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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, 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, September 7, 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, 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 N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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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 BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
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 Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
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. 10-06022
(AU11,18,25,SE1B/224-60)
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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 VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, 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 September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
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.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
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. 10-04171
(AU11,18,25,SE1B/224-80)
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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 September, 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
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 7, 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, Maysville, GA 30558, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto 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 September, 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 GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. 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.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /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.
(AU11,18,25,SE1B/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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
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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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), 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 September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. 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 September, 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 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean 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.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
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.
(AU11,18,25,SE1B/1325-50)
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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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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 Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, 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 Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 September 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
(AU11,18,25,SE1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by LEQUITA JUANISHA STOCKTON and ROYCE CHADWICK STOCKTON to NEW CENTURY MORTGAGE CORPORATION, dated June 8, 2006, and recorded in Book 283, Page 278, and further assigned to Wells Fargo Bank N.A., Banks County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated June 8, 2006, in the original principal sum of ONE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED TEN AND NO/100 ($125,910.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, 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 September, 2010, the property described as:
All that tract or parcel of land lying and being in the 465th G.M.D. of Banks County, Georgia, and being more particularly described as Lot #9, containing 0.770 acres, as shown on a plat of survey of Oak Grove Estates prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated 03/25/1987, recorded in Plat book A, Page 32, Banks County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
This is a portion of the same property conveyed to Lassiter Properties, Inc. by Warranty Deed dated 6/29/83, recorded in Deed Book 29, pages 30-31, Banks County records.
This conveyance is made subject to the Restrictive Covenants filed for Oak Grove Estates dated, November 23, 1992, recorded in Deed Book 75, Page 703, Banks County Records, and the Restrictive Covenants filed for Red Oak Farms dated 11/23/1992, recorded in Book 75, page 700 Banks County Records.
Parcel No.: B32-064A
which has the property address of 106 Grove Drive, Maysville, GA 30558, together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on 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.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton 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 Deed to Secure Debt/Security Deed.
Wells Fargo Bank N.A. as attorney-in-fact for Lequita Juanisha Stockton and Royce Chadwick Stockton
Wells Fargo Bank N.A.
Attn: Loss Mitigation
1610 E. St. Andrew Place
Suite B150
Santa Ana, CA 92705
949-517-7000
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
1-800-478-2580
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1P4)
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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 W. SIBCY and TARESA L. SIBCY to CHASE MANHATTAN MORTGAGE CORPORATION, dated October 20, 2003, recorded in Deed Book 224, Page 837, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-THREE THOUSAND AND 0/100 DOLLARS ($133,000.00), 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 September, 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 Matthew W. Sibcy and Taresa L. Sibcy or a tenant or tenants and said property is more commonly known as 225 Scales Creek Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC sbm Chase Manhattan Mortgage Corporation as Attorney in Fact for Matthew W. Sibcy and Taresa L. Sibcy
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 9/7/10
Our file no. 52073810-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less. Designated as Lot No. 7 of Hill & Hill Development, as more particularly shown on a plat of survey prepared for Judith L. Hill & Mary Hill Towns by G. Brian Slate, Registered Surveyor, dated April 24, 2001, revised May 4, 2001, further revised April 22, 2003, and recorded at Plat Book 27, Page 135, 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. MR/jwy 9/7/10 Our file no. 52073810 - FT18
(AU11,18,25,SE1B/19698-60T1P)
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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 September, that being September 7, 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
Gainesville, GA 30503
(770) 532-6312
(AU11,18,25,SE1B/417-50T1P)
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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 LYNN SHIRLEY a/k/a LYNN R. SHIRLEY and PAUL SHIRLEY a/k/a PAUL R. SHIRLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 31, 2005, recorded in Deed Book 270, Page 176, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. 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 TWO HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($240,000.00), 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 September, 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 Lynn Shirley a/k/a Lynn R. Shirley and Paul Shirley a/k/a Paul R. Shirley or a tenant or tenants and said property is more commonly known as 189 Crooked Pine Trail, 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.
BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. as Attorney in Fact for Lynn Shirley a/k/a Lynn R. Shirley and Paul Shirley a/k/a Paul R. Shirley
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 5564410-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 205 of the 10th Land District in Banks County Georgia and being designated as Lot 18 of Smoke Rise Subdivision consisting of 2.998 acres, more or less, and being more fully shown by plat of survey dated May 29 2002 prepared for Covenant Love Family Church by Samuel L Duvall Registered Land Surveyor No 2295 said plat being recorded in Plat Book 26 Page 194 in the Office of the Clerk of the Superior Court of Banks County, Georgia and being incorporated herein for a full and complete legal description. MR/tlj 9/7/10 Our file no. 5564410 - FT14
(AU11,18,25,SE1B/19698-70T1P)
[Full Story »]
Entries by Betty Small
Banks County Public Records 08-18-10 pt 2
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 THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. Said plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P 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 SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), 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 September, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, 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, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID W. AMERSON and BRENDA L. AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David W. Amerson and Brenda L. Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd, Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
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 purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Public Hearing
Please take notice that the following application has been received by the Banks County Planning Office.
Z-10-03 – Ken Owens – A rezoning application for 22 acres located on the corner of McCoy Bridge Road and Hwy. 441 By-Pass from ARR, Agricultural, Rural-Residential to C-2, General Commercial for a farm equipment sales operation.
The above item is 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 matter on Tuesday, September 7, 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 matter on Tuesday, September 14, 2010, at 6:30 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. Interested persons are invited to appear and comment.
(AU18B/069-20)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, 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 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Adamson
Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all Liability)
Re: Petition of BRIAN DAVID ADAMSON for Discharge as Executor/Administrator of the Estate of DAVID ADAMSON, deceased.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. 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 Rd.
Suite 7
Homer, GA 30547
706-677-6250
(AU18B/071-20)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., 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 me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
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 THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. Said plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P 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 SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), 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 September, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, 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, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID W. AMERSON and BRENDA L. AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David W. Amerson and Brenda L. Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd, Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
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 purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Public Hearing
Please take notice that the following application has been received by the Banks County Planning Office.
Z-10-03 – Ken Owens – A rezoning application for 22 acres located on the corner of McCoy Bridge Road and Hwy. 441 By-Pass from ARR, Agricultural, Rural-Residential to C-2, General Commercial for a farm equipment sales operation.
The above item is 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 matter on Tuesday, September 7, 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 matter on Tuesday, September 14, 2010, at 6:30 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. Interested persons are invited to appear and comment.
(AU18B/069-20)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, 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 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Adamson
Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all Liability)
Re: Petition of BRIAN DAVID ADAMSON for Discharge as Executor/Administrator of the Estate of DAVID ADAMSON, deceased.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. 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 Rd.
Suite 7
Homer, GA 30547
706-677-6250
(AU18B/071-20)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., 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 me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Banks County Public Records 08-18-10 pt 1
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, 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, September 7, 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, 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 N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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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 BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
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 Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
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. 10-06022
(AU11,18,25,SE1B/224-60)
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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 VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, 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 September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
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.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
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. 10-04171
(AU11,18,25,SE1B/224-80)
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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 September, 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
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 7, 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, Maysville, GA 30558, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
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 JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto 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 September, 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 GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. 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.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /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.
(AU11,18,25,SE1B/1325-90)
gpn11
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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
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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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), 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 September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
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 BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. 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 September, 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 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean 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.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
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.
(AU11,18,25,SE1B/1325-50)
gpn11
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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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 Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, 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 Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, 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, September 7, 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, 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 Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, 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.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
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 September 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
(AU11,18,25,SE1P4)
[Full Story »]
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, 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, September 7, 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, 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 N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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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 BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
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 Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
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. 10-06022
(AU11,18,25,SE1B/224-60)
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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 VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, 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 September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
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.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
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. 10-04171
(AU11,18,25,SE1B/224-80)
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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 September, 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
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 7, 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, Maysville, GA 30558, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto 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 September, 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 GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. 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.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /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.
(AU11,18,25,SE1B/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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
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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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), 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 September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
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 BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. 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 September, 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 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean 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.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
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.
