Legals 11-6-19

by | November 6, 2019 6:25 pm

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IN THE JUVENILE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN THE INTEREST OF:

B. A. SEX: F    DOB: 11/29/2018 CASE # 19JV188

Child Under 18 Years of Age

NOTICE OF SUMMONS

TO:  Any unknown biological, legal, putative father of the above named child born to Brandy Lee at East Georgia Regional Medical Center in Statesboro, Georgia.

You are hereby notified that the above-styled action has been brought by the Emanuel County Department of Family and Children Services, and the Georgia Department of Human Services, seeking to terminate your parental rights with regard to the above referenced child; that said action has been filed in the Juvenile Court of Emanuel County, Georgia; and that by reason of an Order for Service of Summons by Publication dated October 11, 2019, you are hereby notified that you may obtain a copy of the petition from the Clerk of the Juvenile Court of Emanuel County, Georgia and may file with the Clerk of said Court  and serve upon Marnique Oliver, Petitioner’s Attorney, whose mailing address is P.O. Box 308, 115 S. Racetrack Street, Swainsboro, Georgia, 30401, an answer to the petition at any time prior to the Final Hearing. 

You are hereby commanded and required to appear before this court on the _23rd day of _January, 2020 at the EMANUEL County Courthouse in Swainsboro, Georgia at 10:00 a.m., for a FINAL HEARING and show cause, if any you have, why the relief requested in the petition should not be granted. You are hereby commanded and required to appear before this Court at said final hearing or the findings of the Court will be made the permanent order of this Court in the above case. You must attend the final hearing in order to preserve your rights. At the final hearing you will be given an opportunity to show cause, if any you have, why the relief requested in the petition should not be granted. Prior to the Final Hearing a Provisional Hearing on the petition will be held before the Court on __January 9_, 2020_at 10:00 a.m. in the Juvenile Courtroom at the EMANUEL County Courthouse, Swainsboro, Georgia. 

The parties notified hereby are entitled to legal counsel in the proceedings, and the Court will appoint legal counsel if any party should be unable, without undue hardship, to employ counsel. 

You are further notified that you will lose all rights to the children and will not be entitled to object to the termination of your rights to the children unless, within thirty days of receipt of this notice, you file:

A petition to legitimate the children pursuant to O.C.G.A. § 19-7-22; and

Notice of the filing of the petition to legitimate with the Jefferson County Juvenile Court.

The Findings of Fact and Order of Disposition made at the Provisional Hearing will become final at the Final Hearing unless the party served by publication appears at the Final Hearing.  If the party served by publication fails to appear at the Final Hearing on the petition, the Findings of Fact and Interlocutory Orders made will become final without further evidence and will be governed by the Juvenile Court Code as if made at the Final Hearing.  If the party served by publication appears at the Final Hearing, the Interlocutory findings and Orders shall be vacated and disregarded, and the hearing shall proceed upon the allegations of the motion.

The parties notified hereby are entitled to legal counsel in the proceedings, and the Court will appoint legal counsel if any party should be unable, without undue hardship, to employ counsel.

A copy of this petition may be obtained at no charge from the Office of the Clerk of Court between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday.

WITNESS, the Honorable Sherri McDonald, Judge of said Juvenile Court.

This ________ day of ___________________, 2019.

_________________________________________

Clerk, Emanuel County Juvenile Court

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NOTICE TO DEBTORS AND CREDITORS GEORGIA, EMANUEL COUNTY

All creditors of the estate of Jean B. Bridges, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 15th day of October, 2019.

Jerry N. Cadle, Executor of the Estate of  

Jean B. Bridges, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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IN THE PROBATE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN RE:  ESTATE OF

THELMA REGINA FOREMAN

ESTATE NO.  19E0107

DECEASED

PETITION FOR LETTERS OF ADMINISTRATION

NOTICE

TO: ALL INTERESTED PARTIES

and to whom it may concern:

SHARON T. ARLINE

has petitioned for to be appointed Administrator of the estate of THELMA REGINA FOREMAN deceased, of said County.  (The Petitioner has also applied for waiver of bond and 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. on November 18th, 2019

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections.  All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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

Judge of the Probate Court

By: Nicky Neal

Clerk of the Probate Court

P.O. Box 70/ 125 S. Main St.

