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Legal Notices Georgia, Emanuel County Probate Court To: Jeffery D. Lewis, II, 90 Herron St., Enterprise, AL 36330 The petition of Jessie Lewis, Jr., for a year's support from the estate of Susie Mae S. Lewis, 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 27th, 2006, 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. Don E. Wilkes Probate Judge By: Nita Harrell Probate Clerk/Deputy Clerk PO Box 70 Swainsboro, GA 30401 478-237-7091.(N29-D20) ______ NOTICE OF SALE UNDER POWER GEORGIA, EMANUEL COUNTY By virtue of a Power of Sale contained in that certain Security Deed from Phillip S. Jones, Jr. to The Central Bank, Swainsboro, dated February 22, 1991, recorded February 27, 1991, in Deed Book 28, Page 232, and modified at Deed Book 227, Page 244, Emanuel County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of TWENTY TWO THOUSAND SEVEN HUNDRED SEVENTY SIX AND 93/100 DOLLARS ($22,776.93), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Branch Banking and Trust Company, 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 January, 2007, all property described in said Security Deed including but not limited to the following described property: All those lots of land lying, situate, and being in the City of Swainsboro, 53rd G.M. District, Emanuel County, Georgia, being Lot Numbers 8 and 9, Block E, of the South Moreland Subdivision as shown by plat recorded in Deed Book DE, Page 341, in the Office of the Clerk, Superior Court, Emanuel County, Georgia, to which reference is made for a more full, complete, and accurate description of said property. Said lots fronting a combined distance of 120 feet on Pebbles Street and running back between parallel lines a distance of 150 feet as shown on said plat. Said property is commonly known as 130 Pierce Avenue, Swainsboro, Georgia 30401-4859. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Phillip S. Jones, Jr. or tenant(s). 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. The above law firm is acting as a debt collector. Any information obtained will be used for that purpose. BRANCH BANKING AND TRUST COMPANY as Attorney in Fact for PHILLIP S. JONES, JR. Contact: Glen D. Rubin Adorno & Yoss, L.L.C. Two Midtown Plaza 1349 West Peachtree Suite 1500 Atlanta, GA 30309 TEL (888) 890-5309 ADORNO File No. 212495.0319 ______ 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 Frank Wright, Jr. to Mortgage Electronic Registration Systems, Inc., dated June 30, 2006, recorded in Deed Book 272, Page 12, Emanuel County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($127,900.00), 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 January, 2007, 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 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Frank Wright, Jr. or a tenant or tenants and said property is more commonly known as 400 North Main Street, 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. Mortgage Electronic Registration Systems, Inc. as Attorney in Fact for Frank Wright, Jr. McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/bjs 1/2/07 Our file no. 52522406-FT2 EXHIBIT A Tract 1:All that tract or parcel of land lying, situate and being in the City of Swainsboro, 53rd G.M. District of Emanuel County, Georgia, facing the east side of North Green Street a distance of 75 feet and running back between parallel lines a distance of one hundred (100) feet and being known and designated as Lot No. 1 of the N.W. Thigpen Estate as shown by plat made by E.K. Hatten on February 26, 1949. Said property being bounded, now or formerly, as follows; north by land of J.M. Snellgrove; east by land of N.W. Thigpen Estate; south by Lot No. 2 of the N.W. Thigpen Estate and west by Green Street. Tract 2: All that lot or parcel of land lying, situate and being in the City of Swainsboro, 53rd G.M. District of Emanuel County, Georgia, facing seventy-five (75) feet on North Main Street, and running back between parallel lines a distance of two hundred (200) feet and being bounded as follows: north by lot of J.M. Snellgrove Estate; east by North Main Street; south by Mrs. Otis Stephens; and west by Lot No. 1 of Mrs. N.W. Thigpen. MR/bjs 1/2/07 Our file no. 52522406-FT2 ______ NOTICE OF SALE UNDER POWER GEORGIA, EMANUEL COUNTY Under and by virtue of the Power of Sale contained in that certain Security Deed from CHARLES HARMON, JR. to GREENPOINT CREDIT CORP. n/k/a GREEN TREE SERVICING, LLC dated April 9, 1999, and recorded on April 15, 1999 in Deed Book 127, Page 157, Emanuel County, Georgia records, conveying an interest in the after-described property to secure a Note in the original amount of Fifty-One Thousand Eight Hundred Nine and 88/100 Dollars ($51,809.88), 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 January, 2007 the following described property: See Exhibit “A” attached hereto and incorporated herein by reference. