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Lamar County Public Notices 07-14-2009

http://www.georgiapublicnotice.com/ Notice: Georgia, Lamar County Probate Court To: Any interested person Kaila Nicole Adkerson Jones has petitioned to be appointed Administrator(s) of the estate of Winona Adkerson, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before Aug. 10, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. /s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (7-14)(4)(p)gpn18 Notice to Debtors and Creditors All creditors of the Estate of Anthony Steve Vaughn, late of Lamar County, 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. This 30th day of June, 2009. Heather Darnell, Administrator of the Estate of Anthony Steve Vaughn J. Craig Murphy Kimmey & Associates, P.C., 229 Peachtree Street, N.E., 2410 International Tower, Atlanta, Georgia 30303 (7-7)(4)(p)gpn7 State of Georgia, County of Lamar All creditors of the estate of Larry K. Stirewalt, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned. This the 29th day of June, 2009. Dennis E. Stirewalt, Personal Representative, 3433 6th St. Dr. NW, Hickory, N.C. 28601. (7-7)(4)(p)gpn18 State of Georgia, County of Lamar All creditors of the estate of Dorsey L. Harden, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned. This the 30th day of June, 2009. Daisy Harden, Personal Representative, 275 Roberts Road, Barnesville, Ga. 30204. (7-7)(4)(p)gpn18 State of Georgia, County of Lamar All creditors of the estate of Norman Smith, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned. This the 1st day of July, 2009. Audrey B. Smith, Personal Representative, 240 Harrell Circle, Barnesville, Ga. 30204. (7-7)(4)(p)gpn18 Notice, Georgia, Lamar County Probate Court The petition of Mamie J. Allen, for a year’s support from the estate of Leonard Allen Sr., 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 July 27, 2009, why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. /s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (6-30)(4)(p)gpn18 Notice: Georgia, Lamar County Probate Court To: All interested persons Marsha Y. Hardaway has petitioned to be appointed Administrator(s) of the estate of Yvonne Barber Hardaway, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before July 27, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. /s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (6-30)(4)(p)gpn18 State of Georgia, County of Lamar All creditors of the estate of Browder Fa-Drew Hutson Jr., deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned. This the 23rd day of June, 2009. Angela H. Farr, Personal Representative, 602 Spencer St., Barnesville, Ga. 30204. (6-30)(4)(p)gpn18 Notice: Georgia, Lamar County Probate Court To: All interested persons Mary C. Stokes has petitioned to be appointed Administrator(s) of the estate of Richard B. Stokes, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before July 20, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. /s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (6-23)(4)(p)gpn18 Notice of Sale Under Power, State of Georgia, County of Lamar By virtue of a power of sale contained in a security deed given by Frances G. Cato to United Bank, dated December 26, 2002, recorded in Deed Book 402, Page 262, Lamar County, Georgia Deed Records, conveying the after described property through a Third Party Pledge Agreement to secure a Promissory Note in the names Michelle C. Freeman and Cindy Cato Hudson in the original principal amount of One Hundred One Thousand Four Hundred Fifty-Three and 00/l00 ($101,453.00) Dollars and any renewals, fees, extensions, or additional advances, with interest thereon as set forth therein plus all additional indebtedness and future indebtedness, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Ga., within the legal hours of sale on the first Tuesday in August, 2009, the following described property: TRACT I: All that tract or parcel of land designated as ‘Tract One’ and consisting of 1.262 acres, lying and being in Land Lot No. 2 of the Third Land District of Lamar County, Georgia, as depicted upon that certain plat of survey prepared by William Lee Whitley, RLS No. 1516, dated March 30, 1998, and recorded in Plat Book 13, Page 381, Clerk’s Office, Superior Court, Lamar County, Georgia, and which plat is incorporated herein by reference and made a part of this description. Located upon this property is a commercial structure. TRACT II: All that tract or parcel of land designated as ‘Tract Two’ and consisting of 2.738 acres, lying and being in Land Lot No. 2 of the Third Land District of Lamar County, Georgia, as depicted upon that certain plat of survey prepared by William Lee Whitley, RLS No. 1516, dated March 30, 1998, and recorded in Plat Book 13, Page 381, Clerk’s Office, Superior Court, Lamar County, Georgia, and which plat is incorporated herein by reference and made a part of this description. 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 as well as all other indebtedness owed to Lender. 