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Wednesday. August 17,1994, "Houston Timos-Joumal Page 5B Legals COUNTY TAX SALE GEORGIA, HOUSTON COUNTY There wiH. b« sold at public outcry to th« highest and bast biddar for cash, batwaan tha lagal hours of sals bsfors tha County Courthouss door in Houston County, Georgia on the First (Ist) Tuesday in September 1994, tha following described property to wit All those certai.n tracts or parcels of land situate, lying and being in land Lot 194 of the Fifth Land District of Houston County, Georgia commonly known and referred to as the “Sunset Plaza Shopping Center", located at 500-512 Richard B. Russell Parkway in the City of Warner Robin s, more particularly described as follows: Parcel No 1 All that tract or parcel of land situate, lying and being in Land Lot 194 of the Fifth land Di.strict of Houston County, Georgia, and being the property heretofore designated as Lots 1 and 2, Block B, Section No 1, of a subdivision known as Karen Villa Estates, as shown on a certain map or plat of survey of said property prepared by Waddle Surveying Co., Inc., Surveyor, certified by Theodore W. Waddle, Georgia Registered Land Surveyor No 924, dated Feb 11, 1965, entitled “Property plat for Eugene Williams", a copy of which is of record in Map Book 9, Page 211, 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. Said property levied upon as the property of Sunset Plaza Partners, LTD, a Georgia limited Partnership, Defendant in Fi Fa to satisfy fi fa for the years 1992 and 1993 issued by Sheriff Ex-Officio of Houston County against sa:id defendant i.n Fi Fa. Tenant in possession of said premises notified. Map # W-33-25 This 11 day of 1994 Juanita Mason Sheriff Ex-Officio Houston County, Georgia 8-55 8/10-8/31 COUNTY TAX SALE UEORGIA, HOUSTON CUUNI T There will be sold at public outcry to the higllest and best bidder for cash, between the legal hours of sale before the County Courthouse door in Houston County, Georgia On the First (Ist) Tuesday in September in 1994, the following described property to wit: All that tract or parcel of land lying and being in Land Lot 139 of the Fifth Land district of Houston County, Georgia, being known and designated as Lot 7, Dogwood Park Subdivision, accoridng to a plat of survey prepared by Rhodes Sewell, dated March 10,1954 and recorded in Plat Book 3, Page 115, Clerk;’s Office, Houston Suprioer Court. The said plat and the recorded copy thereof are hereby made a part of this description by refdrence thereto for all purposes. Said property levied upon as the property of L A. Reeves, Defendant in Fi Fa to satisfy fi fa for the years 1992 and 1993 by Sheriff Ex-Officio of Houston County against said defendant in fi fa. Tenant in possession of said premises notified. Map # 73-H-11 This 12 day of July, 1994. Juanita Mason, Sheriff Ex-Officio Houston County, Georgia 8-56 8/10-8/31 COUNTY TAX SALE GEORGIA, HOUSTON COUNTY There will be sold at public outcry to the higllest and best bidder for cash, between the legal hours of sale before the County Courthouse door in Houston County, Georgia On the First (Ist) Tuesday in Septembers 1994, the followingdescribed property to wit: All that tract or parcel of land lying and being in Land Lot 220, Fifth Land District, Houston County, Georgia, known and designated as Lot 17, Block C, Jefferson Hills subdivision, Extension No 2, according to a plat of survey made by Waddle Surveying Company, Inc., and recorded in Plat Book 7, Page 234, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of thisdescription by reference thereto. Said property levied upon as the property of Rowena D. Scott, Defendant in Fi Fa to satisfy fi fa for the years 1992 and 1993 by Sheriff Ex-Officio of Houston County against said defendant in fi fa. Tenant in possession of said premises notified. Map # W-9-G-3 This 12 day of July, 1994. Juanita Mason, Sheriff Ex-Officio Houston County, Georgia 8-57 8/10-8/31 COUNTY TAX SALE GEORGIA, HOUSTON COUNTY There will be sold at public outcry to the highest and best bidder fo cash, between the legal hours of sale before the County Courthouse door in Houston County, Georgia on the First (Ist) Tuesday in September 1994, the following described property to wit All of the land known as lot 9 of a map of a proposed subdivision of the property of the Heirs of Isom Stephens Estate located in L. L. 153 and 154 in the Fifth District of Houston