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Legals
THE 2013 BOOBIE BALL WILL BE HELD SATURDAY, SEPT. 14 AT BICKLEY’S LAKE. GATES WILL OPEN AT 4 P.M. DANCE THE NIGHT AWAY WITH LOOSE CHANGE AND FRIENDS! CORNHOLE TOURNAMENT-BOAT RIDES-BIG SCREEN TV TO WATCH THE GAMES-DUNKING BOOTH-T-SHIRTS-$20 DRAFT ALL YOU CAN DRINK. SEVERAL GREAT PRIZES WILL BE UP FOR RAFFLE INCLUDING A LG 60 INCH HDTV FROM BADCOCK AND MORE HOME FURNITURE- JUDGE PUBLIC DEFENDER REVOLVER FROM NORTHSIDE PAWN SHOP- HUSTLER RAPTOR ZERO TURN LAWN MOWER AND YETI YT 20 ROADIE COOLER FROM THOMASTON HARDWARE- TWO $250 WAL-MART GIFT CARDS- DIAMONDS FROM REEMS JEWELRY. 2013 RAFFLE TICKETS ARE ONE FOR $5 OR FIVE FOR $20. TICKETS TO THE BOOBIE BALL ARE $12 IN ADVANCE OR $15 AT THE GATE. TICKETS GO ON SALE AUG. 1 AND CAN BE PURCHASED AT THE UPSON BEACON. COOLERS ARE WELCOME (NO GLASS PLEASE).
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IN THE JUVENILE COURT OF UPSON COUNTY
STATE OF GEORGIA
IN THE INTEREST OF:
K.A., a minor male child born on 04-25-2008
TO: Adonis Colquitt/Biological Father
A final publication hearing concerning a Petition for Deprivation will be brought by the Georgia Department of Human Services acting through Upson County Department of Family and Children Services based upon the alleged deprivation of the above named-child in the Juvenile Court of Upson County on the 8th day of August, 2013 at 9:00 a.m. A free copy of said pleadings can be obtained from the Clerk of the Juvenile Court of Upson County, Georgia, whose office is located at P.O. Box 509, Thomaston, Georgia 30286.
By reason of an order for service of summons by publication entered on the 10th day of June, 2013, you are hereby commanded to file with the Clerk of the Juvenile Court of Upson County, Georgia and serve upon A. Joel Bentley, Jr. Special Assistant Attorney General, P.O. Box 270, Thomaston, Georgia 30286 an answer to said pleading within sixty (60) days of the date of said order for service by publication.
You are further required to lay any and all business aside and to be and appear before the Juvenile Court of Upson County, Georgia at 9:00 o’clock a.m. on August 8, 2013, then and there to make a defense and to show cause why said child should not be dealt with according to the provisions of the Juvenile Court Code of Georgia by reason of an order for service of summons by publication.
WITNESS THE HONORABLE BEN J. MILLER, JR., Judge or KAREN M. CALLOWAY, Judge this 11th day of June, 2013.
Clerk, Juvenile Court, Upson County, Georgia
A. JOEL BENTLEY, JR. 052682
SPECIAL ASSISTANT ATTORNEY GENERAL
Post Office Box 270
106 East Main Street
Thomaston, GA 30286
(706) 648-3535
June 19, 26, July 3, 10
13UB06-21
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NOTICE TO CREDITORS AND DEBTORS
All creditors of the Estate of Catherine Watson, late of Upson County, Georgia, are hereby notified to render their demands tot he undersigned according to law, and all persons indebted to said estate are required to make immediate payment. Said demands and payments to be made to Margaret Wainwright, Excutor at the address listed below:
This 17 day of June, 2013.
1124 Delray Road
Thomaston, GA 30286
English Law Group
1436 Highway 19 North
Thomaston, GA 30286
13UB06-26
June 19, 26, July 3, 10
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PUBLIC NOTICE
A survey team from CARF International will be visiting McIntosh Trail Community Service Board from July 22, 2013 through July 24, 2013. The McIntosh Trail Community Services Board serves Butts, Fayette, Henry, Lamar, Pike, Spalding, and Upson counties. The Administrative Office is located at 1435 North Expressway, Suite 301, Griffin, Georgia 30223, phone number 770-358-5252, www.mctrail.org.
We invited the surveyors to evaluate how well we meet international standards for quality. The survey will tell us what we are doing well and ways we might improve. As a result of this survey, we may earn or continue accreditation.
As part of the survey, the surveyors will interview people who receive services, their families, our staff, and others. Some questions the survey team memebers might ask people are:
•Do we provice a clean and safe setting?
•Do you receive the services you need and want?
• Are you treated with respect?
• Do you take part in planning your services?
• Are you told what you need to know about your services?
• Are your questions answered in a way you understand?
• Do you know where to go with questions and concerns?
If you would like to talk with one of the survey team members or want to learn more about CARF International, please let one of our staff members know. You may also contact CARF International directly.
Internet: www.carf.org/contact-us
E-mail: feedback@carf.org
Mail: CARF Internation, 6951 East Southpoint Road, Tucson, AZ 85756
Toll-free: (866) 510-2273
Fax: (520) 318-1129
13UB06-28
June 26, July 3, 10, 17
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FORCLOSE THE RIGHT OF REDEMPTION
Take Notice That:
The right to redeem the following described property will expire and be forever foreclosed and barred on and after the 31st day of July, 2013.
All that certain tract of land containing three (3) acres, more or less, together with all improvements thereon, lying and being in the Southeast portion of Land Lot No. 250, in the 15th Land District, of Upson County, Georgia, more particularly described according to survey of J. Burrus Smith and J.H. Smith, Surveyors, as follows: BEGINNING at the point of intersection ofthe North side of public road which runs East and West along the original North lines of Land Lot Nos. 249 and 224, on said 15th Land District, with the Northeast edge of the concrete paving on State Highway No. 74, and running thence North 32 degrees 39 minutes West along the Northeast edge of said concrete paving a distance of 177.06 feet; thence North 37 degrees 21 minutes East 418.39 feet to an iron stob set on the West bank of an abandoned road known as the Old Flat Shoals Public Road: thence South 30 degrees 12.5 minutes East along the West bank of said abandoned road 181.38 feet to an iron stob; thence South 37 degrees 35 minutes East along the West bank of said abandoned road 303.55 feet to an iron stob set in the intersection of said West bank of said abandoned road with the North side of said public road which runs East and West along the North lines of said Lots 249 and 224; and thence North 87 degrees 35 minutes West along the North side of said public road (which runs East and West) 533.63 feet to the point of beginning. Said property is located in Molena, Georgia and is known as 7376 Crest Highway.
This is the identical real property as that conveyed to Ali Abdo Saleh Ezah by Deed of Abdul Malik Sawja (Ali Abdo Saleh Exah already owned a one-half interest at time of conveyance), said deed executed on June 14,2001, and being recorded in Deed Book 741, on Pages 306-307, Office of Clerk of Superior Court of Upson, County, Georgia.
TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said party of the second party, their heirs and assigns forever in FEE SIMPLE.
As described in Deed Book 822, Page 73. Further described as Map and Parcel 004032.
The tax deed to which this notice relates is dated the 6th day of September, 2011, and is recorded in the office of the Clerk of the Superior Court of Upson County, Georgia, in Deed Book 1271 at page 237-238.
The property may be redeemed at any time before the 31 st day of July, 2013, by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
Wayne and Harriet Moultrie
7530 Crest Highway
Molena, GA 30258
Please be governed accordingly.
