Houston home journal. (Perry, Ga.) 1999-2006, December 24, 2002, Page PAGE 7B, Image 19

Below is the OCR text representation for this newspapers page.

DECEMBER 24, 2002 Under and by virtue of the Power of Sale contained in a Security Deed given by Marvin A. Fowler and Debra J. Fowler to Ford Consumer Finance Co., Inc., dated August 21, 1997, recorded in Deed Book 1301, Page 690, Houston County, Georgia Records, conveying the after described property to secure a Note in the original principal amount of FORTY-NINE THOUSAND EIGHTY THREE AND 62/100 DOLLARS ($49,083.62), 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, 2003, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A": All that tract or parcel of land situate, lying and being in the City of Perry, Houston County, Georgia, being known and designated as Lot 19, Andrew Heights Subdivision, according to a plat of sur vey prepared by T.F. Flournoy, Surveyor, in October 1941, a copy of said plat being of record in Map Book 1, Page 326, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by ref erence thereto. Deed references: Deed Book 1123, Page 186, aforesaid records. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to col lect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances, zoning ordinances, restric tions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in posses sion of the property is Marvin A. Fowler and Debra J. Fowler or a tenant or ten ants and said property is more com monly known as 713 Charlse Drive, Perry, GA 31069. 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 audit'of the status of the foan wrfh the" holder of the security deed. CitiFinancial Mortgage Company sbm Ford Consumer Finance Co., Inc. as Attorney in Fact for Marvin A. Fowler and Debra J. Fowler Daniel D. Phelan, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net DDP/jj 1/7/03 Our file no. 5706202-FTB THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-53 12/12-1/2 NOTICE OF SALE UNDER POWER STATE OF GEORGIA, COUNTY OF HOUSTON CLINE, DENNIS E. AND SHARON D. FHA 101-5627648 Because of a default in the payment of the indebtedness secured by a Security Deed executed by Dennis E. Cline and Sharon D. Cline to Southeastern Mortgage Corporation dated March 29,1991, and recorded in Deed Book 911, Page 621, HOUSTON County Records, said Security Deed having been last sold, assigned, trans fered and conveyed to G.E. Capital Mortgage Services, Inc., now G.E. Mortgage Services, LLC, by assign ment dated August 2, 1995, and recorded in deed Book 1166, Page 690, aforesaid records, securing a Note in the original principal amount of $63,785.00, 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 7, 2003, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-it: All that tract or parcel of land situate, lying and being in Land Lot 193 of the Fifth Land District of Houston County, Georgia, known and designated as Lot 2, Block "B", Section No. 3, Hillcrest Heights Annex Subdivision, according to a plat of survey of said subdivision prepared by Waddle Surveying Co., Inc., dated July 8, 1963, a copy of which is of recorded copy thereof are hereby made a part of this description by reference thereto. A copy of which is of record in Plat Book 8, page 188, Clerk's Office, Houston Superior Court. Said property is known as 102 Grenada Terrace , Warner Robins, GA 31088, 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 assess- ments, 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 accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Dennis E. Cline and Sharon D. Cline, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Dennis E. Cline and Sharon D. Cline , and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attor ney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. G.E. Mortgage Services, Uc formerly G.E. Capital Mortgage Services, Inc. as Attomey-in- Fact for Dennis E. Cline and Sharon D. Cline File no. 02-5070 L. J. SWERTFEGER, JR., SHAPiRO & SWERTFEGER*, Attorneys and Counselors at Law, 3300 Northeast Expressway-Suite 5-C, Atlanta, Georgia 30341-3941 (770)220- 2730/DV www.swertfeger.net •THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] 12-54 12/12-1/2 NOTICE OF FORECLOSURE GEORGIA, HOUSTON COUNTY WHEREAS, heretofore on June 26, 1987, Fernando G. Hernandez, Jr. and Susan M. Hernandez, in order to secure a note of even date therewith, did execute to FIRST FEDERAL SAV INGS AND LOAN ASSOCIATION OF WARNER ROBBINS, a certain securi ty deed to the following property: All that