County Georgia. Said map was prepared by Robert G. Clements Registered Land Surveyorand said survey and plat are a part of this conveyance. Said property levied upon as the property of Hubert Stephens, Defendant in Fi Fa to .satisfy fi fa for the years 1992 and 1993 issued by Sheriff Ex-Officio of Houston County against said defendant in Fi Fa. Tenant in possession of said premises notified. Map # 70-26 This 12 day of July, 1994 Juanita Mason, Sheriff ex-Officio Houston County, Georgia 8-58 8/10-8/31 COUNTY TAX SALE GEORGIA, HOUSTON COUNTY There wiH be sold at public outcry to the higllest and best bidder for cash, between the legal hours of sale before the County Courthouse door in Houston County, Georgia On the First (Ist) Tuesday in Septemberin 1994, the following described property to wit: All that tract or parcel of land lying and being in the Fifth Land District of Houston County, Georgia, Land Lot 204 and being more fully described as follows: Beginning at a point on the west line of Land Lot 204 which is 520 feet south from the point on the Elberta to Centerville Road where said road is intersected by the west line of Land Lot 204 and marked on a plat of survey of record in Map Book 2, Page 214, of the Alex Ferguson lands as “beginning port". Thence run south along said westerly line of said Lot 204 for a fistance of 105 feet to a stake on sid lot line; thence at left angle in an easterly direction 210 feet to a stake; thence at left angle in a northerly direction for a distance of 105 feet to a stake; thence at left angle in a westerly direction for a distance of 210 feet to the point of beginning. Said tract of land is bounded on the north by lands of Andrew Ferguson, Sr., as described in adeed recorded in Deed Book 70, Page 185, Clerk’s Office, Houston Suprioer Court; on the west side by original land lot line; and on south and east by lands now owned by Jesse Ferguson. Said property levied upon as the property of JIMMIE LEE SMITH, Defendant mFiFa to satisfy fi fa for the years 1992 and 1993 by Sheriff Ex-Officio of Houston County against said defendant in fi fa. Tenant in possession of said premises notified. Map # 95-G-9 This 11 day of July, 1994. Juanita Mason, Sheriff Ex-Officio Houston County, Georgia 8-59 8/10-8/31 COUNTY TAX SALE GEORGIA, HOUSTON COUNTY There will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the County Courthouse door in Houston County, Georgia, on the First (Ist) Tuesday in September, 1994, the following described property to wit Land Lot 187 in District 205 of Houston County, Georgia and being in a part of the Mary Ferguson Estate and known as Lot No. 10 in the Mary Ferguson Subdivision. Beginning at a point on South comer of lot where Evans Drive intersects with Ridge Drive at an iron marker. Thence 135 feet West along Evans Drive to iron marker thence 70 feet norlh to iron marker, thence 122 feet East to iron marker on Ridge Drive, thence south along Ridge Drive 70 feet to beginning point, where Evans Drive intersects with Ridge Drive. This lot is bounded on South by Evans Drive, and on West by land of Thomas Anderson, on the North by land of Mary Ferguson Estate and on East by Ridge Drive. Said property levied upon as the property of LEVESTER MONTFORD EST, Defendant in Fi Fa to satisfy fi fa for the years 1991, 1992, and 1993 issued by Sheriff Ex-Offidoof Houston County against said defendant in Fi Fa. Tenant in possession of said premises notified. Map #95-C-90 This 11 day of 1994 Juanita Mason, Sheriff F.x-Officio Houston County, Georgia 8-60 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 Jerry W. Giles and Charlene C. Giles to Fairfiolrt Financial Associates of Macon, dated the 16th day of November, 1990, and recorded in Deed Book 900, Page 548, Houston County, Georgia Records, and lastly assigned to Federal Home Loan Mortgage Corporation by Assignment of Note and Security Deed, the undersigned, Federal Home Loan Mortgage 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,duringthelegalhoursof 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 situate, lying and being in the Wellston Township within the City limits of Warner Robins, Georgia, in Land L0t217, Fifth Land District, Houston County, Georgia, known and designated as a portion of Lot 148, Block “22”, as shown on plat of survey a copy of thich is of record in Plat Book 1, Page 283, Clerk’s Office, Houston Superior Court. Said portion of Lot 148, Block “22", Wellston Township, is more fully shown on plat of survey prepared by Theodore W. Waddle, Georgia Registered Surveyor No. 924, dated November 19,1975, a copy of said plat being of record in Map Book 18, page 223, Clerk’s Office, Houston Superior Court. Said plats and the recorded copies thereof are hereby made a part of this description by reference thereto. which has the property address of 402 Marshall Avenue, Warner Robins, GA 31093 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 other superior matters of record which may affect said properly. 