LEGALS 1-30-13

by | January 31, 2013 10:03 am

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STATE OF GEORGIA

COUNTY OF EMANUEL

NOTICE OF SALE UNDER POWER

 Because of a default in the payment of the indebtedness secured by a Security Deed executed by Nancy J. Palus to Mortgage Electronic Registration Systems, Inc. as nominee for First Bank Mortgage a division of First Bank of Georgia and its successors and assigns. dated  February 20, 2004, and recorded in Deed Book 220, Page 411, Emanuel County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Homeward Residential, Inc. by Assignment, securing a Note in the original principal amount of $41,325.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, February 5, 2013, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:  

All that lot or parcel of land lying, situate, and being in the City of Swainsboro, 53rd G.M. District of Emanuel County, Georgia, being known and designated as Lots 7 and 8 of the 5TH Addition, Block B, Lake Luck Subdivision, as shown on plat of survey made by Walter K. Maupin, Surveyor, dated February 26, 1979, and recorded in the Office of Clerk, Emanuel County Superior Court, in Plat Book 10, page 249, to which reference is made as a part of this description. Said property fronts a distance of 100 feet on the Northern side of Happiness Road and is bounded on the North by Lot 18 and Lot 17 of said Block and Subdivision; East by Lot 6 of said Block and Subdivision; South by the right of way of Happiness Road; and West by Lot 9 of said Block and Subdivision. Said property is also shown on a subdivision plat which is recorded in the Office of Clerk, Emanuel Superior Court, in Plat Book 1, page 16, to which reference is also made as a part of this description.

Said property is the same as that conveyed to Patrick F. Pritchard and Diane H. Pritchard by a Joint Survivorship Warranty Deed from Ella Mae Smiley, dated November 21, 2001, which is recorded in the Office of Clerk, Emanuel Superior Court, in Deed Book 170, page 633.

Said property is known as 114 Happines Drive, Swainsboro, GA 30401, together with all fixtures and personal property attached to and constituting a part of said property, if any.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.

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 secured creditor.

The property is or may be in the possession of Nancy J. Palus, successor in interest or tenant(s).

Homeward Residential, Inc. as Attorney-in-Fact for Nancy J. Palus

File no. 12-037456

SHAPIRO & SWERTFEGER, LLP*

Attorneys and Counselors at Law

2872 Woodcock Blvd., Suite 100

Atlanta, GA 30341-3941

(770) 220-2535/AB

www.swertfeger.net   

*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

[FC-NOS]

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NOTICE OF SALE UNDER POWER GEORGIA, CANDLER COUNTY and 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 Joseph A Harper and Vanessa B Harper to Washington Mutual Bank, FA., dated December 23, 2003, recorded in Deed Book 206, Page 276, Candler County, Georgia Records and recorded in Deed Book 301, Page 230, Emanuel County, Georgia Records,, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 269, Page 173, Candler County, Georgia Records, and recorded in Deed Book 289, Page 477, Emanuel County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-THREE THOUSAND TWO HUNDRED FORTY-ONE AND 0/100 DOLLARS ($133,241.00), 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 Candler County, Georgia within the legal hours of sale on the first Tuesday in February, 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. Wells Fargo Bank, NA 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: Wells Fargo Home Mortgage a div. of Wells Fargo Bank, N.A., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. To the best knowledge and belief of the undersigned, the party in possession of the property is Joseph A Harper and Vanessa B Harper or a tenant or tenants and said property is more commonly known as 38 Starling 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. Wells Fargo Bank, NA as Attorney in Fact for Joseph A Harper and Vanessa B Harper McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/slb3 2/5/13 Our file no. 5431712-FT12 EXHIBIT “A” All that certain parcel of land situated partially in the 1734th G.M. District in the County of Candler and partially in the 1560th G.M. District in the County of Emanuel, State of Georgia being known and designated as containing 5.00 acres, more or less, all as shown by that certain plat of survey dated December 15, 1995, by George William Donaldson, Georgia Registered Land Surveyor Number 1970. Said plat being recorded in Plat Book 7, Page 168 of the Candler County Records and in Plat Book 17, Page 423 of the Emanuel County records which plat and the reference thereof is incorporated herein for a more complete and accurate description. Tax ID: 8-4 (County of Candler) 168011 (County of Emanuel) MR/slb3 2/5/13 Our file no. 5431712 – FT12

