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The Monroe County Reporter
Forsyth, Georgia
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August 22, 2018     The Monroe County Reporter
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August 22, 2018
 

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PR e 4D 22, 20]8 '! Deadline Friday, 12 Noon" 1 ! Sale Under Power Sale Under Power Sale Under Power Sale Under Power Sale Under Power Sale Under Power MONROE COUNTY, STATE OF GEORGIA, BEING KNOWN AND DESIGNATED AS CONTAINING 0.311 ACRES, MORE OR LESS, ACCORDING TO THAT CERTAIN PLAT OF SURVEY ENTITLED "A BOUNDARY SURVEY FOR WILLIE B. JACKSON" PREPARED BY HUGH W. MERCER JR SURVEYOR, DATED 10/22/1993 AN D RECORDED IN pLAT BOOK 19, PAGE 85, CLERK'S OFFICE, MONROE SUPERIOR COURT, WHICH PLAT IS MADE A PART HEREOF FOR ALL PURPOSES. Said property is known as 445 GA Highway 8,3 S, Forsyth, GA 31029, 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 valorsm 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 Napoleon Mays a/k/a Napoleon B. Mays Sr successor in interest or tenant(s). THE BANK OF NEW YORK MELLON, F/K/A The Bank of New York as trustee for registered Holders of CWABS, Inc Asset-Backed Certificates, Series 2005-13 as Attorney-in- Fact for Napoleon B. Mays, Sr. File no. 18-070547 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway, N.E Suite 300 Atlanta, GA 30346 770-220-2535/KMM shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 18-3,37 NOTICE OF SALE UNDER POWER, MONROE COUNTY Pursuant to the Power of Sale contained in a Security Deed given by James S. Henigman to Mortgage Electronic Registration Systems, Inc. as nominee for Atlantic Southern Bank dated 3/26/2007 and recorded in Deed Book 1203 Page 217 Monroe County, Georgia records; as last transferred to or acquired by Branch Banking and Trust Company, conveying the after- described property to secure a Note in the original principal amount of $ 252,000.00, 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 Monroe County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on September 04, 2018 (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),I the following described property: All that tract or parcel of land situate, lying and being in Monroe County, Georgia, being known and distinguished as Lot No. 15 and Lot No. 16, Block B of Quail Run Subdivision, being more particularly described according to plat of record in Plat Book 13, Page 137, Clerk's Office, Monroe Superior Court, which said plat is by this reference thereto incorporated herein for the purpose of a more particular and accurate description of said Lot No. 15 and Lot No. 16 hereby conveyed. There are improvements located thereon known under the present system of numbering as 201 Christy Lane, Juliette, Monroe County, Georgia. The property hereinabove described and conveyed is the same and identical property conveyed to James S. Henigman and Cecelia I. Henigman by Branch Banking and Trust Company by Warranty Deed dated August 8, 2000 and recorded in Deed Book 679, Page 95, Clerk's Office, Monroe Superior Court. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in 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 201 Christy Lane, Juliette, GA 31046 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): Cecelia I. Henigman or tenant or tenants. Branch Banking and Trust Company is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Branch Banking and Trust Company Mortgage Loan Servicing Re. Box 2467 Greenville, SC 29602-2467 1-800-827-3722 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. Branch Banking and Trust Company as agent and Attorney in Fact for James S. Henigman Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1207-1168A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR A'VI'EMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1207-1168A 18-338 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF MONROE Because of default in the payment of the indebtedness secured by a Security Deed executed by BOWCOCK & BOWCOCK PROPERTIES, LLC to MONROE COUNTY BANK dated May 10, 2004, filed at Deed Book 989, Page 174 of the Monroe County, Georgia Deed Records, as modified by Modification Agreement to Deed to Secure Debt dated April 2, 2018 filed at Deed Book 1849, Page 163 of the Monroe County, Georgia Deed Records, the undersigned, UNITED BANK, as successor by merger with Monroe County Bank, pursuant to said deed and the note thereby secured, have declared the entire amount of indebtedness due and payable, and pursuant to the power of sale contained in said deed, will on Tuesday, September 4, 2018, during the legal hours of sale, at the courthouse door, Forsyth, Monroe County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said deed, to-wit: ALL THAT tract or parcel of land, lying and being within the corporate limits of the City of Forsyth in Land Lot 180, of the 6th Land District, 480th (Forsyth) Georgia Militia District of Monroe County, Georgia, containing 10.75 acres and being more particularly described by reference to that certain plat of survey entitled "A Survey for John O. Bowcock, Jr.", prepared by Hugh