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 JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), 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 July, 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 Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. 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, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/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 WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC 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 FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), 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 July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
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). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, 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 Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. 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.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/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 SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, 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 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), 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 July, 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 Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, 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.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/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 MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC 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-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), 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 July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. 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). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, 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 Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. 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.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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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 EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 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 July, 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:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, 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 Eugene Worley and Shirley Worley 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.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
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.
(JN9,16,23,30B/1325-90)
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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 TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II 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 FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), 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 July, 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: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. 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 Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. 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.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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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 Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), 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, July 6, 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 Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale 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 (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt 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. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
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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 MATTHEW J. DAVIS and SARAH H. DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2005, in the amount of $65,000.00, and recorded in Deed Book 262, Page 103, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment, the undersigned, Chase Home Finance, 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 July, 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 1580th District, G.M. Banks County, Georgia, and being more particularly described as follows:
Beginning at an iron corner common to lands now or formerly of Fred Johnson on the Southerly side of the Right of Way of Georgia Highway 105; thence South 24 degrees 45 minutes East 300 feet along the line of lands of Fred Johnson to an iron pin corner common to lands now or formerly of T.R. Wlibanks; thence South 76 degrees 25 minutes West 622 feet along the line of lands of Wilbanks to iron pin corner; thence North 3 degrees 55 minutes West 250 feet along the line of lands of Lamon Galloway to an iron pin corner in an old road; thence North 83 degrees 40 minutes West 250 feet along the line of lands of Duckett Brock to the point where the center of the old road intersects the Southerly Right of Way of Georgia Highway 105; thence North 75 degrees 23 minutes East 250 feet along said Right of Way to corner; thence along the curvature of said Right of Way, the traverse of the curve being North 80 degrees 07 minutes East 509.2 feet, to the point of Beginning, containing 4.26 acres, more or less, and being the land conveyed by Warranty Deed form T.R. Wilbanks to John Williams, dated June 20, 1973, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 2, Page 221.
which has the property address of 806 GA Hwy 105, Baldwin, 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 Matthew J. Davis and Sarah H. Davis 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.
Chase Home Finance, LLC Attorney in Fact for Matthew J. Davis and Sarah H. Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-09769 /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.
(JN9,16,23,30B/1325-70)
Banks County Public Records 06-30-10
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 R. PURSLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 3, 2006, recorded in Deed Book 273, Page 587, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA 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 NINETY-TWO THOUSAND SIX HUNDRED FORTY AND 0/100 DOLLARS ($92,640.00), 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 July, 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 Timothy R. Pursley or a tenant or tenants and said property is more commonly known as 146 Mintz Road, Maysville, Georgia 30558. 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, NA as Attorney in Fact for Timothy R. Pursley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rjt 7/6/10 Our file no. 53197609-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Charles Jones & Maxine Jones by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded in Plat Book 13, Page 202, 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. Also conveyed herewith is a 1994 Oak Knoll Mobile Home, Serial Number GAFLR34A19298-OH10 and GAFLR34B19298-OH10, which is permanently attached to and made a part of the real property. MR/rjt 7/6/10
(JN9,16,23,30B/12062-70T1P)
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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 OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, page 201, Banks County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, 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 July, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
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 Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, 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. 09-5247
(JN9,16,23,30B/224-60)
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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 that certain Deed to Secure Debt (“Security Deed”) executed by VINCE F. REED in favor of COMMUNITY BANK & TRUST dated August 13, 2007, and recorded at Deed Book 311, Pages 60-64 of the Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in July, that being July 6, 2010, the following described property:
All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 8, Hickory Knoll Subdivision, as per plat recorded in Plat Book B, Page 13, of the Banks County Deed records, which plat is incorporated herein by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easements, and restrictions of record affecting said bargained premises.
Said property is located at: 146 Timber Ridge Lane, Alto, GA 30510
The debt secured by said Security Deed is evidenced by a Commercial Promissory Note (the “Note”), dated August 1, 2008 in the original principal amount of $136,310.00, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Vince F. Reed, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Vince F. Reed and will be sold as the property of Vince F. Reed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Vince F. Reed
By: SCBT, NA, as successor in interest to Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
(770) 532-6312
(JN9,16,23,30B/417-50T1P)
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Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from PATRICIA ANGLIN HOLT to COMMUNITY BANK & TRUST-JACKSON, dated September 2, 1999, which Deed is recorded among Banks County, Georgia Records in Deed Book 148, Page 508, said Security Deed being given to secure a Note dated October 31, 2007 in the original principal amount of FIFTY ONE THOUSAND SIX HUNDRED FIFTY ONE AND 99/100 ($51,651.99) 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 July, 2010, (July 6, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, containing 10.97 acres, more or less, and being bounded now or formerly as follows: North by lands of Bell Road and lands of Bell; East by Hembree Road formerly known as Joel Sanders Road; South by lands of Rucker; and West by lands of Bell formerly known as Rucker.
Said tract of land being more particularly described according to a plat of survey prepared by Eddie A. Borders, Surveyor, on September 10, 1982 and being all of tract two (2) shown on said plat. Said plat is by reference incorporated herein as part of this description. Said lands being the homeplace of Ruth Lord.
LESS AND EXCEPT: That 4.000 acres, more or less, as more particularly shown on plat of survey prepared for James Whisnant, dated July 11, 1995 and recorded in Plat Book 20, Page 10, Banks County, Georgia Records.
LESS AND EXCEPT: That 2.00 acres, more or less, as more particularly shown on plat of survey prepared for James Whisnant, dated September 7, 1995 and recorded in Plat Book 20, Page 44, Banks County, Georgia Records.
Said property is known as 456 Hembree Road, Maysville, Georgia, 30558, 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 CBT, a Division of SCBT, N.A. 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 PATRICIA ANGLIN HOLT, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for PATRICIA ANGLIN HOLT
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.