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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 the Deed to Secure Debt dated September 16, 2002, from William T. McGahee and Paula J. McGahee to Conseco Finance Servicing Corp. filed for record on September 18, 2002, and recorded in Deed Book 188, Page 152, in the office of the Clerk of the Superior Court of Emanuel County, Georgia, and last assigned to Wells Fargo Bank, N.A., as Trustee for Green Tree 2008-MH1 the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse in Emanuel County, Georgia, on the first Tuesday in February, 2013, to the highest bidder for cash, the following described real property: 

 All that tract or parcel of land lying and being in the 58th G.M. District, Emanuel County, Georgia, being designated as Lot 5, and being bounded, now or formerly, as follows: on the North by lands of Larry Jordan Future Development; on the East by Lot 4; on the South by right-of-way of Georgia Highway 46; and on the West by a proposed road.  Said property is more particularly described on a plat of survey prepared by Timothy W. Eason, Registered Land Surveyor, dated April 3, 2002, and recorded in Plat Book 18, Page 666, Clerk’s Office Emanuel Superior Court.  Said plat is incorporated herein and made a part hereof by reference.

Subject however to all restrictive covenants, easements and rights-of-way of record.

Also located on the property is a mobile home described as follows:

2001 Horton Mirage  Mobile Home, Manufacturer’s ID No. H174478GL&R

The debt secured by said Deed to Secure Debt is evidenced by a Note dated September  13, 2002, in the principal amount of Seventy-Eight Thousand Four Hundred and 28/100 Dollars ($78,400.28) executed by William T. McGahee and Paula J. McGahee in favor of Conseco Finance Servicing Corp.

The debt secured by said Deed to Secure Debt and evidenced by said Note has been and is hereby declared due and payable because of grantor’s failure to comply with certain terms and conditions in said Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney fees and all expenses of said sale.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, easements, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above.

 To the best of the undersigned’s knowledge and belief, said property is also known as 279 Highway 46 E, Twin City, Georgia 30471, and the parties in possession of the property are William T. McGahee and Paula J. McGahee or tenants of William T. McGahee and Paula J. McGahee.  

Notice  has been given of intention to enforce provisions for collection of attorney fees and  in accordance with legal requirements and the terms of said Deed to Secure Debt and Mortgage Note.

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.

Wells Fargo Bank, N.A., as Trustee for Green Tree 2008-MH1 by Green Tree Servicing, 

LLC, as Servicer with delegated authority under the transaction documents, as Attorney-

in-fact for William T. McGahee and Paula J. McGahee

Carellas & Newberry, P.C.

Post Office Box 2599

Rincon, Georgia 31326

912-826-7100

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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 Darren Fuller to Option One Mortgage Corporation, dated April 17, 2006, recorded in Deed Book 267, Page 206, Emanuel County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 by assignment recorded in Deed Book 377, Page 515, Emanuel County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of NINETY-TWO THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS ($92,700.00), 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 February, 2013, 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, fronting on the Southern side of Barbara Avenue, and being known as all of Lot No. 7 and a portion of Lot No. 8, Block C, of the Flanders-Chance Subdivision, as shown on a plat of survey dated July 27, 1960, made by Frank J. Ford, Surveyor, and recorded in the Office of the Clerk, Emanuel Superior Court, in Plat Book 1, page 326, to which reference is made as a part of this description. Said property is bounded, now or formerly, as follows: North by Barbara Avenue; East by the remainder of Lot 8 of said block and subdivision, being the lands of Roy Tate Parker and Tammy Parker; South by lands of Arthur Willie Chance, III; and West by Lot 6 of said block and subdivision, being the lands of Wanda L. London. Said property is the same as that which was conveyed by Warranty Deed dated November 14, 2005 from Ronnie J. Page and Faye Ann Page to Darren Fuller, which is recorded in Deed Book 258, pages 30-31 in the Records of the Office of the Clerk, Emanuel Superior Court. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Homeward Residential, Inc. holds the Note and Security Deed to the above-referenced property and services the above-referenced loan on behalf of the current owner of the loan: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5. Homeward Residential, Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure, and has the authority to negotiate, amend or modify the terms of the loan. 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 Darren Fuller or a tenant or tenants and said property is more commonly known as 551 Barbara Ave, Swainsboro, Georgia 30401. 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 Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 as Attorney in Fact for Darren Fuller Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/at6 2/5/13 Our file no. 1132212-FT1