tract or parcel of land lying and being in Land Lot 223 of the Fifth Land District of Houston County, Georgia, being known and designated as Lot 2, Block C, Section No. 1, Spring Hill Estates Subdivision, according to a plat of survey prepared by Waddle Surveying Co., Inc., dated November 9, 1966, and recorded in Plat Book 10, Page 194, Clerkfs Office, Houston Superior Court. The said plat and the record thereof are incorporated herein by reference for all purposes. All fixtures now ,or hereafter attached to or used in connection with the premises herein described and in addition thereto the following described household appliances, which are, and shall be deemed to be, fixtures and a part of the realty, and are a portion of the security for the indebt edness herpin .mentioned: Range/Oven, Dishwasher, Fan/Hood. All as shown by a security deed recorded in the Office of the Clerk of the Superior Court of Houston County, Georgia in Deed Book 773, Page 507, which Note and Security Deed were last transferred to Citizens First Bank by assignment to be recorded in the Office of the Clerk of the Superior Court of Houston County, Georgia; and WHEREAS, said note is now in default and the undersigned elects to declare the entire note, principal and interest now due; NOW THEREFORE, according to the terms of said security deed and the laws in such cases made and provid ed, the undersigned will expose for sale to the highest and best bidder for cash, the above described lands, after proper advertisements, on the first Tuesday in January, 2003, between the legal hours of sale before the Courthouse door in Houston County, Georgia. The proceeds of said sale will be used first to the payment of expenses of said sale including those attorney's fees provided by said secu rity deed and/or that note secured thereby, the payment of said note, prin cipal and interest, and the balance, if any, will be distributed as provided by law. Said property will be sold subject to any outstanding ad valorem taxes including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances, zoning ordinances, restric tions, covenants, and matters of record superior to the security deed first set out above. To the best knowledge and belief of the undersigned the party in possession of the property is Fernando G. Hernandez, Jr. and Susan M. Hernandez or a tenant or tenants and said property is more commonly known as 103 Audubon Way, Warner Robins, Georgia 31088. This 10th day of December, 2002. CITIZENS FIRST BANK ATTORNEY IN FACT FOR FERNANDO G. HERNANDEZ, JR. AND SUSAN M. HERNANDEZ BY: BRINSON, ASKEW, BERRY, SEIGLER, RICHARDSON & DAVIS, LLP, 615 WEST FIRST STREET, ROME, GEORGIA 30162 (706) 2918853 12-55 12/12 - 1/2 FORECLOSURE ADVERTISEMENT GEORGIA, HOUSTON COUNTY Will be sold before the Courthouse door in Houston County, Georgia dur ing the legal hours of sale on the first Tuesday in January, 2003 under trfe power of sale contained in a Security Deed from Robin Massey and Kelly Massey to Southern Timber Company, dated November 24,2001, recorded in Deed Book 2046, Pages 46, Clerk's Office of Houston Superior Court, the following described property: All that tract or parcel of land lying and being in Land Lot 71 of the 12th tElf* pLmston jMume SJntmtal Land District of Houston ( County, Georgia, being known as Lot 3, con sisting of 5.18 acres, according to a plat of record, entitled "KING FARM", prepared by Brent Cunningham & Co., Inc., GRLS, dated June 7, 2001, recorded in Flat Book 57, Pages 170, Clerk's Office of Houston Superior Court. Said plat is referred to for the purpose of a more Complete and accu rate description and is incorporated herein by reference thereto. Default occurred in the payment of said installments contained in said Security Deed and note whereupon the power of sale became operative. Sale will be held, deed made and the proceeds distributed in strict com pliance with said Security Deed and Note. Robin Massey and Kelly Massey were given notice as provided for by law in order to enforce the payment of attorneys fees and were mailed a copy of the foreclosure advertisement on November 14, 2002 by certified mail return receipt requested as provided for by Georgia Law. The above described property is in the possession of Robin Massey and Kelly Massey to the best of the under signed's knowledge and belief. Said sale will be held subject to any and all outstanding ad valorem taxes and/or assessments if any. This the 14th day of November, 2002. Southern Timber Company