June 26, July 3, 10, 17
13UB06-30
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NOTICE TO THE PUBLIC
YOU ARE HEREBY NOTIFIED that on the 15th day of July, 2013, at 8:30 A.M., in the Upson County Courthouse, Upson County, Georgia, a Judge of the Superior Court of Upson County will hear the case of the STATE OF GEORGIA, Plaintiff, v. Thomaston-Upson County Industrial Development Authority and Gordon Jensen Health Care Association, Inc., Defendants, Civil Action File No. 13V280, in the Superior Court of Upson County, the same being a proceeding to confirm and validate an issue of Thomaston-Upson County Industrial Development Authority, First Mortgage Healthcare Facility Revenue Bonds (Gordon Jensen Healthcare Association, Inc. Project), Series 2013A (the “Series 2013A Bonds”), ThomastonUpson County Industrial Development Authority First Mortgage Healthcare Facility Revenue Bonds (Gordon Jensen Healthcare Association, Inc. Project), Taxable Series 2013B (the “Series 2013B Bonds”) and Thomaston-Upson County Industrial Development Authority, Healthcare Facility Subordinated Revenue Bonds (Gordon Jensen Healthcare Association, Inc., Project), Taxable Series 2013C (the Series 2013A Bonds, 2013B Bonds and 2013 Bonds being collectively referred to as the “Bonds”), in an aggregate principal face amount of not to exceed $9,500,000. The Bonds are to be issued by the Thomaston-Upson County Industrial Development Authority (the “Issuer”) for the purpose of financing the (i) acquisition and rehabilitation of the 110-unit nursing home located at 1011 South Green Street, Thomaston, Georgia (the “Facility”); (ii) the funding of various trust funds with the Trustee, and (iii) the payment of certain costs of issuing the Bonds (collectively, the “Project”), in order to maintain, enhance, encourage, develop and promote trade, commerce, industry, or employment for the public good and general welfare and to promote the general welfare of the City of Thomaston or Upson County, Georgia, and said Act empowers the Issuer to issue its revenue obligations for the purpose of financing undertakings within the scope of its powers in furtherance of the public purpose for which it was created. Said Project will be financed by the Issuer for the benefit of Gordon Jensen Healthcare Association, Inc., a Michigan nonprofit corporation, and/or its assigns (the “Borrower”), pursuant to a Loan Agreement, to be dated as of July 1, 2013, or such later date as shall be approved by the Issuer. In said proceeding the Court will also pass upon the validity of said Loan Agreement, a Trust Indenture and a Deed to Secure Debt and Security Agreement in connection therewith.
The Bonds will not constitute a debt or a general obligation or a pledge of the faith and credit of the State of Georgia or any political subdivision thereof, including the City of Thomaston and Upson County, Georgia, but will constitute a limited obligation of the Issuer and will be payable solely from the Pledged Revenues and property specifically assigned and pledged to the payment thereof. Neither the State of Georgia nor any political subdivision thereof, including the City of Thomaston and Upson County, Georgia, shall be subject to any pecuniary liability thereon, nor shall the Bonds constitute a charge, lien, or encumbrance upon any property of the Issuer, said State or any political subdivision thereof, including the City of Thomaston and Upson County, Georgia, other than the Pledged Revenues and property specifically assigned and pledged to the payment thereof. No owner of the Bonds shall ever have the right to compel the exercise of the taxing power of said State or any political subdivision thereof, including the City of Thomaston and Upson County, Georgia, to pay the same or the interest thereon.
THE ISSUER HAS WAIVED THE PERFORMANCE AUDIT AND PERFORMANCE REVIEW REQUIREMENTS PROVIDED IN O.C.G.A. § 36-28-100 AND WILL CONDUCT NO PERFORMANCE AUDIT OR PERFORMANCE REVIEW WITH RESPECT TO THE BONDS.
Any citizen of the State of Georgia residing in Upson ounty, Georgia, or any other person wherever residing who has a right to object, may intervene and become a party to this proceeding.
This 26th day of June, 2013.
/s/ Teresa Harper
Clerk, Superior Court,
Upson County, Georgia
July 3, 10
13UB07-01
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State of Georgia,
County of Upson.
Estate of Henry E. Daniel
NOTICE TO CREDITORS AND DEBTORS
All creditors of the Estate of Henry E. Daniel, deceased, late of Upson County, Georgia, are hereby notified to render an account of their demands to the undersigned, and all debtors are required to make immediate payment.
This the 27th day of June, 2013
Lynda D. Rhodes, Executrix of
the Estate of Henry E. Daniel
c/o Mr. David Dunaway
P. O. Drawer 471
Thomaston, Georgia 30286
Law Offices of David B. Dunaway
212 West Main Street
P. O. Drawer 471
Thomaston, Georgia 30286
July 3, 10, 17, 24
13UB07-02
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IN THE PROBATE COURT
COUNTY OF UPSON
STATE OF GEORGIA
IN RE: ESTATE OF
WALTER RAY BUTTS, SR., DECEASED
ESTATE NO: 8927
All creditors of the estate of WALTER RAY BUTTS, SR., deceased, late of Upson County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 24 day of June, 2013.
/s/ALAN W. CONNELL
Administrator of the Estate
of WALTER RAY BUTTS, SR., Deceased
CONNELL & WHEELER
Attorneys at Law
201 N. Green St.
P. O. Box 1206
Thomaston, GA 30286
(706) 647-8180
July 3, 10, 17, 24
13UB07-03
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NOTICE OF
FORECLOSURE
SALE UNDER POWER
UPSON COUNTY, GEORGIA
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by William T. Ferrell, Jr. and Sarah E. Johnson to Mortgage Electronic Registration Systems, Inc. as nominee for Southern Horizon Bank, Corporation, dated March 15, 2004, and recorded in Deed Book 919, Page 194, Upson County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded on December 27, 2011 in Book 1278 Page 141 in the Office of the Clerk of Superior Court of Upson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty Thousand Seven Hundred Forty-Six and 0/100 dollars ($60,746.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Upson County, Georgia, within the legal hours of sale on August 6, 2013, the following described property:
All that certain tract or parcel of land, together with all improvements thereon, known as 212 Fifth Avenue, S.E., lying and being in the City of Thomaston (formerly City of Silvertown) in Land Lot 215, 10th Land District of Upson County, Georgia, known and designated as Lot No. 686 in Silvertown Subdivision according to plat of a portion of said subdivision dated October 28, 1957, prepared by Pickell & Pickell, Registered Engineers, recorded in Plat Record 2, Page 232, in the Office of the Clerk of Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein in aid of this description.
Said property is conveyed and accepted subject to those restrictive covenants and easement reservations affecting same of record in Deed Book 156, Page 352, said Clerk's Office.
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 collect attorney’s fees having been given).
Your mortgage servicer can be contacted at (800) 443-1032 - Loss Mitigation Dept, or by writing to PO Box 27767, Richmond, Virginia 23261, to discuss possible alternatives to avoid foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is William Thomas Ferrell or tenant(s); and said property is more commonly known as 212 5th Avenue, Thomaston, GA 30286.
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.
SunTrust Mortgage, Inc. as Attorney in Fact for William T. Ferrell, Jr. and Sarah E. Johnson.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 13-07709
July 10, 17, 24, 31
13UB07-05
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NOTICE OF SALE UNDER POWER
GEORGIA, UPSON COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Teasha Matthews to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST NCL FINANCIAL SERVICES, LLC., dated July 19, 2006, recorded in Deed Book 1057, Page 096, Upson County, Georgia records, as last transferred to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006-2 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-2 by assignment recorded or to be recorded, Upson County, Georgia records conveying the after-described property to secure a Note in the original principal amount of FIFTY TWO THOUSAND AND NO/100 DOLLARS ($52,000.00); with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Upson County, Georgia, within the legal hours of sale on the first Tuesday in August, 2013 the following described property:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, CONTAINING 0.255 ACRE, LYING SITUATE, AND BEING IN LAND LOTS 193 AND 216 OF THE 10TH LAND DISTRICT OF UPSON COUNTY, GEORGIA, IN THE CITY OF THOMASTON, THE SOUTHWEST CORNER OF WHICH IS 233.56 FEET FROM THE RIGHT OF WAY OF WASHINGTON STREET, AND WHICH SAID TRACT IS MORE PARTICULARLY SHOWN AS PARCEL 6, ON THAT CERTAIN PLAT OF SURVEY ENTITLED “BLOCK 5, PARCEL 6, DISPOSITION SURVEY, BETHEL STREET REDEVELOPMENT AREA, THOMASTON, GEORGIA” DATED MAY 1984, REVISED NOVEMBER 27, 1985, AND APRIL 3, 1987, PREPARED BY KENNETH C. SIMS, REGISTERED PROFESSIONAL LAND SURVEYOR, AND RECORDED IN PLAT RECORD 12, PAGE 101, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF UPSON COUNTY, GEORGIA, WHICH SAID PLAT, TOGETHER WITH THE METES COURSES, DISTANCES, AND BOUNDS AS SHOWN THEREON IS HEREBY EXPRESSLY INCORPORATED HEREIN BY REFERENCE IN AID OF THIS DESCRIPTION.