W. Mercer, Jr Surveyor, dated Ju127, 1979, and recorded in the Office of the Clerk of Superior Court of Monroe County, Georgia, in Plat Book 8, Page 186, which plat is by this reference incorporated herein and made a part of this description as follows, to-wit: The point of beginning of the tract herein described is also the point of beginning as shown on the above-referenced plat of survey, same being located by beginning at a point marked by an iron pin at the common corner of Land Lot numbers 180, 181,204 & 205 of the 6th Land District and from said iron pin thence proceed South 0 59~J West 90.00 feet to an iron pin recovered;thence South 89 06L- West 486.32 feet to a computed point; thence North 0 59 East 978.20 feet to a computed point; thence North 89 19~ East 336.27 feet to an iron pin set; thence South 59 17:~ East 112.66 feet to an iron pin set and the point of beginning. LESS AND EXCEPT: ALL THAT lot or parcel of land, with improvements thereon, situate, lying and being within the corporate limits of the City of Forsyth in Land Lot 180, of the 6th Land District, 480th (Forsyth) Georgia Militia District of Monroe County, Georgia, and being known as 6.52 acres, more or less, as shown upon a certain plat recorded simultaneously herewith in the Office of the Clerk of Superior Court of Monroe County, Georgia, reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of the property herein conveyed. Also, any right, title and interest in and to a certain easement conveyed by Harris H. Cater, et al. to John O. Bowcock, Jr dated August 31, 1979 and recorded in said Clerk's Office in Deed Book 122, Page 46, which easement is by this reference incorporated herein and made a part hereof. Subject to a perpetual non- exclusive easement for ingress and egress to and from other property owned by John O. Bowcock, Jr. adjoining the westerly boundary line of the above-described property over, across and upon all that tract or parcel of land lying and being within the corporate limits of the City of Forsyth in Land Lot 180, of the 6th Land District 480th (Forsyth) Georgia Militia District of Monroe County, Georgia, containing 1.003 acres and being known and designated as Parcel 2 Proposed 40' R/W according to that certain plat of survey entitled "A Proposed Partitioning Survey for John O. Bowcock, Jr.", prepared by Hugh W. Mercer, Jr Surveyor, dated April 4, 1998, and recorded in said Clerk's Office in Plat Book 22, Page 149, which plat is by this reference incorporated herein and made a part of this description. The Real Property or its address is commonly known as 5.233 acres and barn located at 223 Newton Drive, Forsyth, GA 31029. Said property will be sold as the property of BOWCOCK & BOWCOCK PROPERTIES, L.L.C. for the purposes of paying the aforementioned debt and all expenses of sale, including attorney's fees, (notice having been given as provided by law) and the proceeds of said sale will be applied to the payment of said indebtedness, accrued interest, expenses of the sale and other sums secured by said deed including attorney's fees with the remainder, if any, being applied as provided by law. The property will be sold subject to all prior restrictive covenants, easements, rights of way or encumbrances, all valid zoning ordinances, matters which would be disclosed by an accurate survey of the property, any and all outstanding ad valorem taxes and assessments, if any, unpaid water and sewage bills that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the security deed first set out above. The person or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is United Bank, One East Main Street, Forsyth, Georgia, 31029 telephone number 478-994-1000. To the best of the undersigned's knowledge and belief, the party in possession is BOWCOCK & BOWCOCK PROPERTIES, LLC. Dated this 2nd day of August, 2018. United Bank Attorney in Fact for BOWCOCK & BOWCOCK PROPERTIES, L.L.C. Eugene S. Hatcher Anderson, Walker & Reichert, LLP P. O. Box 6497 Macon, GA 31208-6497 478-743-8651 This law firm is acting as a debt collector, attempting to collect a debt. Any information obtained will h~ ~ ~ *^ L , 18-339 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF MONROE Because of default in the payment of the indebtedness secured by a Security Deed executed by BOWCOCK & BOWCOCK PROPERTIES, LLC to MONROE COUNTY BANK dated April 26, 2002, filed at Deed Book 785, Page 25 of the Monroe County, Georgia Deed Records, as modified by Modification Agreement to Deed to Secure Debt dated April 2, 2018, filed at Deed Book 1849, Page 162 of the Monroe County, Georgia Deed Records, the undersigned, UNITED BANK, as successor by merger with Monroe County Bank, pursuant to said deed and the note thereby secured, have declared the entire amount of indebtedness due and payable, and pursuant to the power of sale contained in said deed, will on Tuesday, September 4, 2018, during the legal hours of sale, at the courthouse door, Forsyth, Monroe County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said deed, to-wit: All that tract or parcel of land lying and being within the corporate limits of the City of Forsyth in Land Lot 180 of the 6th Land