NOTICE OF SALE UNDER POWER STATE OF GEORGIA
COUNTY OF PEACH By virtue of a Power of Sale contained in that certain Security Deed from Michael R. Gooding to Green Tree Financial Corporation n/k/a Green Tree Servicing, LLC, dated December 20, 1994 and recorded in Deed Book 155, Page 88, in the Office of the Clerk of Superior Court of Peach County, Georgia, said Security Deed having been given to secure a Note, dated December 20, 1994, in the original principal amount of Fifty Two Thousand Three Hundred Fifty One and 26/100 Dollars ($52,351.26) with interest thereon as provided therein, hav- ing been last sold, assigned and transferred to U.S. Bank N.A., as Trustee for Manufactured Housing Contract Senior/Subordinate Pass- Through Certificate Trust 1995-1, will be sold at public outcry to the highest bidder for cash before the courthouse door of Peach County, Georgia, within the legal hours of sale on the first Tuesday of August 2012 regarding the following described property: All that tract or parcel of land lying and being in Land Lot 202, 6th District, Peach County, Georgia, being designated as Lot 108 of Edgewater Estates, Phase I, Section 2 as per plat recorded in Plat Book 19, Page 148, Peach County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. Also con- veyed herewith is a 1995 Horton Echo, Serial Number H68265GLR, which is permanently affixed and is to become part of said real property. Said property is commonly known as 546 Kewanee Dr. f/k/a Rte 3, Edgewater Dr., Byron, GA 31008. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpay- ment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney s fees and all other payments pro- vided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restric- tive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Michael R. Gooding or tenant(s). U.S. Bank N.A., as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1995-1 as Attorney-in-Fact for Michael R. Gooding Contact: Topping & Associates, LLC 1930 N. Druid Hills Rd., Suite B Atlanta, Georgia 30319
(404) 728-0220 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 398/Gooding/188.8.131.52
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF PEACH Under and by virtue of the Power of Sale con- tained in a certain Deed to Secure Debt from Douglas M. Smith, being dated February 11, 2002 (hereinafter the Deed ) to The Citizens Bank n/k/a CB&T Bank of Middle Georgia, a Division of Synovus Bank, and being recorded on February 13, 2002 in Deed Book 246, beginning at page 535, in the Office in the Clerk of Superior Court, Peach County, Georgia, and pursuant to the appli- cable provisions of the Uniform Commercial Code, including O.G.C.A. 11-9-604, without limitation, there will be sold by the under- signed at public outcry during the legal hours of sale before the doors of the Courthouse of Fort Valley, Peach County, Georgia, on the first Tuesday, in August, 2012, to wit: Tuesday, August 7, 2012, to the highest and best bidder for cash the following described property including land, buildings, appurte- nants, improvements, additions, easements, fixtures, furniture, appliances, estates, per- sonal property, equipment ( collectively the Property )and all rights therein and thereto: All that tract or parcel of land situate and lying in the State of Georgia, County of Peach, Fifth Land District, Land Lot No. 77 and in Fuller s Addition to Whispering Pines , being known and described as Lot No. 2 of said Fuller s Addition to Whispering Pines , as shown by a subdivision plat entitled Fuller s Addition to Whispering Pines-John R. and Elizabeth P. Fuller, Owners-7 acres Zoned MH in Land Lot 77, 5th Land District, Peach County, Georgia , as made by Thomas W. Futral, III, Registered Surveyor No. 1202 on April 12, 1984, which plat is incorporated herein and made a part hereof by reference thereto for a more complete and accurate description of said herein described property.This conveyance and the Property includes a manufactured Home specifically, a 1997 Westerfield Model 66313Manufactured Home, Serial Number 2W212. The street address for the above and/ or herein Property is 215 Whispering Circle, Byron Georgia 31008.A default has occurred under the terms of a certain Promissory
Note renewed and last dated on or about August 18, 2008 (the Note ) in the prin- cipal amount of $27,678.19 secured by the above described property. The indebtedness evidenced by the Note and secured by the Deed presently remains in default. Due to this default, this sale will be made for the purpose of apply- ing the proceeds thereof to the payment of the indebtedness represented by the Note and secured by the Deed, including accrued interest and expenses of the sale and all other payments originally and continuously provided for under the Deed, including reasonable attorney s fees, as provided by law; and the remainder, if any, shall be applied as provided by law.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.CB&T may sell that portion of the Property which, pursuant to the laws of the State of Georgia, constitutes its interest or estate in the raw land separately from that por- tion of the Property, if any, which under the laws of the State of Georgia con- stitutes personal property and not as otherwise an interest in the raw land. In such case, separate bids would be taken or collectively in a single sale or lot, in which case a single bid will be taken therefore. Notice of the undersigned s intentions regarding a separate sale of the raw land and personal property will be given by announcement made at the commencement of the public sale.To the best of the undersigned s knowledge and belief the Property is believed to be rental property owned by and therefore may be in the possession of Douglas M. Smith or a tenant thereof and said Property will be sold as the property of Douglas M. Smith, subject to prior security deeds of record, if any, outstanding ad valorem taxes, street improvements and easements, declara- tions, covenants or restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed. The Citizens Bank n/k/a CB&T Bank of Middle Georgia, a Division of Synovus Bank, acting under and by virtue of the powers contained in the Deed and as Attorney-in-Fact for Douglas M. Smith H. Owen Lee, Esq. Lee & McAllister, P.C. Attorneys for CB&T Bank of Middle Georgia, a Division of Synovus Bank P. O. Box 1676 Columbus, Georgia 31902
Telephone No: (706) 576-5152 howen- email@example.com 400/Smith/CB&T/184.108.40.206
IN THE SUPERIOR COURT OF PEACH COUNTY STATE OF GEORGIA ROBIN HERING and PAUL HERING, Plaintiffs,v.RICHARD BRIAN WESTBROOK and DALE ROLAND PARKER,Defendants. CIVIL ACTION NO.:12-V-185
NOTICE FOR SERVICE BY PUBLICATION ON DEFENDANT RICHARD BRIAN WESTBROOK By order for service by publication dated the day of , 2012, you are hereby noti- fied that on April 5, 2012, Robin Hering and Paul Hering filed suit against you for damages resulting from an automo- bile accident occurring on April 8, 2010. You are required to file with the Clerk of Superior Court of Peach County, and serve upon Plaintiffs attorney, Michael M. Smith, Clark & Smith Law Firm, LLC, 3402 Vineville Avenue, Suite A, Macon, Georgia 31204, an Answer in writing with- in sixty (60) days of the date of the Order for Publication.WITNESS, the Honorable , Judge of this Superior Court.