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State Of Georgia

County of Emanuel

Notice Of Sale Under Power

By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from Lord Thompson Enterprises, Inc. to Branch Banking and Trust Company dated July 31, 2007 and recorded in Deed Book 295, Page 223, Emanuel County, Georgia Records, as may be modified or amended, (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Emanuel County, Georgia, within the legal hours of sale on Tuesday, February 5, 2013, the property described on Exhibit “A” attached hereto and incorporated herein by reference.  The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments.  The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.

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, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.

Please note that Branch Banking and Trust Company is the entity that has full authority to negotiate, amend, and modify all terms of the mortgage, and that Branch Banking and Trust Company can be contacted through the following representative:

 Martin G. Quirk, Esq.

 6000 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30328

 404-252-1425

To the best knowledge and belief of the undersigned, the Party in possession of the property is Lord Thompson Enterprises, Inc. or a tenant or tenants, and said property is more commonly known as property located on US Highway 1, Swainsboro, Emanuel County, Georgia.  However, please rely only on the legal description contained in this notice for the location of the property.  The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.

Branch Banking and Trust Company

Attorney in Fact for Lord Thompson Enterprises, Inc.

Martin G. Quirk, Esq.

Quirk & Quirk, LLC

6000 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30328

(404) 252-1425

EXHIBIT “A”

All that tract or parcel of land lying, situate and being in the 53rd G.M. District of Emanuel County, Georgia, designated as Parcel No.1, containing 12.69 acres and fronting on the Western side of U.S. Highway No.1 as shown on Plat of Survey made by Marlin Nevil, Surveyor, dated July 23, 2007, revised July 26, 2007, to show 3 Parcels, and recorded in the Office of Clerk, Emanuel Superior Court, in Plat Book 20, Page 74C, to which reference is made as a part of this description. Said 12.69 acres is bounded now or formerly as follows: 

Northwest by lands of Ralph Foskey as shown on said plat of survey; Northeast by lands of Joseph S. Cowart and lands of George B. Nalley, Jr. and Blake Garrett, Jr. – Trustee, as shown on said plat of survey; East by the right of way of U.S. Highway No.1; South by Parcel No. 2 and Parcel No. 3 as shown on said plat of survey, and lands of Ranch Park Estates, Eight Addition, Block “C”, as shown on said plat of survey; and West by Ranch Park Estates, Eight Addition, Block “C”, as shown on said plat of survey.

The above described property is a portion of that conveyed, collectively, in the following deeds:

Warranty Deed conveying eight (8) acres from P. Raymond Riner to Perry’s Auto Auction, Inc. dated January 2, 1976, recorded in the Office of Clerk, Emanuel Superior Court, in Deed Book GP, page 502; 

Warranty Deed conveying 4.64 acres from Roy McGee to Perry’s Auto Auction, Inc. dated December 12,1983, recorded in the Office of Clerk, Emanuel Superior Court, in Deed Book IG, page 482; 

Warranty Deed conveying 0.25 of an acre from Thelma M. Waller Peebles to Perry’s Auto Auction, Inc. dated January 3, 1985, recorded in the Office of Clerk, Emanuel Superior Court, in Deed Book IM, page 706.