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 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 Frances G. Cato. United Bank, as Attorney in Fact for Frances G. Cato Edward R.T. Bullard, Johnston, Owen & Bullard, LLP, 124 N. Hill Street, P.O. Drawer L, Griffin, Ga. 30224, (770) 233-4889 This law firm is attempting to collect a debt. Any information obtained will be used for that purpose. (7-7)(4)(p)(ts)(aff)gpn11 Notice of Sale Under Power, State of Georgia, County of Lamar By virtue of a power of sale contained in a security deed given by Michelle Cato Freeman to United Bank, dated November 15, 2006, recorded in Deed Book 603, Page 276, Lamar County, Georgia Deed Records, conveying the after described property to secure a Promissory Note in the original principal amount of One Hundred One Thousand Four Hundred Fifty-Three and 00/l00 ($101,453.00) Dollars and any renewals, fees, extensions, or additional advances, with interest thereon as set forth therein plus all additional indebtedness and future indebtedness, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Ga., within the legal hours of sale on the first Tuesday in August, 2009, the following described property: All that tract or parcel of land lying and being in Land Lot 2 of the Third Land District of Lamar County, Georgia, containing 10 acres, more or less, lying to the west of Tom Bell Road, and being more particularly described with reference to a certain plat of survey entitled ‘Property Survey for Don Strickland and Hilda Strickland’ by Kenneth E. Presley, Ga. RLS No. 1327, dated July 2, 1991, and recorded in Plat Book 14, Page 387, in the Office of the Clerk of Superior Court of Lamar County, Georgia, said plat of survey describing a tract of land containing 22.942 acres. Said 10-acre tract lies in the western portion of the aforesaid 22.942 tract. With reference to the above-described plat of survey, the subject property may be more particularly described as follows: BEGINNING at an iron pin which marks the southwestern corner of the aforesaid 22.942 acre tract, proceed North 3º 4′ 21′ East along the western boundary of the 22.942 acre tract, a distance of 334.96 feet to an iron pin marking the northwestern corner of said 22.942 acre tract; thence South 89º 59′ 19′ East, 1209.50 feet to a point; thence South 1º 28′ 27′ West, 373.81 feet to a point lying on the southern boundary of the 22.942 acre tract; thence North 88º 49′ 3′ West, 781.25 feet to an iron pin; thence North 86º 56′ 35′ West, 437.38 feet to an iron pin and the Point of Beginning. This is the same property which was conveyed from Roger A. Bean, a/k/a Roger Allen Bean unto Donald E. Strickland and Hilda V. Strickland by warranty deed dated July 17, 1991, and recorded in Deed Book 149, Pages 115-116, said records. Subject to all easements and restrictions of record. TOGETHER with that ingress-egress easement in favor of Michelle Cato Freeman filed for record November 21, 2002, in Deed Book 395, Page 338, Lamar County, Georgia records and that ingress-egress easement in favor of Michelle Cato Freeman filed for record November 21, 2002, in Deed Book 395, Page 339, Lamar County, Georgia records. 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 as well as all other indebtedness owed to Lender. 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 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. Said sale is being made after United Bank obtaining an Order granting its Motion for Relief from the Automatic Stay in U.S. Bankruptcy Court for the Northern District of Georgia, Newnan Division. To the best knowledge and belief of the undersigned, the party in possession of the property is Michelle Cato Freeman. United Bank, as Attorney in fact for Michelle Cato Freeman Edward R.T. Bullard, Johnston, Owen & Bullard, LLP, 124 N. Hill Street, P.O. Drawer L, Griffin, Ga. 30224, (770) 233-4889 This law firm is attempting to collect a debt. Any information obtained will be used for that purpose. (7-7)(4)(p)(ts)(aff)gpn11 State of Georgia, County of Lamar, Notice of Sale Under Power By virtue of the power of sale contained in that certain Georgia Security Deed and Security Agreement from Ethenia F. King Grant & Kenneth Grant to Branch Banking & Trust Company dated September 17, 2007 and recorded in Deed Book 642, Page 221, Lamar County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing Promissory Note (hereinafter referred to as “Note”) in the original principal sum of Two Hundred Sixty Five Thousand Five Hundred and No/100 Dollars ($265,500.00), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Lamar County, Georgia, within the legal hours of sale on Tuesday, August 4, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt been and is hereby declared due made payable because of, among other possible events of default, failure to make payments on said Note. 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. Exhibit ‘A’ Legal Description All that tract or parcel of land containing 62.5 acres, lying and being in Land Lot 80 of the 7th District of Lamar County, Georgia and being more particularly described as Tract ‘A’ as shown on plat of survey prepared for Mike Jackson, by G. Tim Conkle, Registered Land Surveyor No. 2001, dated March 7, 2005, recorded in Plat Book 15, Page 252, Lamar County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof. AND ALSO All that tract or parcel of land containing 2.1 acres, lying and being in Land Lot 80 of the 7th District of Lamar County, Georgia and being more particularly described as Tract ‘C’ as shown on plat of survey prepared for Mike Jackson, by G. Tim Conkle, Registered Land Surveyor No. 2001, dated March 7, 2005, recorded in Plat Book 15, Page 252, Lamar County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof. 