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said Security Deed. The sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees. The property will be sold subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes and easements and restrictions against the property, if any. Notice has been given of intention to enforce provisions for collection of attorney’s fees in accordance with legal requirements and the terms of Note and Security Deed. To the best of the undersigned’s knowledge and belief, said property is also known as 529 Hill Street, #2, Swainsboro, Emanuel County, Georgia 31401, and the party in possession of the property is Charles Harmon, Jr. or tenants of Charles Harmon, Jr. GREEN TREE SERVICING, LLC, Successor to GREENPOINT CREDIT CORP., As Attorney-in Fact for Charles Harmon, Jr. R. Michael Souther, P.C. P.O. Box 978 Brunswick, GA 31521-0978 (912) 265-5544 This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. EXHIBIT “A” All that lot or parcel of land situate lying and being in the City of Swainsboro, 53rd G.M. District, Emanuel County, Georgia, containing .379 acres as shown on Plat of same by George William Donalson, Registered Surveyor, dated April 15, 1998, and recorded in Plat Book 18, Page 51, in the Office of the Clerk of Superior Court, Emanuel County, Georgia. Said parcel designated P-3 and bounded as follows: Northeast by Hill Street, Southeast by Parcel P- 4, Southwest by Parcel P-5, and Northwest by Parcel P-2. Also located on the real property is personal property described as a: 1998 General MFG Housing Admiral mobile home, 24x56, Serial #GMHGA4259716849AB ______ STATE OF GEORGIA * NOTICE OF SALE UNDER POWER * IN DEED TO SECURE DEBT COUNTY OF EMANUEL * On the 26th day of August 2002, TONY M. TILLMON, ("Tillmon") executed a Note and Deed to Secure Debt for $241,812.00 payable to Jim Walter Homes, Inc., conveying property described in Exhibit "A" attached, and recorded in the Office of the Clerk of Superior Court of Emanuel County, Georgia, in Deed Book 187, Page 633. Said Note and Deed to Secure Debt were subsequently assigned to Walter Mortgage Company, ("Walter") by assignment dated October 10, 2006, and recorded in aforesaid Clerk's Office. Default has been made in the installment payments due for January 2006, and subsequent thereto. Walter declared the entire unpaid indebtedness due and payable in accordance with the terms of said Note, and the same has not been paid. The Deed to Secure Debt provides that when the Note secured thereby becomes due and is not paid, that said property may be sold before the Courthouse door of Emanuel County, Georgia, upon Walter first giving notice of the place and terms of such sale (1) time a week for (4) weeks in the newspaper in which the sheriff's advertisements are published, and where said property is located. NOW THEREFORE, pursuant to the powers contained therein, the property will be sold before the Courthouse door in Emanuel County, Georgia, at public outcry on the first Tuesday in January 2007, between the legal hours of sale. Walter will convey title to the purchaser as attorney-in-fact for Tillmon. The money derived from the sale will be applied: first to the expenses of said sale; secondly, to the amount due on said Note; and the balance, if any, shall be paid to Tillmon. TERMS: Cash, subject to State and County ad valorem taxes or assessment and any federal tax liens of record. Purchaser is to pay for all legal papers and revenue stamps. This 28th day of November 2006. WALTER MORTGAGE COMPANY, AS ATTORNEY-IN-FACT FOR TONY M. TILLMON MARK A. CLEARY, P.C. 1223 GEORGE C. WILSON DRIVE AUGUSTA, GEORGIA 30909 706-860-9995 STATE BAR NO. 129754 EXHIBIT "A" All that tract or parcel of land situate, lying and being in the 53rd G.M.D. of Emanuel County, Georgia, containing .33 acres and being known as Lot 15 and Lot 16, Block D, Fowlers Hill Subdivision, on a Plat prepared for Tony Tillmon by Bennie C. Harbin, RLS, dated 8/22/02, and according to said Plat, being more particularly described as follows: Beginning at a point approximately 100 feet East of the right of way of Longview Road; thence running N 17E 30' 00" W for a distance of 150.00 to point; thence N 57E 10' 00" E a distance of 100.00 feet to a point; thence S 17E 30' 00" E distance of 150.00 feet to a point; thence S 57E 10' 00" W a distance of100.00 feet to the point of beginning. Reference being made for a more complete and accurate description as to the metes, bounds and location of said property. 