(JN9,16,23,30B/1326-70P)
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Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from ANR HOME SOLUTIONS, LLC to COMMUNITY BANK & TRUST, dated September 23, 2008, which Deed is recorded among Banks County, Georgia Records in Deed Book 332, Page 327, said Security Deed being given to secure a Note dated October 23, 2008 in the original principal amount of ONE HUNDRED THIRTY THOUSAND AND 00/100 ($130,000.00) 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 July, 2010, (July 6, 2010) the following described property, to wit:
All that trace or parcel of land, lying and being in the 1580th GMD of Banks County, Georgia, and being Tr. 1, containing 3.177 acres, more or less, as shown on a survey for Onyx Property Management, dated 12-24-04, being recorded in Plat Book 29, Page 54 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. Said property is known as 4320 Old Highway 441 North, 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 CBT, a Division of SCBT, N.A. 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 ANR HOME SOLUTIONS, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for ANR HOME SOLUTIONS, LLC
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.
(JN9,16,23,30B/1326-60P)
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Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from ANR HOME SOLUTIONS, LLC to COMMUNITY BANK & TRUST, dated October 23, 2008, which Deed is recorded among Banks County, Georgia Records in Deed Book 332, Page 321, said Security Deed being given to secure a Note dated October 23, 2008 in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 00/100 ($170,000.00) 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 July, 2010, (July 6, 2010) the following described property, to wit:
All that trace or parcel of land, lying and being in the 1580th GMD of Banks County, Georgia, and being Tr. 2, containing 2.114 acres, more or less, as shown on a survey for Onyx Property Management, dated 12-24-04, being recorded in Plat Book 29, Page 54 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is known as 4228 Old Highway 441 North, 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 CBT, a Division of SCBT, N.A. 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 ANR HOME SOLUTIONS, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for ANR HOME SOLUTIONS, LLC
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.
(JN9,16,23,30B/1326-60P)
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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 MARIA RUBIO D. VASQUEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 17, 2005, recorded in Deed Book 267, Page 132, Banks County, Georgia Records and as re-recorded in Deed Book 347, Page 660, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 292, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-EIGHT THOUSAND AND 0/100 DOLLARS ($148,000.00), 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 July, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Maria Rubio D. Vasquez and Jose P. Vasquez or a tenant or tenants and said property is more commonly known as 1366 Irvin Chambers Road, Maysville, Georgia 30558. 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 Maria Rubio D. Vasquez
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 7/6/10
Our file no. 53095009-FT2
EXHIBIT “A”
All that tract or parcel of land located in Banks County, Georgia, in the Homer-GMD 265 and more particularly described as follows: Beginning at the intersection of the southern right of way (60 feet right of way) of Parson Circle (paved) and the centerline of Ervin Chambers Road (county dirt road number 301), thence along said southern right of way of Parson Circle north 80 degrees 23 minutes east a distance of 241.2 feet to a point, thence continuing along said southern right of way of Parson Circle north 80 degrees 17 minutes east a distance of 141.4 feet to a point on said right-of-way, thence continuing along said southern right-of-way of Parson Circle north 76 degrees 05 minutes east a distance of 119.4 feet to a point on said right-of-way, thence continuing along said southern right of way of Parson Circle north 70 degrees 53 minutes east a distance of 75.6 feet to an iron pin, thence leaving said right of way of Parson Circle south 17 degrees 16 minutes east a distance of 531.1 feet to an iron pin, thence running south 81 degrees 22 minutes west a distance of 385.7 feet to an iron pin, thence running south 50 degrees 25 minutes west a distance of 62.1 feet to a point, thence running north 19 degrees 52 minutes west a distance of 83.9 feet to a point, thence running north 09 degrees 34 minutes west 88.5 feet to a point, thence running north 80 degrees 26 minutes east a distance of 2.5 feet to a point, thence running north 09 degrees 34 minutes west a distance of 10.0 feet to a point, thence running south 80 degrees 26 minutes west a distance of 10.0 feet to a point, thence running south 09 degrees 34 minutes east a distance of 10.0 feet to a point, thence running north 80 degrees 26 minutes east a distance of 2.5 feet to a point, thence running south 09 degrees 34 minutes east 98.9 feet to a point, thence running south 19 degrees 52 minutes east a distance of 86.1 feet to a point, thence running north 87 degrees 11 minutes west a distance of 161.0 feet to a point, said point being the center line of Ervin Chambers Road, thence running north 14 degrees 52 minutes west a distance of 499.2 feet at the intersection of the center line of Ervin Chambers Road (county dirt road number 301) and the southern right of way of Parson Circle, said point being the true point of beginning. Said tract contains 6.87 acres, more or less, 911 address 1366 Ervin Chambers Road.
MR/jas 7/6/10 Our file no. 53095009 - FT2
(JN9,16,23,30B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
& Jackson County
By virtue of the power of sale contained in the Security Deed by and between MAYSVILLE HISTORIC PROPERTIES, LLC, (“Borrower”) and FIRST GEORGIA BANKING COMPANY (“Lender”) dated September 9, 2005, and recorded in Deed Book 270, Page 746, Banks County Records conveying the realty described on Exhibit “A” attached hereto as collateral for the debt in the principal amount of $199,800.00 together with all late fees and interest from dates of execution at the rates provided therein on the unpaid balance; 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 of July, 2010, the realty in the 465th District, Banks County, Georgia, being more completely described as follows:
EXHIBIT A
All that tract or parcel of land lying and being in G.M.D. 465, Banks and Jackson Counties, Georgia, City of Maysville, containing 0.072 acres, according to a plat of survey dated May 6, 2001, for Scott Holcomb by Slate & Associates, Inc., Georgia Professional Land Surveyor No. RLS2629, and being more particularly described as follows:
To find the point of beginning, begin at an iron pin located at the southeasterly side of a sidewalk adjoining Homer Street, said iron pin being located South 37 degrees 49’51” East 42.5 feet from the intersection of the northwestern side of Homer Street with the centerline of Oak Alley; thence South 52 degrees 15’52” West 18.98 feet to the point of beginning; running thence along the centerline of a Wall, South 38 degrees 41’02” East 48.61 feet to a point common with the property n/f H. Wilson; running thence South 50 degrees 46’14” West 66.01 feet to an iron pin found; running thence North 32 degrees 24’20” West 50.23 feet to a point on the southeasterly right of way of Homer Street (said boundary line partly dividing a common hall and stairway); (said point being located North 64 degrees 09’16” E 43.56 feet from a USGS Marker N. 86 1930): running thence North 51 degrees 58’18” East 60.52 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due and payable because, among other possible events of default, of the Borrower’s failure to pay the interest and principal when due. The debt 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), and 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 Grantee, the party in possession of the property is Borrower and/or a tenant or tenants.