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Notice of Sale Under Power. State of Georgia, County of EMANUEL. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DARREN FULLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), AS NOMINEE FOR ONE SOURCE MORTGAGE, L.L.C. , dated 12/07/2004, and Recorded on 12/13/2004 as Book No. 238 and Page No. 451-471, EMANUEL County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CSFB MORTGAGE PASS-THRU CERTIFICATES, SERIES 2005-6 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $77,600.00, 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 EMANUEL County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING, SITUATE, AND BEING IN THE CITY OF SWAINSBORO, 53RD G.M. DISTRICT OF EMANUEL COUNTY, GEORGIA, BEING LOT NO. 21 IN BLOCK “E” OF THE NEAL’S PINE HAVEN SUBDIVISION AS SHOWN ON PLAT RECORDED IN PLAT BOOK 1, PAGE 259, EMANUEL COUNTY CLERK’S RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE SAME ON THE NORTHEAST SIDE OF RICHARD STREET, SAID POINT BEING MEARSURED SOUTH 48 DEGREES 15 MINUTES EAST 516.72 FEET FROM THE INTERESECTION OF RICHARD STREET AND JAMES STREET AND RUNNING THENCE WITH THE DIVIDING LINE BETWEEN SAID LOT 21 AND LOT 22 NORTH 40 DEGREES 45 MINUTES EAST 150 FEET TO A POINT; THENCE WITH THE DIVIDING LINE BETWEEN SAID LOT 21 AND LOT 6 SOUTH 49 DEGREES 15 MINUTES EAST 100 FEET TO A POINT; THENCE WITH THE DIVIDING LINE BETWEEN SAID LOT 21 AND LOT 20 SOUTH 40 DEGREES 45 MINUTES WEST 150 FEET TO THE NORTHEAST SIDE OF RICHARD STREET; THENCE WITH THE SAME NORTH 49 DEGREES 15 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING.

THE ABOVE DESCRIBED PROPERTY IS THE SAME AS THAT CONVEYED BY WARRANTY DEED DATED APRIL 2, 2004 FROM JOSEPH H. MULLIS AND PATRICIA A. MULLIS TO DARREN FULLER WHICH IS RECORDED IN DEED BOOK 223, PAGE 61 OF THE RECORDS OF THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT. DARREN FULLER CONVEYED AN INTEREST IN AND TO SAID PROPERTY TO DENISE MARTIN FULLER BY JOINT SURVIVORSHIP WARRANTY DEED DATED APRIL 2, 2004 AND RECORDED IN DEED BOOK 223, PAGE 64 OF THE RECORDS OF THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT. DENISE MARTIN FULLER QUIT CLAIMED HER INTEREST BY QUIT CLAIM DEED DATED DECEMBER 7, 2004 AND RECORDED IN DEED BOOK 238 PAGES 449-450 OF THE RECORDS OF THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT. 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).  U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CSFB MORTGAGE PASS-THRU CERTIFICATES, SERIES 2005-6 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICA’S SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CSFB MORTGAGE PASS-THRU CERTIFICATES, SERIES 2005-6 (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, AMERICA’S SERVICING COMPANY may be contacted at: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800-288-3212. 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 523 RICHARD STREET, SWAINSBORO, GEORGIA 30401 is/are: DARREN FULLER 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. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CSFB MORTGAGE PASS-THRU CERTIFICATES, SERIES 2005-6 as Attorney in Fact for DARREN FULLER. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120134000762 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. 

