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Legals PUBLIC NOTICE Notice of Availability of the Draft State Transportation Program Document for Public Review and Comment A draft copy of the State Transportation Improvement Program (STIP) required by Section 135 of the Intermodal Surface Transportation Efficiency Act of 1991 is available for public review and comment during the period beginning August 15, 1994, and ending August22,l994, between the hours of 8 a.m. and 5 p.m. (Monday thru Friday) at the following Department of Transportation Offices. Department of Transportation 715 Andrews Drive Thomaston, GA 30286 706-647-1099 Department of Transportation Area Engineer’s Office 1557 East Lamar Street Americus, GA 31709 912-931-2434 Department of Transportation Area Engineer's Office 1950 Kings Chapel Road Perry, GA 31069 912-987-1543 Department of Transportation Area Engineer's Office 2790 Roff Avenue Macon, GA 31204 912-751-6029 Department of Transportation Area Engineer’s Office 1001 Highway 19 South Griffin, GA 30233 404-228-7205 Department of Transportation Area Engineer’s Office 1107 Hogansville Road LaG range, GA 30240 706-845-4115 Department of Transportation Area Engineer’s Office 3600 Schatulga Road Columbus, GA 31907-3132 706-568-2165 The STIP can also be reviewed at the following locations: Chattahoochee Flint RDC 13273 GA Highway 34 Franklin, GA 30217706-675-6721 Mclntosh Trail RDC 408 Thomaston Street Bamesville, GA 30204 404-358-3647 Middle Georgia RDC 175 C Emery Highway Macon, GA 31201 912-751-6160 City of Columbus 100 Tenth Street - 3rd Floor Transportation Planning Div. Columbus, GA 31993 706-571-4767 Macon-Bibb County P&Z Commission Suite 100 Southern Trust Bldg. 682 Cherry Street Macon, GA 31202 912-751-7460 Lower Chattahoochee RDC 1428 Second Avenue Columbus, GA 31902 706-649-7468 Middle Flint RDC 228 West Lamar Street Americus, GA 31709 912-928-4120 Heart of Georgia RDC 501 Oak Street Eastman, GA 31023 912-374-4771 City of Warner Robins Community Development Dept. City Hall Warner Robins, GA 31099 912-929-1111 The STIP is a program of Federal Aid Transportation Projects proposed for construction by the State Department of Transportation over the three year period, including fiscal years 1995,1996, and 1997. Oral and written comments will be accepted at any of the locations listed above through August 22,1994. Comments may be submitted by mail and should be sent to one of the following offices: Department of Transportation, Attention: Joseph Leoni, 715 Andrews, Drive, Thomaston, GA 30286 or STIP Comments, Office of Planning, No. 2 Capitol Square, Atlanta, GA 30334. Comments must be received by August 26,1994. 8-27 8/10 GEORGIA, HOUSTON COUNTY NOTICE OF SALE UNDER POWER By virtue of Powerof Sale contained in Security Deed from Stewart A. Brown, hereinafterGßANTOß(S), to WellsA West Investment !nc. dated March 15, 1991, recorded March 25, 1991, in Deed Book 911, Page 33, HOUSTON County Records; said Security Deed being given to secure a Note of even date in the original principal amount of Forty-Nine Thousand Three Hundred Fifty and No/lOOths ($49,350.00) Dollars, with interest from date as stated therein; said Security Deed having last been sold, assigned, transferred, and conveyed to BardaysAmerican/Mortgage Corporation on March 20,1991, recorded March 25,1991, in Deed Book 911, Page 40, HOUSTON County Records; 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 SEPTEMBER, 1994, the following described property: All that tract or parcel of land lying and being in Land Lot 202 of the sth Land Distnctof Houston County, Georgia, being Lot 69, Block C of Northview Subdivision, as per plat thereof recorded In Plat Book 3 page 162 of the public records of Houston County, Georgia, which said plat is Incorporated herein by reference and made a part hereof. To the best of the undersigned’s knowledge, the street address for this property is 236 Johns Road, Warner Robins, GA 31093. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default non-payment of the 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 of this sale, including attorney’s fees. Said property will be sold subject to any outstanding ad valorem taxes, special assessments, any unpaid utility bills constituting liens against the property, and any other matters of record superior to and existing at the time of the recording of the Security Deed first set out above. Barclays American/Mortgage Corporation As Attorney in Fact for the above-named GRANTOR(S) PRIOR 4 BUSER 1355 Peachtree Street, Suite 1050 Atlanta, Georgia 30309 404-876-7541 8-28 8/10-8/31 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY Underand by virtue of the Powerof Sale contained in a Security Deed given by Jeffrey Glenn Mashbum and Melanie A. Mashbum to Southeastern Mortgage Corporation, dated December 21, 1990, recorded in Deed Book 903, Page 108, Houston County, Georgia Records, as last transferred to Chemical Mortgage Company by assignment dated February 5, 1991, recorded in Deed Book 963, Page 338, Houston County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY EIGHT THOUSAND TWO HUNDRED THREE 4 NO/100 DOLLARS ($38,203.00), 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 September, 1994, the following described property: EXHIBIT “A” All that tract or parcel of land situate, lying and being in Land Lot 200 of the Lower Fifth District of Houston County, Georgia, being known as Lot 16, Block Doi Warner Robins Manor, according to a plat of survey of said subdivision of record in Map Book 2, Page 14, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description 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 asand when due and in the mannerprovided 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, oovenants, 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 Jeffrey Glenn Mashbum and Melanie A. Mashbu mor a tenant or tenants and said property is more oommonly known as 403 Thomas Boulevard, Warner Robins, GA 31093. Chemical Mortgage Company as Attorney in Fact for Jeffrey Glenn Mashbum and Melanie A. Mashbum S. H. MoCalla MoCalla, Raymer, Padrick, Cobb, Nichols - Clark 56 Perimeter Center East, N.E., Fifth Floor Atlanta, Georgia 30346 (404)-729-8875 SHM/kgw 9/ 6/94 Our file no. J 2646-3-7311 8-29 8/10-8/31 NOTICE OF SALE UNDER POWER Under and by vi rtue of the power of sale contained in a Deed to Secure Debt executed and delivered by MARSHALL TONY BROWN to DAVID M. PIERCE and JAMES N. GEIGER, dated August 8,1989 and recorded in Deed Book 851, Pages 563-564, Clerk's Office, Houston Superior Court, there will be sold at public outcry before the Courthouse door in Perry, Houston County, Georgia, on the first Tuesday in September, 1994 within the legal hours of sale to the highest bidder for cash the following described property: All that tract or parcel of land lying and being in Land Lot 232 of the Thirteenth Land District in the City of Perry, Houston County, known and designated as Lot 348 in Brookwood Subdivision according to a plat of the Resubdivision of Lot 34, Brookwood Subdivision, prepared for Mrs. Eldora H. Kennedy by Richard L. Jones, Surveyor, on November 23, 1976, and recorded in Map Book 19, Page 273, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. The debt secured by said Deed to Secure Debt being in default, said sale will be made for the purpose of paying said debt and all expenses in connection with the sale, including attorney’s fees. Said property will be sold as the property of MARSHALL TONY BROWN subject to any unpaid taxes and assessments, easements, zoning regulations, and restrictive covenants of record, if any. DAVID M. PIERCE and JAMES N. GEIGER AS ATTORNEYS IN FACT FOR MARSHALL TONY BROWN GEIGER 4 PIERCE, P.C. P.O. Drawer T Perry, GA 31069 912/987-2952 8-30 8/10-8/31 CIVIL ACTION #94-V-50870-M NOTICE OF PETITION TO CHANGE NAME GEORGIA, NOUSTON COUNTY Notice is hereby given that Jean Forbes Stormes, the undersigned, filed herpetition in the Superior Court of Houston County, Georgia on the 3rd day of August, 1994 praying for a change in her name to Jean Forbes Douglas and notice is hereby given to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 day s of the filing of said This 3rd day of August, 1994. File in Office on August 3,1994. Terri Childers Deputy Clerk 8-31 8/10-8/31 IN THE SUPERIOR COURT FOR THE COUNTY OF HOUSTON STATE OF GEORGIA IN RE: THOMAS HENRY MAYO CIVIL ACTION NO A-2154 ADOPTION PROCEEDING FILED AUGUST 1, 1994 ORDER FOR SERVICE BY PUBLICATION DATED AUGUST 1, 1994 TO: ROSARO TORRO You are hereby notified that on the IST day of August, 1994, THOMAS HENRY MAYO filed a petition in the Superior Court of said County to seek adoption of GINAROSE BERONILLA. You are hereby commanded