06-9856 ______ 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 Billy J. Scarboro to Mortgage Electronic Registration Systems, Inc., dated May 23, 2006, recorded in Deed Book 269, Page 419, Emanuel County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THREE THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($73,600.00), 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 January, 2007, 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 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Billy J. Scarboro or a tenant or tenants and said property is more commonly known as 603 Joy Lane, 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. Mortgage Electronic Registration Systems, Inc. as Attorney in Fact for Billy J. Scarboro McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sdm 1/2/07 Our file no. 52429206-FT3 EXHIBIT A All those lots, or parcel of land lying and being in the City of Swainsboro, 53rd G.M. District of Emanuel County, Georgia and being in Lots Numbered Eleven (11) and Twelve (12) in Block Lettered "D" of the Fifth Addition of Lake Luck Subdivision, as shown on plat of survey recorded in the Office of Clerk, Emanuel Superior Court, in Plat Book 1, Page 16, and being more particularly described as follows: beginning for the same at the northeast intersection of Happiness Road and Joy Lane, and running thence with the northeast side of Happiness Road north 45 degrees 44 minutes west 155.8 feet to a point; thence with land now or formerly of Frank M. Flanders North 60 degrees 00 minutes eat 140.7 feet to a point; thence with the dividing line between said lot 11 and lot 10 south 30 degrees 00 minutes east 150 feet to the northwest side of Joy Lane, thence with the same south 60 degrees 00 minutes west 98.8 feet to the place of beginning. MR/sdm 1/2/07 Our file no. 52429206-FT3 ______ STATE OF GEORGIA COUNTY OF EMANUEL NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated May 11, 2005, executed by CHARLIE C. POWELL AND JOYCE W. POWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 247, Page 368, Emanuel County, Georgia Deed Records, and securing an Note in the original principal amount of $76,000.00, Mortgage Electronic Registration Systems, Inc., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in January, 2007, to-wit: January 2, 2007, during the legal hours of sale, before the Emanuel County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: All that tract or parcel of land lying and being in the 1560th G.M.D. of Emanuel County, Georgia, and being bounded on the Northwest by the property of J.S. Chapman, on the Northeast by the property of Joyce Powell and the grantors herein, on the Southeast by property now or formerly owned by Charles Wimberly, and on the Southwest by the property of Mrs. Joe Lewis, this same property being more particularly described by that certain plot of survey by Walter K. Maupin, Georgia Registered Surveyor 1036, and dated June 4, 1982, and recorded in the records of the Clerk of the Superior Court of Emanuel County, Georgia, in Plat Book 11, at Page 116, this plat is hereby specifically incorporated into this description by reference thereto. This devise includes a twelve foot easement from Georgia Highway 123 to the above described parcel, said easement running across the property of Joyce Powell and the grantors herein, and as shown on the above referenced plot herein before incorporated, the devise as said easement being full and complete and permanent and it being the intention of the grantors herein that said easement would be one which would run with the land and subject to be transferred by the grantees herein. The aforedescribed real property, is also known as 122 5th Avenue, Twin City, Georgia, according to the present system of numbering houses in Emanuel County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. Said real 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the possession or control of Charlie C. Powell and Joyce W. Powell and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for CHARLIE C. POWELL AND JOYCE W. POWELL David W. Adams, Esquire Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, Suite 1001 Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. ______ STATE OF GEORGIA COUNTY OF EMANUEL NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated May 20, 2005, executed by CHARLIE C. POWELL AND JOYCE W. POWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 247, Page 529, Emanuel County, Georgia Deed Records, and securing an Note in the original principal amount of $36,000.00, Mortgage Electronic Registration Systems, Inc., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in January, 2007, to-wit: January 2, 2007, during the legal hours of sale, before the Emanuel County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: One certain lot or parcel of land situate, lying and being in the part of Twin City known as Graymont, 1560th G.M. District of Emanuel County, Georgia, fronting one hundred twenty-five (125) feet, more or less, on Swainsboro-Graymont paved road and bounded on the North by land now or formerly of Troy Price and Carlton Price; East by said Swainsboro-Graymont paved road; South by other lands of Glen Wimberly; West by lands of