First Georgia Banking Company As Attorney In Fact For Maysville Historic Properties, LLC
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, P.C.
1237 S. Elm Street,
Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(JN9,16,23,30B/19584-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by MELINDA L. MATTHEWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated March 9, 2007, and recorded in Deed Book 303, Page 86, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment, securing a Note in the original principal amount of $131,850.00, the holder thereof pursuant to said Deed and 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, July 6, 2010, during the legal hours of sale, before the Courthouse door in said 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., of Banks County, Georgia and being Lot 3, as more particularly shown on a plat of survey entitled “Danny Vaughn” prepared by Ingram, Lord and Associates, Inc., certified by Barry D. Lord, G.R.L.S. No. 2845, and recorded in Plat Book F Page 157, records of Banks County, Georgia, which plat is incorporated herein by reference and made a part of this description.
Said property is known as 231 Athens Street, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad 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.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Melinda L. Matthews, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Melinda L. Matthews, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
JPMorgan Chase Bank, National Association as Attorney-in-Fact for Melinda L. Matthews
File no. 10-004171
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN9,16,23,30B/1323-60T1P)
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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 DEBORAH P. GIBBS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 30, 2006, recorded in Deed Book 294, Page 224, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment recorded in Deed Book 340, Page 558, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED FIFTY AND 0/100 DOLLARS ($139,650.00), 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 July, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Deborah P. Gibbs or a tenant or tenants and said property is more commonly known as 50 North Main Street, Maysville, Georgia 30558. 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.
Chase Home Finance LLC as Attorney in Fact for Deborah P. Gibbs
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 7/6/10
Our file no. 51132309-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465 Georgia militia District, Banks County, Georgia, and being more particularly described as follows: Beginning at an Iron Pin set on the northeasterly side of North Main Street, one hundred fifty-eight and five tenths (158.5) feet southeasterly, as measured along the northeasterly side of north main street, from the intersection of North Main Street with an Iron Pin found at a Rock Wall, said point of beginning also being located at the line dividing property described herein and property now or formerly owned by Delia Bryan and Elizabeth “Lizzie” Bryan; running thence north 23 Degrees 30 Minutes east, along the southeasterly line of said Bryan property, one hundred fifty (150) feet to a point; running thence south 71 Degrees 07 Minutes east, along the northeasterly line of said Bryan property, one and four tenths (1.4) feet to a point; running thence north 18 Degrees 54 Minutes east, along the southeasterly line of said Bryan property, ninety-four and three tenths (94.3) feet to an Iron Pin found; running thence south 70 Degrees 43 Minutes east, along the southwesterly line of said Bryan property, one hundred twelve and five tenths (112.5) feet to an Iron Pin set and property now or formerly owned by Essie Jackson; running thence south 18 Degrees 54 Minutes west, along the northwesterly line of said Jackson property, two hundred forty-three and eight tenths (243.8) feet to an Iron Pin set on the northeasterly side of North Main Street; running thence north 70 Degrees 43 Minutes west, along the northeasterly side of north main street, one hundred twenty-five and nine tenths (125.9) feet to an Iron pin set and the point of beginning, being improved property having a house thereon and being more particularly shown on survey prepared by Max Lewallen, Georgia registered land surveyor no. 2067, dated August 30, 1978, revised September 26, 1978. MR/jwy 7/6/10 Our file no. 51132309 - FT18
(JN9,16,23,30B/12062-90T1P)
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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 TONY SMALLWOOD and DONNA SMALLWOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Taylor, Bean & Whitaker Mortgage Corp., dated April 17, 2008, recorded in Deed Book 324, Page 703, Banks County, Georgia Records, as last transferred to OCWEN LOAN SERVICING, LLC by assignment to be recorded ____, Banks County, Georgia Records conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS ($332,000.00); 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 July 2010 the following described property:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.500 acres, more or less, designated as Tract 2, on a final plat of survey prepared by Ingram, Lord & Associates, Registered Surveyor, dated July 26, 2006, recorded in Plat Book F, Page 114, 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.
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 Tony Smallwood and Donna Smallwood or a tenant or tenants and said property is more commonly known as 1114 Scales Creek Rd., 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.
OCWEN LOAN SERVICING, LLC as Attorney in Fact for Tony Smallwood and Donna Smallwood
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/KM 03/07/2010
Our File# 015151-003051
(JN9,16,23,30B/19109-T4P)
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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 Larry J. Baugh to CitiFinancial Services, Inc., dated April 16, 2008, recorded in Deed Book 324, Page 467, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Fifty-Four Thousand Four Hundred Fifty-Six and 36/100 DOLLARS ($54,456.36), 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 July, 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Larry J. Baugh or a tenant or tenants and said property is more commonly known as 1469 John Morris Rd., Maysville, GA 30558. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
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.
CitiFinancial, Inc as Attorney in Fact for Larry J Baugh
Barry King Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350
http://foreclosure.closingsource.net BK/SA May/18/2010 MHS
File #: GA-91000123-10
Exhibit “A”
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 912, Banks County, Georgia, containing 5.09 acres, more or less, as shown on survey for Laurel Johnson by Max Lewallen, Registered Surveyor, dated November 27, 1985, and being more fully described according to said Lewallen Survey as follows: beginning at an iron pin corner on the south side of Silver Shoals Road which point of beginning is located in a northeasterly direction 1955 feet from the right-of-way of Georgia Hwy. #51 as measured along the right-of-way of Silver Shoals Road and which beginning iron pin corner is off set 13.7 feet from the right-of-way of Silver Shoals Road and running thence along the right-of-way of Silver Shoals Road north 58 degrees 00 minutes east 200.2 feet to a corner; thence south 15 degrees 23 minutes east 518.1 feet to an iron pin corner; thence south 25 degrees 52 minutes east 530.1 feet to an iron pin corner; thence south 70 degrees 59 minutes west 289.0 feet to iron pin corner; thence north 15 degrees 23 minutes west 1005.5 feet to the point of beginning on the right-of-way of Silver Shoals Road and being the same property described and conveyed by Cleal Morris, Et Al to Ruth Crow dated March 8, 1978 and recorded in Deed Book 15, Page 129 of the Banks County Records. BK/SA May/18/2010 MHS File #: GA-91000123-10
(JN9,16,23,30B/12062-70T1P)
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Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office.
