Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed To Secure Debt executed and delivered by EUGENE AND FRANCES DAVIS, to EUGENE MONTGOMERY dated August 19, 2006, and recorded in Deed Book 292, Page 186, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $23,450.00, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS, as provided in said Deed To Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in May, to-wit: May 5, 2009:
All that tract or parcel of land, lying and being in the 207th G.M., District, of Banks County, Georgia and being designated as Tract #48-A containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated January 11, 1996, prepared by G. Brian Slate, Registered Surveyor, and being recorded in Plat Book 20, Page 119, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Said tract of land is bounded on the northwest by Tract #48-B; on the northeast by Sims Bridge Road; on the south by Tract #46 and east by Tract #47-C.
Restrictions: No commercial, hog, nor poultry raising and no junk yards.
THE PROPERTY ADDRESS IS 1646 SIMS BRIDGE ROAD, COMMERCE, GA 30530.
The debt secured by said Deed To Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of EUGENE AND FRANCES DAVIS, by the undersigned, as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor and Guarantor. The individual on behalf of the creditor who has full authority to negotiate, amend, and modify all terms of the debt with the debtor is:
Eugene Montgomery
1051 Chandler Cemetery Road
Maysville, GA 30558
To the best knowledge, information, and belief of EUGENE MONTGOMERY, the premises are unoccupied.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 2nd day of April, 2009.
EUGENE MONTGOMERY, As Attorney in Fact for EUGENE AND FRANCES DAVIS
JEFFREY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained a Security Deed given by CHARLES E. DAVENPORT and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 13, Page 81, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), 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 May, 2009, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, 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 Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(AP8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for OCWEN LOAN SERVICING, LLC, dated June 12, 2006, recorded July 31, 2006, in Deed Book 286, Pages 66-78, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED FORTY-ONE THOUSAND AND 00/100 DOLLARS ($141,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans Servicing, LP, 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 May, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, containing 5.63 acres, more or less, as per plat of survey recorded in Plat Book 17, Page 197, Banks County Records, which plat is hereby referred to and made a part of this description.
Being the same property conveyed to Henry M. Wilhelm, III, and Linda G. Wilhelm, as joint tenants with survivorship and not as tenants in common, by deed from Henry M. Wilhelm, III recorded 06/09/2004 in Deed Book 238, Page 681, in the office of the Clerk of the Superior Court of Banks County, Georgia.
TAX ID# B53 121
Said property is commonly known as 20563 Highway 441 S, Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Henry M. Wilhelm, III and Linda G. Wilhelm, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for HENRY M. WILHELM,III AND LINDA G. WILHELM
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Adorno & Yoss LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
ADORNO FILE NO. 215400.6950
WWW.ADORNO.COM/ATLDOCS/SALES.HTML
(AP8,15,22,29B/13997-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from FRED SCHLEGEL to UNITED COMMUNITY BANK, dated October 3, 2006, recorded October 10, 2006, in Deed Book 290, Page 114, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 6, 2008, recorded in Deed Book 321, Page 794, Banks County, Georgia records, said Security Deed being given to secure a Note from FRED SCHLEGEL dated February 6, 2008, in the original principal amount of SIX HUNDRED EIGHTY NINE THOUSAND FIVE HUNDRED THIRTY SEVEN AND 54/100 ($689,537.54) 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 209 of the 10th Land District, 1580th GMD of Banks County, Georgia and containing 0.52 acre, more or less, as shown on Plat of Survey prepared by Hubert Lovell, RLS, dated May 22, 1990 and said plat being recorded among Banks County, Georgia Records in Plat Book 16, Page 122, reference to said plat is being made for a more full and complete description.
BEGINNING at a right of way concrete monument on the Southwesterly right of way of U.S. Highway 441, which concrete monument is situated South 34 degrees 02 minutes East 159.50 feet from a point where the Four Mile Purchase Line intersects said Southwesterly right of way of U.S. Highway 441; thence along said right of way of U.S. Highway 441, the following courses and distances: South 37 degrees 26 minutes East 43.70 feet, South 38 degrees 14 minutes East 33.26 feet, South 41 degrees 17 minutes East 32.88 feet, South 43 degrees 52 minutes East 33.57 feet, South 48 degrees 00 minutes East 46.76 feet and South 53 degrees 12 minutes East 30.12 feet to a corner on said Southwesterly right of way of U.S. Highway 441; thence South 32 degrees 55 minutes West 32.41 feet; thence South 50 degrees 44 minutes West 21.02 feet to a point in center of a “Proposed Road”; thence along center of said “Proposed Road” the following courses and distances: South 62 degrees 58 minutes West 43.70 feet, and South 74 degrees 16 minutes West 111.99 feet to a concrete monument corner, which corner is located North 69 degrees 30 minutes East 2042 feet from the comer common to Land Lots 203, 204, 209 and 210 of said 10th Land District of Banks County, Georgia; thence North 06 degrees 46 minutes East 251.57 feet to a right of way concrete monument on the Southwesterly side of U.S. Highway 441, the Point of Beginning.