(AU11,18,25,SE1B/1325-50)
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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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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 Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, 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 Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, 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, September 7, 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, 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 Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, 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.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 September 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
(AU11,18,25,SE1P4)
[Full Story »]
Banks County Public Records 08-11-10 pt 2
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 THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. Said plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P 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 SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), 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 September, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, 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, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID W. AMERSON and BRENDA L. AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David W. Amerson and Brenda L. Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd, Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
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 purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., 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 me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, 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 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
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 THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. Said plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P 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 SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), 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 September, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, 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, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID W. AMERSON and BRENDA L. AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David W. Amerson and Brenda L. Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd, Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
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 purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., 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 me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, 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 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Banks County Public Records 08-11-10 pt 1
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, 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, September 7, 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, 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 N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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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 BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
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 Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
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. 10-06022
(AU11,18,25,SE1B/224-60)
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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 VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, 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 September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
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.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
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. 10-04171
(AU11,18,25,SE1B/224-80)
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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 September, 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
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 7, 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, Maysville, GA 30558, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
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 JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto 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 September, 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 GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. 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.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /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.
(AU11,18,25,SE1B/1325-90)
gpn11
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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
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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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), 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 September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
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 BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. 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 September, 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 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean 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.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
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.
(AU11,18,25,SE1B/1325-50)
gpn11
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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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 Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, 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 Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, 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, September 7, 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, 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 Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, 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.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
[Full Story »]
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, 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, September 7, 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, 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 N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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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 BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
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 Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
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. 10-06022
(AU11,18,25,SE1B/224-60)
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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 VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, 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 September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
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.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
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. 10-04171
(AU11,18,25,SE1B/224-80)
gpn11
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 September, 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
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 7, 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, Maysville, GA 30558, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto 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 September, 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 GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. 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.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /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.
(AU11,18,25,SE1B/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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
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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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), 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 September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. 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 September, 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 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean 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.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
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.
(AU11,18,25,SE1B/1325-50)
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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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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 Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, 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 Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, 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, September 7, 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, 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 Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, 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.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
[Full Story »]
Banks County Public Records 08-04-10
gpn14
Legal Notice
THE ATLANTA GAS LIGHT COMPANY has filed with the Georgia Public Service Commission a 2010-2013 Capacity Supply Plan. Copies of this filing are on file with the Georgia Public Service Commission. This matter has been assigned Docket No. 31491 and has been scheduled for public hearing before the Georgia Public Service Commission beginning September 20, 2010, at 10 a.m. in Room 110 of the Georgia Public Service Commission offices located at 244 Washington Street, SW, Atlanta, Georgia 30334. Any one interested in this matter will be given the opportunity to express his or her view pursuant to O.C.G.A. Section 46-2-59.
In accordance with O.C.G.A. Section 46-2-59(c), persons wishing to intervene must file a Petition to Intervene with the Georgia Public Service Commission within thirty (30) days of the first publication of this notice.
An original and fifteen (15) copies of any pre-filed testimony of statements by interveners along with a 3 1/2 inch diskette or CD ROM containing an electronic version of this filing in Microsoft Word for text documents or Excel for spread sheets must be filed with the Georgia Public Service Commission’s Executive Secretary by 4:00 p.m. on August 26, 2010 in accordance with the Procedural and Scheduling Order issued in this docket. Any expert testimony or testimony of a technical nature must by pre-filed. Parties of record must also file with one another copies of any pre-filed testimony. Hearings on intervenor testimony will be heard beginning September 20, 2010.
If you have a disability and will need assistance or accommodations to participate, or need further information, please contact the Executive Secretary’s Office, Georgia Public Service Commission at (404) 656-4501 or 1-800-282-5813 (inside Georgia only) at least one day prior to the hearing in this matter.
This notice is published at the direction of the Georgia Public Service Commission.
David C. Weaver
Director, Regulatory Affairs
Atlanta Gas Light Company
(AU4B/746-40)
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Notice
of Change of Corporate Name
Notice is given that Articles of Amendment which will change the name of PURELY NUMBERS, INC. to GROUT DAWG, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 1237 S. Elm Street, Suite B, Commerce, Georgia 30529.
