF VETRANS’ AFFAIRS, dated August 24, 1978, and recorded in Deed Book 533, Folio 869 in the office of the Clerk of the Superior Cou rt of Houston County, Georgia to secure a nore in the original principal sum of $26,500.00, and default having been made in the payment of said indebtedness, and the entire remaining unpaid indebtedness being now due, there will be sold before the Courthouse door of said County to the highest bidder for cash on Tuesday, June 7, 1994, within the legal hours of sale, the property described in said security deed to which reference is made, to wit: All that certain property situated and being in Land Lot 175 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 4, Block °C” Section No. 1, Briardale Estates, according to a plat of survey prepared by Waddle Sureying Co., and recordedin Map Book 5, Page 89, 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 oonveyed subject to Restrictive Covenants of record in Deed Book 129, Page 1, Clerk’s Wednesday, May 18, 1994 Houston Times -Journal Office, Houston Superior Court. The foregoing property will be sold as the property of ELLIS E. TAYLOR under and by virtue of the powerof sale contained in said Security Deed, subject to all unpaid ad valorem taxes, any prior security deeds of record, assessments, all valid restrictive covenants and all easements of record or in place. This 11th day of May, 1994. ZEARY ANTHONY FENLEY (L.S.) BY: SECRETARY OF VETERANS AFFAIRS F/K/A ADMINISTRATOR OF VETERANS AppAipc HIS ATTORNEY IN FACT DENNEY, PEASE, ALLISON, KIRK & LOMAX Attorneys for Attorney in -act 318 Eleventh Street Post Office Box 2648 Columbus, Georgia 31994-0499 (706) 324-3711 5-80 5/11-6/1 GEORGIA, HOUSTON COUNTY. Will be sold Tuesday, June 7, 1994, before the courthouse door in Houston County, Georgia, during the legal hours of sale, to the highest bidder for cash, the following described property, to-wit: All that tract or parcel of land situate, lying and being in Land Lot 314 of the 13th Land District of Houston County, and in the City of Perry, Georgia and containing 4.848 acres according to a plat of survey prepared by Richard L. Jones, Registered Land Surveyor Number 1591, said plat of survey dated August 19,1980 and recorded in Plat 800k23, Page 121, Clerk's Office, Houston Superior Court. Said plat of survey and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. There is EXCEPTED from the above described property that tract or parcel of land situate, lying and being in Land Lot 314 of the 13th Land District of Houston County, and in the City of Perry, Georgia, ana containing 1.880 acres, same Deing the property conveyed to the Georgia Department of Transportation by right-of way deed dated June 7,1988, of record in Deed Book 808, Pages 533-535, Clerk’s Office, Houston Superior Court. LESS AND EXCEPT all that tract or parcel of land situate, lying and being in Land Lot 314 of the 13th Land District of Houston County, and in the City of Perry, Georgia, comprising 1.33 acres, andhaving such shape, metes, bounds, courses and distances as are shown on plat of survey prepared by Richard L. Jones, Registered Land Survey or No. 1591, said plat of su n/ey dated November26,l99l, and recorded in Plat Book 41, Page 104, Clerk’s Office, Houston Superior Court. Said platof survey and the recorded copy thereof are hereby madeapartof thisdescription by reference thereto for all purposes. Sale will be made under the powers of sale contained in those deeds to secure debt from Barney A. Smith, Sr. to Trust Company Bank of Middle Georgia, N.A. as follows: (1) dated October 25, 1989, and recorded in Deed Book 860, Page 455, Clerk’s Office, Houston Superior Court; (2) dated May 14, 1990, and recorded in Deed Book 880, Page 502, said Clerk's Office; and (3) dated July 3,1991, and recorded in Deed Book 923, Page 296, said Clerk’s Office. These deeds to secure debt secure promissory notes more particularly described therein, including any renewals or extensions thereof, andall other existing or future indebtedness of Grantor to Grantee. Default having occurred in the payment of the indebtedness thereby secured and in compliance with other terms and provisions thereof, the powers