THIS CONVEYANCE IS MADE SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND COVENANTS OF RECORD.
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 collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention: Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, Fax 407-737-5693. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Teasha Matthews or a tenant or tenants and said property is more commonly known as 200 Drake Street, Thomaston, GA 30286.
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.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006-2 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-2
As Attorney in Fact for Teasha Matthews
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
(866) 357-8501
Our File# 018407
July 10, 17, 24, 31
13UB07-06
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STATE OF GEORGIA
COUNTY OF UPSON
NOTICE OF SALE
UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Roger Young to Mortgage Electronic Registration Systems, Inc. as nominee for Market Street Mortgage Corporation in the original principal amount of $72,235.00 dated 02/21/2001, and recorded in Deed Book 718, page 168, Upson County records, said Security Deed being last transferred and assigned to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP in Deed Book 1301, page 63, Upson County records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2013 by Bank of America, N.A., , as Attorney-in-Fact for Roger Young the following described property:
All that tract or parcel of land lying and being in Land Lots 134 and 135 of the 10th Land District of Upson County, Georgia, containing 3.098 acres lying on the southern side of Rose Creek Road, and being more particularly described as Tract 50B upon a certain plat of survey entitled "Subdivision Survey for Green Rivers Forest, Inc." prepared by Clayton Lamar Moore, Ga. RLS, dated 11/21/2000 and recorded in Plat Book 26, Page 47, in the Office of the Clerk of Superior Court of Upson County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is incorporated into this description by reference.
Subject to all easements of record.
Less and except any portion of the land lying within the bounds of Rose Creek Road.
Property known as: 225 Rose Creek Road, The Rock, GA 30285
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).
The property will be sold as the property of Roger Young subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Bank of America, N.A., holds the duly endorsed Note and is the current assignee of the Security Deed to your property. Bank of America, N.A., , acting on behalf of and, as necessary, in consultation with Federal National Mortgage Association (the current investor on your loan), is the entity with the full authority to negotiate, amend, and modify all terms of your loan. Pursuant to O.C.G.A. Section 44-14-162.2, you may contact Bank of America, N.A., at:
Bank of America, N.A.
Home Loan Assistance Dept.
7105 Corporate Drive
Plano, TX 75024
PH: 800-669-6650
Please note that, pursuant to O.C.G.A Section 44-14-162.2, you are not automatically entitled by law to an amendment or modification of the terms of your loan.
To the best of the undersigned's knowledge and belief, the party in possession is Roger Young.
Bank of America, N.A., , as Attorney-in-fact for Roger Young.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
115 Perimeter Center Place
South Terraces, Suite 1000
Atlanta, GA 30346
Phone - 770-392-0398
Toll Free - 866-999-7088
Our File No. 12-60068-2
July 10, 17, 24, 31
13UB07-09
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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF UPSON Under and by virtue of the power of sale contained with that certain Security Deed dated October 5, 2007, from Mary Ann Brown and William D. Brown to Mortgage Electronic Registration Systems, Inc., an nominee for IndyMac Bank, F.S.B., recorded on October 12, 2007 in Deed Book 1121 at Page 200, Upson County, Georgia Records, having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment and said Security Deed having been given to secure a note dated October 5, 2007, in the amount of $314,794.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Upson County, Georgia, on August 6, 2013, the following described real property (hereinafter referred to as the "Property"): THE LAND REFERRED TO IN THIS EXHIBIT IS LOCATED IN THE COUNTY OF UPSON AND THE STATE OF GEORGIA IN DEED BOOK 939 AT PAGE 119 AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 12.084 ACRES, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN LAND LOT NOS. 146, 160 and 161 OF THE 15TH LAND DISTRICT OF UPSON COUNTY, GEORGIA, SHOWN AND DESIGNATED AS TRACT "A" ON THAT CERTAIN PLAT OF SURVEY ENTITLED "PLAT FOR MARY ANN BROWN" PREPARED BY GARY F. SELF, REGISTERED LAND SURVEYOR DATED JUNE 29, 2004 AND OF RECORD IN PLAT BOOK 27, PAGE 157, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF UPSON COUNTY, GEORGIA, WHICH SAID PLAT, INCLUDING THE BOUNDARIES, METES, COURSES AND DISTANCES OF SAID REAL ESTATE AS SHOWN AND DELINEATED THEREON, IS BY THIS REFERENCE INCORPORATED HEREIN IN AID OF THIS DESCRIPTION JUST AS THOUGH THE SAME WERE SET FORTH HEREIN VERBATIM. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Mary Ann Brown and William D. Brown. The property, being commonly known as 127 Firetower Rd, Thomaston, GA 30286 in Upson County, will be sold as the property of Mary Ann Brown and William D. Brown, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: OneWest Bank, FSB, C/O Loan Resolution Department 888 E Walnut St, Pasadena, CA 91101, 877-736-5556 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Mary Ann Brown and William D. Brown 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. JEA - 13-112184 A-FN4397126 07/10/2013, 07/17/2013, 07/24/2013, 07/31/2013
July 10, 17, 24, 31
13UB07-10
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Notice of Sale Under Power. State of Georgia, County of UPSON. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by STEVEN W KENDALL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR HOMEOWNERS MORTGAGE ENTERPRISES, INC. , dated 01/15/2010, and Recorded on 01/19/2010 as Book No. 1212 and Page No. 211, UPSON County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $66,224.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the UPSON County Courthouse within the legal hours of sale on the first Tuesday in August, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON KNOWN AS 577 SECOND AVENUE, SITUATE, LYING AND BEING IN THE NORTHEASTERN PORTION OF THE CITY OF THOMASTON IN LAND LOT NO. 194 OF THE 10TH LAND DISTRICT OF UPSON COUNTY, GEORGIA, SHOWN AND DESIGNATED AS LOT 4A ON THAT CERTAIN PLAT OF SURVEY ENTITLED "FINAL PLAT FOR WILLOW TREE SUBDIVISION", DATED JANUARY 13, 2004, PREPARED BY CLAYTON LAMAR MOORE AND DAVID B. MILLEN, REGISTERED LAND SURVEYORS, OF RECORD IN PLAT BOOK 27, PAGE 75, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF UPSON COUNTY, GEORGIA, WHICH SAID PLAT, INCLUDING THE BOUNDARIES, METES, COURSES AND DISTANCES OF SAID REAL ESTATE AS SHOWN AND DELINEATED THEREON, IS BY THIS REFERENCE INCORPORATED HEREIN IN AID OF THIS DESCRIPTION JUST AS THOUGH THE SAME WERE SET FORTH HEREIN VERBATIM. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with JPMORGAN CHASE BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44-14-162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866-550-5705. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 577 SECOND AVENUE, THOMASTON, GEORGIA 30286 is/are: STEVEN W KENDALL or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for STEVEN W KENDALL. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20130187400824 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
July 10, 17, 24, 31
13UB07-11
gpn11