CU-10-05 – Bethany Christian Church – A conditional use application for adding a fellowship hall at 312 Historic Homer Highway. This property is zoned ARR, Agricultural, Rural-Residential.
CU-10-06 – Brian D. and Renee S. Cook – A conditional use application for a courier service as a home occupation at 157 Buckeye Trails Lane. This property is zoned R-1, Single Family Residential.
The above items are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, July 20, 2010, at 7 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, July 27, 2010, at 3:30 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge.
Interested persons are invited to appear and comment.
(JN30B/069-20)
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Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation which will incorporate HOLIDAY FESTIVAL, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation is located at 108 Mason Street, Homer, Banks County, Georgia 30547, and its initial registered agent at such address is Tim Harper.
Winslow H. Verdery, Jr.
Attorney for Incorporator
Post Office Box 1556
Cornelia, Georgia 30531
706-778-1800
(JN23,30P2)
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Scruton Estate
Notice to Debtors and Creditors
All creditors of the Estate of ROBERT H. SCRUTON, 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 24 day of June, 2010.
Duphne A. Cornelius
Executor/Administrator
5277 Spalding Mill Place
Norcross, GA 30092
(JN30,JU7,14,21P4)
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Notice of Seizure
Of Personal Property Valued at Less than $25,000
Pursuant to O.C.G.A. Sec. 16-13-49(n), any party claiming an interest in the following property is hereby notified that on May 31, 2010, said property was seized by the Banks County Sheriff’s Office in Banks County, Georgia.
Seized Property:
2000 Jaguar S-Type, VIN #: SAJDA01C8YFL70789
Purported Owner(s) of seized property:
DARRYL OMEGA RAPP
Alleged Violations of Law:
Possession of Marijuana (O.C.G.A. 16-13-30(j)(1))
Possession of Cocaine (O.C.G.A. 16-13-30(a))
Possession of Methamphetamine (O.C.G.A. 16-13-30(a))
Conduct giving rise to said seizure was as follows:
On May 31, 2010, Darryl Omega Rapp was found to be in violation of the Georgia Controlled Substances Act on Interstate 85 North near Mile Marker 150, in Banks County, Georgia by being in possession of marijuana, cocaine, and methamphetamine. Said seized property was used or intended for use to facilitate a violation of the Georgia Controlled Substances Act and was found in close proximity to said controlled substances and marijuana.
You are further advised that you may file a claim within thirty (30) days of the second publication of this Notice of Seizure by sending a claim to the seizing law enforcement agency and to the District Attorney by Certified mail, return receipt requested. Any such claim must comply with O.C.G.A. Sec. 16-13-49(n). Any party who does not file a claim complying with these requirements surrenders his or her interests and rights in said property.
This 15th day of June, 2010.
Inv. Bryan Lord
Banks County Sheriff’s Office
160 Windmill Farm Road
Homer, Georgia 30547
706-677-2248
Samuel E. Skelton
District Attorney’s Office
Piedmont Judicial Circuit
P.O. Box 665
Homer, Georgia 30547
706-677-6205
(JN30,JU7,14B/916-30P)
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Public Hearing
The City of Baldwin Fire Department will hold a Town Hall Meeting on Tuesday, July 13, 2010 at 7:00 p.m., 155 Willingham Avenue (City Police Dept.) to discuss the following topic:
Insurance Service Office, Inc. (ISO) Rating
The citizens of Baldwin are encouraged to attend. The topics that will be discussed are: (1) what is the ISO, (2) what does it do (3) why are its ratings important (4) how and why do those ratings impact the community, and (5) how are the City’s Fire and Water Departments and County 911 System graded.
Public is invited to attend.
Jerry Presley
City Administrator
(JU30,JU7B/650PO7840-20)
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Giles Estate
Georgia, Banks County Probate Court
Notice
The petition of GLENDA J. GILES, for a year’s support from the estate of THOMAS C. GILES, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before July 19, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road, Suite 7
Homer, GA 30547
706-677-6250
(JN23,30,JU7,14P4)
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Livingston Estate
Probate Court of Banks County
Notice
Re: Petition of HERMAN POMPPER JR. and MARY AMY OLIVER POMPPER to probate in solemn form the will of RONALD J. LIVINGSTON, deceased, upon which an order for service was granted by this Court on June 10, 2010.
TO: Edwin Leroy Livingston; Lawrence Livingston; Joann Livingston; John Semiz; Darlene Semiz; all interested parties and all and singular the heirs of said decedent, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before July 19, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleadings must be signed before a notary public or 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 below address/phone 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
Clerk of the Probate Court
144 Yonah-Homer Road
Suite 7
Homer, Georgia 30547
(706) 677-6250
(JN23,30,JU7,14P4)
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Webb Estate
Probate Court of Banks County
Notice
Re: Petition of Walter Lester Webb Jr. to probate in solemn form the will of JANIE LORETHA WEBB, deceased, upon which an order for service was granted by this Court on June 15, 2010.
TO: ALAN HEWELL
All interested parties and all and singular the heirs of said decedent, and to whom it may concern: This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before July 19, 2010.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or 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 below address/phone 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
Clerk of the Probate Court
Banks County Probate Court
144 Yonah Homer Road, Suite 7
Homer, GA 30547
(706) 677-6250
(JN23,30,JU7,14P4)
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Turner Estate
Notice to Debtors and Creditors
All creditors of the Estate of FRANCES TURNER, 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 3rd day of June, 2010.