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 so Id as the property of Jerry W. Giles and Charlene C. Giles 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. Federal Home Loan Mortgage Corporation, Attorney in Fact for Jerry W. Giles and Charlene C. Giles McCurdy & Candler By Anthony DeMarlo, Attorney (404)373-1612 8-61 8/10-8/31 NOTICE OF SALE UNDER POWER 4 GEORGIA, HOUSTON COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Douglas Turner and Man/a G. Turner to Georgia Federal Bank, FSB, dated the 26th day of August, 1988, and recorded in Deed Book 817, Page 413, Houston County, Georgia Records, the undersigned, First Union National Bank of Georgia, successor in interest to Georgia Federal Bank, FSB, 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 situate, lying and being in Land Lot22BoftheTenth Land District of Houston County, Georgia being known and designated a- Lot 13, Block “G”, Section N 0.4, Moo reland Acres Subdivision, according to a plat of survey prepared by Robert L. Story, dated April 8, 1975, and recorded in Map Bock 18, page 97, 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. which has the property address of 224 Lake Placid Drive, Bonaire, GA 31005 together with all fixtures and otherpersonal property conyeyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, andothersuperiormatters 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 Douglas Turner and Marva G. Turner 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. First Union National Bank of Georgia, successor in interest to Georgia Federal Bank, FSB, Attorney in Fact for Douglas Turner and Marva G. Turner McCurdy & Candler (404) 373-1612 8-62 8/10-8/31 NOTICE TO THE PUBUC YOU ARE HEREBY NOTIFIED that on the 18 day of August, 1994,at11:30A..M„ at the Houston County Courthouse in Houston County, Georgia, the presiding Judge of the Superior Court of Houston County will hear the case of the STATE OF GEORGIA, Plaintiff, v. DEVELOPMENT AUTHORITY OF HOUSTON COUNTY, GEORGIA AND FRITO-LAY, INC., Defendants, Civil Action File No. 94-V --50929-N in the Superior Court of Houston County, the same being a proceeding to confirm and validate an issue of Development Authority of Houston County (Georgia) Taxable Revenue Bonds (Frito Lay, Inc. Project), Series 1994 (the “Bonds"), in an aggregate principal amount of $28,970,000. The Bonds are to be issued by the Development Authority of Houston County (the Issuer") for the purpose of financing, in whole or in part, the cost of acquiring existing facilities and acquiring, constructing or installing additions thereto (the “Project") in Houston County, Georgia, in order to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfareof the State of Georgia. Said Project will be financed by the Issuerforthe benefit of Frito Lay, Inc., a Delaware corporation qualified to do business in the State of Georgia, pursuant to a Lease Agreement, dated as of August 1, 1994. In said proceeding the Court will also pass upon the validity of said Lease Agreement and a Trust Indenture in connection therewith. Any citizen of the State of Georgia residing in Houston County, Georgia, or any other person wherever residing who has a right to object, may intervene and become a party to this proceeding. This sth day of August, 1994. JARISE R. BRYANT DEPUTY CLERK, SUPERIORCOURT, HOUSTON COUNTY, GEORGIA 8-63 8/10-8/17 CITATION GEORGIA, HOUSTON COUNTY PROBATE COURT The application of Queen Evelyn Kinchen, widow of JOHNNY JAMES KINCHEN, deceased, fora Twelve Months Support for applicant, having been duly filed, all persons are hereby cited to show cause, if any they have, on or before 10:00 A.M. on the first Tuesday in September, next, why said application should not be granted. 