Legal Notices

by | December 29, 2004 12:00 am

By virtue of a Power of Sale contained in that certain Security Deed And Security Agreement from Nicole Gillis to Branch Banking and Trust Company, dated January 7, 2004, recorded January 8, 2004, in Deed Book 218, Page 119, Emanuel County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FORTY-FIVE THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($45,900.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Branch Banking and Trust Company, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in January, 2005, the following described property:

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

By virtue of a Power of Sale contained in that certain Security Deed And Security Agreement from Nicole Gillis to Branch Banking and Trust Company, dated January 7, 2004, recorded January 8, 2004, in Deed Book 218, Page 119, Emanuel County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FORTY-FIVE THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($45,900.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Branch Banking and Trust Company, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in January, 2005, the following described property:

All that tract or parcel of land lying, situate and being in the 53rd G.M. District of Emanuel County, Georgia, designated as Lot #9 of the Bonnie Ogburn Subdivision, fronting a distance 158.5 feet on the Northern side of Patti Lane as shown on Plat of Survey dated March 2, 1970, made by Walter K. Maupin, Surveyor, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 5, page 212 to which reference is made as a part of this description. Said property is bounded now or formerly as follows: Northwest by an alley; Northeast by lands of Michael and Dianne Womack; Southeast by Patti Lane; and Southwest by Ogburn Drive.

Said property is the same as that conveyed by Warranty Deed dated January 7, 2004 from Bonnie F. Ogburn, Jr. to Nicole Gillis, which is recorded in Emanuel County Records in Deed Book 218, pages 117-118.

Said property is commonly known as 691 Patti Lane, Swainsboro, Georgia 30401.

The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note.

Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Nicole Gillis or tenant(s).

BRANCH BANKING AND TRUST COMPANY

as Attorney in Fact for

NICOLE GILLIS

Contact: Glen D. Rubin

Adorno & Yoss, L.L.C.

Two Midtown Plaza

1349 West Peachtree Suite 1500

Atlanta, GA 30309

Tel (404) 347-8326

ADORNO File No. 212495.0019

Ad Run Dates 12/08/04, 12/15/04, 12/22/04 AND 12/29/04

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

______

STATE OF GEORGIA

COUNTY OF Emanuel

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 Brian Y. Steptoe and Natasha K. Steptoe to Conseco Finance Servicing Corp. dated 10/26/2000, and recorded in Deed Book 151, page 44, Emanuel County records, as last transferred to Green Tree Servicing, LLC, 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 in January, 2005 by Green Tree Servicing, LLC, as Attorney-in-Fact for Brian Y. Steptoe and Natasha K. Steptoe the following described property:

Tract 1:

All that tract or parcel of land situate, lying and being in the 53rd G.M. District of Emanuel County, Georgia, as shown on a plat of Survey by Aubrey E. Scott, RLS, dated 03-03-80. Said tract being designated as Lot 8 on said plat and recorded in Plat Book 10, page 484, in the Clerk’s office of Superior Court of Emanuel Court, Georgia, and to which plat reference is hereby made for a more full, complete and accurate description hereof. Said tract being bounded as shown on said plat as follows: on the North by Bonnie F. Obgum, Jr.: on the East by Atkinson Drive; on the South by Bonnie F Obgum, Jr.; on the West by Bonnie F. Obgum, Jr.

Tract 2:

All that tract or parcel of land situate, lying and being in the 53rd G.M. district of Emanuel County, Georgia described as follows: Beginning at a point 740 North, 21 degrees 20 minutes East along the Eastern right of way of Atkinson Drive from the intersection of Atkinson Drive and a private way shown on a plat of survey by Aubrey E. Scott, RLS, dated 03-03-80, recorded in Plat Book 10, page 484, in the Clerk’s office of Superior Court of Emanuel County, to point of beginning; thence turning and running North 19 degrees, 12 minutes West a distance of 87.69 feet to a point; thence turning and running North 45 degrees 30 minutes East a distance of 180.2 feet to a point; thence turning and running South 21 degrees 00 minutes a distance of 158.5 feet to the point of beginning.

Property known as: 129 Atkinson Drive, Swainsboro, GA 30401

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 The Aforesaid Grantors 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.

To the best of the undersigned’s knowledge and belief, the party in possession is Brian Y. Steptoe and Natasha K. Steptoe.

