Newspaper Page Text
Public Notices
the ndeblednen secured by a Security
Deed executed by Randoll l Boonstro to
NCF Mortgage Corporation d/b/a
Puma landing Inc dated August 5.
1988 and recorded in Deed Book 816.
Page 570 . Houilon County Records,
said Security Deed having been last told,
assigned, transferred and conveyed to
Branch Banking and Trail Company by
assignment dated June 25. 1995, ond
recorded in Deed Book 1200, Poge 272.
aforesaid records, securing a Note in the
originol principal amount of
$63,630 00, the holder thereof pursuant
to said Deed and Note thereby secured
has declared the entire amount of said
indebtedness due and payable and. pur
suont to the power of sale contained in
soid Deed, will on the first Tuesday. June
2, 1998, during the legal hours of sale,
before the Courthouse door in said
County, sell at public outcry to the highest
bidder for cosh, the property described in
said Deed, to-wit
All that tract or parcel of land lying
and being in lond lot 169 of the Fifth (5)
land District of Houston County,
Georgia, which is known and designated
as lot 3, Block "K", Section No 2,
Highland Estates Subdivision, occordmg
to o plat of said subdivision which is ot
record in Plat Book 12, Page 158
Clerk s Office Houston Superior Court,
together with all fixtures and personal
property attached to and constituting a
part of soid property, if any. and being
known as I 10 McLean Drive , Warner
Robins GA 31036
Said property will be sold sub|ect to
any outstanding ad valorem taxes jmclud
ing taxes which ore a lien whether or not
now due and poyablej, any matters
which might be disclosed by on accurate
survey and inspection of the property,
ony assessments liens, encumbrances
zoning ordinances restrictions,
covenants, ond matters of record superior
to the Security Deed first set out above
Notice has been given of intention to
collect attorney's fees in accordance with
the terms of the Note secured by said
Deed
Said property will be sold as the prop
erfy of Randoll l Boonstro, the property
to the best information, knowledge ond
belie! ol the undersigned be rig present
ly in the possession of Rondal! I Boonstra
and Victon A Boonstra ond the pro
ceeds o! said sale will be applied to the
payment of said indebtedness and all the
expenses of soid sole including attor
ney s fees, all as provided in said Deed,
and the balance, if any, will be distrib
uted as provided by law
Branch Banking and Trust Company
as Attorney m-Fact for
Randoll L Boonstra
his successors m-title
being Randoll L Boonstra and
Victoria Boonstra
File no 98-091 I
l j Swertteger, Jr
Shapiro & Swertfeger*
Attorneys and Counselors at low
3300 Northeast Expressway
Suite 5-C
Atlanta Georgia 30341 3941
(7701 220-2730/ch
"The law firm is acting as a debt col
lector Any information obtained wiH be
used for that purpose
5 13 5/6-5/27
State a ( Georgia
County of Houston
Cherry, Sandra E
FNMA LOAN #17600
nomf ot >oie unwr rowtr
Becouse of o defoult in the payment
of the indebtedness secured by a Security
Deed executed by Sandro E Cherry to
CB4T Bank of Middle Georgia dated
February 19, 1997 ond recorded in
Deed Book 1264, Page 654 , Houston
County Records soid Security Deed hav
ing been last sold, assigned transferred
and conveyed to Synovus Mortgage
Corp by assignment dated February 19,
1997, and recorded in Deed Book
1264, Poge 661, aforesaid records,
securing a Note in the original principal
amount of S7B 000 00. the holder there
of pursuant to said Deed and Note there
by secured has decla-ed the entire
amount of said indebtedness due and
payable and. pursuant to the power of
sole contained in soid Deed, will on the
first Tuesdoy, June 2, 1998, during the
iegal hours of sale, before the
Courthouse door in said County sell at
pi.hlir outcry to the highest bidder for
cash, the property described in said
Deed, towit
All thot tract or parcel of land situate,
lying and being in land Lot 188 of the
Fifth (sth) land District of Houston
County, Georgia being known and des
ignated as lot 11 Block "A", Section
No 1, Phase No 1, Springfield Plateau
Subdivision, according to a plat of said
subdivision which is of record in Plat
