Houston home journal. (Perry, Ga.) 1999-2006, December 08, 1999, Page Page 6B, Image 14

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Public Notices Dwight and Salto F Dwight to The Georgia National Bank dated October 30.1997 and recorded In Book 1315 page 432. and arraigned to Tho CIT Group/ Consume/ Finance, Inc. in the Houston County, Georgia Records; the undersigned, The CfT Group/Consumer Finance, Inc, pur suant to said deed and tho note there by secured, has declared the entire amount of said Indebtedness due and payable and pursuant to the power of sale contained In sakf deed, wM on the first Tuesday In January, 2000, during the legal hours of saw at the Courthouse door In Houston County, sell at public outcry to the highest bid der tor cash the property described in said deed to-wM; All that tract or parcel of land situ ate; lying and being In Land Lot 04, Fifth Land District Houston County, Georgia known and designtoed Lot 1, Block *B*, Phase No 1, of a subdivi sion known as Quail Run North, according to a plat of survey prepared as Scarborough Land Burveye; Sur veyor dated September 12, 1966 a copy of which of record in map book 31, page 79, Clerk's Office Houston County Superior Court. Said plat and the recorded copy are hereby made a part of this description by reference thereto for all purposes, which has the property address of 100 Pleasant Ridge, Warner Robins, Ga. 31068 together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, right-of way. easements, protective covenants or restrictions, Kens and other superi or matters of record which may affect said property Notice has been given of intention to collect attorneys' fees in accor dance with the terms of the note secured by sakf deed. Said property will be sold at the property of Wallace Dwight and SalNe F Dwight 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 The CIT Group/Consumer Finance, Inc. as attorney-in-fact for Wallace Dwight and SalHe F Dwight Likens & Btomquist, P.A. (913) 383-3866 This law firm is acting as a debt collector and is attempting to collect a debt. Any information obtained will be used (or that purpose. 12-30 12/8-12/29 Notice of Sato Under Rower Contained In Security Deed State of Georgia, County of Houston. Pursuant to a power of sale con tained in a certain security deed exe cuted by Hugh M. Chapped and Zoei ma T. Chappell, hereinafter referred to as Grantor, with the sinouiar including the plural, to Sduthesstern Mortgage Corporation recorded in Deed Book 1127, beginning at page 64, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attomey-in-toct for the aforesaid Grantor (which attorney in-fact is the present holder of said security deed and note secured there by) will sell before the door of the courthouse in said county within the legal hours of sale, for cash, to tho highest bidder on the First Tuesday of January, 2000, the property which, as of the time of the execution of said security deed; All that tract or parcel of land lying and being in Land Lots 116 and 117 of the Tenth Land District of Houston County, Georgia, being known and designated as Lot 14, Block “C", Glen Oaks Subdivision, according to a plat of survey of record in Plat Book 28, Page 183, Clerk'S Office, houston Superior Court. Said plat and the record thereof are incor porated therein by reference for all purposes. Said sale will be made sub ject to the following items which may affect the title to said property: Ail restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accu rate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liana upon the property; alt outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said proper ty. The sale will be conducted subject to: (I) confirmation that the sale to not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. To the best of the undersigned’s knowtodga and belief, the party in possession of the property is believed to Hugh M. Chappell and Zoeima T. Chappell. Mid First Bank, As Transferee and assignee, As attorney-in-fact for the afore said Grantor Raymond S. Martin Attorney at Law 990 Hammond Drive Suite 800 One Lakeside Commons Atlanta, Georgia 30328 (770)392-0041 This law firm is attempting to col lect the debt described in this adver tisement, and any information obtained will be used for that purpose. 