to file any objection to said adoption, in writing, on or before OCTOBER 3, 1994 , and to show cause before the presiding Judge in Chambers of Houston Superior Court at 9 o’clock, a.m., on the 3RD day of OCTOBE R, 1994, in the Courthouse in Perry, Houston County, Georgia, why the adoption proceeding filed on behalf of the petitioner should not be granted without the written consent of the NATURAL FATHER of said minor child. WITNESS THE HONORABLE L. A. MCCONNELL, JR. Judge of said Court, this the IST day of August, 1994. Linda E. Means, Deputy Clerk, Houston Superior Court 8-32 8/10-8/24 CITY OF WARNER ROBINS SPECIAL ELECTION NOTICE A call is hereby issued to all registered voters of the City of Warner Robins, Ga. for a Special Municipal Election on Tuesday, September 20, 1994 the purpose of the Election is to hold a referendum election to provide a homestead exemption forelderty property owner residing in the corporate limits of Warner Robins, Georgia The election will be held on Tuesday, September2o,l994 between the hours of 7 AM to 7 PM. The voting precincts are: * CIVIC CENTER - For voters living in District 5 * NORTHSIDE SENIOR HIGH SCHOOL - For voters living in District 6 * NORTHSIDE MIDDLE SCHOOL - For voters living in District 4 * RUSSELL ELEMENTARY SCHOOL - For voters living in District 3 * ABSENTEE BALLOT PRECINCT - City Clerk’s Office, 700 Watson Boulevard, absentee voting - (NO voting the day of Election) Last day to register to vote for this Election is August 17, 1994. Carolyn Robbins Municipal Superintendent City of Warner Robins 8-33 8/10 LEGAL NOTICE Notice is hereby given that the Houston County Board of Zoning Appeals will hold a public hearing on the day of August 22, 1994 at the hour of 7:00 p.m. o’clock at the Houston County Annex Building in Warner Robins, Georgia, forthe purpose of hearing objections, ifany, to a variance asprovided by the terms of the Houston County Zoning Ftesolution. PROPERTY DESCRIPTION All that tract or parcel of land lying and being in Land Lot 15 of the 11th District of Houston County, Georgia, located as Lot 31, Sun Chase, Enchanted Oaks Subdivision, consisting of .48 Acre, more or less, and better known as the property of R.K. Smith. All parties at interest and citizens shall have the opportunity to be heard at this time and place relative to petition filed by the owner of the property in question R.K. Smith. HOUSTON COUNTY OF ZONING AN APPEALS By: Chairman, Arthur Clarke, Jr. Attest: Secretary, Timothy E. Andrews 8-34 8/10-8/17 LEGAL NOTICE Notice is hereby given that the Houston County Board of Zoning Appeals will hold a public hearing on the day of August 22, 1994 at the hour of 7:00 p.m. o'clock at the Houston County Annex Building in Warner Robins, Georgia, forthe purpose of hearing objections, ifany, to a variance asprovided by the terms of the Houston County Zoning Ftesolution. PROPERTY DESCRIPTION All that tract or parcel of land lying and beingin Land Lot 119 of the 10th District of Houston County, Georgia, located as Tract 1 at 329 A Lake Joy Road, consisting of 1:00 Acre and better known as the property of Gary E. Thomas. All parties at interest and citizens shall have the opportunity to be heard at this time and place relative to petition filed by the owner of the property in question R.K. Smith. HOUSTON COUNTY OF ZONING AN APPEALS By: Chairman, Arthur Clarke, Jr. Attest: Secretary, Timothy E. Andrews 8-35 8/10-8/17 GEORGIA, HOUSTON COUNTY: NOTICE OF SALE UNDER POWER IN SECURITY DEED Under and by virtue of that power of sale contained in that certain deed to secure debt executed by JERRY W. PHILLIPS and UNDAC. PHILUPSin favorof MIDDLE GEORGIA BANK dated December 23, 1987, recorded in Deed Book 792, Page 349, Clerk’s Office Houston Superior Court, the undersigned will sell at public outcry to the highest bidder forcash before the doors of the Courthouse of Houston County, Georgia, during the legal hours of sale on the First Tuesday in September, 1994 (916194), the following described property to-wit: All that real estate situated and being in Land Lot 150, Fifth Land District of Houston County, Georgia, being known and designated as Lot 4, Block C, Cametot Subdivision, Section 111, according to a plat of survey prepared by Milton Beckham Co., dated October 14, 1971, and recorded in Map Book 15, Page 4, Clerk’s Office, Houston Superior Court. Said