ALSO: All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, containing 3.32 acres, all as more fully shown on Plat of Survey prepared by Hubert Lovell, RLS, dated February 17, 1984 and said plat being recorded among Banks County, Georgia Records in Plat Book 10, Page 43, reference to said plat is being made for a more full and complete description.
All buildings, structures and improvements of every nature whatsoever now or hereafter situates on the premises, located as 6761 Hwy 441, Baldwin, Georgia, and all fixtures, machinery, furniture, equipment and appliances located upon and used in connection with the operation of the improvements, whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
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 FRED SCHLEGEL or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FRED SCHLEGEL
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01022
(AP8,15,22,29B/16022-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SHERYL L. JOHNSON and JERRY LEE JOHNSON to LENDERS ASSOCIATES CORPORATION, dated August 28, 1996, recorded in Deed Book 109, Page 176, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-THREE THOUSAND FOUR HUNDRED FIFTY AND 0/100 DOLLARS ($53,450.00), 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia being described as Lot 13 of River Run Estates, Unit 1, as per plat recorded in plat book 13, page 99, Banks County, Georgia which plat is incorporated herein by reference.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Sheryl L. Johnson and Jerry Lee Johnson or a tenant or tenants and said property is more commonly known as Lot 13 Loggins Lane, Commerce, GA 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.
Chase Home Finance, LLC as Attorney in Fact for Sheryl L. Johnson and Jerry Lee Johnson
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/mt1 5/5/09
Our file no. 11739208-FT3
(AP8,15,22,29B/12062-60T1P)
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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 a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
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 LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP8,15,22,28B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GARRY SCOTT MOORE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR BNC MORTGAGE, INC., A DELWARE CORPORATION , dated 05/23/2007, and Recorded on 06/15/2007, as Book No. 307 and Page Nos. 281-299, BANKS County, Georgia Records, as last assigned to WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $278,400.00, 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 May, 2009, the following described property: LOT 10
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 465, of Banks County, Georgia, containing 12.6 acres, more or less, and being identified as Lot 10 of Mountain Creek Subdivision, as shown on that plat of survey recorded in Plat Book 13, Page 116, of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more complete description of the property.
Property known as 292 Mountain Creek Drive, Maysville, GA 30558, per the current method of numbering houses in Banks County, Georgia.
TRACT II (PART OF LOT II)
All that tract or parcel of land together with all improvements thereon, situate lying and being in Banks County, Georgia, consisting of 1.20 acres more or less as evidenced in recorded plat in Banks County, Georgia, plat being recorded in Book 26, Page 104, and dated 12/04/2001.
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, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, 10790 RANCHO BERNARDO ROAD, Foreclosure, SAN DIEGO, CA 92127, 877-838-1882. 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 292 MOUNTAIN CREEK DR., MAYSVILLE, GEORGIA 30558, is/are: GARRY SCOTT MOORE 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.
WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4 as Attorney in Fact for GARRY SCOTT MOORE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090161900144 BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(AP8,15,22,29P4)
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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 MICHAEL S. HUDSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 10, 2005, recorded in Deed Book 271, Page 175, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND AND 0/100 DOLLARS ($115,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Michael S. Hudson or a tenant or tenants and said property is more commonly known as 375 Georgia Highway 326, 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.
The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A as Attorney in Fact for Michael S. Hudson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mg2 5/5/09
Our file no. 5652909-FT12
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 4.84 acres, more or less, as shown on Plat and survey of Max Lewallen, surveyor, dated January 12, 1990, and recorded in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book 15 Page 99. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
Property Address: 375 GA Highway 326, Commerce, GA 30530
Tax Parcel ID: B68 012
(AP8,15,22,29B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL DOUGLAS O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., 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.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(AP8,15,22,29B/12062-60T1P)
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 DEREK D. MILLWOOD and SHERRY E. MILLWOOD to Mortgage Electronic Registration Systems, Inc., dated February 27, 2007, recorded in Deed Book 301, Page 122, Banks County, Georgia Records, as last transferred to Branch Banking & Trust Company 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 FIFTY-TWO THOUSAND AND 0/100 DOLLARS ($252,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 880-827-3722. 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 Derek Dwight Millwood and Sherry Elaine Westmoreland Millwood or a tenant or tenants and said property is more commonly known as 339 Payne Rd., 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.