(JU28,AU4P2)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., 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 me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, 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 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Name Change
Notice of Petition
to Change Name
In the Superior Court of Jackson County
State of Georgia
Civil Action File No: M10CV1044
In Re: Trevor Eggleston and Skylah-Brooke Eggleston, Minor children
Georgia, Jackson County
Notice is hereby given that ANGELA MAHAN, the undersigned, filed this Petition to the Superior Court of JACKSON County, Georgia, on the 30th day of June, 2010, praying for a change in the name of minor children from TREVOR EGGLESTON to TREVOR MAHAN and from SKYLAH-BROOKE EGGLESTON to SKYLAH-BROOKE MAHAN. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 30th day of June, 2010.
By: Angela Mahan
Petitioner, Angela Mahan (Natural Mother)
(JU14,21,28,AU4P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Legal Notice
THE ATLANTA GAS LIGHT COMPANY has filed with the Georgia Public Service Commission a 2010-2013 Capacity Supply Plan. Copies of this filing are on file with the Georgia Public Service Commission. This matter has been assigned Docket No. 31491 and has been scheduled for public hearing before the Georgia Public Service Commission beginning September 20, 2010, at 10 a.m. in Room 110 of the Georgia Public Service Commission offices located at 244 Washington Street, SW, Atlanta, Georgia 30334. Any one interested in this matter will be given the opportunity to express his or her view pursuant to O.C.G.A. Section 46-2-59.
In accordance with O.C.G.A. Section 46-2-59(c), persons wishing to intervene must file a Petition to Intervene with the Georgia Public Service Commission within thirty (30) days of the first publication of this notice.
An original and fifteen (15) copies of any pre-filed testimony of statements by interveners along with a 3 1/2 inch diskette or CD ROM containing an electronic version of this filing in Microsoft Word for text documents or Excel for spread sheets must be filed with the Georgia Public Service Commission’s Executive Secretary by 4:00 p.m. on August 26, 2010 in accordance with the Procedural and Scheduling Order issued in this docket. Any expert testimony or testimony of a technical nature must by pre-filed. Parties of record must also file with one another copies of any pre-filed testimony. Hearings on intervenor testimony will be heard beginning September 20, 2010.
If you have a disability and will need assistance or accommodations to participate, or need further information, please contact the Executive Secretary’s Office, Georgia Public Service Commission at (404) 656-4501 or 1-800-282-5813 (inside Georgia only) at least one day prior to the hearing in this matter.
This notice is published at the direction of the Georgia Public Service Commission.
David C. Weaver
Director, Regulatory Affairs
Atlanta Gas Light Company
(AU4B/746-40)
gpn06
Notice
of Change of Corporate Name
Notice is given that Articles of Amendment which will change the name of PURELY NUMBERS, INC. to GROUT DAWG, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 1237 S. Elm Street, Suite B, Commerce, Georgia 30529.
(JU28,AU4P2)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., 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 me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
gpn07
Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, 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 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
gpn15
Name Change
Notice of Petition
to Change Name
In the Superior Court of Jackson County
State of Georgia
Civil Action File No: M10CV1044
In Re: Trevor Eggleston and Skylah-Brooke Eggleston, Minor children
Georgia, Jackson County
Notice is hereby given that ANGELA MAHAN, the undersigned, filed this Petition to the Superior Court of JACKSON County, Georgia, on the 30th day of June, 2010, praying for a change in the name of minor children from TREVOR EGGLESTON to TREVOR MAHAN and from SKYLAH-BROOKE EGGLESTON to SKYLAH-BROOKE MAHAN. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 30th day of June, 2010.