 

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Notice of Sale Under Power. State of Georgia, County of EMANUEL. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CARL DONAHUE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR UNION FEDERAL BANK OF INDIANAPOLIS , dated 08/29/2005, and Recorded on 09/01/2005 as Book No. 253 and Page No. 553, EMANUEL County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2005-AC8, ASSET-BACKED CERTIFICATES, SERIES 2005-AC8 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $117,180.00, 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 EMANUEL County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1502 G.M. DISTRICT, EMANUEL COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS BEING TRACT 29, CONTAINING A TOTAL OF 3.11 ACRES, MORE OF LESS, SAID TRACT BEING MORE FULLY SHOWN AND DESCRIBED BY THAT CERTAIN SUBDIVISION PLAT KNOWN AS LAKE OHOOPEE ESTATES, DATED AUGUST 4, 1975 BY HUGH L. TAYLOR, REGISTERED LAND SURVEYOR # 1447, STATE OF GEORGIA, AS RECORDED IN PLAT BOOK 9, PAGE NO. 38, EMANUEL COUNTY PUBLIC LAND RECORDS. REFERENCE TO SAID PLAT AND THE RECORDING THEREOF BEING MADE FOR DESCRIPTIVE AND ALL OTHER PURPOSES. 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).  U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2005-AC8, ASSET-BACKED CERTIFICATES, SERIES 2005-AC8 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICA’S SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2005-AC8, ASSET-BACKED CERTIFICATES, SERIES 2005-AC8 (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, AMERICA’S SERVICING COMPANY may be contacted at: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800-288-3212. 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 111 BUCKHORN TRAIL, SWAINSBORO, GEORGIA 30401 is/are: CARL DONAHUE 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. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2005-AC8, ASSET-BACKED CERTIFICATES, SERIES 2005-AC8 as Attorney in Fact for CARL DONAHUE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120134002026 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. 

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Notice of Sale Under Power

 Georgia, Emanuel County

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOLLIS ALLEN NEWSOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTAGAGE CORP, dated MARCH 15, 2007, and recorded in Deed Book 287, Page 94, Emanuel County, Georgia records, AS LAST TRANSFERRED TO OCWEN LOAN SERVICING, LLC, BY ASSIGNMENT RECORDED IN EMANUEL COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $135,640.00, 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 Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in February, 2013, to wit:  February 05, 2013, the following described property:

TRACT 1: ALL THAT TRACT OR PARCEL OF LAND LYING, SITUATE AND BEING IN THE 53RD G.M. DISTRICT OF EMANUEL COUNTY, GEORGIA, CONTAINING 0.27 OF AN ACRE, FRONTING ON THE WESTERN SIDE OF ATKINSON DRIVE, AND DESIGNATED AS PARCEL 1 AS SHOWN ON A PLAT OF SURVEY DATED NOVEMBER 24, 1982, MADE BY WALTER K. MAUPIN, SURVEYOR, AND RECORDED IN THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT IN PLAT BOOK 11, PAGE 188, TO WHICH REFERENCE IS MADE AS A PART OF THIS DESCRIPTION. SAID PROPERTY IS BOUNDED, NOW OR FORMERLY, AS FOLLOWS: NORTHWEST BY ATKINSON DRIVE, LANDS OF BOBBIE J. MCNEELY, FORMERLY LANDS OF BONNIE F. OGBURN, JR., AND LANDS OF CRAIG AND ERNA B. TILLMAN, FORMERLY LANDS OF BONNIE F. OGBURN, JR., NORTHEAST BY LANDS OF ELLIE RAY DAVIS; SOUTHEAST BY PARCEL 2 AS SHOWN ON THE AFORE REFERENCED PLAT OF SURVEY, BEING THE LANDS OF ROBERT J. SMITH AND GENA LATIMER SMITH.

TRACT 2: ALL THAT TRACT OR PARCEL OF LAND LYING, SITUATE AND BEING IN THE 53RD G.M. DISTRICT OF EMANUEL COUNTY, GEORGIA, CONTAINING 0.68 OF AN ACRE AND DESIGNATED AS PARCEL 2 AS SHOWN ON A PLAT OF SURVEY DATED NOVEMBER 24, 1982, MADE BY WALTER K. MAUPIN, SURVEYOR, AND RECORDED IN THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT IN PLAT BOOK 11, PAGE 188, TO WHICH REFERENCE IS MADE AS A PART OF THIS DESCRIPTION. SAID PROPERTY IS BOUNDED, NOW OR FORMERLY, AS FOLLOWS; NORTHWEST BY PARCEL 1 AS SHOWN ON THE AFORE REFERENCED PLAT OF SURVEY, BEING THE LANDS OF ROBERT J. SMITH AND GENA LATIMER SMITH; NORTHEAST BY LANDS OF ELLIE RAY DAVIS AND LANDS OF ABERLARDO AND ANN VAZQUEZ; SOUTHEAST AND SOUTH BY LANDS OF JASON TODD HENRY, FORMERLY LANDS OF BONNIE F. OGBURN, JR.