Attorney in fact for Robin Massey & Kelly Massey ADAMS & ADAMS, 155 College Street, Macon, GA. 31201 12-56 12/12 - 1/2 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HOUSTON LARKPOR, LEOFRANDUAH Y. AND AUDREY VA LH-704391 -GA GNMA 8006969755 Because of a default in the payment of the indebtedness secured by a Security Deed executed by Leofranduah Y. Larkpor and Audrey T. Larkpor to Security National Bank dated February 2, 1999, and recorded in Deed Book 1427, Page 674, HOUS TON County Records, said Security Deed having been last sold, assigned, transfered and conveyed to Fleet Mortgage Corp. now Washington Mutual Bank, FA, by assignment dated February 2, 1999, and recorded in Deed Book 1427, Page 684, aforesaid records, securing a Note in the original principal amount of $94,860.00, 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 7, 2003, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in- S3id . Deed, to-wit: All that tract or parcel of land situate, lying and being in Land Lot 159 of the Tenth (10th) Land District of Houston County, Georgia, being known and designated as Lot 5, Block "E", Section No. 7, of a Subdivision known as Settler's Landing, according to a plat of said subdivision of record in Plat Book 46, Page 80, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by ref erence thereto for all purposes. Said property is known as 208 Settlers Trail, Warner Robins, GA 31088, together with all fixtures and personal property attached to and con stituting 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 assess ments, 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 accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Leofranduah Y. Larkpor and Audrey T. Larkpor, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Leofranduah Y. Larkpor and Audrey T. Larkpor, 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 fees, all as provided in said Deed, and the bal ance, if any, will be distributed as pro vided by law. Washington Mutual Bank, Fa f/k/a Washington Mutual Home Loans, Inc. successor by merg er in interest to Fleet Mortgage Corp. as Attomey-in-Fact for Leofranduah Y. Larkpor and Audrey T. Larkpor File no. 02-4537 L. J. SWERTFEGER, JR., SHAPIRO & SWERTFEGER*, Attorneys and Counselors at Law, 3300 Northeast Expressway-Suite 5-C, Atlanta, Georgia 30341-3941 (770)220- 2730/HG www.swertfeger.net •THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] 12-57 12/12 - 1/2 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Larry J. Moss and Angela L. Moss to Sun Trust Bank, Middle Georgia, N.A., dated December 16, 1998, recorded in Deed Book 1415, Page 77, Houston County, Georgia Records, as last transferred to Sun Trust Mortgage, Inc. by assign ment to be recorded in the Office of the Clerk of Superior Court of Houston County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount Of ONE HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED FIFTY AND 0/100 DOLLARS ($159,550.00), with interest thereon as set forth there in, 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, 2003, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A": All that tract or parcel of land situate, lying and being in Land Lot 97 of the Tenth Land District of Houston County, Georgia, known and designated as Lot 14, Block "B”, Section No. 2, of a subdivision known as THE BRYSON according to a plat of survey of said subdivision prepared by Story & Company, Inc., certified by Robert L. Story, Georgia Registered Land Surveyor No. 1853, dated March 11, 1997, a copy of which is of record in Map Book 50, Page 156, Clerk's Office, Houston Superior court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. The above-described property is conveyed subject to Protective Covenants Covenants as contained in instrument of record in Deed Book 1263, Pages 435-442, Clerk's Office, Houston Superior Court; amended by instrument of record in Deed Book 1272, Pages 568-569, Clerk's Office, Houston Superior Court; also, subject to easements and right-of-way for pub lic roads and utilities as they now exist, and building lines and other matters shown on the aforesaid recorded plat of survey. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and ail expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to col lect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances', idriing ordinances,' restric tions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in posses sion of the property is Larry J. Moss and Angela L. Moss or a tenant or ten ants and said property is more com monly known as 206 Scottsburg Drive, Warner Robbins, GA 31088. 