Legal Notices

by | June 28, 2005 12:00 am

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

On May 7, 2004, PHYLLIS R. CARSWELL

delivered to MAGNOLIA

STATE BANK A DIVISION OF BANK

OF EASTMAN a certain security deed

containing power of sale in order to

secure indebtedness therein recited

in the principal amount of $62,900.00

as shown by the record of same in

Deed Book 227, Page 540 of the Public

Records of Emanuel County,

Georgia conveying the following

property, to wit:

All that tract or parcel of land, situate,

lying and being in the 53rd

G.M.D., Emanuel County, Georgia,

being known and described as the

whole of Lot 18 of the BONNIE OGBURN

SUBDIVISION and being more

particularly shown on a plat of survey

dated March 2, 1970 by Walter K.

Maupin and recorded in Plat Book 5,

Page 212, Emanuel County Superior

Court Clerk’s records. Said plat and

the reference thereto is incorporated

herein for a more complete and accurate

description of the subject property.

This security deed was executed

to secure a debt evidenced by a note,

and the amount and terms and conditions

of the debt are shown in the

security deed.

The debt secured by this security

deed has been and is hereby declared

due because of, among possible

events of default, non-payment of

the monthly installments of said

loan.

THEREFORE, according

to the terms of this security deed and

the applicable law, the undersigned

will, after proper advertisement, sell

the above described property to the

highest bidder, for cash, on the first

Tuesday in July, 2005 during the legal

hours of sale before the Courthouse

door in Emanuel County, Georgia.

This property will be sold as the

property of Phyllis R. Carswell and

the sale will be subject to the following:

Any outstanding ad valorem taxes

(including taxes which are liens,

whether or not 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 proceeds

of the sale will be used first to

the payment of the debt to the undersigned,

including principal, interest,

attorneys fees and expenses, and the

balance, if any, will be distributed as

provided by law. To the best knowledge

and belief of the undersigned,

the property is now in possession of

Phyllis R. Carswell. This communication

is from a debt collector.

MAGNOLIA STATE BANK A DIVISION

OF BANK OF EASTMAN

Attorney in fact for Phyllis R. Carswell

Molly L. McCollum

Attorney at Law

3370 Vineville Avenue, Suite 103

Macon, GA 31204

(478) 405-9924(J8-29)

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

On April 7, 2004, KIM L. GLADDIN

delivered to MAGNOLIA STATE

BANK A DIVISION OF BANK OF

EASTMAN a certain security deed

containing power of sale in order to

secure indebtedness therein recited

in the principal amount of $45,000.00

as shown by the record of same in

Deed Book 223, Page 362 of the Public

Records of Emanuel County,

Georgia conveying the following

property, to wit:

All that tract or parcel of land situate,

lying and being in the 53rd GMD

of Emanuel County, Georgia, being

designated as the whole of Lot 14 of

the BONNIE OGBURN SUBDIVISION

and being more particularly shown

on a plat of survey dated March 2,

1970 by Walter K. Maupin and recorded

in Plat Book 5, Page 212, Emanuel

County Superior Court Clerk’s

records. Said plat and the reference

thereto is incorporated herein for a

more complete and accurate description

of the subject property.

This security deed was executed

to secure a debt evidenced by a note,

and the amount and terms and conditions

of the debt are shown in the

security deed.

The debt secured by this security

deed has been and is hereby declared

due because of, among possible

events of default, non-payment of

the monthly installments of said

loan.

THEREFORE, according

to the terms of this security deed and

the applicable law, the undersigned

will, after proper advertisement, sell

the above described property to the

highest bidder, for cash, on the first

Tuesday in July, 2005 during the legal

hours of sale before the Courthouse

door in Emanuel County, Georgia.

This property will be sold as the

property of Kim L. Gladdin and the

sale will be subject to the following:

Any outstanding ad valorem taxes

(including taxes which are liens,

whether or not 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 proceeds

of the sale will be used first to

the payment of the debt to the undersigned,

including principal, interest,

attorneys fees and expenses, and the

balance, if any, will be distributed as

provided by law. To the best knowledge

and belief of the undersigned,

the property is now in possession of

Kim L. Gladdin. This communication

is from a debt collector.

MAGNOLIA STATE BANK A DIVISION

OF BANK OF EASTMAN

Attorney in fact for Kim L.