By: Angela Mahan
Petitioner, Angela Mahan (Natural Mother)
(JU14,21,28,AU4P4)
gpn18
Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Banks County Public Records 07-28-10
Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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 G, Pages 79-83, 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
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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 JANET TURNER BROWN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 10, 2004, recorded in Deed Book 233, Page 192, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWELVE THOUSAND AND 0/100 DOLLARS ($112,000.00), 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 August, 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 Janet Turner Brown or a tenant or tenants and said property is more commonly known as 226 Parson Circle, 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 Janet Turner Brown McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 8/3/10
Our file no. 51920910-FT2
EXHIBIT “A”
All that tract or parcel of land containing 2.04 acres, more or less, in the 265th GMD of Banks County, Georgia and bounded now or formerly as follows: North by Georgia Hwy. 51; East by land of Joseph S. Porter; South by Parson Circle; and West by lands of Parson. Said tract of land being more Particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on August 14, 2001, for Janet Turner, Which plat is recorded in Plat Book 26, Page 69 of the Public Records of Banks County, and is by reference incorporated herein as part of this description. Subject to any and all easements, rights of ways, restrictive covenants and public utilities of record. This being the same property as conveyed from Anthony Purcell and Tammy C. Purcell to Janet Turner by virtue of Warranty Deed dated September 14, 2001 and recorded in Deed Book 178, Page 860, Banks County, Georgia Deed Records. MR/nh5 8/3/10 Our file no. 51920910 - FT2
(JU7,14,21,28B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 August, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/smw 8/3/10
Our file no. 1346907-FT19
(JN7,14,21,28B/19698-60T1P)
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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 RAY B. PEACOCK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 11, 2003, recorded in Deed Book 221, Page 847, 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 348, Page 278, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVEN THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($107,200.00), 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 August, 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 Ray B. Peacock or a tenant or tenants and said property is more commonly known as 161 Summit St., 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Ray B. Peacock
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 8/3/10
Our file no. 52750609-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.44 acres, more or less, according to plat of survey dated June 24, 1991, revised December 3, 1991, and recorded among Banks County, Georgia records in Plat Book 16 at Page 207 of the Banks Co. deed records. Reference to said plat and the description thereon is herein incorporated by reference thereto. This property is subject to all rights of way; easements; backs; covenants; and any and all restrictions of record, if any. MR/tlj 8/3/10 Our file no. 52750609 - FT14
(JU7,14,21,28B/19698-70T1P)
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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 RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment, securing a Note in the original principal amount of $611,000.00, 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, August 3, 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 GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description. Being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, 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 Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, 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.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-60T1P)
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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 JEFF K. WALKER and WENDY M. WALKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 13, 2007, in the amount of $90,000.00, and recorded in Deed Book 301, Page 408, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 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:
The following described property:
All that tract or parcel of land lying and being in the 1206th GMD, Banks County, Georgia, containing 7.46 acres according to a Plat of Survey for Francis E. Williams and Gary Crown and being more particularly described and delineated as follows:
To find the POINT OF BEGINNING commence at an IRP on the Northern Right-of-Way of E-Coker Road Extension (60-foot Right-of-Way), said point being South 70 degrees 32 seconds West 20058.6 feet from the center line intersection of Coker Road (County paved Road #303) and Georgia Highway 63 (formerly Martin Bridge Road), from said point proceed along the Northern Right-of-Way of E-Coker Road Extension a distance of 1,693.76 feet to an IPS, being the true POINT OF BEGINNING, thence continuing along said Right-of-Way North 78 degrees 00 minutes 45 seconds West 74.47 feet, North 80 degrees 31 minutes 00 seconds West 03.05 feet, North 85 degrees 45 minutes 40 seconds West 93.47 feet, North 87 degrees 33 minutes 40 seconds West 93.48 feet to a point, thence leaving said Right-of-Way proceed North 09 degrees 32 minutes 50 seconds East 6241.58 feet to a point, thence North 57 degrees 04 minutes 50 seconds East 204.70 feet to a point, thence South 58 degrees 31 minutes 55 seconds West 460 feet to an 1-1/2 inch IPF, thence South 29 degrees 26 minutes 40 seconds West 611.48 feet to an IPS on the Northern Right-of-Way of E-Coker Road Extension and being the POINT OF BEGINNING.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
Address: 388 E. Coker Rd., Homer, GA 30547 Tax Map or Parcel ID No.: B75-015G
which has the property address of 388 E. Coker Rd., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jeff K. Walker and Wendy M. Walker and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Jeff K. Walker and Wendy M. Walker
Anthony DeMarlo, Attorney/apatterson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12102 /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.