Branch Banking & Trust Company as Attorney in Fact for Derek D. Millwood and Sherry E. Millwood
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 5651809-FT7
EXHIBIT A
All that tract or parcel of land together with all improvements thereon lying and being in the Washington Georgia Militia District No 284 of Banks County, Georgia, containing 15 0 acres, more or less, as shown on plat of survey by Max Jackson Lewallen, GRLS 2067, dated December 21, 2006 recorded in Plat Book 30, Page 182, in the office of the Clerk of Superior court of Banks County, Georgia, which said plat is incorporated herein by reference and made a part of this description.
Subject to all easements, restrictions, reservation and rights-of-way of record, if any
(AP8,15,22,29B/12062-60T1P)
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 MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 5/5/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(AP8,15,22,29B/12062-60T1P)
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 CHARLES E. BROWN, JR. and DEBRA W. BROWN to WELLS FARGO BANK, NA, dated August 31, 2006, recorded in Deed Book 288, Page 278, Banks County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006-15 by assignment recorded in Deed Book 330, Page 732, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIVE HUNDRED THIRTY-ONE THOUSAND AND 0/100 DOLLARS ($531,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Charles E. Brown, Jr. and Debra W. Brown or a tenant or tenants and said property is more commonly known as 316 Riverwood Lake Road, 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006-15 as Attorney in Fact for Charles E. Brown, Jr. and Debra W. Brown
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 5/5/09
Our file no. 51832908-FT5
EXHIBIT A
All that lot, tract, or parcel of land, together with improvements thereon, lying and being in GMD 912 of Banks County, Georgia, containing 10.003 acres on Moccasin Gap Road as shown on that plat for Chuck and Debra Brown, dated July 4, 2006, by Bruce A. Codina, Georgia Registered Land Surveyor, and which property is more particularly described according to said plat as follows:
To locate the point of beginning, locate a iron pin set on the northern right-of-way of Moccasin Gap Road (80 foot right-of-way) with said iron pin being located 1222.11 feet from the centerline of Riverwood Lake Road as measured along the northern right-of-way of Moccasin Gap Road in a southeasterly direction from said intersection; from said point of beginning, thence departing the right-of-way along other property of Brown north 40 degrees 21 minutes 51 seconds east 638.38 feet to a point; thence along property now or formerly of Drouault north 63 degrees 57 minutes 44 seconds east 626.34 feet to a point in the centerline of Riverwood Lake Road (40 foot road easement in which the centerline of the road is the property line) thence along the centerline of Riverwood Lake Road south 32 degrees 07 minutes 47 seconds east 372.08 feet to a point; thence departing the right-of-way along property now or formerly of Booch south 65 degrees 06 minutes 08 seconds west 595.23 feet to an iron pin; thence south 32 degrees 05 minutes 28 seconds east 57.89 feet to a point; thence south 51 degrees 13 minutes 38 seconds west 538.57 feet along property now or formerly of Giles to an iron pin found on the northern right-of-way of Moccasin Gap Road; thence along the right-of-way north 52 degrees 08 minutes 17 seconds west 298.48 feet to a point; thence north 51 degrees 36 minutes 12 seconds west 12.0 feet to an iron pin and the true point of beginning.
This is a portion of the property conveyed to Charles E. Brown, Jr., and Debra W. Brown by that warranty deed dated June 4, 2004, recorded in Deed Book 238, Pages 718-719, of the Banks County, Georgia deed records. Said property is conveyed subject to all easements, covenants and restrictions of record.
(AP8,15,22,29B/12062-90T1P)
[Full Story »]
Entries by Betty Small
Banks County Public Records 04-08-09 pt 2
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 DENISE C. GRAHAM and NINA ELAINE JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 26, 2007, in the amount of $108,497.00, and recorded in Deed Book 308, Page 125, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, 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 May, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912 in Banks County, Georgia, and being lot 1 (containing 2.00 acres) on Moccasin Gap Road as shown on that subdivision plat recorded in Plat Book 31, Page 31 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. ALSO CONVEYED is a 1998 Fleetwood 58X48 Spring Hill manufactured home with serial number GAFLW34ABCD27737SH12 which is permanently affixed to the above realty and considered a part thereof.