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 preceding sentence. WITNESS, the Honorable FRANCES V. ANNIS, Judge By Betty J. Kees, Chief Clerk, Probate Court ATTORNEY FOR PETITIONER: M. Kirby Wood 415 N. Jefferson Street Albany, Georgia 31702 912-883-6671 8-64 8/10-8/31 NOTICE Notice is given that Articles of Incorporation which will incorporate Central Georgia Christian Home Educators, Inc. has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G. A. 14-2-202.1). The initial registered office of the corporation will be located at 300 Cedar Ridge Drive, Warner Robins, GA, 31088, Houston County. The registered agent located at such address is Deborah Gilley. 8-66 8/10-8/17 STATE OF GEORGIA COUNTY OF HOUSTON All creditors of the Estate of Frances Parker Jones, 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 sth day of August, 1994. Wendy Jones Thornton 1609 South Houston Lake Road Kathleen, Georgia 31047 WALKER, HULBERT, GRAY & BYRD Attorneys at Law Perry, Georgia 31069 8-67 8/10-8/31 NOTICE Notice is given that Articles of Incorporation which will incorporate Medical Placement Services, Inc. will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G. A. (14-2-201.1) The initial registered office of the Corporation will be located at 835 Johnson Road, Apt. 106, Warner Robins, Georgia, 31093 and its initial registered agent at such address is Rhonda Lynn Ducker. GREEN & ASHWORTH Attorneys at Law 794 Church Street Royston, Georgia 30662 8-68 8/10-8/17 STATE OF GEORGIA: COUNTY OF HOUSTON. NOTICE TO DEBTORS & CREDITORS Houston TSmes-Journal All creditors of the ESTATE OF OTTIS BROWN, late of Houston County, Georgia, are hereby notified to rendertheirdemands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me. This 4th day of August, 1994. RUBY JOAN BROWN Executor of the Estate of Ottis Brown c/o Williams, Sammons & Sammons Attorneys at Law 127 Carl Vinson Pkwy. Wamerßobins, GA 31088 8-69 8/10-8/31 NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF FULTON Underand by virtue of the Powerof Sale contained in the Security Deed from Theron Monroe Moore to Bank South, Houston County, N.A., dated December 30, 1986 and recorded in Deed Book 751, Page 565, in the offices of the Clerk of the Superior Court of Houston County, Georgia, as subsequently amended by instrument dated December 8, 1987 and recorded in Deed Book 790, Page 358, aforesaid records (the “Security DeecT); and pursuant to the provisions contained in that certain Order modifying the automatic stay of 11 U.S.C. Section 362, dated July 26, 1994 and entered in Chapter 7 Case No. A 94-65567- JEM, United States Bankruptcy Court, Northern District of Georgia, Atlanta Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Houston County, Georgia, during the legal hours of sale, on the first Tuesday in September, 1994, the following described real property, to wit ALL THAT TRACT orparcel of property lying and being in Land Lot 49 of the Tenth Land District of Houston County, Georgia, and being in the City of Perry, said property being bounded on the south by Carroll Street, on the east by Ball Street, on the north by an alley, and on the west by a building now or formerly known as J&M Furniture Discount Store, said buildina beina the same building formerly known as L&J Superette. Said property has a building located thereon which was formerly known as Perry Pharmacy, Inc. The debt secured by the Security Deed is evidenced by a renewal Commercial Promissory Note from Theron Monroe Moore to Bank South, Houston County, N.A., dated Decembers, 1987 in Iheoriginal principal amount of $70,000.00 and, by virtue of the open-end provisions contained in the Security Deed, a Commercial Promissory Note from Theron M. Moore to Bank South, N.A., dated May 12, 1992 in the original principal amountof $48,942.06, and a Commercial Promissory Note from Theron M. Moore to Bank South, N.A., dated July 30,1992 in the original principal amount of $19,000.00 (collectively the “Notes"), plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Notes and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Notes and secured by the Security Deed and the failure to comply with the termsand conditions of the Notes and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of Theron Monroe Moore, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Notes and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictionsormatters of record. To the best of the undersigned’s knowledge and belief, the real properly is presently owned by