plat and the record thereof are incorporated herein by reference for all purposes. This conveyance is subject to al O foot drainage and utility easement along the northerly line of said lot Said property will be sold subject to a Deed to Secure Debt from Jerry W. Phillips and Linda C. Phillips in favorof First Federal Sayings 4 Loan Association of record in Deed Book 544, Page 681, Clerk's Office, Houston Superior Court The debt secured by said deed is evidenced by a note dated 12/23/87. Default has occurred in the payment of the debt evidenced by said note and secured by said deed by the non-payment of installments. The total balance of said debt has, therefore, been declared due and said deed foreclosable according to the terms of said security deed and the note which it secures. Said property shall be sold subject to the highest bidder for cash, and proceeds shall be applied to the payment of said indebtedness and the lawful expenses of said sale, all as provided in said note and said security deed, said sale subject to all taxes and assessments. MIDDLE GEORGIA BANK Attomey-in-fact for JERRY W. PHILLIPS and LINDA C. Houston Times-Journal PHILLIPS John D. Carey McKenney, Jordan 4 Carey P. O. 6078 Macon, Ga. 31208-6078 (912) 741-1109 8-36 8/10-8/31 GEORGIA, HOUSTON COUNTY: NOTICE OF SALE UNDER POWER IN SECURITY DEED Under and by virtue of that power of sale contained in that certain deed to secure debt executed by JERRY WAYNE PHILLIPS, d/b/a VANN’S SERVICE CENTER in favor of MIDDLE GEORGIA BANKdated December23,l9B7, recorded in Deed 800k792, Page 346, Clerk’s Office Houston Superior Court, the undersigned will sell at public outcry to the highest bidder for cash before the doors of the Courthouse of Houston County, Georgia, during the legal hours of sale on the First Tuesday in September, 1994 (916194), the following described property to-wit: All that tract or parcel of land situate, lying and being in Land Lot 200 in the Fifth Land District, Houston County, Georgia, which is known and designated as Lot 14 in Block “V" of Warner Robins Manor Subdivision, as sxhown by plat of survey of Blocks “A”, “U”, and “V” of said subdivision made by E. L. Gostin, C.E., on 0ct0ber30,1947, and revised on January 26,1948, reference being hereby made to said revised plat of survey and to the record thereof in Map Book 2, Page 192, Clerk's Office, Houston Superior Court for further purposes of description and identification. And for further and additional purposes of description and identification reference is hereby made to plat of survey of said Lot No. 14, Block “V” of said subdivision made by Theodore W. Waddle, Registered Surveyor No. 924, on December 13,1956, and to the record thereof in ~ap Book 4, Page 186, Clerk’s Office, Houston Superior Court. The debt secured by said deed is evidenced by a note dated 12/23/87. Default has occurred in the payment of the debt evidenced by said note and secured by said deed by the non-payment of installments. The total balance of said debt has, therefore, been declared due and said deed foreclosable according to the terms of said security deed and the note which it secures. Said property shall be sold subject to the highest bidder for cash, and proceeds shall be applied to the payment of said indebtedness-and the lawful expenses of said sale, all as provided in said note and said security deed, said sale subject to all taxes and assessments. MIDDLE GEORGIA BANK Attomey-in-fact for JERRY W. PHTLLIPS and LINDA C. PHILLIPS John D. Carey McKenney, Jordan 4 Carey P. O. 6078 Macon, Ga. 31208-6078 (912) 741-1109 8-37 8/10-8/31 CITATION STATE OF GEORGIA, COUNTY OF HOUSTON IN THE PROBATE COURT OF SAID STATE AND COUNTY: RE: PETITION FOR LEAVE TO SELL REAL AND/OR PERSONAL PROPERTY TO: Myma P. Knowles, Joyce P. West and Patricia Tribble AND ALL WHOM IT MAY CONCERN: Patricia Tribble, as Administratrator of the Estate of BLANCHE F. BRANTLEY, Deceased, having filed a petition to sell real and/or personal property of said Estate, this is to notify the interested parties of said Estate who are not required to be personally served that they must file their response to the petition with the Court on or prior to the 6th day of September, 1994,at10:00o’clock A.M. If no responses are filed, the petition may be granted without a hearing. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed at or before the time stated in the citation. This 4th day of August, 1994. JUDGE OF THE PROBATE COURT By: Betty J Kees, Chief Clerk Probate Court ATTORNEY FOR PETITIONER: George L. Williams, Jr. 127 Cart Vinson Parkway Warner Robins, GA 31088 912-923-0236 8-38 8/10-8/31 NOT!CI TO CREDITORS AND DEBTORS STATE OF GEORGIA COUNTY OF HOUSTON In re: Estate of Ann B. Tingler All creditors of the Estate of Ann B. Tingler, decoased late of Houston County, are hereby notified to ren dertheirdem an ds to the undersigned according to law, and ail persons indebted to said estate are requi red to make immediato payment to me. This the day of August, 1994. Samuel L Tingler, Executorof the Estate of Ann B. Tingler Pamela M. Richards P.O. Box 3044 Warner Robins, GA 31099 912/929-1688 8-39 8/10-8/31 IN THE SUPERIOR COURT FORTHE COUNTY OF HOUSTON STATE OF GEORGIA IN RE: ALBERT S. JOHNSTON Petitioner CIVIL ACTION NO, A-2155 ADOPTION PROCEEDING FILED AUGUST 3. 1994 ORDER FOR SERVICE BY PUBLICATION DATED AUGUST 3. 1994 TO: HOWARD TUCKER You are hereby notified that on the 3RD day of AUGUST 1994, ALBERT S. JOHNSTON filed a petition in the Superior Court of said County to seek adoption of ELIJAH JOEL WELLBORN. You are hereby commanded to file any objection to said adoption, in writing, on or before OCTOBER 3, 1994, and to show cause before the presiding Judge in Chambers of Houston Superior Court at 9:00 o'clock, a.m., on the 3rd day of OCTOBER, 1994, in the Courthouse in Perry, Houston County, Georgia, why the adoption proceeding filed on behalf of the petitioner should not be granted without the written consent of the NATURAL FATHER of said minor child. WITNESS THE HONORABLE L . A . MCCONNELL, JR. Judge of said Court, this the 3RD day of AUGUST, 1994. Terri L. Childers DEPUTY Clerk, Houston Superior Court 8-40 8/10-8/24 NOTICE TO DEBTORS AND PRFniTno^ STATE OF GEORGIA COUNTY OF HOUSTON All creditorsoftheestate of MARTHA F. MALONE, deceased, late of Houston County, Georgia, are hereby notified to render in theirdemands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment. This the 3rd day of August, 1994. JAMES C. MALONE as Executor of the Estate of MARTHA F. MALONE Box 272, Route 4 Warner Robins, Georgia 31088 8-41 8/10-8/31 NOTICE OF SALE GEORGIA, HOUSTON COUNTY There will be sold at public outcry to the highest and best bidder for cash, begore the Superior Courthouse door in Houston County, Georgia at 10:00 a.m. on the first Tuesday in September, 1994 and continuing from day to day until sale is complete, the following described proeprty: WHIRLPOOL DRYER, GENERAL ELECTRIC WASHER, CURTIS MATHIS 19" COLOR TELEVISION, WHIRLPOOL MICROWAVE OVEN, 1966 FORD F 250 #F25YL840712. 1981 FORD GRANADA #IFABP27B4BG 1 76654,1 983 CHEVROLET ClO #IGCCG24M4DF33B7OO. 1984 DATSUN SENTRA #JNIPBIIS7EUI237I6; said property found in the possession of CURTIS THOMAS levied on to satisfy the fi. fa. in favor of FIRST FRANKLIN FINANCIAL CORP. against Curtis Thomas, issued in the Magistrate Court of Houston County, Georgia. Levied on property of the defendant in fi. fa. Property may be seen and inspected before sale by calling 987- 0880 for an appointment. This the 2 day of AUGUST, 1994. GROVER HICKS CONSTABLE, Houston County, Georgia 8-42 8/10-8/31 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Gil L. Crenshaw to National Mortgage Investments Co., Inc., dated the 30th day of December, 1991, and recorded in Deed Book 945, Page 72, Houston County, Georgia Records, and assigned to Source One Mortgage Services Corporation by Assignment recorded in Deed 800k948, Pagesl2, Houston County, Georgia Records, the undersigned, Source One Mortgage Services Corporation, 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 September, 1994, during the legal hours of sale, at the Courthouse door in Houston County, sell at public outcry to the highest bidder for cash, the property described In said deed to-wit: All that tract or parcel of land lying and being in Land Lot 106 of the Thirteenth Lana District of Houston County, Georgia, known and designated as Lot 7, Block “B”, Section 1, Lea Glen Subdivision, comprising 1.05 acres of land as shown on a plat of survey prepared by Richard L. Jones, Surveyor, dated February 4, 1976, a copy of said plat being of record in Map Book 19, Page 26, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are made a part of this description by reference hereto. which has the property address of 108 Surrey Place, Perry, GA 31069 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, andother superior matters of record which may affect said property. 