Swainsboro, GA 30401

Address

478-237-7091

Telephone Number

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IN THE PROBATE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN RE:  ESTATE OF

JOHN DANIEL OGLESBY, JR., ESTATE NO.  19E0108

DECEASED

PETITION FOR LETTERS OF ADMINISTRATION

NOTICE

TO: ALL INTERESTED PARTIES

and to whom it may concern:

CHELSEA LYNNE OGLESBY

has petitioned for to be appointed Administrator of the estate of JOHN DANIEL OGLESBY, JR. deceased, of said County.  (The Petitioner has also applied for waiver of bond and 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. on November 18th, 2019

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections.  All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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

Judge of the Probate Court

By: Nicky Neal

Clerk of the Probate Court

P.O. Box 70/ 125 S. Main St.

Swainsboro, GA 30401

Address

478-237-7091

Telephone Number

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AMENDED SUMMONS AND PROCESS

IN THE JUVENILE COURT OF EMANUEL COUNTY, GEORGIA

TO: JUSTIN RAMPY

IN THE INTEREST OF:

R.R. Sex: Female    DOB: 08/16/2008       Case No. 19JV145

MINOR CHILD UNDER 18 YEARS OF AGE.

A petition has been filed in this court concerning the above child.  A copy of that petition is attached

to this summons.

This is a summons requiring you to be in court.  If you fail to come to court as required you may be held in contempt of court and punished accordingly.

Now therefore, you, the parties named above, are commanded to be and appear on the date and time stated below, and to remain in attendance from hour to hour, day to day, month to month, year to year, and time to time, as said case may be continued, and until discharged by the court, and you are commanded to lay any and all other business aside and to be and appear before the Juvenile Court of EMANUEL County, convening at EMANUEL County Courthouse in SWAINSBORO, Georgia on the 23RD    of __January___, 2020, at 10:00 a.m., and you the said parent, guardian or legal custodian are likewise hereby commanded to be and appear with the aforesaid child in said court at the time and place above stated, each of you then and there to make defense thereto and to show cause why the said child and all parties named herein should not be dealt with according to the provisions of the law.

WITNESS the Honorable SHERRI P. MCDONALD, Judge of said court, this the _______ day of ________________, 2019.

___________________________________

(Deputy) Clerk, Juvenile Court of

EMANUEL County, Georgia

READ CAREFULLY

This Summons requires you to be present at a formal hearing in the Juvenile Court.

The child or children and other parties involved may be represented by a lawyer at all stages of these proceedings.

If you want a lawyer, you may choose and hire your own lawyer.  If you want to hire a lawyer, please contact your lawyer immediately.

If you want a lawyer but are not able to hire a lawyer without undue financial hardship, you may ask for a lawyer to be appointed to represent you.  The Court would inquire into your financial circumstances and if the Court finds you to be financially unable to hire a lawyer, then a lawyer will be appointed to represent you.

If you want a lawyer appointed to represent you, you must let the Court or the officer of this Court handling this case know that you want a lawyer immediately.

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STATE OF GEORGIA COUNTY OF EMANUEL

IN RE: ESTATE OF NAOMI DANETTE DAVIS, DECEASED.

All creditors of the estate of NAOMI DANETTE DAVIS, deceased, late of Emanuel County, are hereby notified to render their demands to Richard M. McNeely, attorney for Jennifer L. Davis, Executor of the Naomi Danette Davis 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 9th day of October, 2019.

Richard M. McNeely,

Attorney for Jennifer L. Davis

Executor of the Naomi Danette Davis Estate

Richard M. McNeely, P.C.

P. O. Box 767

Swainsboro, Georgia 30401

(478) 237-4225

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NOTICE TO DEBTORS AND CREDITORS GEORGIA, EMANUEL COUNTY

All creditors of the estate of Ruby M. Fields, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 23rd day of October, 2019.

Antonina Danica Holliday, Executrix of the Estate of  Ruby M. Fields, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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NOTICE OF INCORPORATION

Notice is given that articles of incorporation that will incorporate Harvester Baptist Church of Swainsboro, Inc. have been delivered to the Secretary if Sate fir filing in accordance with the Georgia Business Nonprofit Corporation Code. The initial registered office if the corporation is located at 939 West Main Street, Swainsboro, GA 30401 and its iniyial registered agent at such address is Andrew Lee.