12-31 12/8-12/29 Notice of Safe Under Rawer Contained in Security Deed State of Georgia, County of Houston, Pursuant to a power of sale con tained in a certain security deed exe cuted by Jeffery T. DuMont and Susan L. DuMont, hereinafter referred to as Grantor, with the singular including the plural, to Cameron-Brown Company recorded in Deed Book 720, begin ning at page 49. of the deed records of me Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security dead, the undersigned attomey-in-tact lor the aforesaid Grantor (which attor ney-in-fact is the present holder of •eld security deed and note secured thereby) vrifi sen before the door of the courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the First Tuesday of January, 2000, the property which, as of the time of the execution of said sacurity deed, AH that tract or parcel of land situate, lying and being in Land Lot 194 of the fifth land district of Houston County, Georgia, being known and designated as Lot 4, Block T, Section No. 3, Cherokee Hills Sub division. according to a plat of survey prepared by Waddle Surveying Co., Inc., dated April S, 1963, and recorded in Map Book 8. Page 144, Cleric's Office. Houston Superior Court. Said plat and the recorded copy thereof are hereby mads a part of this description by reference thereto for all purposes. Said sale will be made subject to the following items which may affect the tills to said property: All restrictive covenants, easements and rights-of way appearing of record, if any; all zoning ordinances; matters which would be disekwed by an accurate survey or by an inspection of the prop erty; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid biNs and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be Kens upon said proper ty. The sale will be conducted subject to; (I) confirmation that the sale is not prohibited under the US. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. To the best of the undersigned's knowledge end belief, the party in possession of the property is believed to Jeffery T. DuMont and Susan L. DuMont. Mid First Bank, successor to Mid- First Bank, State Savings Bank, As Transferee and assignee, As attorney-in-fact for the afore said Grantor Raymond S. Martin Attorney at Law 990 Hammond Drive Suite 800 One Lakeside Commons Atlanta, Georgia 30328 (770) 392-0041 THis law firm is attempting to col lect the debt described in this adver tisement, and any information obtained will be used for that purpose. 12-32 12/8-12/29 Notice of Sate Under Power Contained In Security Deed Slate of Georgia, County of Houston Pursuant to a power of sale con tained in a certain security deed exe cuted by Robyn O. Goodwin, here inafter referred to as Grantor, with the singular including the plural, to First Greensboro Home Equity, Inc. record -1308, beginnjrjgjat • page 'SStrrbrthe-deed records onhe Clerk of the Superior Court of the aforesaid state and county, and by virtue of e default in the payment of the debt secured by said security deed, the undersigned attorney-in-fact tor the aforesaid Grantor (which Attor ney-in-fact is the present holder of said security deed and note secured thereby) will sell before the door of the courthouse in said count within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in January 2000, the property which, as of the time of the execution of said security deed, was described as set forth in this description: AN that tract or parcel ot land lying and being in Land Lot 216. Thirteenth Land District, Houston County, Geor gia, being Parcel *8” containing 2.268 acres as shown on Plat of Survey recorded in Plat Book 47, Page 186, Houston County Georgia Records. The plat and record thereof are incor porated herein and made a part here of. This conveyance is made subject to all zoning ordinances, easements and restrictions of record, if any Deed Reference: Deed Book 1251, page 782, said Clerk’s Office. Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of way appearing of record, if any, all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the prop erty; ail outstanding and/or unpaid taxes which may be liens upon the property; ail outstanding or unpaid bids and assessments tor street Improvements, curbing, garbage, water, sewage and public utilities which may be Kens upon said proper ty. To the best of the undersigned s knowledge and belief, the party in possession of the property is believed to be Robyn O. Goodwin. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and )2) to final confirmation and audit of the status of the loan with the holder of the security deed. First Greensboro Home Equity, Inc. As transferee and assignee As attorney-in-fact for the afore said Grantor J. Michael Campbell Attorney at Law 990 Hammond Drive Suite 800 One Lakeside Commons Atlanta, Georgia, 30328 (770) 392-0041 This law firm is attempting to col lect a debt, and any information obtained will be used for that purpose. 