Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORTATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2010, 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 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. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. 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 Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547.
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. M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net MR/cno 2/2/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/cno 2/2/10 Our file no. 53141309 - FT14
(JA6,13,20,27B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 JIMMY LAVERNE BEASLEY and JUDY BEASLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 23, 2008, recorded in Deed Book 322, Page 1, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 347, Page 290, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($187,400.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, 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 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Jimmy Laverne Beasley and Judy Beasley or a tenant or tenants and said property is more commonly known as 143 Buckeye Point, Commerce, Georgia 30530.
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 Jimmy Laverne Beasley and Judy Beasley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/abw 2/2/10
Our file no. 52883609-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M. Banks County, Georgia, and being that 2.420 acres, more or less, designated as Lot 16, Block A, Phase 2 of Buckeye Trails Subdivision, as more particularly shown on a plat of survey entitled, “Final Plat for Phase 2 of Buckeye Trails Subdivision,” prepared by James R. Smith, Registered Surveyor, dated October 29, 2001, recorded at Plat Book 26, page 116, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
(JA6,13,20,27B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT 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 STEVIE JEFFERY BOISCLAIR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for DELTA FUNDING CORP., dated September 28, 2005, recorded in Deed Book 267, Page 433, Banks County, Georgia, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2005-4, RENAISSANCE HOME EQUITY LOAN ASSET-BACKED NOTES, SERIES 2005-4 by assignment to be recorded __, Banks County, Georgia Records conveying the after-described property to secure a Note in the original principal amount of EIGHTY THOUSAND AND NO/100 DOLLARS ($80,000.00); 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in February 2010 the following described property:
All that tract or parcel of land together with all improvements thereon, lying and being in the 1210th GMD of Banks County, Georgia, and being designated as Tract 1, Containing 1.19 acres, more or less, and Tract 2, containing 0.81 acres, more or less, as more particularly shown on a plat of survey prepared by Max Lewallen, RLS, dated September 13, 1999, and recorded among Banks County, Georgia Records, in Plat Book 24, Page 124, said plat being incorporated herein by reference for a more full and complete description.
There being situate upon said property a dwelling known as 494 Caudell Road, according to the present system of numbering residences in Banks County, Georgia.
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 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. 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 Stevie Jeffery Boisclair or a tenant or tenants and said property is more commonly known as 494 Caudell Road, Homer, GA 30547.
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.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY Loan Trust 2005-4, Renaissance Home Equity Loan Asset-Backed Notes, Series 2005-4 as Attorney in Fact for Stevie Jeffery Boisclair
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/MK 12/23/2009
Our File# 015151-002504
(JA6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 GEORGE V. REEVES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 31, 2007, recorded in Deed Book 307, Page 27, Banks 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 Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-TWO AND 0/100 DOLLARS ($78,862.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, 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 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 George V. Reeves or a tenant or tenants and said property is more commonly known as 3377 Ga. Hwy. 63, Carnesville, Georgia 30521.
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 George V. Reeves
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wxc 2/2/10
Our file no. 53639709-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in the Wilmots 1206th District G.M., Banks County, Georgia containing approximately 1.06 acres, more or less, located on the westerly side of the right-of-way of GA Hwy. 63 adjoining the lands now or formerly owned by Max Lewallan, and being more particularly described as follows: Beginning at an iron pin corner on the Westerly right of way of GA Hwy 63 at the northeastern corner of the subject property, said corner adjoining lands now or formerly owned by Lewallan, thence running north 57 degrees 10 minutes 00 seconds west, 218.49 feet to an iron corner; thence running south 26 degrees 52 minutes 10 seconds west, 209.71 feet to an iron pin; thence south 57 degrees 9 minutes 5 seconds east to the westerly right of way of GA Hwy 63; thence running along the right of way of GA Hwy. 63 an arc distance of 209.96 feet and a chord being north 26 degrees 31 minutes 35 seconds west to said of beginning and being more clearly shown and delineated on a plat of survey for “Alfred Poole” prepared by Max Lewallan, Georgia Registered Land Surveyor, dated June 28, 2001, the description as contained therein being incorporated herein as reference.