Mrs. Laurene K. Coleman, the run of the branch being the property line, this being the same parcel of land conveyed to Grantor herein by J.S. Chapman under Warranty Deed dated August 31, 1988, and recorded in Deed Book 9, Page 95, Clerk’s Office, Superior Court, Emanuel County, Georgia. The aforedescribed real property, is also known as 118 5th Avenue, Twin City, Georgia, according to the present system of numbering houses in Emanuel County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. Said real 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the possession or control of Charlie C. Powell and Joyce W. Powell and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for CHARLIE C. POWELL AND JOYCE W. POWELL David W. Adams, Esquire Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, Suite 1001 Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. ______ Georgia, Emanuel County Probate Court Mark Smith has petitioned to be appointed Administrator of the estate of Patricia Ann Donnley Smith, 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 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 a.m. January 2, 2007. All pleadngs/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 for 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: Nita Harrell Probate Clerk/Deputy Clerk PO Box 70, Swainsbro, GA 30401 478-237-709.(D6-27) ______ Citation Georgia, Emanul County In Re: Petition for Molly McNeely for temporary letters of guardianship Estate of minors Katherine Nicole Weeks and Matthew Tyler Weeks Date of second publication, if any 12/20/2006 To: William Eslin Weeks You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minors. 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, 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. Don E. Wilkes Probate Judge By: Jennie S. Hodges Probate Clerk/Deputy Clerk PO Box 70, Swainsboro, GA 30401 478-237-7091(D13-20) ______ 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 Billy J. Scarboro to Mortgage Electronic Registration Systems, Inc., dated May 23, 2006, recorded in Deed Book 269, Page 440, Emanuel County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTEEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($18,400.00), 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 January, 2007, 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 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Billy J. Scarboro or a tenant or tenants and said property is more commonly known as 603 Joy Lane, 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. Mortgage Electronic Registration Systems, Inc. as Attorney in Fact for Billy J. Scarboro McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sdm 1/2/07 Our file no. 52514006- FT3 EXHIBIT A All those lots or parcels of land lying and being in the City of Swainsboro 53rd G.M. District of Emanuel County, Georgia, and being lots numbered eleven (11) and twelve (12) in block lettered "D" of the Fifth Addition of Lake Luck Subdivision, as shown on plat of survey recorded in the Office of the Clerk, Emanuel Superior Court, in Plat Book 1, Page 16, and being more particularly described as follows: beginning for the same at the northeast intersection of Happiness Road and Joy Lane and running thence with the northeast side of Happiness Road North 45 degrees 44 minutes west 155.8 feet to a point; thence with land now or formerly of Frank M. Flanders North 60 degrees 00 minutes east 140.7 feet to a point; thence with the dividing line between said lot 11 and lot 10 south 30 degrees 00 minutes east 150 feet to the northwest side of Joy Lane; thence with the same south 60 degrees 00 minutes west 98.8 feet to the place of beginning. Subject to security deed recorded in Deed Book 269, Page 419, aforesaid records. MR/sdm 1/2/07 Our file no. 52514006-FT3 ______ Notice Georgia, Emanuel County Probate Court To Whom It May Concern: Dewey James Fortescue has petitioned for an order finding that no adminstration is necessary on the estate of Pearline Wyrick, deceased. All creditors who have not consented to the petition are, therefore, required to show cause on or before January 3, 2007, or within ten days after personnal service, whichever is later, why such order should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections. If any objections are filed a hearing will be scheduled for a later date. If no objections are filed, the petition may be granted without a hearing. By: Nita Harrell Clerk of the Probate Court 12-11-06(D20) ______ Notice (For discharge from office and all Liability) Probate Court of Emanuel County Re Petition of Rebekah Katherine Maxwell for discharge from office as executrix of the estate of Juanita Tyson Harrell This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before January 2, 2007 @ 10 a.m. All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleading/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. Don