Notice of Sale Under Power. State of Georgia, County of UPSON. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CHRISTOPHER L. PITTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR PROFESSIONAL LENDING, LLC , dated 01/11/2010, and Recorded on 01/14/2010 as Book No. 1212 and Page No. 158, UPSON County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $79,591.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the UPSON County Courthouse within the legal hours of sale on the first Tuesday in August, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE SOUTHEASTERN PART OF LAND LOT NO. 243 AND THE SOUTHWEST PART OF LAND LOT NO. 234, IN THE TENTH LAND DISTRICT OF UPSON COUNTY, GEORGIA, CONSISTING OF 01.14 ACRES OF LAND MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT PREPARED BY EDWIN C. ECHOLS, REGISTERED PROFESSIONAL SURVEYOR, BEARING SURVEY COMPLETION DATE OF AUGUST 18, 1977, REVISED AUGUST 31, 1977, AND OF RECORD IN THE OFFICE OF THE CLERK, UPSON SUPERIOR COURT, IN PLAT BOOK EIGHT, AT PAGE 34, AS FOLLOWS, TO-WIT: BEGIN AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 19 AT THE INTERSECTION THEREOF WITH THE NORTHERLY RIGHT-OF-WAY LINE OF ATWATER ROAD, AND FROM SAID POINT OF BEGINNING, RUN THENCE NORTH 09 DEGREES 10 MINUTES EAST A DISTANCE OF 441.7 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN CONVEYED; RUN THENCE NORTH 55 DEGREES 57 MINUTES WEST A DISTANCE OF 90.5 FEET TO A POINT; RUN THENCE NORTH 02 DEGREES 02 MINUTES EAST A DISTANCE OF 233.3 FEET TO A POINT; RUN THENCE NORTH 78 DEGREES 53 MINUTES WEST A DISTANCE OF 142.8 FEET TO A POINT; RUN THENCE NORTH 01 DEGREES 12 MINUTES WEST A DISTANCE OF 268.0 FEET TO A POINT; RUN THENCE SOUTH 79 DEGREES 37 MINUTES EAST A DISTANCE OF 173.0 FEET TO A POINT; RUN THENCE SOUTH 02 DEGREES 02 MINUTES WEST A DISTANCE OF 485.8 FEET TO A POINT; RUN THENCE SOUTH 78 DEGREES 16 MINUTES EAST A DISTANCE OF 79.2 FEET TO A POINT; RUN THENCE SOUTH 21 DEGREES 04 MINUTES WEST A DISTANCE OF 50.0 FEET TO THE POINT OF BEGINNING, ALL AS SHOWN ON SAID RECORDED PLAT, REFERENCE TO SAID PLAT BEING HEREIN EXPRESSLY MADE IN AID OF THIS DESCRIPTION AS IF COPIED AT LENGTH HEREIN. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with JPMORGAN CHASE BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44-14-162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866-550-5705. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 2133 HIGHWAY 19 N, THOMASTON, GEORGIA 30286 is/are: CHRISTOPHER L. PITTS or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for CHRISTOPHER L. PITTS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20130187402392 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
July 10, 17, 24, 31
13UB07-12
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NOTICE OF SALE UNDER POWER, UPSON COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by James E. Houston to Mortgage Electronic Registration Systems, Inc. as nominee for Allen Mortgage, LC dated 4/21/2008 and recorded in Deed Book 1153 Page 272, Upson County, Georgia records; as last transferred to Wells Fargo Bank, NA., conveying the after-described property to secure a Note in the original principal amount of $ 95,401.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Upson County, Georgia, within the legal hours of sale on August 06, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All That Parcel Of Land In County Of Upson, State Of Georgia As More Fully Described In Book 1063, Page 150 And Being More Particularly Described As Follows:
This Is The Identical Property As That Conveyed To Millie Danns By Warranty Deed Of Tommy L. Rousseau And Nancy Rousseau, Dated March 6, 2006 And Of Record In Deed Book 1034, Page 026, Said Clerks Office.
All That Certain Tract Or Parcel Of Land, Together With All Improvements Located Thereon Known As 1152 Vestavia Lane, Situate, Lying And Being In Land Lot No. 160 Of The Tenth Land District Of Upson County, Georgia, Known And Designated As Lot Nos. 2 And 3 Of Block C Of Section One Of Vestavia Heights Subdivision, According To Plat Delineating Said Lots In Said Block C Of Said Subdivision Of Record In Plat Book 6, Page 263, In The Office Of The Clerk Of The Superior Court Of Upson County, Georgia, Which Said Lots As Shown On Said Plat Is By This Reference Incorporated Herein As If Fully And Completely Copied At Length Thereto. Said Tract Fronts 200 Feet On The Southerly Side Of Vestavia Land And Extends Back Southerly In Uniform Width, As Distance Of 150.00 Feet All As Shown By Said Plat.
APN: 057A-210
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 1152 Vestavia Lane, Thomaston, GA 30286 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): James E. Houston or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Wells Fargo Bank, NA
Loss Mitigation
3476 Stateview Boulevard
Fort Mill, SC 29715
1-800-662-5014
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA. as agent and Attorney in Fact for James E. Houston
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-667497036A
July 10, 17, 24, 31
13UB07-14
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA COUNTY OF Upson Under and by virtue of the power of sale contained with that certain Security Deed, Debt dated September 12, 2003, from CHRIS J MATTEI to Mortgage Electronic Registration Systems, Inc., "MERS", solely as nominee for SouthStar Funding, LLC, its successors and assigns, recorded on September 17, 2003 in Deed Book 891 at Page 188, Upson County, Georgia Records, having been last sold, assigned, transferred and conveyed to GSLSVAC GA, LLC by Assignment dated May 29, 2013, said Deed to Secure Debt having been given to secure a note dated September 12, 2003, in the amount of $37,800.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Upson County, Georgia, on August 6, 2013, the following described real property (hereinafter referred to as the Property ): All that certain tract or parcel of land, together with all improvements thereon known as 200 East Goodrich Avenue, situate, lying and being in the City of Thomaston, Upson County, Georgia (formerly City of Silvertown), in Land Lot No. 215 of the Tenth Land District of Upson County, Georgia, known and designated as Lot No. 647 in Silvertown Subdivision according to the plats of survey of a part of the City of Silvertown made by Pickell & Pickell, Registered Engineers, which plats are of record in the Office of the Clerk , Superior Court, Upson County, Georgia, in Plat Record Two at Pages 230-232, inclusive, said plats, as so recorded, being hereby made a part of this description. Said within conveyed tract or parcel of land is more particularly described by reference to that certain plat of record in Plat record Two, Page 232 as being an irregularly shaped pentagon fronting on the northerly side of Goodrich Avenue East and extending back to and abutting upon an alley of 14 feet in width. There is located on said tract or parcel of land a dwelling house known and designated as 200 Goodrich Avenue East and other improvements. This is the identical real estate conveyed to Chris J. Mattei and Mary Alice D. Willis by Warranty Deed Reserving a Life Estate from Mary Nell Y. Duncan, Dated February 28, 2001 and filed of record March 5, 2001 in Deed Book 719, Pages 233-235, Clerk’s Office, Upson County Superior Court. Parcel ID: T20 171. The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are CHRIS J MATTEI. The property, being commonly known as 200 EAST GOODRICH AVENUE, THOMASTON, GA 30286 in Upson County, will be sold as the property of CHRIS J MATTEI, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: GSLSVAC GA, LLC, 6101 Southwest Freeway, Suite 400, Houston, Texas 77057, 1 (800) 483-1118 or 713-231-1150. The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
GSLSVAC GA, LLC, current note holder
as Attorney in Fact for CHRIS J MATTEI
6101 Southwest Freeway, Suite 400, Houston, Texas 77057
Phone: 1 (800) 483-1118 or 713-231-1150 / A-7436792626
* THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.*
July 10, 17, 24, 31
13UB07-15
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NOTICE OF SALE UNDER POWER
GEORGIA, UPSON COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Connie L. Philpot to Bank of Upson, dated June 27, 2003, recorded in Deed Book 874, Page 304, Upson County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of EIGHTY-TWO THOUSAND AND 0/100 DOLLARS ($82,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Upson County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2013, the following described property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
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 collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
SouthCrest Bank f/k/a Bank of Upson is the holder of the Note and Security Deed to the property in accordance with OCGA § 44-14-162.2.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of Upson, PO Box 790, Thomaston, GA 30286, 706-647-5426.
To the best knowledge and belief of the undersigned, the party in possession of the property is Connie L. Philpot or a tenant or tenants and said property is more commonly known as 134 Old Alabama Road, Thomaston, Georgia 30286.
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.