Said property is conveyed together with and subject to all easements, covenants, and restrictions of record, if any.
which has the property address of 325 Moccasin Gap Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Denise C. Graham and Nina Elaine Jackson 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.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Denise C. Graham and Nina Elaine Jackson
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-06965 /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.
(AP8,15,22,29B/1325-50)
gpn15
Name Change
To Whom It May Concern:
Please be advised that on March 26, 2009, RICHARD JAMES RUBIO filed a petition in the Superior Court of Banks County, Georgia, for the purpose of changing his name to RUDI PRINCIPE RUDIO. All interested and affected persons having objections thereto are notified to appear before the Superior Court of Banks County, Judge Currie Mingledorff presiding, on the 13th day of May, 2009, at 9:00 o’clock A.M. then and there to show cause, if any they have, why the petition for name change should not be granted.
Richard James Rudio
(AP8,15,22,29P4)
Gpn07
Eterno Estate
Notice to Debtors
and Creditors
All creditors of the Estate of VINCENT ETERNO, 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 30 day of March, 2009.
Barbara Eterno
Administrator
186 Eterno Lane
Homer, GA 30547
(AP8,15,22,29P4)
Gpn07
Brown Estate
Notice to Debtors
and Creditors
All creditors of the Estate of REBA LOIS MANGUM BROWN, 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 30 day of March, 2009.
Bobbie Brown Dalton
Executor/Administrator
3342 Old Hwy. 441 N
Alto, GA 30510
(AP8,15,22,29P4)
Gpn18
Baker Estate
Georgia, Banks County
Probate Court
Notice
KENNETH JAMES BAKER has petitioned to be appointed Administrator of the estate of GLENN STEPHEN BAKER, 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 April 28, 2009. 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
(AP1,8,15,22P4)
Gpn07
Irvin Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of JOHN FRANKLIN IRVIN, 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 20th day of March, 2009.
By: Winslow H. Verdery, Jr.
Attorney for Executors of John Franklin Irvin, Deceased, Billie A. Herrin and Jo Beth Lawson
Winslow H. Verdery Jr., LLC
Attorney at Law
State Bar Number 727050
Post Office Box 1556
Cornelia, Georgia 30531
(706) 778-1800
(AP1,8,15,22P4)
Gpn10
Legal Notice
In the Juvenile Court of Banks County
State of Georgia
Case No. 006-09J-009
In the Interest of: MIRIAM STOVER
DOB: 5-22-96
Sex: Female
A Child Under the Age of Eighteen
Notice of Deprivation
Hearing
TO: INIGIE FEGRO, father of the above-named child
By Order for Service by Publication dated the 9 day of March, 2009, you are hereby notified that on February 6, 2009, the Banks County Department of Family and Children Services, Georgia Department of Human Resources, filed a Petition for Temporary Custody against you as to the above-named child alleging the child is deprived. You are required to file with the Clerk of Juvenile Court, and to serve upon Special Assistant Attorney General Jeffrey K. Williams, an answer in writing within sixty (60) days of the date of the Order for Service by Publication.
This Court will conduct a provisional hearing upon the allegations of the Petition and enter an interlocutory order of disposition pursuant to O.C.G.A. § 15-11-39.2 on the 13 day of April, 2009, at 9:00 a.m., at the Jackson County Courthouse, Jefferson, Georgia. Parties to this action are required to appear and answer the allegations of this Petition at the provisional hearing. The findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless you appear at the final hearing. The child shall appear personally before this Court at the provisional hearing.
This Court will conduct a final hearing upon the allegations of the Petition and enter an order of disposition on the 8 day of June, 2009, at 9:00 a.m., at the Jackson County Courthouse, Jefferson, Georgia.
The child or children and other parties involved may be represented by a lawyer at all stages of these proceedings. If you want a lawyer, you may choose and hire your own lawyer. If you want to hire a lawyer, please contact your lawyer immediately. If you want a lawyer but are not able to hire a lawyer without undue financial hardship, you may ask for a lawyer to be appointed to represent you. The Court would inquire into your financial circumstances and if the Court finds you to be financially unable to hire a lawyer, then a lawyer will be appointed to represent you. If you want a lawyer appointed to represent you, you must let the Court or the officer of this Court handling this case know that you want a lawyer immediately.
WITNESS, the Honorable Kevin J. Guidry, Judge of said Court, this the 9 day of March, 2009.