District of Monroe County, Georgia containing 26.41 acres (exclusive of the less and except portion referenced hereinafter) and being known and designated as PARCEL NO. 1 according to that certain plat of survey entitled "A SURVEY FOR JOHN O. BOWCOCK, JR.", prepared by Hugh W. Mercer, Jr Surveyor, dated July 27, 1979, and recorded in Plat Book 8, page 186, Clerk's Office, Monroe Superior Court, which plat is by this reference incorporated herein and made a part of this description; LESS AND EXCEPT and not conveyed herewith is all that tract or parcel of land lying and being within the corporate limits of the City of Forsyth in Land Lot 180 of the 6th Land District, 480th (Forsyth) Georgia Militia District of Monroe County, Georgia, containing 10.75 ACRES according to the above-reference plat of survey as follows, to-wit: The point of beginning of the tract herein described is also the point of beginning as shown on the above-referenced plat of survey, same being located by beginning at a point marked by an iron pin at the common corner of Land Lot numbers 180, 181,204 & 205 of the 6th Land District and from said iron pin thence proceed South 0 degrees 59' West 90.00 feet to an iron of the tract'herein dsscribed~ thence South 0 degrees 59' West 886.36 feet to an iron pin recovered; thence South 89 degrees 06' West 486.32 feet to a computed point; thence North 0 degrees 59' East 978.20 feet to a computed point; thence North 89 degrees 19' East 336.27 feet to an iron pin set; thence South 59 degrees 17' East 60.0 feet to an iron pin set; thence South 59 degrees 17' East 112.66 feet to an iron pin set and the point of beginning. The net acreage herein described is 15.66 acres. Also conveyed herewith as an easement appurtenant to property described herein is a perpetual non-exclusive easement for ingress and egress over, across and upon all that tract or parcel of land lying and being within the corporate limits of the City of Forsyth in Land Lot 180 of the 6th Land District, 480th (Forsyth) Georgia Militia District of Monroe County, Georgia, containing 1.003 ACRES and being known and designated as PARCEL 2 PROPOSED 40' RAN according to that certain plat of survey entitled "A PROPOSED PARTITIONING SURVEY FOR JOHN O. BOWCOCK, JR " prepared by Hugh W. Mercer, Jr Surveyor, dated April 14, 1998, and recorded in Plat Book 22, Page 149,~ aforesaid records, which plat is by this reference incorporated herein and made a part of this description. As to tract described herein, reference is made to that certain Warranty Deed Creating Joint Tenancy With Survivorship from John O. Bowcock, Jr. to John O. Bowcock, Jr. and Patricia Mitchell Bowcock, dated June 12, 1992, and recorded in Deed Book 373, Pages 290-291, aforesaid records; and to that certain Quit-Claim Deed from Patricia M. Bowcock to John, O. Bowcock, dated August 14," 1997, and recorded in Deed Book 533, Pages 320-321, ~' aforesaid records. Reference is also made to that certain deed' from John O. Bowcock, Jr. to' Bowcock & Bowcock Properties, : L.L.C dated June 29, 2001, and recorded in Deed Book. 725, Pages 312-313, aforesaid' records. The Real Property or its address, is commonly known as 223, Newton Drive, Forsyth, GA~ 31029. Said property will be sold as, the property of BOWCOCK, & BOWCOCK PROPERTIES, , L.L.C. for the purposes of paying, the aforementioned debt and- all expenses of sale, including', attorney's fees, (notice having been given as provided by law) and the proceeds of said sale will be applied to the payment of said indebtedness, accrued o~ the sale and other sums secured by said. deed including attorney's fees" with the remainder, if any, being ' applied as provided by law. The property will be sold subject to all prior restrictive covenants, easements, rights of way or encumbrances, all * valid zoning ordinances, matters ; which would be disclosed by an, accurate survey of the property, any and all outstanding ad valorem taxes and assessments, :: if any, unpaid water and sewage ,' bills that constitute liens against the property, whether due and payable or not yet due and payable, and mattere of record ' superior to the security deed first set out above. The person or entity who has full authority to negotiate, amend' and modify all terms of the Security Deed is united Bank,-" One East Main Street, Forsyth, Georgia, 31029 telephone number 478-994-1000. To the best of the undersigned's, knowledge and belief, the party, in possession is BOWCOCK & BOWCOCK PROPERTIES, LLC. , Dated this 2nd day of August, 20181 United Bank Attorney in Fact for BOWCOCK ,~ & BOWCOCK PROPERTIES, L.L.C. Eugene S. Hatcher " Anderson, Walke & RelChert,~ LLP R O. Box 6497 Macon, GA 31208-6497 478-743-8651 This law firm is acting as a debt i collector, attempting to collect a debt. Any information obtained"~ will be used for that purpose. We're all winnere with etatewide lllssifieds! You can be a Winner Too! iliii iil ii iiiiiiii!iiii! ii ii!ii iili For Only $800 your dmdaed ad can W AUCTIONS Advertise Your Auction in over 100 newspapers for only $350. Your 25-word classified ad reaches more than1 million readers. 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