SouthCrest Bank f/k/a Bank of Upson
as Attorney in Fact for
Connie L. Philpot
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
MR/mtj 8/6/13
Our file no. 5184713-FT15
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, known as 134 Old Alabama Road, containing 0.66 acres, situate, lying and being in Land Lot 244 of the 10th Land District of Upson County, Georgia, known and designated as Lot No. 11 and a portion of Lot 12 of "Mossie Jackson Subdivision" according to that certain plat of survey for Rocky Zane Culpepper and Dianna Lynn Culpepper dated August 18, 1993, prepared by Charles Lamar Moore, and Gary F. Self, Registered Land Surveyors, recorded in Plat Recorded 17, page 148, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes courses and distances of said real estate, as shown and delineated thereon, is by this reference incorporated herein in aid of this description.
MR/mtj 8/6/13
Our file no. 5184713 - FT15
July 10, 17, 24, 31
13UB07-16
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SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT
GEORGIA, UPSON COUNTY:
By virtue of the power and authority contained in a certain Deed to Secure Debt, and under the power of sale contained therein, executed by IDA JOYCE SANDOVOL fka IDA JOYCE STEPHENS to SOUTHCREST BANK, dated September 18, 2009, and recorded in Deed Book 1203, pages 227-228, in the Clerk's Office, Superior Court, Upson County, Georgia, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in the City of Thomaston, Upson County, Georgia, between the legal hours of sale on the first Tuesday in August, 2013, the following described property, to-wit:
All that certain tract of land, together with all improvements thereon known as 785 Trice Cemetery Road, situate, lying and being in Land Lot No. 126, in the 10th Land District of Upson County, Georgia, known and designated as all of Lot No. 5 in Block "B" of "Cloverhill Subdivision", according to plat of said subdivision recorded in Plat Record Two, page 39, Clerk's Office, Upson Superior Court, and having such size, shape, location, metes, bounds, courses and distances as shown on said plat of survey which by reference is incorporated into and made a part of this description as fully and completely as if copied at length herein. Said tract is more particularly described in accordance with the plat of survey prepared by J. Burrus Smith and J. H. Smith, Surveyors, dated July 28, 1953, as fronting 100 feet on the northeast side of Trice Road and running back northeasterly, in uniform width, a distance of 191 feet.
The indebtedness secured by said Deed to Secure Debt 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 Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given) and the balance, if any, to be paid over to the party or parties entitled thereto.
Said property will be sold and conveyed subject to any and all unpaid ad valorem taxes (including taxes which are a lien, but not yet due and payable), assessments, liens, zoning ordinances, restrictions, easements, and matters of record superior to the Deed to Secure Debt first set out above, if any.
To the best knowledge and belief of the undersigned, the party in possession of the property is the IDA JOYCE SANDOVOL fka IDA JOYCE STEPHENS or a tenant or tenants and said property is more commonly known as 785 TRICE CEMETERY ROAD, THOMASTON, GEORGIA 30286.
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 Deed to Secure Debt.
The name, address and telephone number of the individual who has full authority to negotiate, amend or modify the terms of this promissory note or loan is as follows: Sheila Johnson, SouthCrest Bank, P.O. Box 790, Thomaston, Georgia 30286, (706) 647-5426.
This 28th day of June, 2013.
SOUTHCREST BANK, as attorney in fact for IDA JOYCE STEPHENS
MALLORY & TRICE, ATTORNEYS
P. O. DRAWER 832
THOMASTON GA 30286
July 10, 17, 24, 31
13UB07-17
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SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT
GEORGIA, UPSON COUNTY:
By virtue of the power and authority contained in a DEED TO SECURE DEBT and under the power of sale contained therein, executed by WILLIAM W. LIVINGSTON to THE FIRST NATIONAL BANK OF BARNESVILLE, dated July 15, 2004, and of record in Deed Book 943, Page 30, in the Office of the Clerk of the Superior Court of Upson County, Georgia, corrected by Deed to Secure Debt dated April 28, 2011, of record in Deed Book 1260, Page 192, said Clerk’s Office, and further corrected by Deed to Secure Debt dated April 28, 2011, of record in Deed Book 1262, Page 215, said Clerk’s Office, which said Deed to Secure Debt was assigned to UNITED BANK by Receiver’s Assignment of Note and Security Deed dated November 29, 2010, of record in Deed Book 1244, Page 178, said Clerk’s Office, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Thomaston, Upson County, Georgia, between the legal hours of sale on the first Tuesday in August, 2013, the following described real estate, to-wit:
All that tract or parcel of land, together with all improvements thereon, containing .529 acres, situate, lying and being on the westerly side of RuAlmaine Drive in Land Lot No. 126 of the 10th Land District of Upson County, Georgia, and being more particularly described as follows, to-wit: To arrive at the REAL POINT OF BEGINNING of the tract herein conveyed, begin at the point where the southeasterly right of way line of Tom McKinley Road intersects the westerly right of way line of Trice Cemetery Road, which point is shown and delineated on that certain plat of survey dated September 14, 1979, prepared by J. Harold Smith, Registered Land Surveyor, recorded in Plat Record 8, Page 169, in the Office of the Clerk of the Superior Court of Upson County, Georgia, reference to said plat being herein made in aid of this description, and from said point, run thence along the said southeasterly right
of way line of the said Tom McKinley Road south 77 degrees 37 minutes 24 seconds west a distance of 142.39 feet to a point; run thence along the said southeasterly right of way line of the said Tom McKinley Road in a southwesterly direction along an arc to the left (calculated on a delta angle of 6 degrees 35 minutes 38 seconds with a radius of 6, 960 feet) an arc distance of 800.99 feet to a point; run thence along the said southeasterly right of way line of the said Tom McKinley Road in a southwesterly direction along an arc to the right (calculated on a delta angle of 1 degree 1 minute 14 seconds with a radius of 2, 720.70 feet) an arc distance of 48.46 feet to a point; continue thence along the said southeasterly right of way line of the said Tom McKinley Road south 72 degrees 03 minutes 00 seconds west a distance of 152.83 feet to a point; run thence south 1 degree 31 minutes 51 seconds east a distance of 439.12 feet to an iron pin; run thence north 88 degrees 28 minutes 09 seconds east a distance of 219.20 feet to an iron pin which is the REAL POINT OF BEGINNING of the tract herein conveyed. From said REAL POINT OF BEGINNING run thence 38 degrees 15 minutes 43 seconds east a distance of 172.66 feet to an iron pin located on the westerly right of way line of RuAlmaine Drive; run thence south 51 degrees 44 minutes 17 seconds east a distance of 140 feet to an iron pin located at the intersection of RuAlmaine Road with the intersection of RuAlmaine Drive; run thence south 38 degrees 15 minutes 43 seconds west a distance of 82.04 feet to an iron pin; run thence along the right of way line of the said RuAlmaine Road along an arc curved to the left (calculated on a delta angle of 07 degrees 11 minutes 03 seconds with a radius of 478.90 feet) an arc distance of 72.59 feet to an iron pin located on the right of way of RuAlmaine Road; run thence north 58 degrees 55 minutes 20 seconds west a distance of 145.69 feet to the REAL POINT OF BEGINNING.
Located on this real estate is a manufactured (mobile) home described as follows: One 1973 regency mobile home manufacturers ID# RG1021. This mobile home has been modified to become a permanent structure attached to the real estate and to be considered a part of the real estate. By execution and acceptance of this document, the Grantor hereto agrees that this manufactured (mobile) home will become permanently affixed and a part of the real estate and title and ownership of the manufactured (mobile) home shall then pass with the real estate.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold as the property of WILLIAM W. LIVINGSTON subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys' fees, and the balance, if any, shall be paid over to the party or parties entitled thereto.
This the 20th day of June, 2013.