(JA6,13,20,27B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs MIlitia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property. 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, Lula, Georgia 30554. 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. SunTrust Mortgage, Inc as Attorney in Fact for Timothy Eerenberg Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/jpk 2/2/10 Our file no. 1895009-FT3
(JA6,13,20,27B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2010, the following described property: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
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 attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. 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 David Amerson and Homer Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. 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. Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 2/2/10 Our file no. 1892809-FT1
(JA6,13,20,27B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 KEITH NIX and DIANNE NIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 13, 2007, recorded in Deed Book 307, Page 713, Banks 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 Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-ONE THOUSAND NINE HUNDRED FIFTY AND 0/100 DOLLARS ($131,950.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2010, 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 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. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Billy Keith Nix and Dianne Nix or a tenant or tenants and said property is more commonly known as 2097 Westbrook Rd, Commerce, Georgia 30529. 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 Billy Keith Nix and Dianne Nix McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 2/2/10 Our file no. 53679109-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206 District, G.M., Banks County, Georgia, consisting of Tract 1, containing 1.00 acre, more or less, and Tract 2 containing 5.00 acres, more or less, as shown by a plat of survey entitled “Survey for Billy Keith Nix” prepared by Max Lewallen, Registered Land Surveyor, dated August 22, 1995, recorded in Plat Book 21, Page 35, in the Office of the Clerk of the Superior Court of Banks County, Georgia. The above referred to plat is expressly by reference made a part of this deed. Subject to existing easements and rights of ways. MR/abw 2/2/10 Our file no. 53679109 - FT11
(JA6,13,20,27B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 RANDALL B. STEWART and JANICE B. STEWART to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 28, 2006, recorded in Deed Book 280, Page 683, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED EIGHT AND 0/100 DOLLARS ($173,508.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, 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 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. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. 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 Randall B. Stewart and Janice B. Stewart or a tenant or tenants and said property is more commonly known as 308 Gardiner Road, Homer, Georgia 30547. 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. Wells Fargo Bank, N.A. as Attorney in Fact for Randall B. Stewart and Janice B. Stewart McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ms0 2/2/10 Our file no. 53403809-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in 265th GMD of Banks County, Georgia, and being specifically Lot 4A containing 2.59 acres, more or less, as shown and depicted on that certain Plat of Survey dated July 7, 2001, prepared for Steve Parks and Greg Gardiner by Max Lewailen, Registered Land Surveyor, which plat of survey is recorded in Plat Book 30, Page 20 in the Office of the Banks County, Georgia Clerk of Superior Court; said plat of survey is hereby incorporated herein by reference for a more complete and accurate description of the property conveyed. Together with an immovable and permanent fixture attached thereto, a 2006 Palm Harbor 32 X 68 Manufactured Modular Home, Model 68E8, Serial Number(s) PH1413741AB. Map and Parcel No. B29-037 MR/ms0 2/2/10
Our file no. 53403809 - FT5
(JA6,13,20,27B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JEFFREY SCOTT GERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 7, 2007, in the amount of $294,000.00, and recorded in Deed Book 317, Page 331, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC 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 February, 2010, during the legal hours of sale, at the Courthouse door in Banks County, 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, together with the improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, designated as Tract 1, containing 5.18 acres, more or less, as shown on plat of survey prepared for Jack Irvin and Melvin Coley by Bartlett & Cash Land Surveyors, Inc., dated August 14, 2003, mapped September 4, 2003, revised March 15, 2005, recorded in the office of the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 29, Page 82, to which said plat and the record thereof reference is hereby made for a more complete description.
This being the same property conveyed by Warranty Deed from Barney Gerrin and Mary Joan Gerrin to Jeffrey Scott Gerrin, dated January 24, 2007, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 299, Page 309.
which has the property address of 477 Daily Road, Alto, 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 Jeffrey Scott Gerrin 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Jeffrey Scott Gerrin
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-28088 /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.