Jeff Turner
Executor/Administrator
126 Temple Rd.
Homer, GA 30547
(JN16,23,30,JU7P4)
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Divorce Notice
In the Superior Court of Banks County
State of Georgia
Stewart Gregory, Plaintiff,
v
Shan Shan Huang Gregory, Defendant,
10-CV-300M
Notice of Summons
TO: Shan Shan Huang Greogry, Defendant named above:
You are hereby notified that the above styled action seeking a divorce was filed against you in said court on May 17th, 2010 and that by reason of an Order for Service by Publication entered by the Court on May 21, 2010 you are hereby commanded and required to file with the Clerk of said Court and serve upon the Plaintiff, whose address is Post Office Box 500, Homer, Georgia 30547 an Answer to the complaint within sixty days of the date of the Order for service by Publication.
Witness the Honorable Currie Mingledorff, Judge Superior Court
This the 28 day of May, 2010.
By: Tim Harper
Clerk of Court
(JN9,16,23,30P4)
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 R. PURSLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 3, 2006, recorded in Deed Book 273, Page 587, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA 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 NINETY-TWO THOUSAND SIX HUNDRED FORTY AND 0/100 DOLLARS ($92,640.00), 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 July, 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 Timothy R. Pursley or a tenant or tenants and said property is more commonly known as 146 Mintz Road, Maysville, Georgia 30558. 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, NA as Attorney in Fact for Timothy R. Pursley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rjt 7/6/10 Our file no. 53197609-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Charles Jones & Maxine Jones by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded in Plat Book 13, Page 202, 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. Also conveyed herewith is a 1994 Oak Knoll Mobile Home, Serial Number GAFLR34A19298-OH10 and GAFLR34B19298-OH10, which is permanently attached to and made a part of the real property. MR/rjt 7/6/10
(JN9,16,23,30B/12062-70T1P)
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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 OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, page 201, Banks County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, 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 July, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
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 Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, 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. 09-5247
(JN9,16,23,30B/224-60)
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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 that certain Deed to Secure Debt (“Security Deed”) executed by VINCE F. REED in favor of COMMUNITY BANK & TRUST dated August 13, 2007, and recorded at Deed Book 311, Pages 60-64 of the Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in July, that being July 6, 2010, the following described property:
All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 8, Hickory Knoll Subdivision, as per plat recorded in Plat Book B, Page 13, of the Banks County Deed records, which plat is incorporated herein by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easements, and restrictions of record affecting said bargained premises.
Said property is located at: 146 Timber Ridge Lane, Alto, GA 30510
The debt secured by said Security Deed is evidenced by a Commercial Promissory Note (the “Note”), dated August 1, 2008 in the original principal amount of $136,310.00, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Vince F. Reed, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Vince F. Reed and will be sold as the property of Vince F. Reed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Vince F. Reed
By: SCBT, NA, as successor in interest to Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
(770) 532-6312
(JN9,16,23,30B/417-50T1P)
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Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from PATRICIA ANGLIN HOLT to COMMUNITY BANK & TRUST-JACKSON, dated September 2, 1999, which Deed is recorded among Banks County, Georgia Records in Deed Book 148, Page 508, said Security Deed being given to secure a Note dated October 31, 2007 in the original principal amount of FIFTY ONE THOUSAND SIX HUNDRED FIFTY ONE AND 99/100 ($51,651.99) 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 July, 2010, (July 6, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, containing 10.97 acres, more or less, and being bounded now or formerly as follows: North by lands of Bell Road and lands of Bell; East by Hembree Road formerly known as Joel Sanders Road; South by lands of Rucker; and West by lands of Bell formerly known as Rucker.
Said tract of land being more particularly described according to a plat of survey prepared by Eddie A. Borders, Surveyor, on September 10, 1982 and being all of tract two (2) shown on said plat. Said plat is by reference incorporated herein as part of this description. Said lands being the homeplace of Ruth Lord.
LESS AND EXCEPT: That 4.000 acres, more or less, as more particularly shown on plat of survey prepared for James Whisnant, dated July 11, 1995 and recorded in Plat Book 20, Page 10, Banks County, Georgia Records.
LESS AND EXCEPT: That 2.00 acres, more or less, as more particularly shown on plat of survey prepared for James Whisnant, dated September 7, 1995 and recorded in Plat Book 20, Page 44, Banks County, Georgia Records.
Said property is known as 456 Hembree Road, Maysville, Georgia, 30558, 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 CBT, a Division of SCBT, N.A. 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 PATRICIA ANGLIN HOLT, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for PATRICIA ANGLIN HOLT
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.
(JN9,16,23,30B/1326-70P)
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Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from ANR HOME SOLUTIONS, LLC to COMMUNITY BANK & TRUST, dated September 23, 2008, which Deed is recorded among Banks County, Georgia Records in Deed Book 332, Page 327, said Security Deed being given to secure a Note dated October 23, 2008 in the original principal amount of ONE HUNDRED THIRTY THOUSAND AND 00/100 ($130,000.00) 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 July, 2010, (July 6, 2010) the following described property, to wit:
All that trace or parcel of land, lying and being in the 1580th GMD of Banks County, Georgia, and being Tr. 1, containing 3.177 acres, more or less, as shown on a survey for Onyx Property Management, dated 12-24-04, being recorded in Plat Book 29, Page 54 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. Said property is known as 4320 Old Highway 441 North, 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 CBT, a Division of SCBT, N.A. 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 ANR HOME SOLUTIONS, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for ANR HOME SOLUTIONS, LLC
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.