Book 49, Page 167, Clerk's Office,
Houston Superior Court Said plat and
the record thereof are incorporated here
in by reference for all purposes
Together with all fixtures and personal
property attached to and constituting a
part of said property, if any, and bemg
known as 129 Molachi Drive Warner
Robins GA 31093
Soid property will be sold sub|ect to
any outstanding ad valorem taxes (includ
ing taxes which are o lien, whether or not
now due and payable), any matters
which might be disclosed by on accurate
survey and inspection of the property,
any assessments, liens, encumbronces
zoning ordinances, restrictions,
covenants, ond matters of record superior
to the Security Deed first set out above
Notice has been given of intention to
collect attorney's fees in occordonee with
the terms of the Note secured by said
Deed
Said proper', will be sold as the prop
erty of Sandra E Cherry, the property, uj
the best information, knowledge ond
belief of the undersigned, being present
ly in the possession of Sandra E Cherry,
and the proceeds of said sale will be
applied to the payment of said indebted
ness and all the expenses of said sale,
including attorney s tees, all as provided
in said Deed, and the balance, if ony,
will be distributed as provided by law
Synovus Mortgage Corp as
Atlomey-in-Foct for Sandro E Cnerry
File no 98-0998
l. J Swertteger, Jr
Shapiro & Swertteger*
Altorneyvat-low
3300 Northeast Expressway
Suite 5G
Atlanta, Georgia 30341 -3941
(770| 220-2730
c c
"The law firm is octing as o debt col
lector Any information obtained will be
used for that purpose
514 5/6-5/27
Georgia, Houston County
Undersigned will sell before the
Courthouse door in Houston County,
Georgia between the legal hours of sale
on the Inst Tuesday in June, 1998, to the
highest bidder for cash the following
All that tract or parcel of land lying
and being in lond lot 224 of the 5m
District. Houston County. Georgia, and
being more particularly described as fol
lows
Commence ot the comer common to
land lots 218, 219, 224 and 225,
aforesaid District and County, thence
north 87 degrees 5? minutes east a dis
tance of 656 90 feel along the southerly
land lot line of land lot 225, aforesaid
District ond County, to an iron pin set on
the westerly right-of-way line of Third
Street (o 60 foot right-of way), thence
along the westerly nghtof-way line of
Third Street south 01 degree 04 minutes
west o distance of 351 67 feet to an iron
pm set thence south 88 degrees 30 min
utes west a distance of 601 13 feet to an
iron pm set on the eosterly right-of-way
line of Wellborn Road, thence north 15
degrees 32 minutes west a distance of
164 92 feet to a point located on the
westerly line of Land lot 224. aforesaid
District ond County (said point olso being
located on the eosterly nghtof-way line of
Wellborn Rood, which at or near this
point converts Vandenberg Boulevard),
thence north 01 degree 30 minutes west
a distance of 185 00 feet along the
westerly land lot line of land lot 224,
aforesaid District ond County (also being
the easterly right-of-way line of
Vondenberg Boulevard), to the common
corner of land lots 218 219 224 ond
225, aforesaid District ond County, said
point being the Point of Beginning said
property being known as Ashley Arms
Apartments, containing 5 113 acres of
land more or less, oil os more particular
ly set forth on that certain property plat
prepared for William T Ferguson and
Southern Federal Sovmgs and loan
Association of Georgia by Theodore W
Waddle Georgia Registered lond
Sv-veyor No 924 of Woddle &
C ompany doted April 23 1987 as
revised May 11,1987
Said sale will be conducted and a
deed executed to the purchaser pursuont
to the powers contamed in that certain
Muttifamily Deed to Secure Debt
Assigrynent of Rents and Security
Agieement from William T Ferguson to
Southern Federal Savings ond loon
Association of Georgia [the "Original
lender") dated May 1 1, 1987, recorded
in the Clerk's Office of Houston Superior
Court m Deed Book 767 page 389 os
modified by the Modification Agreemen'
executed by William T Ferguson on June
1 1992 recorded in said Clerk s Office
In Deed Book 1050. page 323 (said
Muitifamily Deed lo Secure Debt.