(JA6,13,20,27B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by CHANDLER E. SAMPLES to REG WILBANKS, dated July 24, 2008, recorded in Deed Book 329, Pages 197-199, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIVE THOUSAND DOLLARS ($5,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, the following described real property:
ALL THAT TRACT or parcel of land containing 2.00 acres, more or less, in the 1210 GMD of Banks County, Georgia, and bounded now or formerly as follows: North by lands of Chan Samples, East by lands of Chan Samples, South by lands formerly of Jack Chambers, and West by lands formerly of Eugene Samples.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyors, on July 22, 2008, for Chandler E. Samples, which plat is recorded in Plat Book 32, Page 36, of the public records of Banks County, and is incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due and payable 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.
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 Chandler E. Samples or a tenant or tenants.
Reg Wilbanks as Attorney in Fact for Chandler E. Samples
Gary N. Freeman
Attorney at Law
P.O. Box 10
4 Homer Street
Maysville, Georgia 30558
(706) 652-2928
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA6,13,20,27n/c)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
& Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 7, 2006, in the amount of $147,613.00, and recorded in Deed Book 292, Page 541, Banks County, Georgia Records, and recorded on December 27, 2006, in Deed Book 46-X, Page 269 , Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. by assignment; the undersigned, BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. 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 February, 2010, during the legal hours of sale, at the Courthouse door in Banks & Jackson County, 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 in the 465th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 2.889 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by Slate & Assoc., Inc., Registered Surveyor, dated October 24, 2006, recorded in Plat Book 30, Page 156, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book ____ Page ____, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement designated as Holland Dam Road and being more particularly shown on plat of survey referenced herein above.
Also: Gravel drive easement designated on plat of survey referenced herein above.
which has the property address of 334 Holland Dam Dr., Maysville, 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 Timothy M. Thomas 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.
BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. Attorney in Fact for Timothy M. Thomas
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21669 /FNMA
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.
(JA6,13,20,27B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by AARON A. ABREU to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 25, 2003, in the amount of $93,000.00, and recorded in Deed Book 210, Page 539, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP 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 February, 2010, during the legal hours of sale, at the Courthouse door in Banks County, 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 in the 207th District, G.M. Banks County, Georgia, being that 5.51 acres, more or less, designated as Tract 2 on a Plat of Survey of Glenfield Farms Subdivision, prepared by David Norris Simpson, Registered Surveyor, as per Plat recorded in Plat Book 14, Page 131, in the Office of the Clerk of the Superior Court of Banks County, Georgia, which recorded Plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 220 Borders Road, Commerce, 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 Aaron A. Abreu and Sandra E. Abreu 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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Aaron A. Abreu
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16701 /FNMA
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.
(JA6,13,20,27B/1323-50)
Banks County Public Records 01-13-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by KIMBERLY D. CRUMLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 28, 2006, in the amount of $68,000.00, and recorded in Deed Book 286, Page 841, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC 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 February, 2010, during the legal hours of sale, at the Courthouse door in Banks County, 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 in the 265th District, G.M., Banks County, Georgia, consisting of 3.89 acres, more or less, as shown on a plat of survey entitled Survey for Kimberly Dawn Crumley by Max by Max Lewallen, Registered Surveyor, dated March 2, 2006 and recorded in Plat Book 30 Page 91 in the office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and hereby made a part of hereof by reference for a more particular description.
Together with a 24 foot easement for ingress and egress as more particularly described by plat and survey entitled Survey for Jimmy Crumley by North-Central Land Surveying, dated May 8, 1998 and recorded in Plat Book C Page 54, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and hereby made a part hereof by reference for a more particular description.
Together with a 20 foot easement for ingress and egress as more particularly described by plat and survey entitled Survey for Kimberly Dawn Crumley by Max Lewallen, Registered Surveyor, dated March 22, 2006, and recorded in Court of Banks County, Georgia. Said plat is incorporated herein and hereby made a part hereof by reference for a more particular description.
which has the property address of 635 Gardiner Road, Homer, 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 Kimberly D. Crumley 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Kimberly D. Crumley
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-27958 /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.
