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theadvance_20260701_b_7-1-26_vid_06_w-or9_art_1.xml

theadvance_20260701_b_7-1-26_vid_06_w-or9_art_1.xml
Legal Notices (i) Whether the heirs property practicably can be divided among the cotenants; (ii) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court ordered sale likely would occur; (iii) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (iv) A cotenant's sentimental at tachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (v) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (vi) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (vii) Any other relevant factor. (B) The court shall not consider any one factor listed in subparagraph (A) of this paragraph to be dispositive without weighing the totality of all relevant factors and circumstances. O.C.G.A. § 44-6-187 specifies the procedures for open-market sale. The Court will hold a hearing for the purpose of receiving evidence and argument from the parties as to whether to order partition in kind or partition by sale. Said hearing shall occur on July 7, 2026 at 11:00 a.m., in the Superior Court of Wheeler County, 16 Pearl Ave, #103, Alamo, GA 30411. The Clerk of Court shall ensure this Notice is served upon parties for which contact information exists in the file. The Clerk of Court shall also ensure this Notice is published once per week in the official Organ of Wheeler County, Georgia for a period of 30 days prior to the hearing date. SO ORDERED this 23rd day of April, 2026. Howard C. Kaufold, Jr., Judge Wheeler County Superior Court NOTICE OF SALE UNDER POWER State of Georgia County of Toombs By virtue of the power of sale contained in that certain Deed to Secure Debt from MICHAEL A. FIELDS, a/k/a Michael Fields to Vidalia Federal Savings Bank, dated May 23, 2023, filed on May 24, 2023, and recorded in Deed Book 1444, pages 314-320, in the Office of the Clerk of the Superior Court of Toombs County, Georgia, which secured a promissory note from Michael A. Fields, a/k/a Michael Fields to Vidalia Federal Savings Bank in the original principal amount of $412,000.00, there will be sold at public outcry for cash to the highest bidder before the courthouse doors of said county between the legal hours of sale on July 7, 2026, the first Tuesday of July, 2026, by Vidalia Federal Savings Bank, as attorney-in-fact for Michael A. Fields, a/k/a Michael Fields, the following described property, to-wit: All that tract or parcel of land situate, lying and being in the 39th G.M. District of Toombs County, Georgia, containing 4.47 acres, more or less, and being more particularly shown on a certain plat of survey prepared by John E. Dykes, Registered Surveyor, dated April 1973, and recorded in Plat Book 9, page 184, in the Office of the Clerk of the Superior Court of Toombs County, Georgia, which plat and record thereof are incorporated herein, by reference, and made a part of this
theadvance_20260701_b_7-1-26_vid_06_w-or9_art_1.xml
Legal Notices (i) Whether the heirs property practicably can be divided among the cotenants; (ii) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court ordered sale likely would occur; (iii) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (iv) A cotenant's sentimental at tachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (v) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (vi) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (vii) Any other relevant factor. (B) The court shall not consider any one factor listed in subparagraph (A) of this paragraph to be dispositive without weighing the totality of all relevant factors and circumstances. O.C.G.A. § 44-6-187 specifies the procedures for open-market sale. The Court will hold a hearing for the purpose of receiving evidence and argument from the parties as to whether to order partition in kind or partition by sale. Said hearing shall occur on July 7, 2026 at 11:00 a.m., in the Superior Court of Wheeler County, 16 Pearl Ave, #103, Alamo, GA 30411. The Clerk of Court shall ensure this Notice is served upon parties for which contact information exists in the file. The Clerk of Court shall also ensure this Notice is published once per week in the official Organ of Wheeler County, Georgia for a period of 30 days prior to the hearing date. SO ORDERED this 23rd day of April, 2026. Howard C. Kaufold, Jr., Judge Wheeler County Superior Court NOTICE OF SALE UNDER POWER State of Georgia County of Toombs By virtue of the power of sale contained in that certain Deed to Secure Debt from MICHAEL A. FIELDS, a/k/a Michael Fields to Vidalia Federal Savings Bank, dated May 23, 2023, filed on May 24, 2023, and recorded in Deed Book 1444, pages 314-320, in the Office of the Clerk of the Superior Court of Toombs County, Georgia, which secured a promissory note from Michael A. Fields, a/k/a Michael Fields to Vidalia Federal Savings Bank in the original principal amount of $412,000.00, there will be sold at public outcry for cash to the highest bidder before the courthouse doors of said county between the legal hours of sale on July 7, 2026, the first Tuesday of July, 2026, by Vidalia Federal Savings Bank, as attorney-in-fact for Michael A. Fields, a/k/a Michael Fields, the following described property, to-wit: All that tract or parcel of land situate, lying and being in the 39th G.M. District of Toombs County, Georgia, containing 4.47 acres, more or less, and being more particularly shown on a certain plat of survey prepared by John E. Dykes, Registered Surveyor, dated April 1973, and recorded in Plat Book 9, page 184, in the Office of the Clerk of the Superior Court of Toombs County, Georgia, which plat and record thereof are incorporated herein, by reference, and made a part of this
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