Assignment of Rents and Security
Agreement dated May 11, 1987 as
modified by said Modification
Agreement dated June 1, 1992. collec
lively De ng hereinafter referred to as the
"Security Deed") Said Security Deed
was executed to secure the Multifamily
Note executed by Williom T Ferguson in
favor of the Original Lender in the princi
pal amount of $700,000 00. dated May
11, 1987 os modified on June 1, 1992
(said Muitifamily Note doled May 11,
1987 as modified on June 1, 1992,
bema hereinafter referred to as the
"Muitifamily Note")
State Street Bank and Trust Company
as Trustee under that certain Pooling and
Servicing Agreement dated os of March
1, 1993, for RTC Commercial Mortgage
Pass-Through Certificates Series 1993
C 2 (the "Present lender”), is the present
owner and holder of said Security Deed
and soid Multifamily Note
Said property was conveyed to
Nathan Wornock by deed from Williom
T Ferguson doled October 25, 1996,
recorded in the Clerk's Office of Houston
Superior Court in Deed Book 1246,
page 100, and Nathan Wornock is the
present owner of said property
The monthly payments which were
due under the terms of said Multifamily
Note on the first days of July August,
September. October, November, and
December, I 997, ond on the first days of
Januory and February, 1998, were not
made Hazord insurance was not mom
tamed on said property as reauired by
the terms of said Security Deed and
waste has been committed on said prop
erty in violation of the terms of said
Security Deed Further, title to said prop
erfv was transferred to Nathan Wornock
without written consent in violation of the
terms of said Security Deed Due to the
foregoing events of default the under
signed has exercised its option to declare
the remainder of the indebtedness imme
diately due and collectible, and the
power of sale contained in said Security
Deed has become operative
The soid Williom T Ferguson and the
said Nothon Wornock hove been notified
m writing that the provisions in said Note
-elative to the poyment of attorney s fees
will be enforced
Said sale will be conducted sub|ect to
unpaid ad valorem taxes for the year
1998. a deed executed to the purchaser
subiect to said unpaid ad valorem taxes
for the year 1998, and the proceeds
applied in accordance with me provi
sions of said Security Deed
State Street Bank and Trust
Company, as Trustee under that certain
Pooling and Servicing Agreement dated
as of March 1, 1993, for RTC
Commercial Mortgage Pass-Through
Certificates. Series 1993-C2
T Boron Gibson, II
Martin, Snow, Gront 4 Napier IIP
240 Third Street
PO Bo* 1606
Macon, Georgia 31202-1606
5 15 5/6-5/27
Notice of Sal* Under Power
Georg id, Houston County
Under and by virtue of the Power of
Sale contained in the following described
instrument (hereinafter referred to as the
"Security Deed") Security Deed from
Johnny and Cliso Robertson to Ernest W
Livingston, Jr, dated March 18, 1994,
recorded in Deed Book 1087, Poge 188,
Houston County Records, said security
deed having been given to secure o note
in the oriainol principal amount of Twenty
Thousand ond No/100 Dollars
($20,000 00) with interest thereon os
provided therein, there will be sold ot
public outcry to the highest bidder for
cosh before the courthouse door of
Houston County, Georgia, within the
legal hours of sale on the first Tuesday in
June, 1998, the following described
property, to wit
All mot troct or porcel of lond situat
ed. lying and being in lond lot 202 of
the Fifth District of Houston County,
Georgia, known and designated os lot
70, Block 'l* Unit No One, Warner Hil^.
Subdivision, Inc occordmg to a plat of
survey prepared by Gordon Nolley.
Surveyor, doted August 3, 1953, a copy
of which is of record in Mop Book 3,
Poge 81, Clerk's Office, Houston
Superior Court Soid plot and the record
ed copy thereof are hereby mode a part
of this Description by reference thereto for
all purposes
Said property is commonly known os
108 Angelo Avenue, Warner Robins,
Georgia. 31093
The indebtedness secured by said
security deed has been, and is hereby
declared due becouse of. among other
possible events of default, failure to pay
the indebtedness os and when due and in
the manner provided in the Note and
Security Deed The debt remoming in
defoult. this sale will lie mode for the pur
pose of paying the some, all expenses of
the sale, including attorney's fees and all
other payments provided for under the
terms of me Security Deed and Note
Soid property will be sold subject to
the following items which may affect the
title to soia property oil zoning ordi
nances. matters which would be dis
closed by and occurate survey or by an
inspection of the property, any outstand
mg taxes, including but not limited to od
valorem taxes which constitute liens upon
said property, special assessments, all
outstanding bills tot public utilities which
constitute liens upon said property, all
restrictive covenants, eosements. rights-of
woy and any other matters of record
superior to soid Security Deed To the
best of the knowledge and belief of the
undersigned, the party in possession of
the property is Johnny Robertson and
Clisa Robertson or tenantsjs)
Ernest W Livingston, Jr os Attorney