(JA6,13,20,27B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from CYNTHIA SMITH to COMMUNITY BANK & TRUST, dated June 13, 2002, which Deed is recorded among Banks County, Georgia Records in Deed Book 194, Page 216, said Security Deed being given to secure a Note dated October 30, 2008, in the original principal amount of NINETY TWO THOUSAND SEVEN HUNDRED ELEVEN AND 62/100 ($92,711.62) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, (February 2, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District, Town of Alto, Banks County, Georgia, containing 0.24 acre, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated August 22, 2001 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 181, reference to said plat being made for a more full and complete description.
TOGETHER WITH the mobile home situated thereon.
Said property is known as 525 Wheeler Street, Alto, Georgia, 30510, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem 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 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 property will be sold as the property of CYNTHIA SMITH, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, As Attorney-in-Fact for CYNTHIA SMITH
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA6,13,20,27B/1326-60P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt from JENNY SKINNER to STATE BANK AND TRUST COMPANY by assignment from the Federal Deposit Insurance Corporation, Receiver for The Buckhead Community Bank d/b/a The Hall Community Bank, dated August 13, 2004, and recorded in Deed Book 243, Page 465, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of TWO HUNDRED THIRTY SIX THOUSAND FIFTY TWO AND 50/100 DOLLARS ($236,052.50), 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 Banks County, Georgia, within the legal hours of sale on Tuesday, February 2, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts 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.
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 Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Lot 31, Apple Pie Ridge Community Subdivision, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
State Bank and Trust Company by assignment from the
Federal Deposit Insurance Corporation, Receiver for The Buckhead Community Bank d/b/a The Hall Community Bank Attorney in Fact for Jenny Skinner
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in 448 and 1580 GMD, Banks County, Georgia, being Lot 31, Phase Lakeview, of the Apple Pie Ridge Community Subdivision, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Wooley, RLS dated April 19, 2002, said plat being recorded in the Office of the Superior Court of Banks County, in Plat Book D pages 66-68, which plat is incorporated herein by reference for a more full and complete description of said property. Subject to all easements, covenants and restrictions of record.
(JA6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JONATHAN D. BACK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $115,000.00 dated 09/27/2004, and recorded in Deed Book 246, Page 224, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of February, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Jonathan D. Back the following described property:
All that tract or parcel of land lying and being in the 284th G.M. District, Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey for Lori Christian Tyler Construction, dba LCT Construction, prepared by Max Lewallen, GRLS #2067, dated September 12, 2002, recorded in plat book 27, page 20, in the office of the Clerk of the Superior Court of Banks County, Georgia, said plat is incorporated herein and made a part hereof by reference for a more detailed description.
Property known as: 841 Spring Road, Baldwin, GA 30511
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jonathan D. Back.
CitiMortgage, Inc., as Attorney-in-fact for Jonathan D. Back.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-8427
(JA6,13,20,27B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from CHAD BLACK to UNITED COMMUNITY BANK, dated July 12, 2005, recorded July 18, 2005, in Deed Book 262, Page 71, Banks County, Georgia Records, as last modified by Modification of Security Deed dated March 25, 2008, recorded in Deed Book 325, Page 220, Banks County, Georgia Records, said Security Deed being given to secure a Note from CHAD BLACK and DANIEL WILSON, with interest from date at a rate per cent per annum 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 door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia and being that 28.37 acres, more or less, designated as Tract 1 on a plat of survey prepared for Mary E. Turk Estate and the Frank Turk Estate by Jeff Weshner, Registered Surveyor, dated March 6, 2000, recorded in Plat Book C, Page 67, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more a detailed 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. 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, easements, 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 CHAD BLACK or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for CHAD BLACK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01802
(JA6,13,20,27B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN in the original principal amount of $1,506.895.49, dated June 18, 2008, all in favor of AgGEORGIA FARM CREDIT, ACA, secured by a Deed to Secure Debt, dated September 7, 2007, from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN, recorded in Deed Book 333, pages 287-293 in the Office of the Clerk of Superior Court of Banks County, Georgia, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in FEBRUARY, 2010, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
Property described on Exhibit “A”, attached hereto and incorporated herein by reference.