E. Wilkes Probate Judge By: Nita Harrell Probate Court/Deputy Clerk 125 S. Main St. Swainsboro, GA 30401 478-237-7091(D20) ______ CONCURRENT NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF REQUEST FOR RELEASE OF FUNDS Date of Publication: December 20, 2006 City of Swainsboro (Name of CDBG Recipient) 101 W. Main Street, Swainsboro, GA 30401 (Street, City, Zip Code) (478) 237-70259 (Telephone #) TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: On or about January 5, 2007 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: Sewer Improvements (Project Title or Name) Sewer system rehabilitation to include: 40 EA point repairs; 400 LF of 8” PVC pipe, 15 EA service connections; 8 EA manhole rehabs; 223 SY remove/ replace asphalt; 382 TN asphalt overlay; 11,110 LF clean/video sewer lines; and rehab 2 pump stations. (Project Activities) Project will provide adequate sewer facilities for residents in northeast Swainsboro. (Purposes or Nature of the Project) Project Area No. 1 includes residences on Wells Street, Brantly Street, Grady Street, North Coleman from Wells to Grady Street, Thompson Road from the dead end to Fowler Street. Project Area No. 2 includes residences on Merion Street, William Roundtree Street from Modoc Road to MLK Jr. Boulevard, King Circle from the intersection with William Roundtree Street and the southwest end of Ben Street to the northwest end of Miller Drive, King Circle Drive from the southeast end of Miller to just to just south of Mist Street, Mist Street, Ben Street, Mitchell Street, Sepia Street, Waller Pass, Howard Street and Thomas Road. (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 W. Main Street, Swainsboro, Georgia, 30401, and is available for public examination and copying upon request between the hours of 9:00 AM and 5:00 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, Georgia, 30401, on or before January 4, 2007. 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, 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 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 January 26, 2007 will be considered by DCA. City of Swainsboro Name of Local Government Charles Schwabe Name of Certifying Officer P.O. Box 600 Address Swainsboro, GA 30401 City/ Zip(D20) ______ (Notice of Explanation) Publication Date: December 20, 2006 Notice is hereby given of a determination that there is no practical alternative to locating in or impacting a (floodplain and/or wetland) by following proposed project: (Name, location and brief description, including funding sources.) City of Swainsboro, Georgia The Project Activity Locations No. 1 and No. 2 are located in the northeast section of Swainsboro. Generally, Project Area No. 1 includes residences on Wells Street, Brantly Street, Grady Street, North Coleman from Wells to Grady Street, Thompson Road from the dead end to Fowler Street. Project Area No. 2 includes residences on Merion Street, William Roundtree Street from Modoc Road to MLK Jr. Boulevard, King Circle from the intersection with William Roundtree Street and the southwest end of Ben Street to the northwest end of Miller Drive, King Circle Drive from the southeast end of Miller to just to just south of Mist Street, Mist Street, Ben Street, Mitchell Street, Sepia Street, Waller Pass, Howard Street and Thomas Road. The northern section of King Circle is outside the City limits and residents are not connected to the City’s sewer system. The project includes: Sewer system rehabilitation to include: 40 EA point repairs; 400 LF of 8” PVC pipe, 15 EA service connections; 8 EA manhole rehabs; 223 SY remove/replace asphalt; 382 TN asphalt overlay; 11,110 LF clean/video sewer lines; and rehab 2 pump stations. Funding sources include: Community Development Block Grant (CDBG) - $500,000 and Local Funds - $101,000. 1. Explain why the proposed project must be located in or impact a floodplain and/or wetland. Continuing dangers result in a lot of anxiety for residents who live in northeast Swainsboro. All the sewer lines in both target areas are ABS Truss plastic pipe. ABS Truss pipe was commonly installed in the early 1970s. ABS Truss pipe replace the use of old vitrified clay (terra- cotta) or was installed in neighborhoods built in the 1970s for sewage collection lines. The engineer along with OMI personnel reviewed repair work orders and trouble calls for the two project areas. Please see engineer’s report. Based on their findings, several locations in each Project Activity Location had recurring sewage blockages and pump station problems. The City hired Southeast Pipe Survey to video and clean sewer lines in specific locations. Through the work orders, several lines were identified to the contractor as high priorities for videoing and cleaning. The contractor proceeded gathering video data and cleaning the lines. The video was submitted to OMI and