m Foct for Johnny Robertson and Cliso
Robertson
M Stanley Martin
Attorney ot low
127 Corf Vinson Parkway
PO Box 8751
Warne' Robins Georgia 31095
(912) 329 9112
5 16 5/6 5/27
Notice of Sal# Under Power
Georgia, Muscogee County
Default novmg been made in the pei
formonce of the terms and conditions of
that certain security deed executed by
Guy H Parker to Southeastern Mortgoge
Corporation dated June 5 1995 and
recorded June 7, 1995, in Deed Book
1151, Folio 308, m the Office of the
Clerk of the Superior Court of Houston
County, Georgia, and last transferred
and assigned of record to Secretary of
Veterans Affairs by assignment to be
recorded in the Office of the aforesaid
Clerk lo secure a note in the original
principal sum of Fifty Three Thousand
Forty ond No/100 Dollars
($53,040 00), and default hovmg oeen
made in the poyment of said indebted
ness and the entire remaining unpaid
indebtedness bemg now due mere will
be sold before the Courthouse door ol
said County to the highest bidder for cash
on Tuesday June 7 1998 withm the
iegal hours of sole the property
described in soid security deed to which
reference is mode to wit
All that troct o' parcel of land situate
lying and being in land lot 194 of the
lenth 110th) land District of Houston
County. Georgio being known ond des
ignoted os lot 9, Block "B". Section No
1. of o subdivision known as Turtle
Creek according to a plot of survey p»e
pared by Jones surveying Company
dated April 26, 1976, o copy of which is
of record m Plat Book 19, Poge 65.
Clerk s Office Houston Superior Court
Said plat ond the recorded copy thereof
are hereby made a part of this descrip
tion by reference thereto for all purposes
Property address 425 Feagin Mill
Road, Warner Robins, GA 31086
The foregoing property will be sold as
the property of Guy H Parker under ond
by virtue ot the power of sole contained
in said Security Deed sub|ect to all
unpaid ad volorem taxes any prior secu
rtty deeds of record assessments all
valid restrictive covenants and all ease
ments of record or in place
This 27th doy of April, 1998
Guy H Porker (I S )
By Secretory of Veterans Affoirs
f/K/A Administrator of Veterans
Affoirs
His Attorney In Foct
5 17 5/6-5/27
Notice of Sato Under Power
Georgia, Houston County
By virtue of a Power of Sole contained
in that certain Security Deed from Clyde
S Jester and Angela D Jester to
Southeastern Mortgage Corporation
doted September 10, 1993, recorded in
Deed Book 1046, Page 662, Houston
County. Georgio Records, said Security
Deed navmg been given to secure a Note
of even date in me original principal
amount of Seventy-One Thousand Two
Hundred Ninety-Eight And 00/100
Dollars ($71,298 0d) with interest there
on os provided therein, said Security
Deed hovmg been last sold, assigned
and transferred to GE Capital Mongage
Services, Inc . there will be sold at public
outcry to the highest bidder for cash
before the courthouse door of Houston
County. Georgia, within the legol hours
of sole on the first Tuesday in June 1998
the following described property
All that tract or parcel of lond situate,
lying ond being in land lot 90, Fifth land
District of Houston county, Georgia,
being known and designated as lot 11,
Beover Run Estates, according lo a plat of
survey prepared by Scarborough land
Surveys, dated November 19, 1984. of
record in Map book 27, Poge 195,
Clerk's Office. Houston Superior Coun
Soid plat ond the recorded copy thereof
ore hereby made o part of this descrip
tion by reference thereto
Soid property is commonly known os
118 Water Drive, Warner Robins. GA
31088
The indebtedness secured by said
Security Deed has been and is nereby
declared due because of default under
the terms of said Security Deed and
Note, including but not limited to the non
payment of me indebtedness as and
when due The indebtedness remaining
in default, this safe will be mode for the
purpose of paying the some, all expens
es of the sole, including attorney's fees
and all other payments provided for
under the terms of me Security Deed and
Note
Said property will be sold sub|ect to
the following items which may affect the
title to so.a property all zoning ordi
nances. matters which would be dis
closed by on occurate survey or by an
inspection of the properly, any outstand
mg taxes, including but not limited to ad
volorem taxes, which constitute liens
Wed.. May 20. 199 H
upon said property, speciol assessments,
all outstanding bills lor public utilities
which constitute liens upon said property,
all restrictive covenants, easements,
rights-of-way and ony other matters ot
record superior to said Security Deed To
the best of the knowledge and belief of
the undersigned, the party in possession
ol the property is Clyde Jester ond
Angela Jester or tenant |s)
GE Capital Mortgage Services, Inc
as Attorney in Foct for
Clyde S Jester and Angela D Jester
Contact Mary A Colemon (ext)
Morris, Schneider & Prior, 11 C
3300 N E Expressway. Suite 88
Atlanta, Georgia 3034)
(770)234 9181
MSP File No 156 975469/mac
This low firm is attempting to collect o
debt Any information obtained will be
used lor mat purpose
5 18 5/6-5-27
- —4 4—B 11 I *
nonet or umwr rowtr
Georgia, Houston County
By virtue ol a Power ol Sole contained