This day of , 2012. Deputy Clerk, Superior Court IN THE SUPERIOR COURT OF PEACH COUNTY SUPERIOR OF GEORGIA ROBIN HERING and PAUL HERING, Plaintiffs,vs.RICHARD BRIAN WESTBROOK AND DALE ROLAND PARKER ,Defendants.CIVIL ACTION NO.: 12-V-185 MOTION FOR SERVICE BY PUBLICATION COME NOW, Robin Hering and Paul Hering, Plaintiffs herein, by and through their attorney of record, and move the Court pursuant to O.C.G.A. 9-11-4(e)(1) for an order directing service to be made upon Defendant Richard Brian Westbrook by publication of summons on the grounds set forth in the affidavit attached hereto. This day of, 2012.CLARK & SMITH LAW FIRM, LLC By: Michael M. Smith Georgia Bar No.: 661687 Attorney for Plaintiffs 3402 Vineville Avenue, Suite A Macon, Georgia 31204
(478) 254-5040 IN THE SUPERIOR COURT OF PEACH COUNTY SUPERIOR OF GEORGIA ROBIN HERING and PAUL HERING, Plaintiffs,vs. RICHARD BRIAN WESTBROOK AND DALE ROLAND PARKER , Defendants. CIVIL ACTION NO.:
12-V-185 AFFIDAVIT FOR SERVICE BY PUBLICATION STATE OF GEORGIA, COUNTY OF BIBB Personally appeared before the undersigned attesting officer, authorized to administer oaths, Michael M. Smith, attorney for Plaintiffs in the above-styled action, who, being duly sworn, says: This affidavit is given on the basis of the affiant having knowl- edge pertaining to the above-styled action and more particularly to the fact that the defendant Richard Brian Westbrook can- not be found within this State for service of summons. Affiant states that a claim exists against the Defendant in respect to whom the service is to be made and that he is a necessary or proper party to the action.
Affiant and others in his office have had made a diligent effort to locate Defendant as follows:(a)A lawsuit was filed in the Superior Court of Peach County on April 5, 2012.
(b)On or about April 9, 2012, Affiant received notice from the Peach County Sheriff s Office that a diligent search was made to serve the duplicate originals on Defendant Richard Brian Westbrook at 1332 Parkway Drive, Perry Georgia and Dale Roland Parker at 800 Leisure Lake Drive, Apt. 4B, Warner Robins, Georgia. (c) On or about April 9, 2012 Affiant received notice that Peach County Sheriff was unable to serve Defendant Westbrook.(c)On or about April 13, 2012, Service was perfected on Dale Roland Parker.(d) On or about April 14, 2012, Affiant received notice that Defendant was staying with his sister in Peach County.
THE LEADER TRIBUNE
Affiant s office was in touch with the sister who informed them that Defendant had moved out of state without a forwarding address or telephone number.As time is of the essence, Affiant asks the Court for an Order allowing Service by Publication as allowed by law.This day of, 2012. Michael M. Smith Georgia Bar No.: 661687 Sworn to and subscribed before me this day of , 2012. Notary Public My Commission Expires: IN THE SUPERIOR COURT OF PEACH COUNTY SUPERIOR OF GEORGIA ROBIN HERING and PAUL HERING,Plaintiffs,vs. RICHARD BRIAN WESTBROOK AND DALE ROLAND PARKER , Defendants. CIVIL ACTION NO.:12-V-185 ORDER Plaintiffs, having moved the Court for an order direct- ing service to be made upon defendant Richard Brian Westbrook in the above- styled action by publication and it appear- ing from the affidavit attached thereto that defendant Richard Brian Westbrook cannot be found within the State or has departed from the State or concealed himself to avoid service, it is ORDERED that service be made by publication as provided by law. This day of 2012. Judge, Superior Court of Peach County Presented by: Michael M. Smith Georgia Bar No.: 661687 Clark & Smith Law Firm 3402 Vineville Avenue, Suite A Macon, Georgia 31204 (478) 254-5040 399/SVC/