Entries from July 2010
Forrest Hagan
COMMERCE – Forrest L. Hagan Jr., 83, died Monday, July 5, 2010. Born in Rockmart, he was the son of Forrest L. Hagan Sr. and Ellen Cosby Hagan. A former Jackson County Commissioner, he was a business owner and a United States Navy veteran. He was a member of the First United Methodist Church of Commerce, BJC Hospital Authority and a former ...
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Patricia Cook
ALTO – Patricia G. Cook, 86, died Thursday, July 1, 2010. Born in Toledo, Ohio, on January 8, 1924, she was the daughter of the late Gordon Samuel and Oril Ellena Yates Gilmore. She was a United States Army Veteran having served during WWII obtaining the rank of Corporal. She had served as an administrative executive secretary and at age 54 ...
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Connie Seay
MAYSVILLE – Connie Jean Philyaw Seay, 69, died Saturday, July 3, 2010, at her residence. Born in Hall County, she was the daughter of the late Terrell Lamar (T.L.) and Willie Mae Godfrey Philyaw. She was a homemaker. Mrs. Seay was preceded in death by a sister, Lena Harper Powell. Survivors include her husband, Charles Seay, Maysville; ...
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Hayward Sorrow
COMMERCE – Hayward William Sorrow, 81, died Friday, July 2, 2010, at his residence. Born on April 15, 1929, in Commerce, he was the son of the late Hope and Erma Holcomb Sorrow. He was retired from Harmony Grove Mills and was a member of Berea Baptist Church. He enjoyed spending time with his family, playing the guitar, banjo and violin, ...
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Jimmy Collins
ILA – Jimmy David Collins Sr., 58, died Wednesday, June 30, 2010, at his residence. Born in Fulton County, he was the son of the late Jimmy Hamilton and Barbara Anne McGinnis Collins. He was employed by White Cap. Survivors include sons, Todd Collins, Commerce, and David “Pee Wee” Collins Jr., Dalton; a brother, Jay Collins, Atlanta; ...
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Leopards continue to work through summer
The Pride of Summer continues at Banks County as the football players finish out the month in the weight room. Banks County’s gridiron Leopards recently competed in the Lineman Challenge at Gilmer County and finished up the start of the Gladiator Wars. With the GHSA mandated holiday off-week July 5-9, the Leopards will take a few days to ...
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Traveling to Toccoa: Toccoa Falls, antique shopping highlight of visit
Visitors to the North Georgia town of Toccoa will find beautiful countryside, antique shopping and a wonderful history museum on the area.
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Night Of Fire Lights Up Dragway
It was a hot night and a fast show at the Night of Fire at the Atlanta Dragway Saturday night. In the Super Pro final, Tommy Motes of Loganville faced Mark Hancock of Commerce. Hancock got the handicap tree with a 5.11 dial-in against Motes’s 4.96 dial. Hancock’s .034 reaction time wasn’t good enough for Motes’s .025 launch, however. ...
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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 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)
[Full Story »]
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)
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