in that cerlom Security Deed from
Franklin Foulkner ond Shirley Foulkner to
Foundation Funding Group Inc , doled
March 21,1997, recorded in Deed Book
1329, Poge 102, Houston County,
Georgia Records, said Security deed
having been given to secure a Note ol
even date m the original principal
amount of Fifty-Four Thousand Six
Hundred ond 00/100 Dollars
($54,600 00) with interest thereon as
provided for therein said Security Deed
having been fas sold assigned and irons
ferroa to Notional City Mortgage Co
fhete will be sold ot public outcry to the
highest biddei for cash before the court
house dooi of Houston County Georgia
within the legal hours of sale on the first
Tuesday in June 1998 the following
described property
All that troct or porcel of fond situate
fyma ond being in lond lot 1 20 of the
'oth District Houston County Georgia
bemg designated as lot 5 Block D
Section 2 Phase !, lake Joy Village as
shown on that certoin plat or survey pre
pared by Richard L Jones, dated
Novemoei 29 1993, and recorded in
Plat Book 45 page 32 Clerk s Office
Houston Superior Court, soid plot of sur
vey and the recorded copy thereof are
hereby made o part of this description by
reference thereto for all purposes
Said property n commonly known os
109 Sunnybrook Drive Perry, GA
3’069
The ndebtedness secured by soid
Security Deed has been and is hereby
declared due because of defoult under
terms of said Security Deed and Note
■ncludmg but not limited to the nonpay
ment of the ndebtedness as and when
due The indebtedness remaining in
default this sale will be made for the pur
pose of paying the same alt expenses of
the sate including attorney s fees ond all
other payments provided for under the
terms of the Security Deed and Note
Sa>d property will be soid subject to
the following items which moy affect the
title to soid property all zoning ordi
nonces matters which would be dn
closed by an accurate survey or by an
mspection of the properly any outstond
mg toxes including but not limited to od
volorem taxes which constitute liens
upon soid property special assessments
all outstanding bills lot public utilities
which constitute liens upon said property
all restrictive covenants easements
nghts-oiway and any other matters of
record superior to said Security Deed To
the best of the knowledge and belief of
the undersigned the party in possession
of the property is Franklin Foulkner and
Shirley Faulkner or tenant(s)
National City Mortgage Co
as Attorney m Foct for Franklin
Faulkner and Shirley Faulkner
Contoct Mary A Coleman (ext )
Moms, Schneider & Poor, 11 C
3300 N E Expressway, Suite 8B
Atlanta Georgia 30341
*770) 234 9181
MSP File No 078 9775 13/mac
This law firm is ottemptmg to collect a
debt Any information obtained will be
used for that purpose
5 20 5/6-5/27
Notice of Sale Undor Power
By virtue of the power of sale con
tained in o Deed to Secure Debt by
Kimberly A Threlkeld to Cross Keys
Capital, IP dated July 16 1996 and
filed fot record July 17, 1996 in Deed
Book 1226, Page 310, Houston County,
Georgio records, transferred by Cross
Keys Capital l P to CIT Group/Sales
Financing. Inc by Assignment filed lor
record August 21, 1996, in Deed Book,
Poge Houston County, Georgia
records, transferred by CIT G'oup/Sales
Financing Inc to by Assignment filed lor
record .in Deed Book Page Houston
County, Georgia records there will be
sold at a public outcry rot cash to the
highest bidder before the Courthouse
door of Houston County, Georgia,
between the legal hours or sale on the
first Tuesdoy in June 1998, by CIT
Group/Soles Financing, Inc as Attorney
m-Foct for Kimberly A Threlkeld the fol
lowing property to-wit All that tract or
porcel of lana shown on Exhibit "A"
attached hereto and made a part hereof
The obove described property is also
known os 208 Centennial Drive, Byron,
GA3IOOB The indebtedness secured by
said Deed to Secure Debt having been
declared due and payable because of
defoult in the payment of the indebted
ness secured thereby, this sale will be
made for the purpose of paying the same
and all expenses of sale, including attor
ney's fees (notice of intention to collect
attorney's lees having been given)
The properly will be sold as the prop
erty ol the aforesoid grantor subject to
the following all prior restrictive
covenants, easements, rights-of-wov or
encumbrances of record. o>l valid zoning
ordinance*, matters which would be dis
closed by an accurate survey ol the prop
erty or by any inspection ol the property,
all outstanding taxes, assessments,
unpaid bids, charges, and expenses that
are a lien agoinst the property whether
due and payable or not yet due and
payable To me best of the undersigned's
knowledge and belief, possession of the
subject property is hela by Kimberty A
Threlkeld
CIT Group/Soles Fmoncina Inc as
Attorney-irvFoct for Kimberly A Threlkeld
Shuping & Morse
By S Andrew Shuping Jr
6259 Riverdole Road Suite 100
Riverdole, Georgia 30274-1698
(770) 991-0000
This law firm is attempting to collect o
debt Any information obtained will be
used for mot purpose
Exhibit 'A"
Page 8B
Kustu tim-Jurat
All mot troct or parcel ol land situate,
lyma and being in land lot 73 of the Fifth
(sth) lond District of Houston County.