UNITED BANK AS ATTORNEY IN FACT FOR
WILLIAM W. LIVINGSTON
BY: MS. KATHY PIPPIN, COLLECTION MANAGER
P. O. BOX 340
BARNESVILLE, GEORGIA 30204
PHONE NO. 770-412-4941
Law Offices of David B. Dunaway
212 West Main Street
P. 0. Drawer 471
Thomaston, Georgia 30286
July 10, 17, 24, 31
13UB07-18
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SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT
GEORGIA, UPSON COUNTY:
By virtue of the power and authority contained in a DEED TO SECURE DEBT and under the power of sale contained therein, executed by WILLIAM W. LIVINGSTON to THE FIRST NATIONAL BANK OF BARNESVILLE, dated January 21, 2004, and of record in Deed Book 912, Page 248, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said Deed to Secure Debt was assigned to UNITED BANK by Receiver’s Assignment of Note and
Security Deed dated November 29, 2010, of record in Deed Book 1244, Page 173, said Clerk’s Office, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Thomaston, Upson County, Georgia, between the legal hours of sale on the first Tuesday in August, 2013, the following described real estate, to-wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Thomaston (formerly the City of Silvertown), in Land Lot 229 of the 10th Land District of Upson County, Georgia, known as Lot No. 356 in Silvertown Subdivision according to the plats of survey of a part of the City of Silvertown made by Pickell and Pickell, Registered Engineers, which are of record in the Office of the Clerk of the Superior Court of Upson County, Georgia, in Plat Book 2, at pages 230 to 232, inclusive, said plats, as so recorded, being hereby made a part of this description.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys' fees, and the balance, if any, shall be paid over to the party or parties entitled thereto.
This the 20th day of June, 2013.
UNITED BANK AS ATTORNEY IN FACT FOR
WILLIAM W. LIVINGSTON
BY: MS. KATHY PIPPIN, COLLECTION MANAGER
P. O. BOX 340
BARNESVILLE, GEORGIA 30204
PHONE NO. 770-412-4941
Law Offices of David B. Dunaway
212 West Main Street
P. 0. Drawer 471
Thomaston, Georgia 30286
July 10, 17, 24, 31
13UB07-19
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SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT
GEORGIA, UPSON COUNTY:
By virtue of the power and authority contained in a DEED TO SECURE DEBT and under the power of sale contained therein, executed by VICKIE LYNN BROOKS to UNITED BANK, dated August 15, 2007, and of record in Deed Book 1116, Page 196, in the Office of the Clerk of the Superior Court of Upson County, Georgia, the undersigned will sell at public outcry to the highest bidder for cash before the courthouse doors in the City of Thomaston, Upson County, Georgia, between the legal hours of sale on the first Tuesday in August, 2013, the following described real estate, to-wit:
All that lot, tract or parcel of land, with all improvements thereon, situate, lying and being in Land Lot 138 of the 10th Land District of Upson County, Georgia, being more particularly shown and designated as Lot 41C on a plat of survey entitled “Subdivision of Property of Commonwealth Partners, Inc.”, prepared by Presley, Farr & Associates, dated September 18, 1991, and recorded in Plat Book 14, Page 210, Upson County Superior Court records. Said plat, together with the metes, bounds, courses and distances as shown thereon, is incorporated by reference and made a part hereof as fully as if set out herein.
The indebtedness secured by said DEED TO SECURE DEBT having become in default, said real estate will be sold as the property of VICKIE LYNN BROOKS, subject to any and all unpaid taxes and assessments, and other restrictions and easements of record, if any, and the proceeds of such sale will be applied to the payment of the principal and interest of said indebtedness, and the cost of this proceeding, including attorneys' fees, and the balance, if any, shall be paid over to the party or parties entitled thereto.
This the 27th day of June, 2013.
UNITED BANK AS ATTORNEY IN FACT FOR
VICKIE LYNN BROOKS
BY: KATHY PIPPIN, COLLECTIONS MANAGER
315 THOMASTON STREET
P. O. BOX 340
BARNESVILLE, GEORGIA 30204
PHONE NO. 770-412-4941
Law Offices of David B. Dunaway
212 West Main Street
P. 0. Drawer 471
Thomaston, Georgia 30286
July 10, 17, 24, 31
13UB07-20
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(re: 2226 Pleasant Grove Road)
NOTICE OF SALE UNDER POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF LAMAR
Pursuant to a power of sale contained in a deed to secure debt from EARNEST R. BAILEY to THE FIRST NATIONAL BANK OF BARNESVILLE dated May 21, 2009, and recorded in Deed Book 1190, Pages 311-315, Upson County, Georgia, Superior Court Records, as later assigned unto United Bank from the FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of THE FIRST NATIONAL BANK OF BARNESVILLE by instrument recorded in Deed Book 1245, Pages 123-127, said deed records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Upson County, Georgia, within the legal hours of sale on the first Tuesday in August, 2013 (August 6, 2013) the following described property:
SEE EXHIBIT “A” ATTACHED HERETO FOR LEGAL DESCRIPTION OF PROPERTY WHICH IS KNOWN AS NO. 2226 PLEASANT GROVE ROAD, YATESVILLE, GA 31097
The debt secured by said security deed and the note given in evidence thereof have been and are hereby declared due because of default in payment of the monthly installments due under said note. This sale will be made for the purpose of paying the same and all expenses of this sale. To the best of the undersigned’s knowledge and belief, the party in possession of the property is EARNEST R. BAILEY.
Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid EARNEST R. BAILEY, subject to all taxes, assessments, easements, and restrictions, if any, and the proceeds of said sale applied as provided in said deed.
Notice of the initiation of proceedings to exercise the power of sale provided in said deed to secure debt was duly given to the debtor by the secured creditor no later than 30 days prior to the date of the foreclosure sale, in writing, and sent by registered (or certified) mail, return receipt requested, to the property address (or such other address as the debtor may have designated by written notice to the secured creditor), consisting of a copy of the published legal advertisement of said sale (or a copy of the legal advertisement as provided to the newspaper), and mailed as aforesaid; all as required by the Official Code of Georgia Annotated Sections 44-14-162 and 44-14-162.2.
By: William D. Lindsey, Attorney for
United Bank
William D. Lindsey
Attorney at Law
342 College Dr.
Barnesville, GA 30204
Phone: (770) 358-1188
EXHIBIT "A"
All that certain tract or parcel of land, together with all improvements thereon, containing 1.00 acre, situate, lying and being in Land Lot No. 161 of the 1st Land District of Upson County, Georgia, according to that certain plat of survey entitled "Boundary Survey for Ulysses S. Gibson" prepared by M. Doug Gordon, Registered Land Surveyor, dated May 3, 1992, and of record in Plat Record 15, Page 192, in the Office of the Clerk of Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein just as though the same were set forth herein verbatim.
Also conveyed hereunder is a perpetual easement running with the land and over, through and across the following described property, to-wit: All of that certain tract or parcel of land, together with all improvements thereon, situate, lying and being in Land Lot No. 161 of the 1st Land District of Upson County, Georgia, known and designated as that certain ten (10) foot wide ingress egress easement, according to that certain plat of survey entitled "Boundary Survey for Ulysses S. Gibson" prepared by M. Doug Gordon, Registered Land Surveyor, dated May 3, 1992, and of record in Plat Record 15, Page 192, in the Office of the Clerk of Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein just as though the same were set forth herein verbatim. Said easement is more particularly described in the Easement dated June 26, 1992, recorded June 26, 1992 and of record in Deed Book 417, Page 51, Clerk's Office, Upson Superior Court, which said easement is incorporated herein by reference.
Also conveyed herewith is a 1992 Peach State Mobile Home, Serial Number PSHGA11254AB which is permanently attached to and made a part of the real property.
This being the same real estate conveyed to Craig R. Davenport by Warranty Deed of Ralph F. Best, dated November 18, 2004, and of record in Deed Book 960, Page 297, said Clerk's Office.
Property more commonly known as 2226 Pleasant Grove Road, Yatesville, Georgia 31097.
July 10, 17, 24, 31
13UB07-21
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NOTICE OF SALE UNDER POWER
GEORGIA, UPSON COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Kati McKey to Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Liberty Mortgage Corporation, its successors and assigns, dated June 17, 2005, recorded in Deed Book 992, Page 22, Upson County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment recorded in Deed Book 1339, Page 166, Upson County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND FIVE HUNDRED FORTY-ONE AND 0/100 DOLLARS ($86,541.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Upson County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2013, the following described property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
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 collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Branch Banking and Trust Company is the holder of the Note and Security Deed to the property in accordance with OCGA § 44-14-162.2.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kati McKey or a tenant or tenants and said property is more commonly known as 2677 Old Alabama Rd, Thompson, Georgia 30286.