This sale will be held 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 indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P.O. Box 1548, Dublin, GA 31040. 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 of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman. 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.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
EXHIBIT “A”
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 2, containing 20.96 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof for a more detailed description.
(JA6,13,20,27B/886-130)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MIGUEL ANTONIO RUGAMAS and ADELINA EUFRACIO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR GREATER UNITED HOME FUNDING, INC. , dated 01/11/2007, and Recorded on 01/22/2007 as Book No. 298 and Page Nos. 6-21, BANKS County, Georgia Records, as last assigned to U.S. BANK, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $107,133.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2010, the following described property:
See attached exhibit together with that 2006 Fleetwood Beacon Hill Model 4563B with a length of 60’ and a width of 56’ bearing identification number GAFL535AB90738-BH11 which by intention of the parties and upon retirement of the certificate of title as provided shall constitute a part of the realty and shall pass with it. A.P.N. B85E-049.
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th G.M.D. District, Banks County, Georgia, being Lot 22, as per plat thereof recorded in Plat Book 9, Page 130, Banks County Records, which recorded plat is incorporated herein by reference and made a part of this description.
Together with an improvement and immovable fixture permanently attached thereto, a 2006 Beacon Hill, Model 4563B, 60X56, VIN, GAFL535A90738-BH11 and GAFL535A90738-BH11.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: NATIONAL DEFAULT SERVICING CORPORATION, 7720 N. 16TH STREET, Foreclosure SUITE 300, PHOENIX, AZ 85020, 602-264-6101. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 167 RIVERBEND RD., COMMERCE, GEORGIA 30530 is/are: MIGUEL ANTONIO RUGAMAS AND ADELINA EUFRACIO or tenant/tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 nonjudicial 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 in the preceding paragraph. U.S. BANK, N.A. as Attorney in Fact for MIGUEL ANTONIO RUGAMAS AND ADELINA EUFRACIO.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090090100412
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA6,13,20,27P4)
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Brock Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JOHNNY GORDON BROCK, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 4 day of January, 2010.
Jeremy Brock
Executor/Administrator
9 Stallworth St.
Gainesville, GA 30501
(JA13,20,27,FE3P4)
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Name Change
Notice of Petition
to Change Name
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 09-CV-613M
Petitioner: Arturo Orozco, Jr.
Notice is hereby given that Arturo Orozco, Jr., the undersigned, filed his Petition to the Superior Court of Banks County on the 16th day of October, 2009, praying for a change in the name of Petitioner from ARTURO OROZCO, JR. to ARTURO HERNANDEZ, JR.
Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objection to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 16th day of October, 2009.
By: Arturo Orozco, Jr.
2017 McCoy Bridge Road
Commerce, GA 30529
Phone number: (706) 296-6091
(DC30,JA6,14,20P4)
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Crane Estate
Georgia, Banks County Probate Court
Notice
VANESSA JAN CRANE has petitioned to be appointed Administrator of the estate of GEORGE ELLIS CRANE, 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 January 15, 2010. 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.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(DC23,30,JA6,13P4)
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by KIMBERLY D. CRUMLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 28, 2006, in the amount of $68,000.00, and recorded in Deed Book 286, Page 841, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC 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 February, 2010, during the legal hours of sale, at the Courthouse door in Banks County, 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 in the 265th District, G.M., Banks County, Georgia, consisting of 3.89 acres, more or less, as shown on a plat of survey entitled Survey for Kimberly Dawn Crumley by Max by Max Lewallen, Registered Surveyor, dated March 2, 2006 and recorded in Plat Book 30 Page 91 in the office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and hereby made a part of hereof by reference for a more particular description.