Theron Monroe Moore. To the best of the undersigned’s knowledge and belief, the party in possession of the real property is Theron Monroe Moore, and tenants holding under him. Bank South, N.A., successor by name change to Bank South, Houston County, N.A., as Attomey-in-FactforTheron Monroe Moorea/k/a Theron M. Moore M. Todd Westfall, Esquire Macey, Wilensky, Cohen, Wittner & Kessler Suite 700, Carnegie Building 133 Carnegie Wav. N.W. Atlanta, Georgia 30303 (404) 584-1200 Docunent #: 54984-1 8-70 8/10-8/31 NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF FULTON Underand by virtue of the Powerof Sale contained in the Security Deed and Agreement from Robert T. Cribb to Bank South, Houston CountY, N.A., dated May 29,1991 and recorded in Deed Book 918, Page 526, in the offices of the Clerk of the Superior Court of Houston County, Georgia (the “Security DeecT), the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Houston County, Georgia, during the legal hours of sale, on the first Tuesday in September, 1994, the following described real property, to wit: ALL THAT TRACT or parcel of land situate, lying and being in Land Lot 147, Fifth Land District of Houston County, Georgia, being known and designated as Lot 1, according to a plat of survey for Cotder Center Business Condos prepared by Clements Sun/eying Co., Inc., dated December 22,1989, and recorded in Map Book 39, Page 28, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. ALSO GRANTED herein is a 20.0% interest in the common areas which shall be deemed to be the driveways and parking areas. In addition, under and by virtue of the power of sale contained in the Security Deed, the undersigned will also sell at public outcry to the highest bidder for cash before the door of the Courthouse of Houston County, Georgia, immediately following the sale of the above-described real property, the following described personal property owned by Robert T. Cribb, or his successors-intitle, and secured by the Security Deed, to wit All personal property described in and subject to the Security Deed, which is hereby incorporated by this reference. Less and except any fixtures subject to the security interest on the above-described real property. The debt secured by the Security Deed is evidenced by a Commercial Promissory Note, dated May 29, 1991, executed by Robert T. Cribb to Bank South, Houston County, N.A., in the original principal amount of $80,143.68 (the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of Robert T. Cribb, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all priorassessments, easements, restrictions or matters of record. To the best of the undersigned’s knowledge and belief, the real property is presently owned by Robert T. Cribb. To the best of the undersigned’s knowledge and belief, the party in possession of the real property is Robert T. Cribb, and tenants holding under him. All personal property will be sold in one lot to the highest and best bidderforcash as ttte property of Robert T. Cribb, or his successors-in-titie, on an “as is, where is" basis and without representation, warranty or recourse, express or implied, of the undersigned, and subject to all matters of record affectino said oersonai prqoertv. the proceeds to be applied to the payment of said indebtedness, attorneys’ fees and the lawful expenses of said sale, all as provided in the Security Deed. Bank South, N.A., successor to Bank South, Houston County, N.A., as Attomey in-Fact for Robert T. Cribb. M. Todd Westfall, Esquire Macey, Wilensky, Cohen, Wittner & Kessler Suite 700, Carnegie Building 133 Carnegie Way, N.W. Atlanta, Georgia 30303 (404) 584-1200 Document # 53772-1 8-71 8/10-8/31 CITATION STATE OF GEORGIA COUNTY OF HOUSTON Arthur H. Clarke, Jr., has applied to be appointed Administrator of toe estate of Yoshinko Endo deceased, of said County. (The applicant has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-15-3). All interested parties are hereby notified to show cause why said application should not be granted. All objections to toe application mustbe in writing, setting forth toe grounds of any such objection, and mustbe filed with the court on or before September 6,1994, at 10:00 a.m. Betty J. Kees Chief Clerk of the Probate Court 8-72 8/10-8/31 STATE OF GEORGIA COUNTY OF HOUSTON COWART LOAN #210013488 NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Security Deed executed by Beverly R. Cowart