Green Tree Servicing, LLC, as Attorney-in-fact for Brian Y. Steptoe and Natasha K. Steptoe.

This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.

Pendergast & Jones, P.C.

South Terraces. Suite 1010

115 Perimeter Center Place

Atlanta, GA 30346

770-392-0303

Bob Palmerson

Pendergast & Jones PC

South Terraces, Suite 1010

115 Perimeter Center Place

Atlanta, GA 30346

ph. 770 392-0303 x305

fax 770 392-0909

______

NOTICE OF FORECLOSURE

STATE OF GEORGIA

COUNTY OF EMANUEL

WHEREAS, heretofore on September 1, 1998 Clairessa Robinson and Michael Robinson did deliver to Carl Bryant, a Deed to Secure Debt conveying the land described in Exhibit “A” below; And,

WHEREAS, said Deed to Secure Debt was executed to secure a Note of even date therewith between Clairessa Robinson and Michael Robinson and Carl Bryant in the original amount of $29,000.00, including any renewals thereof which was or would be evidenced by a Note or Notes, which is shown by said Deed to Secure Debt recorded in the Office of Clerk, Emanuel County Superior Court, in Deed Book 115, Page 217: And,

WHEREAS, said Note was due and payable in monthly installments which are past due and Carl Bryant has elected to accelerate payment of said Note; And,

WHEREAS, notice has been given as required by O.C.G.A. 44-14-162 through 44-14-163.4 (MICHIE 1982).

NOW THEREFORE, according to the original terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder for cash, the property described in said Deed to Secure Debt from Clairessa Robinson and Michael Robinson to Carl Bryant, after proper advertisement, on the first Tuesday in January, 2005, to-wit: January 4, 2005 between the legal hours of sale before the courthouse door in Swainsboro, Emanuel County, Georgia. Said sale will be subject to any outstanding ad valorem taxes, and the purchaser will be responsible for any Georgia Real Estate Transfer Tax. Proceeds from said sale will be used first, to pay the cost and expense of said sale; second, to pay the balance on the indebtedness mentioned above due by Clairessa Robinson and Michael Robinson, and third, to pay the surplus, if any, to the person or persons legally entitled thereto.

This 30th day of November, 2004.

By Loren Gary II Attorney for Carl Bryant

SHEPHERD, GARY & McWHORTER

Attorneys at Law

P.O. Drawer 99

Swainsboro, Georgia 30401

(478) 237-7551

EXHIBIT “A”

All that lot or parcel of land situate, lying and being in the City of Swainsboro, 53rd G.M. District of Emanuel County, Georgia, formerly known as the Gertrude Safford Homeplace fronting 50 feet on the West side of Coleman Street and extending back between parallel lines a distance of 150 feet. Said property being bounded now or formerly as follows: On the North by lands of D.L. Curl; East by Coleman Street; South by Lot of Otis G. Price; and West by Lot of D.E. Flanders.

Being the same property described in a Warranty Deed from Hoke S. Rich, Sr. to Jimmy W. Rich dated July 24, 1980 and recorded in Deed Book HN, Page 764, Emanuel County Clerk’s Records.

______

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL 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 Mark A. Smith and Nancy M. Smith to Mortgage Electronic Registration Systems, Inc., dated September 10, 2002, recorded in Deed Book 188, Page 192, Emanuel County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($75,500.00), 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 Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in January, 2005, 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.

To the best knowledge and belief of the undersigned, the party in possession of the property is Mark A. Smith and Nancy M. Smith or a tenant or tenants and said property is more commonly known as 57 Springfield Road, Twin City, Georgia 30471.

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.

Mortgage Electronic Registration Systems, Inc.

as Attorney in Fact for

Mark A. Smith and Nancy M. Smith

Daniel D. Phelan

McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC

1544 Old Alabama Road

Roswell, Georgia 30076

www.foreclosurehotline.net

DDP/dej 1/4/05

Our file no. 52003504-FT4

EXHIBIT “A”

All that tract or parcel of land situate, lying and being in the 58th GMD, Emanuel County, Georgia, City of Oak Park, known and designated as Lot 10, containing 1.281 acres and Lot 11, containing 1.437 acres, as shown on that certain plat of survey recorded in aforesaid records in Plat Book 18, page 664, to which specific reference is hereby made and incorporated herein. Said property being bounded as follows: on the north by Sun Lake Road; on the east by land of Harold Braun; on the south by Sun Lake; and, on the west by Lot 12 as shown on said plat.