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. Sun Trust Mortgage, Inc. as Attorney in Fact for Larry J. Moss and Angela L. Moss Daniel D. Phelan, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net DDP/sap 1/7/03 Our file no. 5430202-FT7 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-61 12/12-1/2 NOTICE OF SALE Because of default in payment of indebtedness secured by a deed to secure debt executed by JOSEPH M. McNEIL to THE BANK OF PERRY, dated June 27, 1994 and recorded in Deed Book 1104, pages 607-608, Clerk's Office, Houston Superior Court, the undersigned THE BANK OF PERRY, pursuant to the power of sale contained in said security deed, will, on the first Tuesday in January , 2003, during the legal hours of sale, at the courthouse door in Perry, Houston County, Georgia, sell at public outcry to the highest and best bidder for cash the property described in said deed, to wit: All that tract or parcel of land situate, lying and being in Land Lot 79 of the Tenth Land District of Houston County, Georgia, known and designated as Lot 1, Block Af, North Park Place Subdivision according to a plat of sur vey of said subdivision prepared by Jones Surveying Company, dated November 23,1987, a copy of which is of record in Map Book 34, page 96, Clerkfs Office, Houston Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto. Said property will be sold subject to all easements, restrictions and the out standing ad valorem taxes and/or assessments, if any. To the best of the undersigned's knowledge and belief, JOSEPH M. McNEIL is in possession of the proper ty- A deed will be made by the under signed to the purchaser at said sale. The proceeds of said sale will be applied as provided in said deed to secure debt. THE BANK OF PERRY as Attorney in fact for JAMES M. McNEIL DANIEL, LAWSON, TUGGLE & JERLES, POST OFFICE BOX 89, PERRY, GEORGIA 31069 12-63 12/12-1/2 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Nathaniel Lee to Trust Company Bank of Middle Georgia, N. dated March 23, 1994, recorded in Deed Book 1088, Page 513, Houston County, Georgia Records, conveying the after-described property to secure a Note in the original princi pal amount of FORTY-ONE THOU SAND SEVEN HUNDRED FIFTEEN AND 0/100 DOLLARS ($41,715.00), with interest thereon as set forth there in, 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, 2003, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A": All that tract or parcel of land situate, lying and being in Land Lot 189 of the Fifth (sth) Land District of Houston County, Georgia, being known and designated as Lot 14, Block "N", Section "V", Phase No. 2, United Estates Subdivision, according to a plat of survey of said subdivision prepared by S.J. Gostin Company, Inc., Surveyor, dated September 8, 1969, a copy of which is of record in Plat Book 13, Page 131, Clerk's Office, Houston Superior Court. Said plat and the record thereof are incorporated herein by reference for all purposes. The above described property is conveyed subject to Restrictive Covenants of record in Deed Book 331, Pages 183-188; as amended in Deed Book 335, Pages 31-33, Clerk's Office, Houston Superior Court. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to col lect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances, zoning ordinances, restric tions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in posses sion of the property is Nathaniel Lee or a tenant or tenants and said property is more commonly known as 501 Carolina Avenue, Warner Robins, GA 31093. 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. Sun Trust Mortgage, Inc. fka Trust Company Bank of Middle Georgia, N.A. as Attorney in Fact for Nathaniel Lee Daniel D. Phelan, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net DDP/jj 1/7/03 Our file no. 52262502-FTB THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-64 12/12 - 1/2 NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by John M. Evans, Jr. and Jimmie Kaye Evans, to National Mortgage Investments Co., Inc., dated December 31,1992, recorded in Deed Book 1003, Page 339, Houston County, Georgia Records, as last transferred to Bank of America, NT & SA by assignment recorded in Deed Book 1265, Page 154, Houston County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount Of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth there in, 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, 