SAID TRACTS 1 AND 2 ARE THE SAME AS THAT CONVEYED BY A WARRANTY DEED DATED MARCH 15, 2007, FROM ROBERT J. SMITH AND GENA LATIMER SMITH TO HOLLIS ALAN NEWSOME, A/K/A HOLLIS ALLEN NEWSOME, WHICH IS RECORDED IN THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT, IN DEED BOOK 287, PAGES 91-93.

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.  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).

Said property is commonly known as 147 ATKINSON DR, SWAINSBORO, GA  30401, together with all fixtures and personal property attached to and constituting a part of said property.  To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): HOLLIS ALAN NEWSOME A/K/A HOLLIS ALLEN NEWSOME or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.

Pursuant to O.C.G.A. Section 44-14-162.2, 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

Facsimile:  1-407-737-5693

The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.

This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being

OCWEN LOAN SERVICING, LLC

as attorney in fact for

HOLLIS ALLEN NEWSOME

Richard B. Maner, P.C.

5775 Glenridge Drive

Building D, Suite 100

Atlanta, GA  30328

(404)252-6385

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

AFC12-1296

____

 

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IN THE PROBATE COURT

COUNTY OF EMANUEL

STATE OF GEORGIA

IN RE: ESTATE OF

WILEY A. COLEMAN Jr., 

DECEASED

ESTATE NO. 12E0149

PETITION FOR LETTERS OF ADMINISTRATION NOTICE

TO: WHOM IT MAY CONCERN

ROBERT COLEMAN and KATHY COLEMAN LEWIS have petitioned to be appointed Administrators of the estate of WILEY A. COLEMAN 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 10:00 a.m. February 4, 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. 

Don E. Wilkes

PROBATE JUDGE

By: Jeanie Hooks

PROBATE CLERK/DEPUTY CLERK

P.O. Box 70 Swainsboro, Ga. 30401

ADDRESS

478-237-7091

TELEPHONE NUMBER

____

 

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STATE OF GEORGIA

COUNTY OF EMANUEL

IN RE: ESTATE OF JAMES TOBE FREE, DECEASED.

All creditors of the estate of JAMES TOBE FREE, deceased, late of Emanuel County, are hereby notified to render their demands to Richard M. McNeely, attorney for Tot W. Free Executor of the James Tobe Free Estate, at    P. O. Box 767, Swainsboro, Georgia 30401, according to law, and all persons indebted to said estate are required to make immediate payment of any indebtedness due the estate.

This 8th day of January, 2012.

Richard M. McNeely,

Attorney for 

Tot W. Free

Executor of the

James Tobe Free Estate

Richard M. McNeely, P.C.

P. O. Box 767

Swainsboro, Georgia 30401

(478) 237-4225

____

 

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CITATION

GEORGIA, EMANUEL COUNTY

ESTATE NO. 13E0003

IN RE: PETITION OF LEISA MCGEE FOR TEMPORARY LETTERS OF GUARDIANSHIP

ESTATE OF CAMERON BLAKE CORDRY, MINOR

DATE OF SECOND PUBLICATION, IF ANY January 30, 2013

TO: WHOM IF MAY CONCERN

You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner as temporary guardian, must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees. 

***NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner as guardian, or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be scheduled at a later date. 