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 Gil L. Crenshaw and the proceedsof 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. Source One Mortgage Services Corporation, Attorney in Fact for Gil L. Crenshaw McCurdy & Candler By Anthony DeMario, Attorney (404)373-1612 8-43 8/10-8/31 IN THE SUPERIOR COURT OF HOUSTON COUNTY STATE OF GEORGIA RE: CITY OF PERRY EVERGREEN CEMETERY CIVIL ACTION FILE NO. 9-V-60910-N NOTICE TO ALL PERSONS HAVING KNOWLEDGE RELATIVE TO OR INTEREST IN THE UNKNOWN REMAINS IN THE CITY OF PERRY EVERGREEN CEMETERY THAT HAVE BEEN DISINTERRED AND UNMARKED GRAVESTHAT HAVE BEEN UNCOVERED DUE TO FLOODWATERS FROM BIG INDIAN CREEK ON OR ABOUT JULY 5, 1994, You are hereby notified that the above styled action was filed in said Court on August 3, 1994, wherein the City of Perry is asking to be allowed to reinter the remains that have been washed up by floodwaters to higher ground in Evergreen Cemetery and erect a common memorial to the memory of those remains, to be allowed to disinter the remains located in those graves that have been uncovered and reinter said remains to higher ground in Evergreen Cemetery and to be relieved from any and ail liability, now or in the future, relative to the damage to the graves that were disinterred, relative to the disinterment of those graves that were uncovered and relative to the reinterment of all of the remains to higher ground in Evergreen Cemetery. You are further notified that by reason of an Order for Service by Publication entered by the Court on Augu st 2,1994, you arehereby commanded and required to file with the Clerk of said Court and serve upon the City of Perry’s attorney, David G. Walker, whose address is P. O. Box 1234, 909 Ball Street, Perry, Georgia, a response to said petition within sixty (60) days of the date of the Order for Service by Publication. Witness the Honorable George F. Nunn, Jr., Judge of said Court. This the 3rd day of Auqust, 1994. Carolyn V. Sullivan, Clerk Houston Superior Court 8-44 8/10-8/31 GEORGIA, HOUSTON COUNTY NOTICE OF SALE UNDER POWER Under and by virtue of the Power of- Sale contained in a Security Deed given by Robert B. Tillery and Donna P. Tillery to Collateral Investment Company, dated October 26,1978, recorded in Deed Book 538, Page 350, 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 pnncipal amount of THIRTY TWO THOUSAND SEVEN HUNDRED & NO/100 DOLLARS ($32,700.00), 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 September, 1994, the following described property: EXHIBIT “A" All that tract or parcel of land situate, lying and being in Land Lot 194 of the Fifth Land District of Houston County, Georgia, known and designated as Lot 256, Section 2, of a subdivision known as Pine Valley, according to a map or plat of survey of said subdivision prepared by James W. Sherrill, Surveyor, dated December, 1961, a copy of which is of record in Map Book 7, Page 240, Clerk’s Office, Houston Superior Court Said plat and the recorded copy thereof are hereby made a part of this desciption by reference thereto. A dwelling house and other improvements are located on said described property. The above-described property is conveyed subject to Restrictive Covenants as contained in instalment of record in Deed Book 190, Pages 92-96, Clerk's Office. H-uston Superior Court; also, subject to an easement for drainage purposes over, upon and across the westerly ten (10) feet of said property as shewn on the aforesaid recorded plat of survey. Also includes: range, venthood, dish washer, energy package including heat pump, and garbage disposal. 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 Robert B. Tillery and Donna P. Tillery or a tenant or tenants and said property is more oommonly known as 136 Kirkwcod Circle, Wamerß-bins, GA31093. AmSouth Mortgage Company, Inc. as Attorney in Fact for Robert B. Tillery and Donna P. Tillery S. H. McCalla McCalla, Raymer, Padrick, Cobb, Nichols \ Clark 56 Henmeter Center East N.E., Fifth Floor Atlanta, Georgia 30346 (404)-729-8875 SHM/jld 9/ 6/94 Our file no. K 1942-1-6709 8-45 8/10-8/31 Get Your Legals In Early! Deadline For Legals Is Monday at 12 Noon 4¥