(JU7,14,21,28B/1325-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Georgia
Under and by virtue of the power of sale contained in a Security Deed from JASON S. FORRESTER and APRIL L. FORRESTER to UNITED COMMUNITY BANK, dated April 13, 2006, recorded April 19, 2006, in Deed Book 279, Page 712, Banks County, Georgia records, said Security Deed being given to secure a Note from JASON S. FORRESTER and APRIL L. FORRESTER of even date in the original principal amount of Forty Nine Thousand Four Hundred Sixty Two and 50/10 ($49,462.50) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M. of Banks County, Georgia and being shown and designated as Tract 6 of Nature’s Walk Subdivision, containing 2.880 acres, more or less, as shown on plat of survey prepared for Nature’s Walk by Ingram, Lord & Associates, certified by Barry D. Lord, G.R.L.S., dated August 24, 2004, recorded in Plat Book 28, Page 188, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being incorporated herein by reference for a more full and complete description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JASON S. FORRESTER and APRIL L. FORRESTER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JASON S. FORRESTER and APRIL L. FORRESTER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02237
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU7,14,21,28B/16022-50T1P)
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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 FLORENE BLACK AKA ELISE M. BLACK to CITIFINANCIAL SERVICES, INC., dated February 24, 2004, recorded in Deed Book 232, Page 19, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY-FIVE THOUSAND FOUR HUNDRED NINETY AND 95/100 DOLLARS ($35,490.95), 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 August, 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 Florene Black AKA Elise M. Black or a tenant or tenants and said property is more commonly known as 304 Poole Road, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America,
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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 G, Pages 79-83, 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
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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 JANET TURNER BROWN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 10, 2004, recorded in Deed Book 233, Page 192, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWELVE THOUSAND AND 0/100 DOLLARS ($112,000.00), 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 August, 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 Janet Turner Brown or a tenant or tenants and said property is more commonly known as 226 Parson Circle, 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 Janet Turner Brown McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 8/3/10
Our file no. 51920910-FT2
EXHIBIT “A”
All that tract or parcel of land containing 2.04 acres, more or less, in the 265th GMD of Banks County, Georgia and bounded now or formerly as follows: North by Georgia Hwy. 51; East by land of Joseph S. Porter; South by Parson Circle; and West by lands of Parson. Said tract of land being more Particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on August 14, 2001, for Janet Turner, Which plat is recorded in Plat Book 26, Page 69 of the Public Records of Banks County, and is by reference incorporated herein as part of this description. Subject to any and all easements, rights of ways, restrictive covenants and public utilities of record. This being the same property as conveyed from Anthony Purcell and Tammy C. Purcell to Janet Turner by virtue of Warranty Deed dated September 14, 2001 and recorded in Deed Book 178, Page 860, Banks County, Georgia Deed Records. MR/nh5 8/3/10 Our file no. 51920910 - FT2
(JU7,14,21,28B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 August, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/smw 8/3/10
Our file no. 1346907-FT19
(JN7,14,21,28B/19698-60T1P)
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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 RAY B. PEACOCK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 11, 2003, recorded in Deed Book 221, Page 847, 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 348, Page 278, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVEN THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($107,200.00), 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 August, 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 Ray B. Peacock or a tenant or tenants and said property is more commonly known as 161 Summit St., 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Ray B. Peacock
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 8/3/10
Our file no. 52750609-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.44 acres, more or less, according to plat of survey dated June 24, 1991, revised December 3, 1991, and recorded among Banks County, Georgia records in Plat Book 16 at Page 207 of the Banks Co. deed records. Reference to said plat and the description thereon is herein incorporated by reference thereto. This property is subject to all rights of way; easements; backs; covenants; and any and all restrictions of record, if any. MR/tlj 8/3/10 Our file no. 52750609 - FT14
(JU7,14,21,28B/19698-70T1P)
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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 RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment, securing a Note in the original principal amount of $611,000.00, 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, August 3, 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 GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description. Being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, 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 Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, 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.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-60T1P)
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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 JEFF K. WALKER and WENDY M. WALKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 13, 2007, in the amount of $90,000.00, and recorded in Deed Book 301, Page 408, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 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:
The following described property:
All that tract or parcel of land lying and being in the 1206th GMD, Banks County, Georgia, containing 7.46 acres according to a Plat of Survey for Francis E. Williams and Gary Crown and being more particularly described and delineated as follows:
To find the POINT OF BEGINNING commence at an IRP on the Northern Right-of-Way of E-Coker Road Extension (60-foot Right-of-Way), said point being South 70 degrees 32 seconds West 20058.6 feet from the center line intersection of Coker Road (County paved Road #303) and Georgia Highway 63 (formerly Martin Bridge Road), from said point proceed along the Northern Right-of-Way of E-Coker Road Extension a distance of 1,693.76 feet to an IPS, being the true POINT OF BEGINNING, thence continuing along said Right-of-Way North 78 degrees 00 minutes 45 seconds West 74.47 feet, North 80 degrees 31 minutes 00 seconds West 03.05 feet, North 85 degrees 45 minutes 40 seconds West 93.47 feet, North 87 degrees 33 minutes 40 seconds West 93.48 feet to a point, thence leaving said Right-of-Way proceed North 09 degrees 32 minutes 50 seconds East 6241.58 feet to a point, thence North 57 degrees 04 minutes 50 seconds East 204.70 feet to a point, thence South 58 degrees 31 minutes 55 seconds West 460 feet to an 1-1/2 inch IPF, thence South 29 degrees 26 minutes 40 seconds West 611.48 feet to an IPS on the Northern Right-of-Way of E-Coker Road Extension and being the POINT OF BEGINNING.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