12-33 12/8-12/29 Notice of Bate Under Power Georgia, Houston County Under and by virtue of the power of sale contained in a Security Deed given by Fouad Saud Waked to Brian W. Gilbert and Gloria J. Gilbert dated March 6. 1998, recorded in Deed Book 1339, Pages 769-772, Houston County, Georgia Records, conveying the afore-described property to secure a note in the original principal amount of fifty-nine thousand and no one-hundred dollars (359.000.CX)) 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 January, 2000, the following described property” That certain city lot with improve ments thereon located in the City a* Perry, Houston County, Georgia and known as 1026 Ball Street and being more particularly described as being that certain lot that fronts in a wester ly direction on the east side of Ball Street and is bounded on the west by Ball Street, north by property of Mamie G. Muse, east by property of Marjorie C. Andrew, and on the south by an alley. 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 ot 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 hav ing been given.) Said property will be sold subject to a security deed given by Brian W. Gilbert to Downtown Development of the City of Perry dated July 1, 1986, recorded in Deed Book 725, Page 615, Office of the Clerk of the Superi or Court of Houston County, Georgia. Said property will be sold subject to any outstanding ad valorem (including taxes which are a lien, but not yet due and payable), any matters that might be disclosed by an accurate survey and inspection of the property, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in pos session of the property is Fouad Saud Waked and the prorarty is commonly known as 1026 Bail Street, Perry, Ga., 31069. Brian W. Gilbert and Gloria J. Gilbert as attorney in fact for Fouad Saud Waked John W. Geiger Geiger & Geiger, P.C. 1007 Jemigan St. Perry, Ga., 31069 # 7259 (912) 987-2952 12-34 12/8-12/29 [Store No. 309] Notice of Sale Under and by virtue of the terms of that certain Pledge and Security Agreement dated November 3, 1997 by and between CR-One Partnership, Ltd. (the “Debtor”) and Franchise Mortgage Acceptance Company LLC (“Secured Party), pursuant to the applicable provisions ot the Uniform Commercial Code including, without limitation, U.C.C. § 9-504 et. Seq.., Secured Party, as secured creditor and attomey-in-tact for the Debtor, will on January 4, 2000 sell at public out cry to the highest and best bidder all of Debtor's right, title and interest in and to all of the following property (collectively the “Property"): All goods, including, without limita tion, all inventory held by Debtor for sale or lease or to be furnished under contracts of service, all inventory so furnished by Debtor, all raw materials and work in process, and all materials used or consumed in Debtor’s busi ness of operating a restaurant at 120 N. Houston Road, Warner Robins, Ga., 30392 as a franchisee (the “Busi ness") and all documents of title cov ering any inventory, and all equipment and other goods used or bought tor use primarily in the Business, includ ing, without limitation, machines, com puters, fixtures, furnishings, furniture, appliances, tools and supplies and the like employed in connection with the Business, together, with all additions, attachments, accessions thereto, all replacements, improvements and bet terments thereof and all substitutions therefore; all general intangibles, including, without limitation, ail agree ments, contracts, writings, memoran da, confirmations, passbooks, signa ture cards, acknowledgements, understandings, contract rights, licenses, leases, permits, filings, con sents, and approvals, and all puts, calls, options, warrants, and securi ties, and all. security interests, patents, inventions, processes, lists (including customer and supplier lists), methods, and information (including proprietary information, director and shareholder, sales, busi ness, financial, accounting, forecasts, projections, media and other informa tion), know how, software, programs, plans, data, blueprints, designs, draw ings. surveys, notices, copyrights, trademarks, trade names, trade secrets, service marks, service names, logos and goodwill, and all recordings and registrations thereof, applications for recording or registra tion, renewals, modifications, supple ments, reissues, continuations, exten sions, divisions thereof and rights cor responding thereto, and all manuals, standards, practices, mail, advertise ments, files, reports, books, catalogs, records, journals, invoices, and bills, and