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.
Branch Banking and Trust Company
as Attorney in Fact for
Kati McKey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
MR/jgn 8/6/13
Our file no. 5206813-FT8
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon containing 1.000 acres, situate, lying and being on the southeasterly side of Old Alabama Road in Land Lot 97 of the 15th Land District of Upson County, Georgia, shown and designated as Tract "H" on that certain plat of survey entitled "Plat for Richard Singer", dated June 4, 2002, prepared by Gary F. Self, RLS, of recorded in Plat Book 26, Page 116, Upson County Superior Court Records, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon is by this reference incorporated herein in aid of this description.
Located on the above described property is a dwelling known as 2677 Old Alabama Road, Thomaston, Georgia.
MR/jgn 8/6/13
Our file no. 5206813 - FT8
July 10, 17, 24, 31
13UB07-22
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IN THE PROBATE COURT OF UPSON COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF MYRTIE JOYCE KNISELY, DECEASED
Estate No. 8982
PETITION FOR LETTERS OF ADMINISTRATION
NOTICE
NANCY TENNYSON has petitioned to be appointed Administrator of the estate of MYRTIE JOYCE KNISELY, deceased, of said County. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 5, 2013 at 10:00 a.m. All pleadings/objections must be signed under oath before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/ Danielle McRae
PROBATE JUDGE
P. O. Box 906
Thomaston, GA 30286
706-647-7015
July 10, 17, 24, 31
13UB07-23
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IN THE PROBATE COURT OF UPSON COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF BENNIE FLOYD REVIERE, JR., DECEASED
Estate No. 8981
PETITION FOR LETTERS OF ADMINISTRATION
NOTICE
BEATRICE REVIERE has petitioned to be appointed Administrator of the estate of BENNIE FLOYD REVIERE, JR., deceased, of said County. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 5, 2013 at 10:00 a.m. All pleadings/objections must be signed under oath before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/ Danielle McRae
PROBATE JUDGE
P. O. Box 906
Thomaston, GA 30286
706-647-7015
July 10, 17, 24, 31
13UB07-24
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NOTICE TO CREDITORS AND DEBTORS
All creditors and debtors of the Estate of GEORGIA ANNETTE HUEY, deceased, late of Upson County, Georgia, are hereby notified to render their demands according to Law; and, all persons indebted to said Estate are required to make immediate payment. Said demands and payments to be made to FRED M. HUEY, JR., Executor, at the address shown below.
This 2nd day of July, 2013.
Fred Huey, Jr.
1825 Palmetto-Tyrone Road
Sharpsburg, GA 30277
July 10, 17, 24, 31
13UB07-25
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INVITATION TO BID
Sealed proposals for the purchase of the hereinafter described real estate will be received by the Board of Commissioners of Upson County in the Commissioners’ Office in the Thomaston-Upson County Government Complex, 106 East Lee Street, Suite 110, Thomaston, Georgia 30286, on or before 10:00 a.m. on Friday, July 26, 2013. At the time and place noted above, the proposals will be publicly opened and read aloud.
The tract of real estate to be sold is described as follows, to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in Land Lot 213, 10th Land District of Upson County, Georgia, designated as Tract "A" containing 0.675 acre, on that certain plat of survey dated September 2, 1986, prepared by Charles L. Moore and Gary F. Self, Registered Land Surveyors, of record in Plat Book 12, page 28, Clerk's Office, Superior Court, Upson County, Georgia, and having such size, shape, location, metes, bounds, courses and distances as shown on said plat of survey which by reference is incorporated into and made a part of this description as fully and completely as if copied at length herein.
This is the identical real estate conveyed to Upson County by warranty deed of J. M. Raines, dated September 4, 1986, and of record in Deed Book 320, page 465, said Clerk's Office.
The terms of the sale are cash at closing. The buyer will be required to provide at closing a cashier’s check for the amount of the bid. Bid blanks may be obtained at the Upson County Commissioners’ Office in the Thomaston-Upson County Government Complex, 106 East Lee Street, Suite 110, Thomaston, Georgia 30286.
If a bid is accepted by the Board of Commissioners then the sale shall be completed within 30 days of acceptance or the property will be re-bid.
The Board of Commissioners reserve the right to reject any or all bids or cancel the proposed sale.
BOARD OF COMMISSIONERS OF UPSON COUNTY, GEORGIA
By: RUSTY BLACKSTON, Chairman
July 10, 17
13UB07-26
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IN THE PROBATE COURT
COUNTY OF UPSON
STATE OF GEORGIA
IN RE: ESTATE OF JERRY SOLOMON STRICKLAND, DECEASED
ESTATE NO: 8990
PETITION FOR LETTERS OF ADMINISTRATION
NOTICE
KATHY MARIE BRIDGES STRICKLAND has petitioned to be appointed Administrator of the estate of JERRY SOLOMON STRICKLAND, deceased, of said County. (The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 5, 2013. All pleadings/objections must be signed under oath before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Danielle McRae
Judge of the Probate Court
July 10, 17, 24, 31
13UB07-27
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IN THE PROBATE COURT
COUNTY OF UPSON
STATE OF GEORGIA
IN RE: ESTATE OF DAVID R. ERSKINE, DECEASED
ESTATE NO: 8984
NOTICE OF PETITION TO FILE FOR YEAR’S
SUPPORT
The petition of JUDY KENDALL ERSKINE, for a year’s support from the estate of DAVID R. ERSKINE, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before August 5, 2013, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed the Petition may be granted without a hearing.
Mallory & Trice, LLP
Attorneys at Law
P.O. Drawer 832
Thomaston, GA 30286
/S/DANIELLE McRAE
Judge of the Probate Court
July 10, 17, 24, 31
13UB07-28
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NOTICE OF SALE UNDER POWER, UPSON COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Marsha D. Vinson to Mortgage Electronic Registration Systems, Inc., as nominee for Market Street Mortgage Corporation dated 12/7/2006 and recorded in Deed Book 1076 Page 161, Upson County, Georgia records; as last transferred to Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 88,922.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Upson County, Georgia, within the legal hours of sale on August 06, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All of that certain tract or parcel of land, together with all improvements thereon known as 31 East Moore's Crossing Road, situate, lying and being in Land Lot No. 162 of the Tenth Land District of Upson County, Georgia, known and designated as LOT NO. 4, BLOCK 'E' of "MORNINGSIDE SUBDIVISION," according to plat of said subdivision recorded in PLAT RECORD 1, PAGE 211, Clerk's Office, Superior Court, Upson County, Georgia, reference to which is here made in aid of this description. The tract here conveyed is more particularly described according to plat thereof prepared by Smith & Moore, surveyors, dated May 5, 1965, recorded in PLAT RECORD 4, PAGE 190, said Clerk's Office as follows: BEGINNING at the southwest angle of intersection of Delray Road (A/K/A East Moores Crossing Road) and Poplar Street and running thence south 1 degree 47 minutes 21 seconds east along the west side of Delray Road (A/K/A East Moores Crossing Road) 102.42 feet; thence north
79 degrees 21 minutes 21 seconds west 239.82 feet; thence north 12 degrees 20 minutes 49 seconds east 100.06 feet; thence south 79 degrees 21 minutes 21 seconds east along the south side of Poplar Street 214.80 feet to the point of beginning.