More commonly known as 57 Springfield Road, Twin City, Ga. 30471

Map/Parcel Out of 101-8

______

Georgia, Emanuel County Probate Court

Jerusha E. Hobbs has petitioned to be appointed Administrator of the estate of Henry Willis Hobbs, 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.§53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition to the petiton must be in writing, setting forth the gounds of any such objections, and must be filed with the court on or before 10 a.m. Jan. 10, 2005. 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.

Don E. Wilkes

Judge Of The Probate Court

By: Sharon P. Scott

Clerk Of The Probate Court(D15/J5)

______

CONCURRENT NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF REQUEST FOR RELEASE OF FUNDS

December 29, 2004

The Swainsboro Emanuel County Airport Commission

101 West Main Street

Swainsboro, GA 30401

478-237-7025

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS

On or about 16 days from the above noted date of publication date, the City of Swainsboro (Emanuel County) will request the Georgia Department of Community Affairs (DCA) to release federal funds under Title I of the Housing and Community Development Act of 1974, as amended, for the following project:

Public Infrastructure Improvements at the Swainsboro Emanuel Co. Airport

(Project Title or Name)

Storm Water Drainage, Grading, Paving and Aircraft/Vehicle Parking

(Project Activities)

Supporting Improvements for Expanding the Airport, and Two Businesses w Ten New Jobs

(Purpose or Nature of the Project)

Swainsboro/Emanuel Co. Airport on Kite Road

(Specific Location of the Project)

FINDING OF NO SIGNIFICANT IMPACT (FONSI)

It has been determined that such request for release of funds will not constitute an action significantly affecting the quality or the human environment and, accordingly, the above named City/County has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91-190)

The reasons for such decision not to prepare such Statement are as follows:

Previous clearance of such issues, when airport was originally constructed, for compliance with requirements of GA DOT and to qualify for federal grant funding.

(Set forth reasons for decision)

An Environmental Review Record respecting the proposed project has been made by the above named City/County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Record is on file at 101 West Main Street

Swainsboro, GA 30401 and is available for public examination and copying upon request between the hours of 9 and 5.

No further environmental review of such project is proposed to be conducted prior to the request for release of federal funds.

PUBLIC COMMENTS ON FONSI

All interested agencies groups and persons disagreeing with this decision are invited to submit written comments for consideration by the city/county to the office of the undersigned. Such written comments should be received at the above address on or before 15 days from the date above first noted. All such comments so received will be considered and the city/county will not request the release of federal funds or take any administrative action on the proposed project prior to the date specified in the preceding sentence.

NOTICE OF INTENT TO REQEST RELEASE OF FUNDS (NOI/RROF)

At least one day after the termination of the public comment period for the FONSI but not before comments on the FONSI have been considered and resolved. The City/County will submit a Request for Release of funds (RROF) and Certification to DCA. By so doing the City/County will ask DCA to allow it to commit funds to this project certifying that (1) it has performed the environmental review prescribed by HUD regulations (“Environmental Review Procedures for Title I Community Block Grant Program” -24 CFR Part 58). and 2) the Certifying Officer. (name). consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review or resulting decision making an action. The legal effect of the certification is that by approving it, DCA will have satisfied its responsibilities under the National Environment Act thus allowing the City of Swainsboro to commit Community Development Block Grant funds to this project.

OBJECTION TO RELEASE OF FUNDS

DCA will accept objections to this approval of the release of funds and the certification only if it is on one of the following bases: a) that the certification was not in fact executed by the Certifying Officer, or b) that applicant’s Environmental Review Record for the project indicated omission of a required decision, finding, or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to DCA at CDBG Section, 60 Executive Park South, Atlanta, Georgia 30329-2231

Objections to the release of funds on bases other than those stated above will not be considered by the state. No objection received after (30 days plus mailing time from the date publication) will be considered by DCA.

City of Swainsboro

(Name of Local Government)

Al Lawson, Jr., City Administrator

(Name of Certifying Officer)

101 West Main Street

(Address)

Swainsboro, GA 30401

(City/ Zip)(D29)

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