Gladdin

Molly L. McCollum

Attorney at Law

3370 Vineville Avenue, Suite 103

Macon, GA 31204

(478) 405-9924(J8-29)

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

By virtue of a Power of Sale contained

in that certain Security Deed

from Bobby J. Marsh to Wilmington

Finance, Inc., dated July 15, 2002,

recorded in Deed Book 185, Page 26,

Emanuel County, Georgia Records,

said Security Deed having been given

to secure a Note of even date in

the original principal amount of

THIRTY-FOUR THOUSAND FIVE

HUNDRED AND 00/100 DOLLARS ($

34,500.00) with interest thereon as

provided for therein, said Security

Deed having been last sold, assigned

and transferred to JPMorgan Chase

Bank as trustee, c/o Residential

Funding Corporation, 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 July 2005

the following described property:

All that lot or parcel of

land lying, situate, and being in the

City of Swainsboro, 53rd G.M. District

of Emanuel County, Georgia,

containing 0.228 acres, more or less,

and designated as Parcel 1 on that

certain plat of survey prepared by

Aubrey E. Scott, Surveyor, on March

5, 1982, which is recorded in Plat

Book 12, Page 71, of the Records of

the Office of Clerk, Emanuel Superior

Court. Said plat by reference hereto

is incorporated herein for a more full,

complete and accurate description of

said property. Said tract of land being

bounded now or formerly as follows:

On the Northeast by lands of

Malvadine Youmans; Southeast by

Mable Avenue; Southwest by Parcel

2, as shown on said plat; and Northwest

by lands of Margaret H. Rowland

and Danny Rowland.

The within conveyed property is

the same property as was conveyed

by Survivorship Deed dated February

12, 1997 from Kenneth J. Carlton

Warnock, d/b/a Warnock Properties

to Bobby Joe Marsh and Tina Jean

Marsh, said Deed being recorded in

Deed Book 105, Page 552-553,

Emanuel County Records.

Said property is commonly

known as 228 Mable Avenue, Swainsboro,

GA 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 attorney’s 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 Bobby J. Marsh and

Tina Jean Marsh or tenant(s).

JPMORGAN CHASE BANK AS

TRUSTEE

as Attorney in Fact for

BOBBY J. MARSH

Contact: Terri Clifton (ext. 1614)

Morris, Schneider & Prior, L.L.C.

1587 Northeast Expressway

Atlanta, GA 30329

(770) 234-9181

MSP File No. 382.0509388TRC

Ad Run Dates: 6/8/05, 6/15/05,

6/22/05, 6/29/05 Web Site: www.foreclosures.

msplaw.com

THIS LAW FIRM IS ATTEMPTING

TO COLLECT A DEBT. ANY INFORMATION

OBTAINED WILL BE USED

FOR THAT PURPOSE.

NOTICE OF FORECLOSURE

GEORGIA, EMANUEL COUNTY.

WHEREAS, heretofore on October

4, 2002, ARNOLD E. WRIGHT, III

and DANNIE A. DAVIS did deliver to

DURDEN BANKING COMPANY, INC.,

a Deed to Secure Debt conveying the

following described land, to-wit:

All that lot or parcel of land, together

with all improvements thereon,

lying, situate, and being in the

City of Swainsboro, 53rd G. M. District

of Emanuel County, Georgia,

containing 2.426 acres, and being

Lots 21, 22, 23, 24, 25, and the Northeast

part of Lot 42 of Block “K” of the

First Addition to Grove Park Subdivision

as shown on plat of survey prepared

by Walter K. Maupin, Jr., Surveyor,

dated February 22, 1996,

recorded in Plat Book 17, page 460,

Emanuel County Clerk’s Records.

Said plat is incorporated herein for a

more full, complete, and accurate description

hereof.

The above described property is

the same as that conveyed by Joint

Survivorship Warranty Deed from

Edwin C. Patrick and Bethann Patrick

to Arnold E. Wright, III and Dannie A.

Davis dated October 4, 2002, which is

recorded in Deed Book 189, pages

221-222, of the Records of the Office

of Clerk, Emanuel Superior Court.

Dannie A. Davis, n/k/a Dannie A.

Wright, conveyed her interest in said

property to Arnold Edgar Wright, III,

by a Quit-Claim Deed dated January

22, 2004, recorded in the Office of

Clerk, Emanuel Superior Court, in

Deed Book 220, pages 1-2.

WHEREAS, said Deed to Secure

Debt was executed to secure a Note

of even date therewith, in the original

amount of $—-117,606.50, with interest

thereon as set forth therein, together

with all other indebtedness of

the borrower to the lender then due

or that might thereafter become due,

or thereafter become contracted,

which was or would be evidenced by

a note or notes, all as shown by said

Deed to Secure Debt recorded in the

Office of Clerk, Emanuel County Superior

Court, in Deed Book 189,

Pages 223-226; and

WHEREAS, 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.