(JN9,16,23,30B/1326-60P)
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Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from ANR HOME SOLUTIONS, LLC to COMMUNITY BANK & TRUST, dated October 23, 2008, which Deed is recorded among Banks County, Georgia Records in Deed Book 332, Page 321, said Security Deed being given to secure a Note dated October 23, 2008 in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 00/100 ($170,000.00) 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 July, 2010, (July 6, 2010) the following described property, to wit:
All that trace or parcel of land, lying and being in the 1580th GMD of Banks County, Georgia, and being Tr. 2, containing 2.114 acres, more or less, as shown on a survey for Onyx Property Management, dated 12-24-04, being recorded in Plat Book 29, Page 54 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is known as 4228 Old Highway 441 North, 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 CBT, a Division of SCBT, N.A. 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 ANR HOME SOLUTIONS, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for ANR HOME SOLUTIONS, LLC
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.
(JN9,16,23,30B/1326-60P)
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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 MARIA RUBIO D. VASQUEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 17, 2005, recorded in Deed Book 267, Page 132, Banks County, Georgia Records and as re-recorded in Deed Book 347, Page 660, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 292, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-EIGHT THOUSAND AND 0/100 DOLLARS ($148,000.00), 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 July, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Maria Rubio D. Vasquez and Jose P. Vasquez or a tenant or tenants and said property is more commonly known as 1366 Irvin Chambers Road, Maysville, Georgia 30558. 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 Maria Rubio D. Vasquez
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 7/6/10
Our file no. 53095009-FT2
EXHIBIT “A”
All that tract or parcel of land located in Banks County, Georgia, in the Homer-GMD 265 and more particularly described as follows: Beginning at the intersection of the southern right of way (60 feet right of way) of Parson Circle (paved) and the centerline of Ervin Chambers Road (county dirt road number 301), thence along said southern right of way of Parson Circle north 80 degrees 23 minutes east a distance of 241.2 feet to a point, thence continuing along said southern right of way of Parson Circle north 80 degrees 17 minutes east a distance of 141.4 feet to a point on said right-of-way, thence continuing along said southern right-of-way of Parson Circle north 76 degrees 05 minutes east a distance of 119.4 feet to a point on said right-of-way, thence continuing along said southern right of way of Parson Circle north 70 degrees 53 minutes east a distance of 75.6 feet to an iron pin, thence leaving said right of way of Parson Circle south 17 degrees 16 minutes east a distance of 531.1 feet to an iron pin, thence running south 81 degrees 22 minutes west a distance of 385.7 feet to an iron pin, thence running south 50 degrees 25 minutes west a distance of 62.1 feet to a point, thence running north 19 degrees 52 minutes west a distance of 83.9 feet to a point, thence running north 09 degrees 34 minutes west 88.5 feet to a point, thence running north 80 degrees 26 minutes east a distance of 2.5 feet to a point, thence running north 09 degrees 34 minutes west a distance of 10.0 feet to a point, thence running south 80 degrees 26 minutes west a distance of 10.0 feet to a point, thence running south 09 degrees 34 minutes east a distance of 10.0 feet to a point, thence running north 80 degrees 26 minutes east a distance of 2.5 feet to a point, thence running south 09 degrees 34 minutes east 98.9 feet to a point, thence running south 19 degrees 52 minutes east a distance of 86.1 feet to a point, thence running north 87 degrees 11 minutes west a distance of 161.0 feet to a point, said point being the center line of Ervin Chambers Road, thence running north 14 degrees 52 minutes west a distance of 499.2 feet at the intersection of the center line of Ervin Chambers Road (county dirt road number 301) and the southern right of way of Parson Circle, said point being the true point of beginning. Said tract contains 6.87 acres, more or less, 911 address 1366 Ervin Chambers Road.
MR/jas 7/6/10 Our file no. 53095009 - FT2
(JN9,16,23,30B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
& Jackson County
By virtue of the power of sale contained in the Security Deed by and between MAYSVILLE HISTORIC PROPERTIES, LLC, (“Borrower”) and FIRST GEORGIA BANKING COMPANY (“Lender”) dated September 9, 2005, and recorded in Deed Book 270, Page 746, Banks County Records conveying the realty described on Exhibit “A” attached hereto as collateral for the debt in the principal amount of $199,800.00 together with all late fees and interest from dates of execution at the rates provided therein on the unpaid balance; 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 of July, 2010, the realty in the 465th District, Banks County, Georgia, being more completely described as follows:
EXHIBIT A
All that tract or parcel of land lying and being in G.M.D. 465, Banks and Jackson Counties, Georgia, City of Maysville, containing 0.072 acres, according to a plat of survey dated May 6, 2001, for Scott Holcomb by Slate & Associates, Inc., Georgia Professional Land Surveyor No. RLS2629, and being more particularly described as follows:
To find the point of beginning, begin at an iron pin located at the southeasterly side of a sidewalk adjoining Homer Street, said iron pin being located South 37 degrees 49’51” East 42.5 feet from the intersection of the northwestern side of Homer Street with the centerline of Oak Alley; thence South 52 degrees 15’52” West 18.98 feet to the point of beginning; running thence along the centerline of a Wall, South 38 degrees 41’02” East 48.61 feet to a point common with the property n/f H. Wilson; running thence South 50 degrees 46’14” West 66.01 feet to an iron pin found; running thence North 32 degrees 24’20” West 50.23 feet to a point on the southeasterly right of way of Homer Street (said boundary line partly dividing a common hall and stairway); (said point being located North 64 degrees 09’16” E 43.56 feet from a USGS Marker N. 86 1930): running thence North 51 degrees 58’18” East 60.52 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due and payable because, among other possible events of default, of the Borrower’s failure to pay the interest and principal when due. The debt 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), and 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 Grantee, the party in possession of the property is Borrower and/or a tenant or tenants.
First Georgia Banking Company As Attorney In Fact For Maysville Historic Properties, LLC
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, P.C.
1237 S. Elm Street,
Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(JN9,16,23,30B/19584-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by MELINDA L. MATTHEWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated March 9, 2007, and recorded in Deed Book 303, Page 86, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment, securing a Note in the original principal amount of $131,850.00, the holder thereof pursuant to said Deed and 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, July 6, 2010, during the legal hours of sale, before the Courthouse door in said 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., of Banks County, Georgia and being Lot 3, as more particularly shown on a plat of survey entitled “Danny Vaughn” prepared by Ingram, Lord and Associates, Inc., certified by Barry D. Lord, G.R.L.S. No. 2845, and recorded in Plat Book F Page 157, records of Banks County, Georgia, which plat is incorporated herein by reference and made a part of this description.