all rights (including voting rights, rights to receive notice or to consent, rights to payment, interest, dividends, distributions or earnings, rights to sue and enforce), powers (including pow ers of attorney), privileges, benefits, and remedies relating thereto or aris ing in connection therewith, but specif ically excluding the franchise agree ment pursuant to which Debtor oper ates the Business and Debtor's license to use trademarks there under (collectively, the “Franchise Agree ment"); ail accounts, certificates of title, fixtures, money, instruments, securities, documents, chattel paper, deposits, credits, claims, demands and other personal property owned, acquired, held, used, sold or con sumed in connection with the Busi ness and any other property, rights and interests of Debtor which relate to, arise out ot or in connection with the foregoing; all additions thereto. Wed., Dec. 8. 1999 substitutions therefore and replace ments thereof; all interest, income, dividends, distributions and earnings thereon or other monies or revenues derived therefrom, including any such property received in connection with any disposition of the Franchise Agreement and ail moneys which may -become payable under any policy insuring the foregoing (including return of unearned premium); and all income, products and proceeds of the foregoing. The Property consists of goods, inventory, equipment, intangibles, accounts and other personal property which are owned by the Debtor and in which Secured Party holds a lien and security interest. The Property will be sold as one unit. The sale will be held before the courthouse door of Hous ton County, Georgia, and will com mence at 2:00 p.m. on Tuesday December 7, 1999. Ail persons attending will be given the opportunity to bid on a competitive basis. Terms of the sale: cash, to be paid by the highest bidder immediately upon the closing of the bids. The Prop erty will be sold subject to taxes and special assessments, if any. Secured Party retains the right to purchase the Property through a cred it to certain of the indebtedness owing to it by Debtor. Franchise Mortgage Acceptance Company, as successor by merg er to Franchise Mortgage Acceptance Company LLC, as agent and attorney-in-fact tor CR-One Part nership, Ltd. Diane S. White, Esq. King & Spalding 191 Peachtree Street, 49th Floor Atlanta, Georgia 30303 (404) 572-4600 12-35 12/8-12/29 Notice of Sale Under Power Georgia, Houston County By virtue of a Power of Sale con tained in that certain Security Deed from Kimbel Tripp to TMS Mortgage Inc., dba The Money Store, dated May 15, 1999, recorded in Deed Book 1452, Page 647, Houston County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of fifteen thousand seven hun dred and no/100 dollars ($15,700.00) with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Hous ton County, Georgia, within the legal hours of sale on the first Tuesday in January 2000 the following described property: Ail that tract or parcel of land in Houston County, State of Georgia, as more fully describe din Deed Book 1364, Page 586, ID # 100/E/12E, being known as designated as Lot 18, Bock B, Section 2, Phase 5, Idlewood Acres, filed in Plat Book 23, Page 85. Said property is commonly known as 112 Foxwood Court, Bonaire, Ga., 31005. ? The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this ale will be made for the purpose of paying the same, all expenses of the sale, includ ing attorney’s fees and all other pay ments provided for under the terms of the Security Deed and Note, Said property will be sold subject to the following terms which may affect the title to said property: all zon ing ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record supe rior to said Security Deed To the best of the knowledge and belief of the undersigned, the party in possession of the property is Kimbel Tripp or ten ants). TMS Mortgage Inc., d/b/a The Money Store As Attorney in Fact for Kimbel Tripp Amy Saliba (ext. 117) Morris, Schneider & Prior, L.L.C. 3300 N.E. Expressway, Suite 8B Atlanta, Georgia, 30341 (770) 234-9181 MSP File No. 428.995374/acs This law firm is attempting to col lect a debt. Any information obtained will be used for that purpose. 