2003, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A": All that tract or parcel of land lying and being in Land Lot 123 of the sth Land District of Houston County, Georgia and being known and designated as Tract "2 B 1" containing O. acre, in a Subdivision of the Property of Joseph F. Henley, as shown on a plat by Theodore W. Waddle, Jr., Registered Surveyor, a copy of which is of record in Plat Book 37, Page 74, Clerk's Office, Houston Superior Court, which said plat is by this reference thereto incorporated herein. There are improvements located thereon known under the present sys tem of numbering as 109 Hickory Hill Lane. Being the same property as con veyed to Fountain Contracting Company, Inc. of record in Deed Book 988, Page 599, Clerk's Office, Houston Superior Court. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to col lect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the prop erty, any assessments, liens, encum brances, zoning ordinances, restric tions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in posses sion of the property is John M. Evans, Jr. and Jimmie Kaye Evans or a tenant or tenants and said property is more commonly known as 109 Hickory Hill Lane, Warner Robins, GA 31093. 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. Bank of America, N.A. as Attorney in Fact for John M. Evans, Jr. and Jimmie Kaye Evans, Daniel D. Phelan, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net DDP/smk 1/7/03 Our file no. 5560199-FT7 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-65 12/12 - 1/2, NOTICE OF SALE UNDER POWER GEORGIA, HOUSTON COUNTY Under and by virtue of the power of sale contained in a certain Deed to Secure Debt Debt from Stephen Saunders and Pamela P. Saunders to SUNMARK COMMUNITY BANK dated February 22, 2002 and recorded at Deed Book 2029, Page 305, Houston County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $63,822.50, with interest thereon as provided therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door of Houston County, Georgia, during the legal hours of sale on the first Tuesday in January, 2003, to wit: January 07, 2003, the following described property: All that tract or parcel of land situate, lying and being in Land Lot 160 of the Tenth Land District of Houston County, Georgia, known and designated as Tract 'B' of a Resubdivision of Lots 1, 2,3, 11 & 12, Block 'F', Phase 4, of a Subdivision known as MILL POND PLANTATION, according to a plat of survey of said subdivision prepared by Story & Company, Inc., certified by Robert L. Story, Georgia Registered Land Surveyor No. 1853, dated August 23, 2000, a copy of which is of record in Map Book 56, Page 108, 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. Subject to the Protective Covenants as contained in Instrument of record in Deed Book 1165, Page 232, Pages 232-235; amended by Instrument of record in Deed Book 1252, Pages 96- 97 and Deed Book 1280, Page 603, Clerk's Office, Houston Superior Court; also, subject to easements and rights of-way for public roads and utilities as they now exist, and building lines and other matters shown on the aforesaid recorded plat of survey. The debt secured by said instrument having 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 Deed to Secure Debt, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneyfs fees, notice of intent to collect attorneyls fees having been given. Said property will be sold as the property of Stephen Saunders and Pamela P. Saunders, subject to any outstanding ad valorem taxes (includ ing taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate sur vey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record supe rior to the Deed to Secure Debt first set out above. To the best knowledge and belief of the undersigned, the party in posses sion of the property is Stephen Saunders and Pamela P. Saunders or, a tenant or tenants, and said property was or is commonly known as 200 Steeplechase Run (Tract B). This sale will be conducted subject to (1) confirmation that the sale is not prohibited under the United States Bankruptcy Code; and (2) final confir mation and audit of the status of the loan with the holder of the Deed to Secure Debt. Sun Mark Community Bank as attorney in tact for Stephen Saunders and Pamela P. Saunders. Robert Abney Fricks, THE FRICKS FIRM, P.C., 339 Margie Drive-Suite A, Warner Robins, Georgia 31088 (478) 953-2312 THIS LAW FIRM IS ACTING AS A DEBTOR COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR- PAGE 7B