This Is the identical real estate conveyed to Linda K. Rogers by Warranty Deed of Michael Sexton, dated February 12, 2004, and of record in Deed Book 916, Page 027, and as conveyed to Linda K. Rogers, by Warranty Deed of Christina Sexton dated February 24, 2004, and of record in Deed Book 916, Page 029, said Clerk's Office, and as conveyed to Henry A. Sexton, Jr. and Linda K. Rogers by Warranty Deed of Mary Frances G. Sexton (A/K/A Mary G. Sexton) dated May 19, 1995, and of record in Deed Book 504, page 283, said Clerk's Office.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 31 East Moores Crossing Road, Thomaston, GA 30286 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Marsha D. Vinson or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Wells Fargo Bank, NA
Loss Mitigation
3476 Stateview Boulevard
Fort Mill, SC 29715
1-800-662-5014
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Marsha D. Vinson
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-667497312A
July 10, 17, 24, 31
13UB07-29
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NOTICE OF SALE UNDER POWER, UPSON COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Rita N Williams to Mortgage Electronic Registration Systems, Inc. nominee for Market Street Mortgage Corporation dated 5/23/2007 and recorded in Deed Book 1102 Page 164, UPSON County, Georgia records; as last transferred to Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 94,330.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of UPSON County, Georgia, within the legal hours of sale on August 06, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land lying and being in Land Lots 206 & 207 of the 10th Land District, Upson, County, Georgia, and being more particularly described as Lot 11, containing 1.01 acres, more or less, a plat of survey entitled "Plat of Survey for a Kenneth Hayes & Denise Hayes, prepared by Marvin Douglas Gordon. Jr., GRLS # 2395, said plat dated August 5, 2001 and recorded at Plat Book 24, Page 24, Clerk's Office. Upson Superior Court; which said plat together with the metes, bounds, courses and distances as shown thereon is incorporated into this description by reference.
Tax Parcel Identification Number: 041A-051
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 110 Applewood Lane, Meansville, GA 30256 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Rita N Williams or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Wells Fargo Bank, NA
Loss Mitigation
3476 Stateview Boulevard
Fort Mill, SC 29715
1-800-662-5014
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Rita N Williams
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-667497125A
July 10, 17, 24, 31
13UB07-30
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NOTICE OF SALE UNDER POWER, UPSON COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Walter Alex Hill to Southern Horizon Bank dated 10/18/2002 and recorded in Deed Book 826 Page 122, UPSON County, Georgia records; as last transferred to DLJ Mortgage Capital, Inc., conveying the after-described property to secure a Note in the original principal amount of $ 52,181.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of UPSON County, Georgia, within the legal hours of sale on August 06, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
TRACT 1:
All that certain tract of land, containing one acre, situate, lying and being in the southwest corner of Land Lot No, 267 of the 10th Land District of Upson County, Georgia, on the east side of Hannah's Mill Road, and more particularly described as follows:
Beginning at a point on the east side of Hannah's Mill Road on the original south line of said Land Lot No. 267 (said original land line separating the lands here conveyed from lands conveyed to Billy Gene Phillips by deed recorded in Deed Book 177, page 335, Clerk's Office, Superior Court, Upson County, Georgia), and running thence east along said original land lot line 210 feet; thence north parallel to the east side of Hannah's Mill Road 210 feet; thence west parallel to said original land lot line 210 feet to the east side of Hannah's Mill Road; and thence south along the east side of Hannah's Mill Road 210 feet to the point of beginning.
TRACT 2:
All that certain tract of land, containing one acre, situate, lying and being in the southwest part of Land Lot No. 267 of the 10th Land District of Upson County, Georgia, east of and adjacent to that certain tract conveyed to Mrs. Margie Jackson Johnson by deed of I. R. Jackson, dated November 3, 1962, and recorded in Deed Book 185, page 166, in Clerk's Office, Superior Court, Upson County, Georgia, and more particularly described as follows (reference being made to plat recorded in Plat Record 3, page 244 in said Clerk's Office); beginning at the southeast corner of said one acre tract as shown by said plat and running thence south 89 degrees 07 minutes east 210 feet; thence north 00 degrees 29 minutes east 210 feet; thence north 89 degrees 07 minutes west 210 feet to the northeast corner of said one acre tract (as said on said plat) ; and thence south 00 degrees 29 minutes west along the east boundary of said one acre tract a distance of 210 feet to the point of beginning.
This is the identical real estate conveyed to Walter Alex Hill by Warranty Deed of Sandra Gail I. Ellington, Karen Agnes J. Kid, and Laurie Faye J. Smith, dated October 18, 2002, of record in Deed Book 826, Page 120, said Clerk's Office. There is located on said property herein conveyed a residence known as 2112 HANNAH'S MILL ROAD, Thomaston, GA 30286.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 2112 Hannah's Mill Road, Thomaston, GA 30286 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Walter Alex Hill or tenant or tenants.
Select Portfolio Servicing, Inc. is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Select Portfolio Servicing, Inc.
Loan Resolution Department
3815 South West Temple
Salt Lake City, UT 84115
(888) 349-8955
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
DLJ Mortgage Capital, Inc. as agent and Attorney in Fact for Walter Alex Hill
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1012-653035A
July 10, 17, 24, 31
13UB07-31
gpn11
SALE UNDER POWER CONTAINED IN
SECURITY DEED
GEORGIA, UPSON COUNTY
By virtue of the power and authority contained in a security deed, and under the power of sale contained therein, executed by JOHN W. MILLER to GARON GLOVER AND MARY G. GLOVER, of 1556 Keith Rd., Greenville, Ga. 30222-2929, dated April 5, 2011, recorded in DEED BOOK 1256 at PAGE 222, in Clerk’s Office, Superior Court, UPSON County, Georgia, the undersigned will sell at public outcry to the highest bidder for cash at the EAST door of the Courthouse, in THOMASTON, UPSON County, Georgia between the legal hours of sale, on the first Tuesday in August, 2013, the following described real estate, to-wit:
All of that certain tract or parcel of land, together with all improvements thereon, situate, lying, and being in Land Lot No. 192 of the 10th Land District of Upson County, Georgia, known and designated as Lots No. 17 and 18 in Block “A” of the G.A. Weaver Subdivision, according to a plat of said subdivision of record in Deed Book 52 page 18, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the boundaries, metes, courses and distances of said real estate as shown and delineated thereon, is by this reference incorporated herein in aid of this description. Said tract fronts 50 feet, more or less, on the east side of Beall Street and extends easterly in uniform width 110 feet, more or less, all as shown by said plat. Said property is known as 214 Beall Street.
Said tract is conveyed and accepted subject to those certain restrictive covenants and easement reservations affecting the above described property and being of record in said Clerk’s Office.
This is the identical real estate conveyed by deed dated October 6, 2009; recorded Book 1204 Page 76, said Clerk’s office.
The indebtedness secured by said security deed, the same being evidenced by a certain note dated April 5, 2011 executed by John W. Miller to Garon Glover and Mary G. Glover, having become in default, said real estate will be sold and the proceeds from such sale will be applied to the principal and interest owing on said indebtedness, all unpaid taxes, insurance premiums, attorneys’ fees, and the costs of this proceeding, and the balance, if any, to be paid to the party or parties entitled thereto; the holder(s) of said note(s), Garon Glover and Mary G. Glover having declared the entire amount of said principal and interest indebtedness owing payable at once in view of said default, as said note(s) and security deed provide.
Notice has been given, by a letter mailed on July 8,2013 of intention to foreclose in accordance with requirements of law and the terms of said deed to secure debt and promissory note(s). Notice has been given as required by law that attorney’s fees have been asked for and included in the figure for which said property will be sold at public sale, all as required in Sections 44-14-162.2 and 13-1-11 of the Official Code of Georgia.
This 8th day of July, 2013.
Garon Glover and Mary G. Glover AS ATTORNEY IN FACT FOR John W. Miller
Mrs. Mary G. Glover
1556 Keith Road
Greenville, GA 30222-2929
ANY INFORMATION OBTAINED WILL BE USED FOR THE PURPOSE OF COLLECTING A DEBT.
July 10, 17, 24, 31
13UB07-32
NOTICE TO DEBTORS AND CREDITORS
IN RE: THE ESTATE OF DENNIS RUSSELL McKISSICK
All creditors of the Estate of DENNIS RUSSELL McKISSICK are hereby notified to render their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 9th day of July, 2013.
Estate of DENNIS RUSSELL McKISSICK
c/o BOBBY GENE McKISSICK, Jr., Personal Reprentative
144 Sherwood Drive, Thomaston, GA 30286
July 10, 17, 24, 31
13UB07-33