Said property is known as 231 Athens Street, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad 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.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Melinda L. Matthews, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Melinda L. Matthews, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
JPMorgan Chase Bank, National Association as Attorney-in-Fact for Melinda L. Matthews
File no. 10-004171
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN9,16,23,30B/1323-60T1P)
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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 DEBORAH P. GIBBS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 30, 2006, recorded in Deed Book 294, Page 224, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment recorded in Deed Book 340, Page 558, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED FIFTY AND 0/100 DOLLARS ($139,650.00), 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 July, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Deborah P. Gibbs or a tenant or tenants and said property is more commonly known as 50 North Main Street, Maysville, Georgia 30558. 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.
Chase Home Finance LLC as Attorney in Fact for Deborah P. Gibbs
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 7/6/10
Our file no. 51132309-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465 Georgia militia District, Banks County, Georgia, and being more particularly described as follows: Beginning at an Iron Pin set on the northeasterly side of North Main Street, one hundred fifty-eight and five tenths (158.5) feet southeasterly, as measured along the northeasterly side of north main street, from the intersection of North Main Street with an Iron Pin found at a Rock Wall, said point of beginning also being located at the line dividing property described herein and property now or formerly owned by Delia Bryan and Elizabeth “Lizzie” Bryan; running thence north 23 Degrees 30 Minutes east, along the southeasterly line of said Bryan property, one hundred fifty (150) feet to a point; running thence south 71 Degrees 07 Minutes east, along the northeasterly line of said Bryan property, one and four tenths (1.4) feet to a point; running thence north 18 Degrees 54 Minutes east, along the southeasterly line of said Bryan property, ninety-four and three tenths (94.3) feet to an Iron Pin found; running thence south 70 Degrees 43 Minutes east, along the southwesterly line of said Bryan property, one hundred twelve and five tenths (112.5) feet to an Iron Pin set and property now or formerly owned by Essie Jackson; running thence south 18 Degrees 54 Minutes west, along the northwesterly line of said Jackson property, two hundred forty-three and eight tenths (243.8) feet to an Iron Pin set on the northeasterly side of North Main Street; running thence north 70 Degrees 43 Minutes west, along the northeasterly side of north main street, one hundred twenty-five and nine tenths (125.9) feet to an Iron pin set and the point of beginning, being improved property having a house thereon and being more particularly shown on survey prepared by Max Lewallen, Georgia registered land surveyor no. 2067, dated August 30, 1978, revised September 26, 1978. MR/jwy 7/6/10 Our file no. 51132309 - FT18
(JN9,16,23,30B/12062-90T1P)
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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 TONY SMALLWOOD and DONNA SMALLWOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Taylor, Bean & Whitaker Mortgage Corp., dated April 17, 2008, recorded in Deed Book 324, Page 703, Banks County, Georgia Records, as last transferred to OCWEN LOAN SERVICING, LLC by assignment to be recorded ____, Banks County, Georgia Records conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS ($332,000.00); 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 July 2010 the following described property:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.500 acres, more or less, designated as Tract 2, on a final plat of survey prepared by Ingram, Lord & Associates, Registered Surveyor, dated July 26, 2006, recorded in Plat Book F, Page 114, 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.
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 Tony Smallwood and Donna Smallwood or a tenant or tenants and said property is more commonly known as 1114 Scales Creek Rd., 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.
OCWEN LOAN SERVICING, LLC as Attorney in Fact for Tony Smallwood and Donna Smallwood
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/KM 03/07/2010
Our File# 015151-003051
(JN9,16,23,30B/19109-T4P)
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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 Larry J. Baugh to CitiFinancial Services, Inc., dated April 16, 2008, recorded in Deed Book 324, Page 467, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Fifty-Four Thousand Four Hundred Fifty-Six and 36/100 DOLLARS ($54,456.36), 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 July, 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Larry J. Baugh or a tenant or tenants and said property is more commonly known as 1469 John Morris Rd., Maysville, GA 30558. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
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.
CitiFinancial, Inc as Attorney in Fact for Larry J Baugh
Barry King Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350
http://foreclosure.closingsource.net BK/SA May/18/2010 MHS
File #: GA-91000123-10
Exhibit “A”
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 912, Banks County, Georgia, containing 5.09 acres, more or less, as shown on survey for Laurel Johnson by Max Lewallen, Registered Surveyor, dated November 27, 1985, and being more fully described according to said Lewallen Survey as follows: beginning at an iron pin corner on the south side of Silver Shoals Road which point of beginning is located in a northeasterly direction 1955 feet from the right-of-way of Georgia Hwy. #51 as measured along the right-of-way of Silver Shoals Road and which beginning iron pin corner is off set 13.7 feet from the right-of-way of Silver Shoals Road and running thence along the right-of-way of Silver Shoals Road north 58 degrees 00 minutes east 200.2 feet to a corner; thence south 15 degrees 23 minutes east 518.1 feet to an iron pin corner; thence south 25 degrees 52 minutes east 530.1 feet to an iron pin corner; thence south 70 degrees 59 minutes west 289.0 feet to iron pin corner; thence north 15 degrees 23 minutes west 1005.5 feet to the point of beginning on the right-of-way of Silver Shoals Road and being the same property described and conveyed by Cleal Morris, Et Al to Ruth Crow dated March 8, 1978 and recorded in Deed Book 15, Page 129 of the Banks County Records. BK/SA May/18/2010 MHS File #: GA-91000123-10
(JN9,16,23,30B/12062-70T1P)
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Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office.
CU-10-05 – Bethany Christian Church – A conditional use application for adding a fellowship hall at 312 Historic Homer Highway. This property is zoned ARR, Agricultural, Rural-Residential.
CU-10-06 – Brian D. and Renee S. Cook – A conditional use application for a courier service as a home occupation at 157 Buckeye Trails Lane. This property is zoned R-1, Single Family Residential.