12-36 12/8-12/29 Notice of Foreclosure Georgia, Houston County Under and by virtue of that power of sale contained in that certain deed to secure debt from David Lee Harris Sr., of Houston County, Georgia, to the Bank of Eastman, of Dodge Coun ty, Georgia, dated May 29, 1996, and recorded in the Office of the Clerk of Houston County Superior Court in Deed Book 1216, Pages 518-519 the undersigned will sell at public outcry before the Courthouse Door in the County of Houston, City of Perry, Georgia, between the legal hours of sale to the highest and best bidder for cash on the first Tuesday in January 2000. the following described property to wit: All that tract or parcel of land situ ate, lying and being in Land Lot 120 of the Tenth Land District of Houston County, Georgia, being known as Lot 18. Block “A", Lake Joy Village. Sec tion 1, Phase 2 according to a plat of survey prepared by Jones Surveying Company, said plat of survey dated December 12, 1990, and recorded in Plat Book 40 Page 9, Clerk's Office, Houston Superior Court. Said plat of survey and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. The above described prop erty is conveyed subject to Protective Covenants of record in Deed book 917, Pages 152-161, Clerk's Office. Houston Superior Court. Page 6B Houston Horn Journal Said deed was given to secure the payment of a promissory note in the principal sum of $11,456.50 as well as any other debts now owing or here inafter incurred by David Lee Harris, Sr to the Bank of Eastman, it’s suc cessors or assigns, together with all extensions and renewals thereof in whole or in part whether evidenced by a new note, extension agreement or otherwise. The said David Lee Harris Sr. hav ing defaulted in the payments due on said note, the Bank of Eastman has declared the entire indebtedness secure by said deed to secure debt due and payable and the power of sale contained in said deed has become operative. The undersigned, through its attor ney at law, has given notice to bind the make of said deed to secure debt and note for attorneys fees in the amount of Fifteen (15%) percent of the princi pal and interest all as provided for in said deed to secure debt and attor neys fees will be claimed. The proceeds of sale will be applied first to the payment of all debts secured by said deed secured debt, all unpaid taxes and assessments and expenses of sale, including attorney's fees and the remainder, if any, will be paid to the person or persons legally entitled thereto. This the 6th day of December, 1999. Bank of Eastman By and through it’s attorney: John P. Harrington Of Smith and Harrington P.O. Drawer 130 Eastman, Georgia 31023 12-46 12/8-12/29 State of Georgia County of Houston Notice of Sale Under Power Morrison, Edward H. FHA 101-7825215-703 GHFA 5417802954 Loan #5490 Because of a default in the pay ment of the indebtedness secured by a Security Deed executed by Edward H. Morrison to Unity Mortgage Corp. dated October 2, 1997, and recorded in Deed Book 1309, Page 685 , Hous ton County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Georgia Housing and Finance Authority by assignment dated October 2, 1997 and recorded in Deed Book 1309, Page 695, aforesaid records, securing a Note in the original principal amount of $54,570.00, the holder thereof pur suant 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, January 4, 2000, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bid der for cash, the property described in said Deed, to-wit: All that tract or parcel of land situ ate, lying and being in Land Lot 232 of the 13th District, City of Perry, Hous ton County, Georgia, being known and designated as Lot 2, Cater Subdivi sion Extension No. 2, as more particu larly shown on a plat of survey pre pared by Lee R. Jones, Surveyor, dated May 10, 1997, and recorded in Plat Book 51, page 118, Clerk’s Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto. Said property is known as 625 Tolleson Avenue , Perry, Ga. 31069. together with all fixtures and personal property attached to and constituting a part of said property, if any. 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), the right of redemption of any taxing authority, 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 The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorney’s tees in accor dance with the terms of the Note secured by said Deed. Said property will be sold as the property of Edward H. Morrison, the property, to the best information, knowledge and belief of the under signed, being presently in the posses sion of Edward H. Morrison , and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's tees, all as provid ed in said Deed, and the balance, if any, will be distributed as provided by law. Georgia Housing And Finance Authority as Attorney-in-Fact for Edward H. Morrison File no. 99-3503 L, J. Swertfeger Jr. Shapiro & Swertfeger* Attorneys and Counselors at Law 3300 Northeast Expressway Suite 5-C Atlanta, Georgia 30341-3941 (770) 220-2730/md '"The law firm is acting as a debt collector. Any information obtained will be used for that purpose. 