Don Wilkes

PROBATE JUDGE

By: Jeanie Hooks

PROBATE CLERK/DEPUTY CLERK

P.O. Box 70 Swainsboro, GA 30401

ADDRESS

478-237-7091

TELEPHONE

____

 

 

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Notice is given that articles of amendment which will change the name of South Auction Group, Inc. to South Auction Group and Realty, Inc. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 233 Clark Road, Midville, Georgia 30401

Richard M. McNeely, Attorney at Law

____

 

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NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT LESS THAN $25,000.00

Pursuant to O.C.G.A. Sec. 16-13-49, any person claiming an interest in the following property is hereby notified that on 15 DECEMBER 2012, said property was seized by officers of the Swainsboro Police Department from JAANTHONY NOBLES, SHAE IESHA THOMAS and ROBERT COURTNEY WILLIAMS: One (1) Silver 1999 Mercury Grand Marquis (VIN 2MEFM75WXXX675918) (Georgia Tag # BYK1930) and One thousand four hundred and twelve dollars ($1,412.00) in U.S. Currency. The conduct giving rise to said seizure was as follows: On 15 DECEMBER 2012, in Emanuel County, Georgia, said property was used or intended for use to facilitate a violation of Title 16, Chapter 13, Article 2 Section 30 of the Georgia Code. 

You are further notified that you may file a claim within thirty (30) days of the second publication of this Notice of Seizure by sending the claim by certified mail, return receipt requested, to the District Attorney and to the Seizing agency at the addresses shown below. 

Swainsboro Police Department

212 North Main Street

Swainsboro, GA 30401

S. HAYWARD ALTMAN

District Attorney

By TONY A. MAY

Assistant District Attorney

101 North Main Street, Ste. 200

Swainsboro, GA 30401

____

 

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

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:

On or about February 15, 2013 the above named local government 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:

City of Swainsboro – Water, Street, & Drainage Improvements

 (Project Title or Name)

Construction of water, street & drainage improvements

 (Project Activities)

Project will provide adequate water, street, & drainage services to the residents of Swainsboro

 (Purposes or Nature of the Project)

Project location includes: Canoochee Rd, Happiness Dr, Rainbow Ridge, & Summit Ave

 (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 local government has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (P.L. 91-190).

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

Based on the environmental assessment of the project, there is no significant impact.

(Set forth reasons for decision)

An Environmental Review Record respecting the proposed project has been made by the above named local government, 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 Swainsboro City Hall, 101 West Main Street, Swainsboro, GA 30401 and is available for public examination and copying upon request between the hours of 9:00 AM and 4:30 PM, Monday – Friday. 

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 person disagreeing with this decision are invited to submit written comments for consideration by the local government to the office of the undersigned. Such written comments should be received at, Swainsboro City Hall, P.O. Box 600, Swainsboro, GA 30401 on or before February 14, 2013.  All such comments so received will be considered and the local government 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 REQUEST 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, City of Swainsboro will submit a Request for Release of Funds (RROF) and Certification to DCA. By so doing the local government 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 Development Block Grant Program” -24 CFR Part 58), and 2) the Certifying Officer, Charles Schwabe, Mayor, 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 and 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 its approval of the release of funds and the certification only if it is 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 March 5, 2013 will be considered by DCA.

City of Swainsboro

Name of Local Government

Charles Schwabe, Mayor

Name of Certifying Officer

P.O. Box 600                          

Address

Swainsboro, GA 30401

City/ Zip

____

 

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IN THE PROBATE COURT

COUNTY OF EMANUEL

STATE OF GEORGIA

IN RE: ESTATE OF

RITA DALE THOMPSON

DECEASED

ESTATE NO. 13E0007

PETITION FOR LETTERS OF ADMINISTRATION

NOTICE

TO: ALL INTERESTED PARTIES

THOMAS ELMER THOMPSON has petitioned to be appointed Administrator of the estate of RITA DALE THOMPSON 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 10:00 a.m. February 25, 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. 

Don E. Wilkes

PROBATE JUDGE

By: Jeanie Hooks

PROBATE CLERK/DEPUTY CLERK

P.O Box 70 Swainsboro, Ga. 30401

ADDRESS

478-237-7091

TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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