The above items are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, July 20, 2010, at 7 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, July 27, 2010, at 3:30 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge.
Interested persons are invited to appear and comment.
(JN30B/069-20)
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Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation which will incorporate HOLIDAY FESTIVAL, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation is located at 108 Mason Street, Homer, Banks County, Georgia 30547, and its initial registered agent at such address is Tim Harper.
Winslow H. Verdery, Jr.
Attorney for Incorporator
Post Office Box 1556
Cornelia, Georgia 30531
706-778-1800
(JN23,30P2)
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Scruton Estate
Notice to Debtors and Creditors
All creditors of the Estate of ROBERT H. SCRUTON, 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 24 day of June, 2010.
Duphne A. Cornelius
Executor/Administrator
5277 Spalding Mill Place
Norcross, GA 30092
(JN30,JU7,14,21P4)
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Notice of Seizure
Of Personal Property Valued at Less than $25,000
Pursuant to O.C.G.A. Sec. 16-13-49(n), any party claiming an interest in the following property is hereby notified that on May 31, 2010, said property was seized by the Banks County Sheriff’s Office in Banks County, Georgia.
Seized Property:
2000 Jaguar S-Type, VIN #: SAJDA01C8YFL70789
Purported Owner(s) of seized property:
DARRYL OMEGA RAPP
Alleged Violations of Law:
Possession of Marijuana (O.C.G.A. 16-13-30(j)(1))
Possession of Cocaine (O.C.G.A. 16-13-30(a))
Possession of Methamphetamine (O.C.G.A. 16-13-30(a))
Conduct giving rise to said seizure was as follows:
On May 31, 2010, Darryl Omega Rapp was found to be in violation of the Georgia Controlled Substances Act on Interstate 85 North near Mile Marker 150, in Banks County, Georgia by being in possession of marijuana, cocaine, and methamphetamine. Said seized property was used or intended for use to facilitate a violation of the Georgia Controlled Substances Act and was found in close proximity to said controlled substances and marijuana.
You are further advised that you may file a claim within thirty (30) days of the second publication of this Notice of Seizure by sending a claim to the seizing law enforcement agency and to the District Attorney by Certified mail, return receipt requested. Any such claim must comply with O.C.G.A. Sec. 16-13-49(n). Any party who does not file a claim complying with these requirements surrenders his or her interests and rights in said property.
This 15th day of June, 2010.
Inv. Bryan Lord
Banks County Sheriff’s Office
160 Windmill Farm Road
Homer, Georgia 30547
706-677-2248
Samuel E. Skelton
District Attorney’s Office
Piedmont Judicial Circuit
P.O. Box 665
Homer, Georgia 30547
706-677-6205
(JN30,JU7,14B/916-30P)
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Public Hearing
The City of Baldwin Fire Department will hold a Town Hall Meeting on Tuesday, July 13, 2010 at 7:00 p.m., 155 Willingham Avenue (City Police Dept.) to discuss the following topic:
Insurance Service Office, Inc. (ISO) Rating
The citizens of Baldwin are encouraged to attend. The topics that will be discussed are: (1) what is the ISO, (2) what does it do (3) why are its ratings important (4) how and why do those ratings impact the community, and (5) how are the City’s Fire and Water Departments and County 911 System graded.
Public is invited to attend.
Jerry Presley
City Administrator
(JU30,JU7B/650PO7840-20)
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Giles Estate
Georgia, Banks County Probate Court
Notice
The petition of GLENDA J. GILES, for a year’s support from the estate of THOMAS C. GILES, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before July 19, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road, Suite 7
Homer, GA 30547
706-677-6250
(JN23,30,JU7,14P4)
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Livingston Estate
Probate Court of Banks County
Notice
Re: Petition of HERMAN POMPPER JR. and MARY AMY OLIVER POMPPER to probate in solemn form the will of RONALD J. LIVINGSTON, deceased, upon which an order for service was granted by this Court on June 10, 2010.
TO: Edwin Leroy Livingston; Lawrence Livingston; Joann Livingston; John Semiz; Darlene Semiz; all interested parties and all and singular the heirs of said decedent, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before July 19, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleadings must be signed before a notary public or 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 below address/phone 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
Clerk of the Probate Court
144 Yonah-Homer Road
Suite 7
Homer, Georgia 30547
(706) 677-6250
(JN23,30,JU7,14P4)
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Webb Estate
Probate Court of Banks County
Notice
Re: Petition of Walter Lester Webb Jr. to probate in solemn form the will of JANIE LORETHA WEBB, deceased, upon which an order for service was granted by this Court on June 15, 2010.
TO: ALAN HEWELL
All interested parties and all and singular the heirs of said decedent, and to whom it may concern: This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before July 19, 2010.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or 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 below address/phone 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
Clerk of the Probate Court
Banks County Probate Court
144 Yonah Homer Road, Suite 7
Homer, GA 30547
(706) 677-6250
(JN23,30,JU7,14P4)
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Turner Estate
Notice to Debtors and Creditors
All creditors of the Estate of FRANCES TURNER, 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 3rd day of June, 2010.
Jeff Turner
Executor/Administrator
126 Temple Rd.
Homer, GA 30547
(JN16,23,30,JU7P4)
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Divorce Notice
In the Superior Court of Banks County
State of Georgia
Stewart Gregory, Plaintiff,
v
Shan Shan Huang Gregory, Defendant,
10-CV-300M
Notice of Summons
TO: Shan Shan Huang Greogry, Defendant named above:
You are hereby notified that the above styled action seeking a divorce was filed against you in said court on May 17th, 2010 and that by reason of an Order for Service by Publication entered by the Court on May 21, 2010 you are hereby commanded and required to file with the Clerk of said Court and serve upon the Plaintiff, whose address is Post Office Box 500, Homer, Georgia 30547 an Answer to the complaint within sixty days of the date of the Order for service by Publication.
Witness the Honorable Currie Mingledorff, Judge Superior Court
This the 28 day of May, 2010.
By: Tim Harper
Clerk of Court
(JN9,16,23,30P4)
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