to Houston Federal Savings and Loan Association dated December 9,1982, and recorded in Deed Book 621, Page 702, Houston County Records, said Security Deed having been last sold, assigned, transferred and Conveyed to FGB Realty Advisors, Inc. by assignment, securing a Note in the original principal amount of $75,000.00, 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, September 6,1994, during the legal hours of sale, before toe 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 tract or parcel of land situate, lying and being in Land Lots 149 and 164 of the Fifth Land District, Houston County, Georgia, and in toe City of Warner Robins, Warner Robins, known and designated as Lot 9, Block “A", of Tanglewood Estates, according to a plat of survey prepared by Waddle Surveying Co., Inc. on November 11,1963, acopy of said plat being record in Map Book 8, Page 281, Clerk’s Office, Houston Superior Court. Said plat and toe recorded copy thereof are hereby made a This property is also known as 121 Tanglewood Drive, Wamerßobins, Georgia 31093. Together with all fixtures and personal property attached to and constituting a part of said property. 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), 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 superiorto toe Security Deed first set out above. Notice has been given of intention to collect attorney's fees in accordance with the terms of toe Note secured by said Deed. Said property will be sold as the property of Beverly R. Cowart, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Beverly R. Cowart, and toe proceeds of said sale will be applied to toe payment of said indebtedness and all toe expenses of said sale, including attorney's fees, all as provided in said Deed, and toe balance, if any, will be distributed as provided by law. FGB Realty Advisors, Inc. as Attomey in-Fact for Beverly R. Cowart File No 94-1238 L. J. SWERTFEGER, JR. Shapiro & Swertfeger Attorneys and Counselors at Law P.O. Box 49047 Atlanta, Georgia 30359 (404) 634-7270/tlp 8-73 8/10-8/31 NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF FULTON Under and by virtue of the Power of Sale contained in the Security Deed from Robert T. Cribb to Bank South of Houston County, N.A., dated December 12,1984 and recorded in Deed Book 675, Page 31, in the offices of the Clerk of the Superior Court of Houston County, Georgia (the “Security DeecT). the undersigned will sell at public outcry to the highest and best bidder tor cash before the door of the Courthouse of Houston County, Georgia, during the legal hours of sale, on the first Tuesday in September, 1994, the following described real property, to wit ALL THAT TRACT or parcel of land: situate, lying and being in Land Lot 136 of | the sth Land District of Houston County, Georgia, known and designated as Lot 28, Block “E", Section No. 1, Phase No. 1, Fieldstone Subdivision, according to a revised plat of survey of record in Plat 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 forall purposes. The debt secured by the Security Deed is evidenced by a Promissory Note, dated May 20, 1993, executed by Robert T. Cribb to Bank South, N.A., in the original principal amountof $8,298.00 (the “Note"), plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of thisdefault the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of Robert T. Cribb, foe proceeds to be applied to toe payment of said indebtedness, attorneys’ fees, and toe lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to toe following: Security Deed in favorof Colonial Mortgage Company, dated May4,l977and recorded in Deed Book 498, Page 213, Houston County, Geqrgia records; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all priorassessments, easements, restrictions or matters of record. To the best of the undersigned’s knowledge and belief, toe real property is presently owned by Robert T. Cribb. To the best of the undersigned's knowledge and belief, the party in possession of toe real property is Robert T. Cribb, and tenants holding under him. Bank South, N.A., successor to Bank South of Houston County, N.A., as Attomey-in-Fact for Robert T. Cribb. M. Todd Westfall, Esquire Macey, Wilensky, Cohen, Wittner & Kessler Suite 700, Carnegie Building 133 Carnegie Way, N.W. Atlanta, Georgia 30303 (404) 584-1200 Document #:53772-l 8-74 8/10-8/31 /1 \ /1 \ w Get Your Legals In Early! Deadline For Legals Is Monday at 12 Noon