WHEREAS, notice has been given

as required by O.C.G.A. Ann. { 4414-162 through 44-14-162.4 (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 ARNOLD E. WRIGHT, III

and DANNIE A. DAVIS to DURDEN

BANKING COMPANY, INC., after

proper advertisement on the first

Tuesday in July, 2005, between 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 due on the indebtedness

mentioned above from ARNOLD E.

WRIGHT, III and DANNIE A. DAVIS to

DURDEN BANKING COMPANY, INC.,

and third, to pay the surplus, if any,

to the person or persons legally entitled

thereto.

To the best knowledge and belief

of the undersigned, the party in possession

of the property is ARNOLD

E. WRIGHT, III or a tenant or tenants

and said property is more commonly

known as 320 Watson St., Swainsboro,

GA .

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, including but not limited to a

determination that the loan was not

reinstated

prior to the foreclosure sale.

This 25th day of May, 2005.

DURDEN BANKING COMPANY,

INC.,

As Attorney in Fact for

Arnold E. Wright, III and Dannie A.

Davis

Jerry N. Cadle, P.C.

Attorney at Law

P. O. Box 68

Swainsboro, Georgia 30401

(912) 237-2271

This law firm is acting as a debt

collector attempting to collect a debt.

Any information obtained will be used

for that purpose.

(Publish June 8, 15, 22, and 29,

2005)

Public Notice

Pursuant to city regulations regarding

the issuance of an alcoholic

beverage license, notice is hereby

given to the public that an application

has been filed by Tony Wiley, DBA

Just Us, for a license to sell beer and

wine for consumption on premises,

located at 112 South Central Street,

Swainsboro, GA 30401

This application will be considered

at a meeting of mayor and city

council to be held on July 18, 2005 at

6 p.m. in City Hall of Swainsboro, Ga

30401.

City of Swainsboro

Al L. Lawson

City Administrator(J29/Ju6)

NOTICE TO DEBTORS AND

CREDITORS

All Creditors of the estate of DON

CORBIN, Late of Emanuel County,

Georgia, Deceased, are hereby notified

to render in their demands to the

undersigned according to law, and all

persons indebted to said estate are

required to make immediate payment

to the undersigned.

This 20th day of June, 2005.

James C. Corbin

Executor of the Estate of

Don Corbin

P.O. Box 822

Swainsboro, GA 30401(J29-Ju27)

NOTICE TO DEBTORS AND

CREDITORS

All Creditors of the estate of

LEILA E. TANNER, Late of Emanuel

County, Georgia, Deceased, are hereby

notified to render in their demands

to the undersigned according to law,

and all persons indebted to said estate

are required to make immediate

payment to the undersigned.

This 17th day of June, 2005.

Lisa T. Holaway

Executrix of the Estate of

Leila E. Tanner

210 Brantley Street

Swainsboro, GA 30401(J29-Ju20)

Citation

Georgia, Emanuel County

In the probate court of Emanuel

County

To: All creditors and parties at interest

Notice is hereby given that Horace

W. Chatham, son of Shirley D.

Smith, also known as Shirley D.

Wheeler, late of the state of Florida

but owing real estate in Emanuel

County, Georgia, has filed application

with me to declare No Administration

Necessary on the real estate owned

by her in Emanuel County, Georgia.

Said application will be heard in my

office on the 12th day of July, 2005,

and if no objection is made, an Order

will be passed declaring No Administration

Necessary on said real estate

as part of the decedent’s estate.

This is the 17th day of June, 2005.

Don. E. Wilkes,

Judge, Probate Court, Emanuel

County

Shepherd, Gary & McWhorter

Attorneys at law

P.O. Box 99

Swainsboro, Georgia, 30401

Telephone No. 478-237-7551(J29)

Citation

Georgia, Emanuel County

In the probate court of Emanuel

County

To: All creditors and parties at interest

Notice is hereby given that Johnny

Brooks Cowart, III, son and sole

heir at law of Johnny Brooks Cowart,

Jr., late of Emanuel County, Georgia,

has filed application with me to declare

No Administration Necessary on

the personal property owned by him

in Emanuel County, Georgia. Sad application

will be heard in my office on

the 5th day of July, 2005, and if no objection

is made, an Order will be

passed declaring No Administration

Necessary on said personal property

as part of the decedent’s estate.

This is the 15th day of June, 2005

Don E. Wilkes

Judge, Probate Court, Emanuel

County

Shepherd, Gary & McWhorter

Attorneys at Law

P.O. Box 99

Swainsboro, Georgia, 30401

Telephone No. 478-237-7551(J29)

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