Together with a 24 foot easement for ingress and egress as more particularly described by plat and survey entitled Survey for Jimmy Crumley by North-Central Land Surveying, dated May 8, 1998 and recorded in Plat Book C Page 54, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and hereby made a part hereof by reference for a more particular description.
Together with a 20 foot easement for ingress and egress as more particularly described by plat and survey entitled Survey for Kimberly Dawn Crumley by Max Lewallen, Registered Surveyor, dated March 22, 2006, and recorded in Court of Banks County, Georgia. Said plat is incorporated herein and hereby made a part hereof by reference for a more particular description.
which has the property address of 635 Gardiner Road, Homer, 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 Kimberly D. Crumley 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Kimberly D. Crumley
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-27958 /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.
(JA6,13,20,27B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from CYNTHIA SMITH to COMMUNITY BANK & TRUST, dated June 13, 2002, which Deed is recorded among Banks County, Georgia Records in Deed Book 194, Page 216, said Security Deed being given to secure a Note dated October 30, 2008, in the original principal amount of NINETY TWO THOUSAND SEVEN HUNDRED ELEVEN AND 62/100 ($92,711.62) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, (February 2, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District, Town of Alto, Banks County, Georgia, containing 0.24 acre, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated August 22, 2001 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 181, reference to said plat being made for a more full and complete description.
TOGETHER WITH the mobile home situated thereon.
Said property is known as 525 Wheeler Street, Alto, Georgia, 30510, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem 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 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 property will be sold as the property of CYNTHIA SMITH, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, As Attorney-in-Fact for CYNTHIA SMITH
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA6,13,20,27B/1326-60P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt from JENNY SKINNER to STATE BANK AND TRUST COMPANY by assignment from the Federal Deposit Insurance Corporation, Receiver for The Buckhead Community Bank d/b/a The Hall Community Bank, dated August 13, 2004, and recorded in Deed Book 243, Page 465, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of TWO HUNDRED THIRTY SIX THOUSAND FIFTY TWO AND 50/100 DOLLARS ($236,052.50), 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 Banks County, Georgia, within the legal hours of sale on Tuesday, February 2, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts 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.
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 Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Lot 31, Apple Pie Ridge Community Subdivision, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
State Bank and Trust Company by assignment from the
Federal Deposit Insurance Corporation, Receiver for The Buckhead Community Bank d/b/a The Hall Community Bank Attorney in Fact for Jenny Skinner
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in 448 and 1580 GMD, Banks County, Georgia, being Lot 31, Phase Lakeview, of the Apple Pie Ridge Community Subdivision, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Wooley, RLS dated April 19, 2002, said plat being recorded in the Office of the Superior Court of Banks County, in Plat Book D pages 66-68, which plat is incorporated herein by reference for a more full and complete description of said property. Subject to all easements, covenants and restrictions of record.
(JA6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JONATHAN D. BACK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $115,000.00 dated 09/27/2004, and recorded in Deed Book 246, Page 224, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of February, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Jonathan D. Back the following described property:
All that tract or parcel of land lying and being in the 284th G.M. District, Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey for Lori Christian Tyler Construction, dba LCT Construction, prepared by Max Lewallen, GRLS #2067, dated September 12, 2002, recorded in plat book 27, page 20, in the office of the Clerk of the Superior Court of Banks County, Georgia, said plat is incorporated herein and made a part hereof by reference for a more detailed description.
Property known as: 841 Spring Road, Baldwin, GA 30511
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jonathan D. Back.