Georgio, being known ond designated
os lot 8, Block "A", Phase No 1-8,
American Heritage Subdivision, accord
ing to a plat of survey prepared by lerry
M Scarborough, Surveyor, dated June 7,
1995 and recorded in Hat Book 47,
Pag# 57, Clerks' Office, Houston
Superior Court Said plat and the record
thereof are incorporated herein by refer
ence lor all purposes
Also conveyed herewith is a 1996
Arabi Modular Home, Harentham Model
which is permanently affixed to and part
of the real property described above
5-42 5/6-5/27
-vHvtwT r^HFrOl
By virtue of the power of sale con
tained in a Deed to Secure Debt by Undo
M Tolbert to General Mortgage
Corporation of Americo. A Georgia
Corporation, dated January 29, 1997
ond hied for record January 30, 1997 in
Deed Book 1261, Poge 01-07, Houston
County, Georgia records, transferred by
General Mortgage Corporation of
America. A Georgia Corporation to IMC
Mortgoge Company, Inc by Assignment
filed tor record, in Deed Book, Page
Houston County, Georgia records, there
will be sold at o public outcry lor cash to
the highest bidder before the Courthouse
door of Houston County, Georgio.
between the legal hours ol sale on the
hrst Tuesdoy in June. 1998, by IMC
Mortgage Company, Inc os Attorney-m-
Fact tor Undo M Tolbert the following
property to-wit
All that troct or parcel of land shown
on Exhibit "A" attacned hereto ond made
a part hereof
The above described property is also
known as 210 Peachtree Circle Warner
Robins Georgia 31088
The indebtedness secured by said
Deed to Secure Debt hovmg been
declared due and payable becouse of
defoult m the poyment of the indebted
nets secured thereby this sale will be
mode for the purpose ot paying the same
ond oil expenses of sole, including otto'
ney-s fees (notice of intention to collect
attorney s fees having been given)
The property will be sold os the prop
erty of the aforesaid grantor sub|ect to
the following oil prior restrictive
covenants eosements rights-of-way ot
encumbronces of record oil volid zoning
ordinances matters which would be dts
closed by on accurate survey of the prop
erty or by any inspection of the property
all outstanding taxes assessments
unpaid bills, charges and expenses tha>
are a lien against the property whethe'
due ond payobie or not yet due ond
payable
To the best of the undersigned s
knowledge and belief, possession of the
subiec* property is held by Undo M
Tolbert
iMC Mortgoge Company, Inc
as Attorney-in-Foct for
Undo M Tolbert
Shuping & Morse
By S Andrew Shuping Jr
6259 Riverdole Rood
Suite 100
Riverdole Georgio 30274-1698
(770) 9910000
This law firm is attempting to collect a
debt Any information obtained will be
used for mot purpose
Exhibit 'A'
All that tract or parcel of land lyma
and being in the Fifth land District ot
Houston County Georgia ond m the City
of Warner Robins and bemg known and
designated as lot 6 Block C. of Igmco
Park Subdivision, according to a plat of
record in Plot Book 2 Page 381, ond
Plot Book 4 Poge 232. Clerk's Office of
Houston Superior Court, soid plat is
referred to for the purpose of a more com
plete and occurote description and is
incorporated herein by reference thereto
said property has situate thereon a
dwelling known as 210 Peachtree Circle,
Warner Robins, Georgia
543 5/6-5/27
Notice of Sole Under Power
By virtue of foe Power of Sole con
tamed m mat certoin Deed to Secure
Debt ond Security Agreement (Houston)
(Security Deed) from Polme' Industries,
Inc (Grantor), to ond in favor of South
Trust Bonk of Georgio N A predecessor
thtough merger to South Trust Bank.