of sale in said deeds to secure debt have become operative. The proceeds of said sale will be applied as provided in said deeds to secure debt. Sale will be made subject to unpaid ad valorem taxes and assessments, if any. To the best of the undersigned’s knowledge and belief the party in possession of the property is Barney A. Smith, Sr.. This 6th day of May, 1994. TRUST COMPANY BANK OF MIDDLE GEORGIA, N.A., AS ATTORNEY-IN FACT FOR BARNEY A. SMITH, SR. CATER C. THOMPSON JONES, CORK & MILLER P. O. Box 6437 Macon, Georgia 31208-6437 (912) 745-2821 5-81 5/11-6/1 GEORGIA, HOUSTON COUNTY. Will be sold Tuesday, June 7, 1994, before the courthouse door in Houston County, Georgia, during the legal hours of sale, to the highest bidder for cash, the following described property, to-wit: HAYNEVILLE FARM All that tract or parcel of land situate, lying and being in the 13th Land District of Houston County, Georgia, comprising Lots and parts of Lots of Land Numbers 14, 15, 16,17 and 18 in said District, said Lots and parts of Lots lying together forming one body of land which contains in the aggregate 868.70 acres, more or less, having such shapes, metes, bounds, courses and distances as are shown on plat of survey of the same made by Rhodes Sewell, County Surveyor, on July 15, 1929, a copy of said plat being recorded in Map Book 1, Page 241, Clerk’s Office, Houston Superior Court. Said plat and the record thereof are hereby madeapartof thisdescription by reference thereto. Said tract of land isgenerally known as the Moreland Place and is bounded on the north by lands known now or formerly as the H. N. Stipe Place, owned now or formerly by A. E. Harris; on the east by lands known now or formerly as the “Willingham Place”; on the south by lands known noworformerty as the “Duke LancT, and the “Willingham Place”, and lands owned now or formerly by Mrs. Harrison; on the west by lands now or formerly of G. T. Brown Estate, lands now or formerly of H.P. Tucker, and lands now or formerly of Pennsylvania-Dixie Cement Corporation. described parcel all that tract or parcel of land lying and being in Land Lots 16, 17 and 18 of the 13th Land District of Houston County, Georgia, comprised of 400 acres as shown on a plat of survey prepared by Jones Surveying Company, dated October 28,1985, which is of record in Plat Book 30, Page 102, Clerk’s Office, Houston Superior Court. The said recorded plat and the copy thereof are incorporated herein by reference for all purposes. Said excepted tract is the same property as that conveyed by warranty deed dated June 5, 1986 from Barney A. Smith to Board of Commissioners of Houston County of record in Deed Book 722, Page 257, said Clerk’s Office. ALLOTMENTS As appurtenant to the land herein conveyed there is also hereby conveyed all of the farm acreage allotments to which the above-referenced land is now entitled or may hereafter become entitled, including, but not limited to, allotments for tobacco, cotton, com, peanuts and sugarcane. Sale will be made under the power of sale contained in a deed to secure debt dated July 3, 1991, from Barney A. Smith, Sr. to Trust Company Bank of Middle Georgia, N.A. to secure a promissory note more particularly described therein, including any renewals or extensions thereof, and to secure all other existing or future indebtedness of Grantor to Grantee. Said deed appears of record in the Office of the Clerk of the Superior Court of Houston County, Georgia, in Deed Book 923, Page 296. Default having occurred in the payment of the indebtedness thereby secured and in compliance with other terms and provisions thereof, the powerof sale in said deed to secu re debt has become operative. The proceedsof said sale will be applied as provided in said deed to secure debt. Sale will be made subject to unpaid ad valorem taxes and assessments, if any. To the best of the undersigned's knowledge and belief the party in possession of the property is Barney A. Smith, Sr.. This 6th day of May, 1994. TRUST COMPANY BANKOF MIDDLE GEORGIA, N.A., AS ATTORNEY-IN FACT FOR BARNEY A. SMITH, SR. CATER C. THOMPSON JONES, CORK & MILLER P. O. Box 6437 Macon, Georgia 31208-6437 (912) 745-2821 5-82 5/11-6/1 Page 7B