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Diamond Towers V, LLC. is proposing to construct a 259-foot overall height self-supporting lattice telecommunications structure off N. 2nd Street, Stillmore, Emmanuel County, Georgia. The tower is not anticipated to be lit.  Prime Tower Development, LLC. invites comments from any interested party on the impact the proposed undertaking may have on any districts, sites, buildings, structures or objects significant in American history, archaeology, engineering, or culture that are listed or determined eligible for listing in the National Register of Historic Places. Comments pertaining specifically to historic resources may be sent to Environmental Corporation of America, ATTN: Dina Bazzill, 1375 Union Hill Industrial Court, Suite A, Alpharetta, Georgia 30004. Ms. Bazzill can be reached at (770) 667-2040 ext. 111. Comments must be received within 30 days of the date of this notice.

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STATE OF GEORGIA COUNTY OF EMANUEL

NOTICE OF SALE UNDER POWER

Because of a default under the terms of the Security Deed executed by Mitch Jackson to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Homeowners Mortgage Enterprises, Inc., its successors and assigns dated March 31, 2011, and recorded in Deed Book 352, Page 548, Emanuel County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A. securing a Note in the original principal amount of $194,037.00, 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, December 3, 2019, 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 certain tract or parcel of land situate, lying and being in the 53rd G.M. District, Emanuel County, Georgia, containing 14.28 acres, and being bounded, now or formerly, as follows: On the Northeast by right-of-way of Trout Trail; on the Southeast by lands of Karen Phillips, et al; and on the West by lands of John I. Bragg and lands of William Donaldson, et al. Said property is more particularly described on that certain plat of survey prepared by Marlin Nevil, Registered Land Surveyor, dated September 15, 2004, and recorded in Plat Book 21, Page 393, Clerk’s Office Emanuel Superior Court. Said plat is incorporated herein and made a part hereof by reference.
File No. 19805

Said property is known as 254 Trout Trail, 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  Mitch Jackson, successor in interest or tenant(s).

Wells Fargo Bank, N.A. as Attorney-in-Fact for Mitch Jackson

File no. 18-070935

SHAPIRO PENDERGAST & HASTY, LLP*

Attorneys and Counselors at Law

211 Perimeter Center Parkway, N.E., Suite 300
Atlanta, GA 30346

770-220-2535/JP

shapiroandhasty.com 

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

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NOTICE TO DEBTORS AND CREDITORS GEORGIA, EMANUEL COUNTY

All creditors of the estate of Lawrence E. Hickey, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 30th day of  October, 2019.

Ernest W. Hickey, Executor of the Estate of 

Lawrence E. Hickey, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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IN THE PROBATE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN RE:

ALTON W. LAWSON, ESTATE NO.  19E0116

DECEASED

NOTICE OF PETITION TO FILE FOR YEAR’S SUPPORT

The Petition of MARTHA JANE LAWSON, for a year’s support from the estate of ALTON W. LAWSON, 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 10:00 a.m. December 2, 2019, 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 objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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

Judge of the Probate Court

By: Jeanie Hooks

Clerk of the Probate Court

P.O. Box 70 / 125 S. Main Street

Swainsboro, Ga. 30401

Address

478-237-7091

Telephone Number

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NOTICE OF SALE UNDER POWER, EMANUEL COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Bradford A Gates and Darby M Gates to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Mortgage Research Center, LLC, its successors and assigns dated 11/16/2017 and recorded in Deed Book 456 Page 162 Emanuel County, Georgia records; as last transferred to or acquired by Mortgage Research Center, LLC d/b/a Veterans United Home Loans, a Missouri Limited Liability Company, conveying the after-described property to secure a Note in the original principal amount of $75,735.00, 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 (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on December 3, 2019 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:

ALL THAT TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE 395TH G.M. DISTRICT OF EMANUEL COUNTY, GEORGIA, AND WITHIN THE UNINCORPORATED COMMUNITY OF COVENA, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: THAT CERTAIN PARCEL OF LAND LYING ON THE EAST SIDE OF GEORGIA HIGHWAY NUMBER 56 AND FRONTING 400 FEET, MORE OR LESS, ON SAID GEORGIA HIGHWAY 56 AND RUNNING BACK BETWEEN PARALLEL LINES A DISTANCE OF 400 FEET AND BEING 400 FEET IN THE REAR. SAID PROPERTY HAVING LOCATED THEREON THE DWELLING HOME KNOWN AS THE OLD J.P SNOOKS HOMEPLACE AND OTHER IMPROVEMENTS AND BEING BOUNDED AS FOLLOWS: ON THE NORTH, EAST AND SOUTH BY LANDS OF UNION CAMP CORPORATION; ON THE WEST BY THE RIGHT OF WAY OF GEORGIA HIGHWAY 56.