National Association (South Trust), dated
Moy 13, 1993, ond recorded ol Deed
Book 1024 Poge 563 Houston County,
Georgia records, soid Security Deed
bemg given to secure thot certain
Revolving Note (Note) doled Moy 13.
1993 from Grantor in the original princi
pal amount ol Three Million ond 00/100
($3,000,000 00| Dollars with interest
thereon from its dote and ot the rate
therein specified os amended by that cer
tom First Modification of Revolving loon
Agreement dated jonuoty 10. 1994 and
as further amended by that certain exten
sion Agreement dated June 1, 1994 and
as further amended by that certain
Second Modification of Revolving Loan
Agreement doted August 1, 1994 and as
further amended by that certain Third
Modification of Revolving Loan
Agreement dated December I, 1994
and as further amended by that certain
Fourth Modification of Revolving loan
Agreement dated June I, 1995 ond as
former amended by that certoin Extension
Agreement dated September 1, 1995
and os further amended by that certain
Second Extension Agreement dated
December 1, 1995 ond os further
amended by that certain Extension
Agreement dated March 15, 1996 and
as further amended by that certain
Modification of Revolving Note and
Revolving loon Agreement dated May 1,
1996 and as further amended by that
certain Modification af Revolving Note
J Revolving loon Agreement dated
July 1, 1996 and as former amended by
thot certoin Modification of Revolving
Note ond Revolving loan agreement
dated October 1, 1996 and as further
amended by that certoin Modification of
Revolving Note ond Revolving loan
Agreement doted January 1, 1997 ond
at further amended by that certain
Modification of Revolving Note ond
Revolving loan Agreement doted April 1.
1997 ond taid Security Deed given to
secure that certoin promissory note doted
Moy 13, 1993, from Grontor to the
order of SouthTrult, in the principal
amount of Eight Hundred Fifty Thou so nd
and no/00 Dollars ($850,000 00) and
that certain promissory note dated May
13, 1993, from Grontor to the order of
South Trust, in the original principal
omount of Two Hundred Thousand and
no/00 Dollars ($200,000 00) (collec
lively, the Notes), there will be sold by the
undersigned ot public outcry to the nigh-
est bidder form cash before the court
house door ot HouOon County, Georgia,
within the legal hours of sale an the hrst
Tuesday m June 1998. the following
described lond, improvements ond per
sonality (collectively, the Premises)
All that troct or porcel of lond lying
ond being in lond lot 199, Fifth lona
District, Warner Robins Houston County,
Georgio, being port of Lot I ond ol of
lot 2 of the Warner Robins Defense
Homes Subdivision, contained 0 580
acre, more or less, and bemg more par
heuloriy described as follows
Beginning at a point marked by a
rebar which is the southwest corner of lot
2 on the easterly rightohwoy line ol
Township Drive comer (50 degree R/W)
ond the common comer of lot 2 ond lot
3, toid point being the Point of
Beginning, thence along the easterly
nani-of-way line of Township Drive north
02 degrees 22'30* west a distance of
202 02' to a point morked by o noil set
which is the beginning ol a curve to the
right, said curve being the transition from
the easterly nght-of-woy line of Township
Drive to this southerly nahtolway line of
Watson Boulevard (R/W vanes), thence
along this curve to the right on ore dis
tance of 20 00' to o nail set said curve
having a chord bearing ol north 20
degrees 33' 12' east, a chord distance of
19 47', ond a radius of 25 00', with
said curve not being tangent to the
southerly nghtof-way line of Watson
Boulevard, thence along the southerly
nghtof-way line of Watson Boulevard,
norm 87 degrees 14 47' east a distance
of 107 43' to a point marked by a noil
set thence along the common boundary
line between lot I and lot 20, ond the
common boundory line between lot 2
and lots 19 and 18. south 02 degrees
2117" east o distance of 220 67' to on
iron pin set (1/2' rebar), thence along
the common boundary line between lot 2
and lot 3 south 87 degrees 37’33" west
a distance of 114 94' to o point marked
by an iron pm set soid point being the
Point of Beginning
This Is the same property conveyed in
deed to Pointer Industries. Inc From Mrs
Claudia F Fickling and Mrs Emily B
Walker dated August, 1978, and record
ed in Deed Boot 532, Poge 726 ond
deed to Polmer Industries, Inc From
Richard A Palmer Sr, Georgia H
Palmer Richard A Polmer Jr ond F C
McCullough doled October 4 1985.