12-47 12/8-12/29 State of Georgia County of Houston Notice of Sale Under Power Spencer, John D. and Cathleen J, FHLMC 0268204551 Loan #0800037622 Because of a default in the pay ment of the indebtedness secured by a Security Deed executed by John D. Spencer and Cathleen J. Spencer to Houston Federal Savings And Loan Association dated October 8, 1986, and recorded in Deed Book 738, Page 578 . Houston County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Union Planters Bank, NA by assign ment, securing a Note in trie original principal amount of $66,400.00, 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 con tained in said Deed, will on the first Tuesday, January 4, 2000, during the legal hours of sale, before the Court house door in said County, sell at pub lic outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land situ ate, lying and being in Land Lot 137 of the Fifth (sth) Land District of Houston County, Georgia, being known and designated as Lot 27, Block “G", Sec tion No. 3, Forest Glen Subdivision, according to a plat of said Subdivision which is of record in Plat Book 24, page 13, Clerk’s Office, Houston Superior Court. Said recorded plat is incorporated herein by reference for all purposes. Said property is known as 102 Pine Glen Court , Centerville, Ga. 31028, together with all fixtures and personal property attached to and constituting a part of said property, if any. 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), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection o< the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorney’s fees in accor dance with the terms of the Note secured by said Deed. Said property will be sold as the property of John D. Spencer and Cathleen J. Spencer, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of John D. Spencer and Cathleen J. Spencer , and the proceeds of said sale will be applied to the payment of said indebt edness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the bal ance, it any, will be distributed as pro vided by law. Union Planters PMAC, Inc. as Attorney-in-Fact for John D. Spencer and Cathleen J. Spencer File no. 99-3593 L. J. Swertfeger Jr. Shapiro & Swertfeger* Attorneys and Counselors at Law 3300 Northeast Expressway, Suite 5- G M .Atlanta, Georgia 30341-3941 (770) 220-2730/lr *The law firm is acting as a debt collector. Any information obtained will be used for that purpose. 12-48 12/8-12/29 Notice of Sale Under Power By virtue of the power of sale con tained in a Deed to Secure Debt by Brenda L. Wilson to Taylor, Bean & Whitaker Mortgage Corp., dated Sep tember 11, 1995 and filed for record September 18, 1995 in Deed Book 1168, Page 767, Houston County, Georgia records, and securing a Note in the original principal amount of $46,400.00, Houston County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Hous ton County, Georgia, between the legal hours of sale on the first Tuesday in January 2000, by Taylor, Bean & Whitaker Mortgage Corp. as Attorney in-Fact for Brenda L. Wilson the fol- i lowing property to-wit: All that tract or parcel of land lying and being in Land Lot 120 of the Tenth Land District of Houston County, Georgia, being known and designated r as Lot 19, Block “A”, Lake Joy Village Subdivision, Section 1, Phase 2, according to plat of survey of record in Plat Book 40, Page 9, Clerk's Office, Houston Superior Court. Said plat and the record thereof are incorporat ed herein by reference for all purpos es. The above described property is also known as 137 Village Blvd., PerTy, Ga. 31069. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebt edness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, includ ing attorney's fees (notice of intention to collect attorney’s fees having been given). The property will be sold as the property of the aforesaid grantor sub ject to the following: ail prior restrictive covenants, easements, rights-of-way or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey ot the property or by any inspection of the property; all out standing taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable. To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Brenda L. Wilson . Taylor, Bean & Whitaker Mortgage Corp. as Attorney-in-Fact for Brenda L. Wilson Shuping, Morse & Ross, LLP By: S. Andrew Shuping Jr. 6259 Riverdale Road Suite 100 Riverdale, Georgia 30274-1698 (770) 991-0000 This law firm is attempting to col lect a debt Any information obtained will be used for that purpose. Please see next page