CitiMortgage, Inc., as Attorney-in-fact for Jonathan D. Back.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-8427
(JA6,13,20,27B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from CHAD BLACK to UNITED COMMUNITY BANK, dated July 12, 2005, recorded July 18, 2005, in Deed Book 262, Page 71, Banks County, Georgia Records, as last modified by Modification of Security Deed dated March 25, 2008, recorded in Deed Book 325, Page 220, Banks County, Georgia Records, said Security Deed being given to secure a Note from CHAD BLACK and DANIEL WILSON, with interest from date at a rate per cent per annum 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 door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia and being that 28.37 acres, more or less, designated as Tract 1 on a plat of survey prepared for Mary E. Turk Estate and the Frank Turk Estate by Jeff Weshner, Registered Surveyor, dated March 6, 2000, recorded in Plat Book C, Page 67, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more a detailed 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. 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, easements, 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 CHAD BLACK or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for CHAD BLACK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01802
(JA6,13,20,27B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN in the original principal amount of $1,506.895.49, dated June 18, 2008, all in favor of AgGEORGIA FARM CREDIT, ACA, secured by a Deed to Secure Debt, dated September 7, 2007, from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN, recorded in Deed Book 333, pages 287-293 in the Office of the Clerk of Superior Court of Banks County, Georgia, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in FEBRUARY, 2010, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
Property described on Exhibit “A”, attached hereto and incorporated herein by reference.
This sale will be held 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 indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P.O. Box 1548, Dublin, GA 31040. 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 of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman. 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.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
EXHIBIT “A”
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 2, containing 20.96 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof for a more detailed description.
(JA6,13,20,27B/886-130)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MIGUEL ANTONIO RUGAMAS and ADELINA EUFRACIO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR GREATER UNITED HOME FUNDING, INC. , dated 01/11/2007, and Recorded on 01/22/2007 as Book No. 298 and Page Nos. 6-21, BANKS County, Georgia Records, as last assigned to U.S. BANK, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $107,133.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2010, the following described property:
See attached exhibit together with that 2006 Fleetwood Beacon Hill Model 4563B with a length of 60’ and a width of 56’ bearing identification number GAFL535AB90738-BH11 which by intention of the parties and upon retirement of the certificate of title as provided shall constitute a part of the realty and shall pass with it. A.P.N. B85E-049.
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th G.M.D. District, Banks County, Georgia, being Lot 22, as per plat thereof recorded in Plat Book 9, Page 130, Banks County Records, which recorded plat is incorporated herein by reference and made a part of this description.
Together with an improvement and immovable fixture permanently attached thereto, a 2006 Beacon Hill, Model 4563B, 60X56, VIN, GAFL535A90738-BH11 and GAFL535A90738-BH11.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: NATIONAL DEFAULT SERVICING CORPORATION, 7720 N. 16TH STREET, Foreclosure SUITE 300, PHOENIX, AZ 85020, 602-264-6101. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 167 RIVERBEND RD., COMMERCE, GEORGIA 30530 is/are: MIGUEL ANTONIO RUGAMAS AND ADELINA EUFRACIO or tenant/tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 nonjudicial 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 in the preceding paragraph. U.S. BANK, N.A. as Attorney in Fact for MIGUEL ANTONIO RUGAMAS AND ADELINA EUFRACIO.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090090100412
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA6,13,20,27P4)
Gpn07
Brock Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JOHNNY GORDON BROCK, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 4 day of January, 2010.
Jeremy Brock
Executor/Administrator
9 Stallworth St.
Gainesville, GA 30501
(JA13,20,27,FE3P4)
Gpn15
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 09-CV-613M
Petitioner: Arturo Orozco, Jr.
Notice is hereby given that Arturo Orozco, Jr., the undersigned, filed his Petition to the Superior Court of Banks County on the 16th day of October, 2009, praying for a change in the name of Petitioner from ARTURO OROZCO, JR. to ARTURO HERNANDEZ, JR.
Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objection to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 16th day of October, 2009.
By: Arturo Orozco, Jr.
2017 McCoy Bridge Road
Commerce, GA 30529
Phone number: (706) 296-6091
(DC30,JA6,14,20P4)
Gpn18
Crane Estate
Georgia, Banks County Probate Court
Notice
VANESSA JAN CRANE has petitioned to be appointed Administrator of the estate of GEORGE ELLIS CRANE, 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 January 15, 2010. 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.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(DC23,30,JA6,13P4)
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