PARCEL ID NO.: C01 014

Property Address:  2653 Highway 56 South, Swainsboro, GA 30401

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 2653 Ga Highway 56 South, Swainsboro, GA 30401 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): Bradford A Gates and Darby M Gates or tenant or tenants.

Cenlar is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.

Cenlar

Mortgage Servicing Representative

425 Phillips Boulevard

Ewing, NJ 08618

customerservice@loanadministration.com

1-800-223-6527

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.

Mortgage Research Center, LLC d/b/a Veterans United Home Loans, a Missouri Limited Liability Company as agent and Attorney in Fact for Bradford A Gates and Darby M Gates

Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.

1010-1563A

THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1010-1563A

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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF EMANUEL

By virtue of a Power of Sale contained in that certain Security Deed from Donny B. Peebles to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation, dated September 27, 2006 and recorded on November 2, 2006 in Deed Book 278, Page 428, in the Office of the Clerk of Superior Court of Emanuel County, Georgia, said Security Deed having been given to secure a Note of even date, in the original principal amount of Forty Thousand and 00/100 dollars ($40,000.00) with interest thereon as provided therein, as last transferred to The Bank of New York Mellon Trust Company, N.A., fka The Bank of New York Trust Company, N.A., as Trustee for GMACM Home Equity Loan Trust 2006-HE5 by assignment to be recorded in the Office of the Clerk of Superior Court of Emanuel County, will be sold at public outcry to the highest bidder for cash before the courthouse door of Emanuel County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in December, 2019, all property described in said Security Deed including but not limited to 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, CONTAINING 10.001 ACRES MORE OR LESS ACCORDING TO THAT PARTICULAR PLAT OF SURVEY PREPARED BY GEORGE WILLIAM DONALDSON, SURVEYOR, DATED SEPTEMBER 5, 2000, WHICH IS RECORDED IN PLAT BOOK 18, PAGE 420 OF THE RECORDS OF THE OFFICE OF CLERK, EMANUEL SUPERIOR COURT. SAID PLAT BY REFERENCE IS HERETO INCORPORATED HEREIN FOR A MORE FULL, COMPLETE AND ACCURATE DESCRIPTION OF SAID PROPERTY. SAID TRACT OF LAND IS BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF JOEY AND TERRY BURKE; EAST BY LANDS OF JOEY AND TERRY BURKE, AND THE CENTER LINE OF COUNTY RURAL ROAD NO. 66, A/K/A DAVIS ROAD; SOUTH BY LANDS OF EATHEL SCONYERS; AND WEST BY THE RIGHT- OF-WAY OF COUNTY RURAL ROAD NO. 67, A/K/A EHRLICH FARM ROAD.

SUBJECT TO SECURITY DEED OF RECORD IN BOOK 236, PAGE 197, EMANUEL COUNTY, RECORDS.

Said property may more commonly be known as 122 Ehrlich Farm Road, Swainsboro, GA 30401.

The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt 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 (notice of intent to collect attorney’s fees having been given).

The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is The Bank of New York Mellon Trust Company, N.A., fka The Bank of New York Trust Company, N.A., as Trustee for GMACM Home Equity Loan Trust 2006-HE5, Ditech Customer Service, PO Box 6172, Rapid City, SD 57709-6172, 1-800-643-0202. DITECH FINANCIAL LLC, Loss Mitigation Dept., 7360 S. Kyrene Rd., Tempe, AZ 85283, Telephone Number: (855) 389-4980.

Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: a) zoning ordinances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstanding ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any taxing authority; f) all outstanding bills for public utilities which constitute liens upon said property; g) 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 owners and party in possession of the property are Donny B. Peebles and or tenant(s). 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.

The Bank of New York Mellon Trust Company, N.A., fka The Bank of New York Trust Company, N.A., as Trustee for GMACM Home Equity Loan Trust 2006-HE5 as Attorney-in-Fact for

Donny B. Peebles

Contact: Padgett Law Group: 6267 Old Water Oak Road, Suite 203, Tallahassee, FL 32312; (850) 422-2520

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