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. To the best knowledge and belief of the undersigned, the Party in possession of the property are Ethenia F. King Grant & Kenneth Grant or a tenant or tenants, and said property is believed to be more commonly known as 64.40 Acres, Country Kitchen Road, Land Lot 80, 7th Land District, Lamar County, Georgia. However, please only rely on the legal description attached as Exhibit ‘A’ for the exact location of the property. Please note that the undersigned reserves the right to sell the properties separately or together. Branch Banking & Trust Company, Attorney in Fact for Ethenia F. King Grant & Kenneth Grant Martin G. Quirk, Esq. , Quirk & Quirk, LLC, 6000 Lake Forrest Drive, Suite 325, Atlanta, Georgia 30328, (404) 237-5595 (7-7)(4)(p)(ts)(aff)gpn11 Notice of Sale Under Power, Georgia, Lamar 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 Kenneth B. Hicks and Robert B. Hicks to Mortgage Electronic Registration Systems, Inc., dated October 18, 2007, recorded in Deed Book 657, Page 16, Lamar County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP. fka Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Thousand And 0/100 Dollars ($100,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia within the legal hours of sale on the first Tuesday in August, 2009, the following described property: Exhibit A All that tract or parcel of land lying and being in Land Lot 170 of the 3rd Land District of Lamar County, Georgia, containing 2.02 acres, more or less, together with all improvements thereon, lying on the eastern side of Rock Springs Road, and being more particularly described as Lot 10 upon a certain Plat of survey entitled “Final Plat Rock Springs Corner Subdivision” prepared by C. R. Perdue, Jr., GA. RLS No. 2559, date December 3, 1996, and recorded in Plat Book 13, Page 233, Lamar County, Georgia records. Said Plat, together with the metes, bounds, courses and distances as shown thereon is hereby incorporated into and made a part of this description as if set out fully herein. For title reference see deed in book 425 Page 257. MR/ak3 8/4/09 Our file no. 51788009 – FT7 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 attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth B. Hicks and Robert B. Hicks or a tenant or tenants and said property is more commonly known as 150 Rock Springs Rd, Milner, Georgia 30257. 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. BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP., as Attorney in Fact for Kenneth B.. Hicks and Robert B. Hicks McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net MR/ak3 8/4/09 Our file no. 51788009-FT7 (7-7)(4)(x)(sw)(ts)(aff)gpn11 Notice of Sale Under Power in Security Deed, State of Georgia, County of Lamar Pursuant to a power of sale contained in a deed to secure debt from Michael Todd James & Nicole M. James to United Bank dated August 24, 2001, and recorded in Deed Book 340, Pages 57-61, Lamar County, Georgia, Superior Court Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Lamar County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, (August 4, 2009) the following described property: Exhibit “A” All that tract or parcel of land lying and being in Land Lot 58 of the 7th Land District of Lamar County, Georgia, and within the City of Barnesville, containing 1.000 acres, lying on the western side of Atlanta Street (a/k/a U.S. Route No. 41), and being more particularly described upon a certain plat of survey entitled “Property Survey for Joe Woodby” prepared by Gerald H. Bernhard, Ga. RLS No. 2688, dated May 28, 1997, and recorded in Plat Book 13, Page 266, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully herein. Subject to all easements of record. This is the same property which was conveyed unto Joseph C. Woodby & Denise D. Woodby by Warranty Deed from Howard Eugene Wheeler (a/k/a Howard Wheeler) dated May 30, 1997, and recorded in deed book 212, page 326, said records. The debt secured by said security deed and the note given in evidence thereof have been and are hereby declared due because of default in payment of the monthly installments due under said note. This sale will be made for the purpose of paying the same and all expenses of this sale. To the best of the undersigned’s knowledge and belief, the party in possession of the property is Michael Todd James & Nicole M. James. Under the terms of the aforesaid deed to secure debt, said property will be sold as the property of the aforesaid Michael Todd James & Nicole M. James, subject to all taxes, assessments, easements, and restrictions, if any, and the proceeds of said sale applied as provided in said deed. Notice of the initiation of proceedings to exercise the power of sale provided in said deed to secure debt was duly given to the debtor/s by the secured creditor no later than 30 days prior to the date of the foreclosure sale, in writing, and sent by registered (or certified) mail, return receipt requested, to the property address (or such other address as the debtor may have designated by written notice to the secured creditor), consisting of a copy of the published legal advertisement