the engineer for review. The video showed that there are numerous problems such as: broken and cracked pipes; missing pipes; leaking joints and service connections; light to heavy roots growing in pipes; and heavy sand accumulation. The video log is attached in the engineers report. All these problems are allowing inflow and infiltration to enter the sewer pipes. The obstructions in the lines are causing raw sewage to overflow at manholes and back up into household plumbing. When manholes overflow, the raw sewage is carried to the ditches and then throughout the area. The sewer system problems do not cease during dry weather because, at this time, sewage exfiltrates into the ground. The dry weather allows sewage to leak out of the lines and soak into the ground. This condition contaminates the groundwater. Either way, residents face life-threatening health problems. Even though ABS Truss pipe is non-permeable to roots, roots still enter the pipes through broken sections, loose joints. Not only do roots stop up the lines and cause sewage back ups, they can damage the structural integrity of the pipes and cause them to collapse. The failed collector lines need replacing if residents in this section of the city are to live in an environment that does not threaten their health and well being. In order to eliminate the threats to health, safety and well being to 468 persons, this sewer improvements project must be implemented. 2. Provide a description of all significant facts considered in making the determination including alternative sites considered (including alternative locations). The project area is located in northeast Swainsboro. Several alternatives were considered, however, there are no alternatives to avoid temporarily affecting these possible areas of floodplain and/or wetlands except not to install the sewer improvements. 3. Provide a statement indicating whether the actions conform to applicable state or local floodplain and/or wetland protection measures. Project information has been provided to State and federal agencies for their comments. Necessary permits will be obtained prior to construction. 4. Provide a statement as to the applicability of the National Flood Insurance Program. Swainsboro participates in the National Flood Insurance Program. 5. Provide a description of how the activity will be designed or modified to minimize harm to or within the floodplain and/or wetland. The sewer main in Project Activity Location No.2 northwest of King Circle is located in an existing utility easement through a low wetland area. The line repairs in this area will be covered under a U.S. Army Corps of Engineers Nationwide Permit No. 12, which will be submitted at the appropriate time. According to the FEMA flood insurance rate map, this existing sewer easement is not located within the 100-year flood plain. 6. Provide a statement indicating how the action affects the natural or beneficial floodplain and/or wetland values. Wetland delineation will be required, but because inadequate sewer facilities in the area are threatening the health and safety and wellbeing to 468 residents, the activity must take place. However, through mitigation measures, the disturbed areas will be restored to their natural state. 7. Provide a listing of other involved agencies, including any applicable regulatory or permitting agencies. Appropriate permits will be obtained prior to construction of any activity. Plans and specifications on the sewer facilities will be submitted to Georgia Department of Natural Resources, Environmental Protection Division (EPD). A Land Disturbance Activity Permit (LDA) will be requested from Natural resources Conservation Service. A NPDES Notice of Intent to discharge storm water from construction activities will be submitted to EPD. The sewer main in Project Activity Location No.2 northwest of King Circle is located in an existing utility easement through a low wetland area. The line repairs in this area will be covered under a U.S. Army Corps of Engineers Nationwide Permit No. 12, which will be submitted at the appropriate time. According to the FEMA flood insurance rate map, this existing sewer easement is not located within the 100-year flood plain. Notice of Early Public Review was provided to appropriate agencies and individuals to include: Georgia Department of Community Affairs, Federal Emergency Management Agency, Georgia Department of Natural Resources, Regional Office of Environmental Protection Agency, and Georgia Department of Transportation. Comments respecting the proposed project may be submitted to Charles Schwabe, Mayor, City of Swainsboro, 101 W. Main Street, P.O. Box 600, Swainsboro, GA 30401 no later than January 5, 2007. Charles Schwabe, Mayor City of Swainsboro P. O. Box 600 Swainsboro, GA 30401 Name and Address of Recipient(D20)
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