Address: 388 E. Coker Rd., Homer, GA 30547 Tax Map or Parcel ID No.: B75-015G
which has the property address of 388 E. Coker Rd., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jeff K. Walker and Wendy M. Walker and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Jeff K. Walker and Wendy M. Walker
Anthony DeMarlo, Attorney/apatterson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12102 /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.
(JU7,14,21,28B/1325-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Georgia
Under and by virtue of the power of sale contained in a Security Deed from JASON S. FORRESTER and APRIL L. FORRESTER to UNITED COMMUNITY BANK, dated April 13, 2006, recorded April 19, 2006, in Deed Book 279, Page 712, Banks County, Georgia records, said Security Deed being given to secure a Note from JASON S. FORRESTER and APRIL L. FORRESTER of even date in the original principal amount of Forty Nine Thousand Four Hundred Sixty Two and 50/10 ($49,462.50) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M. of Banks County, Georgia and being shown and designated as Tract 6 of Nature’s Walk Subdivision, containing 2.880 acres, more or less, as shown on plat of survey prepared for Nature’s Walk by Ingram, Lord & Associates, certified by Barry D. Lord, G.R.L.S., dated August 24, 2004, recorded in Plat Book 28, Page 188, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being incorporated herein by reference for a more full and complete description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JASON S. FORRESTER and APRIL L. FORRESTER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JASON S. FORRESTER and APRIL L. FORRESTER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02237
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU7,14,21,28B/16022-50T1P)
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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 FLORENE BLACK AKA ELISE M. BLACK to CITIFINANCIAL SERVICES, INC., dated February 24, 2004, recorded in Deed Book 232, Page 19, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY-FIVE THOUSAND FOUR HUNDRED NINETY AND 95/100 DOLLARS ($35,490.95), 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 August, 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 Florene Black AKA Elise M. Black or a tenant or tenants and said property is more commonly known as 304 Poole Road, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America,
Banks County Public Records 07-21-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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 G, Pages 79-83, 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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 G, Pages 79-83, 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
[Full Story »]
Banks County Public Records 07-14-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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, Pages 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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, Pages 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
[Full Story »]
Banks County Public Records 07-07-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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, Pages 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
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 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.
Tract Two:
All that tract or parcel of land lying and being in the 1210th 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 David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 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.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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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 EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, 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 in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
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.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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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 JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, 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 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), 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 August, 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, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, 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. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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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 RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
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 Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
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. 10-04764
(JU7,14,21,28B/224-50)
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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 JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., 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 August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
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:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
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. 10-04415
(JU7,14,21,28B/224-60)
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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 L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 August, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. 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.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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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, August 3, 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 Subdivision, 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, Pages 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
(JU7,14,21,28P4)
gpn11
Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, 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, August 3, 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 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, 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.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, 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 Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
gpn11
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 ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, 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 August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn 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 Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
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
(JU7,14,21,28P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
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