of said sale (or a copy of the legal advertisement as provided to the newspaper), and mailed as aforesaid; all as required by the Official Code of Georgia Annotated Sections 44-14-162 and 44-14-162.2 William D. Lindsey, Attorney at Law, 342 College Dr., Barnesville, GA 30204, Phone: (770) 358-1188 By: William D. Lindsey, Attorney for United Bank (7-7)(4)(p)(b)(ts)(aff)gpn11 Notice of Sale Under Power, Georgia, Lamar County Because of default in the payment of the indebtedness, secured by a Security Deed executed by Sarah K. Knight to Mortgage Electronic Registration Systems, Inc. dated November 9, 2006 in the amount of $187,150.00, and recorded in Deed Book 602, Page 134, Lamar County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the 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 in August, 2009, during the legal hours of sale, at the Courthouse door in Lamar County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that lot, tract or parcel of land situate, lying and being in Land Lot 43 & 54 of the 8th Land District of Lamar County, Georgia being more particularly shown and designated as 3.91 acres on a plat of survey entitled Boundary Survey for Rudy Knight, prepared by Butler Land Survey, Inc., RLS dated July 29, 2004, record in Plat Book 15, Page 75, Lamar County Superior Court Records, which said plat is incorporated herein and made a part of this legal description. which has the property address of 609 Piedmont Road, Barnesville, Georgia, together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. 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. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Sarah K. Knight and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registra-tion Systems, Inc. Attorney in Fact for Sarah K. Knight Anthony DeMarlo, Attorney/ kcarr McCurdy & Candler, L.L.C., (404) 373-1612 www.mccurdycandler.com File No. 09-14075 /FHLMC This law firm is acting as a debt collector and is attempting to collect a debt. Any information obtained will be used for that purpose. (7-7)(4)(p)(ts)(aff)gpn11 Notice of Sale Under Power, Georgia, Lamar County This law firm is attempting to collect a debt. Any information obtained will be used for that purpose. Under and by virtue of the Power of Sale contained in a Security Deed given by Mark H. Kokoska, Sr. to Mortgage Electronic Registration Systems, Inc., dated December 13, 2006, recorded in Deed Book 606, Page 108, Lamar County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 696, Page 347, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of Sixty-Eight Thousand and 0/100 Dollars ($68,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia within the legal hours of sale on the first Tuesday in August, 2009, the following described property: Exhibit A All that tract or parcel of land situate, lying and being in Land Lot 249 of the 3rd Land District of Lamar County, Georgia, and being known and designated as Lot 60 on a certain Plat of Survey Entitled “Property Survey for Sherman G. Baggarley Sr” prepared by John W. Dye, Surveyor, dated February 24, 1987 and recorded in Plat Book 9, Page 251, Clerk’s Office, Lamar Superior Court, which Plat is by this reference incorporated herein and made a part of this description. Also conveyed herewith is all of grantor’s right, title and interest in and to a perpetual, non-exclusive easement for ingress and egress to and from subject property over, across and upon (a) that certain roadway designated as Lakeside Circle on a certain Plat of Survey prepared by John W. Dye, surveyor, dated January 24, 1987, and recorded in Plat Book 9, Page 265, Clerk’s Office, Lamar Superior Court, and also shown on a certain Plat of Survey prepared by John W. Dye, Surveyor, dated February 24, 1987, and recorded in Plat Book 9, Page 264, Clerk’s Office, Lamar Superior Court; and (b) that certain roadway designated as Smith Road on a certain Plat of Survey prepared by John W. Dye, Surveyor, dated January 24, 1987, and recorded in Plat Book 13, Page 193, Clerk’s Office, Monroe Superior Court, and also recorded in Plat Book 9, Page 265, Clerk’s Office, Lamar Superior Court, which plats are by this reference incorporated herein and made a part hereof. Said property is subject to restrictive covenants recorded in Deed Book 124, Page 330, Lamar County, Georgia Records. MR/ps4 8/4/09 Our file no. 5374509 – FT7 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 attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Mark H. Kokoska, Sr. or a tenant or tenants and said property is more commonly known as 122 Lakeside Circle, Jackson, Georgia 30233. 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. BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney in Fact for Mark H. Kokoska, Sr. McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net MR/ps4 8/4/09 Our file no. 5374509-FT7 (7-7)(4)(x)(sw)(ts)(aff)gpn11 Notice of Sale of Realty Notice is hereby given that pursuant to the power of sale contained in the security deed,executed and delivered on June 8, 2002, by Lewis E. Mack, as grantor, to United Bank, as grantee, and recorded in Deed Book 375 at page 241, of the Superior Court records of Lamar County, Georgia, granting the property hereinafter described as collateral for the payment of the ind

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