and recorded in Deed Book 697, Poge
511, both of the Deed Records, Houston
County, Georgia
The property above described is the
some property shown on plat prepared
by Donaldson. Garrett 4 Associates Inc
Doted Morch 31,1993
(b) all buildings, structures ond
improvements of every nature whatsoever
now or hereafter situated on, under or
above the lond (the improvements,
together with the land the Property), ond
(c) all easements, rights-of-way. strips and
gores of land, vaults, streets, ways alleys
passages, sewer rights, waters, woler
courses, water rights, minerals, flowers,
shrubs, crops, trees, timber and other
emblements now or hereafter located on
the land or under or obove the same or
any part or parcel thereof and all
estates, rights, titles, interests, tenements,
hereditaments and appurtenances, rever
sions and remainders whatsoever, in any
way belonging, relating to appertaining
to the Property or any part thereof or
which hereafter shall in any way belong,
relate or be appurtenant thereto whether
now owned or hereafter acquired by
Borrower, and (d) all right, title and inter
est of Borrower in all furnishings, furni
ture. fixtures, mochmery, apparatus,
equipment, fittings, appliances building
supplies and materials, vehicles (exclude
ing Borrower's personal automobiles),
chattels, goods, consumer goods form
products, inventory, warranties, chattel
paper documents, accounts, general
intangibles, trade names, trademarks,
servicemarks logos (including any
names or symbols by which the Property
is known) ond gooa will related thereto,
an all other articles of personal property
of every kinds and nature whatsoever
tangible or intangible, now. heretofore or
hereafter arising out of Of related to the
ownership of the Property or acquired
with proceeds of ony loan secured by this
Instrument, or located in, on or about the
Property or used or intended to be used
with or in connection with the construc
tion use operation or #n|oyment of the
Properly /said real and personal prqpertv
referred to m Subsections 1 01 jcl and
Id) toaethei with the Property aemg
hereinafter referred to as the Project) and
(e) all right, title and interest of Borrower
in any and all leases and rental agree
ments now or hereafter affecting the
Projector ony portion thereof (the leases),
provided that this assignment shall not be
construed as a consent by lender to any
on# or more of the leases or ony tenants
thereunder the Tenants), and (f) all
income rents, issues, profits ond rev
enues of the Project from time to time
accruing (including all tenonts security
deposits and oil other tenant deposits,
whether held by Borrower or in a trust
account, and all other deposits and
escrow funds relating to any leases,),
and all the estate, right, title, interest,
property, possession, claim and demand
whatsoever at law, as well as in equity, of
Borrower of, in ond to the same, reserv
mg only the right to Borrower to collect
rent (but not more than one month prior to
accrual) so long as. Borrower is not in
defoult hereunaer, ond (g) all right, title
and interest ol Borrower in to and under
all franchise agreements, management
contract, service contracts, utility con
tracts, leases of equipment, documents
and agreements relating to the construc
tion of any improvements (including ony
ond all construction contracts, architectur
al contracts, designs, plons. specifica
tions, drawings, surveys, tests, reports,
bonds and governmental approvals) ond
all other contracts, licenses ond permits
now or hereafter affecting the project or
ony part thereof and all guaranties and
warranties with respect to ony of the lore
going (the Contracts), provided thot this
assignment shall not be construed as o
consent by lender to any one or mote of
the Contracts, ond (h) oil right, title ond
interest of Borrower in ony insurance poli
cies or binders now or hereafter relating
to the project, including any unearned
premiums ttw noon, and (ij an right, title
ond interest of Borrower in ony ond oil
awards, payments, proceeds ond the
£to receive the some, either before or
ony foreclosure hereunder, as a
result cf ony temporary or permanent
injury or damage to, taking of or
decrease in the value of the Project by
reason of casualty, condemnation or oth
erwise. and (j) ol noht. Mb ond interest
of Borrower in aR uMfor, escrow and ol
other deposits (and oR biters or credit,
(Pleaw Me ne*t page)