By: Elizabeth Gardiner__
Clerk
Banks County Juvenile Court
Banks County Courthouse
Homer, Georgia
(MA25,AP1,8,15P4)
Gpn18
Campbell
Estate
Georgia, Banks County Probate Court
Notice
GERALYN DARIA CAMPBELL AND SHAWN ANNE KNIGHT have petitioned to be appointed Administrators of the estate of RUTH A. CAMPBELL, 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 April 17, 2009. 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
(MA25,AP1,8,15P4)
Gpn07
Broome Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROY EDWIN BROOME, 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 March, 2009.
Mary C. Broome
Executor/Administrator
1452 Historic Homer Hwy.
Homer, GA 30547
(MA18,25,AP1,8/P4)
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DENISE C. GRAHAM and NINA ELAINE JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 26, 2007, in the amount of $108,497.00, and recorded in Deed Book 308, Page 125, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, 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 May, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912 in Banks County, Georgia, and being lot 1 (containing 2.00 acres) on Moccasin Gap Road as shown on that subdivision plat recorded in Plat Book 31, Page 31 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. ALSO CONVEYED is a 1998 Fleetwood 58X48 Spring Hill manufactured home with serial number GAFLW34ABCD27737SH12 which is permanently affixed to the above realty and considered a part thereof.
Said property is conveyed together with and subject to all easements, covenants, and restrictions of record, if any.
which has the property address of 325 Moccasin Gap Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Denise C. Graham and Nina Elaine Jackson 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.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Denise C. Graham and Nina Elaine Jackson
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-06965 /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.
(AP8,15,22,29B/1325-50)
gpn15
Name Change
To Whom It May Concern:
Please be advised that on March 26, 2009, RICHARD JAMES RUBIO filed a petition in the Superior Court of Banks County, Georgia, for the purpose of changing his name to RUDI PRINCIPE RUDIO. All interested and affected persons having objections thereto are notified to appear before the Superior Court of Banks County, Judge Currie Mingledorff presiding, on the 13th day of May, 2009, at 9:00 o’clock A.M. then and there to show cause, if any they have, why the petition for name change should not be granted.
Richard James Rudio
(AP8,15,22,29P4)
Gpn07
Eterno Estate
Notice to Debtors
and Creditors
All creditors of the Estate of VINCENT ETERNO, 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 30 day of March, 2009.
Barbara Eterno
Administrator
186 Eterno Lane
Homer, GA 30547
(AP8,15,22,29P4)
Gpn07
Brown Estate
Notice to Debtors
and Creditors
All creditors of the Estate of REBA LOIS MANGUM BROWN, 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 30 day of March, 2009.
Bobbie Brown Dalton
Executor/Administrator
3342 Old Hwy. 441 N
Alto, GA 30510
(AP8,15,22,29P4)
Gpn18
Baker Estate
Georgia, Banks County
Probate Court
Notice
KENNETH JAMES BAKER has petitioned to be appointed Administrator of the estate of GLENN STEPHEN BAKER, 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 April 28, 2009. 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
(AP1,8,15,22P4)
Gpn07
Irvin Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of JOHN FRANKLIN IRVIN, 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 20th day of March, 2009.
By: Winslow H. Verdery, Jr.
Attorney for Executors of John Franklin Irvin, Deceased, Billie A. Herrin and Jo Beth Lawson
Winslow H. Verdery Jr., LLC
Attorney at Law
State Bar Number 727050
Post Office Box 1556
Cornelia, Georgia 30531
(706) 778-1800
(AP1,8,15,22P4)
Gpn10
Legal Notice
In the Juvenile Court of Banks County
State of Georgia
Case No. 006-09J-009
In the Interest of: MIRIAM STOVER
DOB: 5-22-96
Sex: Female
A Child Under the Age of Eighteen
Notice of Deprivation
Hearing
TO: INIGIE FEGRO, father of the above-named child
By Order for Service by Publication dated the 9 day of March, 2009, you are hereby notified that on February 6, 2009, the Banks County Department of Family and Children Services, Georgia Department of Human Resources, filed a Petition for Temporary Custody against you as to the above-named child alleging the child is deprived. You are required to file with the Clerk of Juvenile Court, and to serve upon Special Assistant Attorney General Jeffrey K. Williams, an answer in writing within sixty (60) days of the date of the Order for Service by Publication.
This Court will conduct a provisional hearing upon the allegations of the Petition and enter an interlocutory order of disposition pursuant to O.C.G.A. § 15-11-39.2 on the 13 day of April, 2009, at 9:00 a.m., at the Jackson County Courthouse, Jefferson, Georgia. Parties to this action are required to appear and answer the allegations of this Petition at the provisional hearing. The findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless you appear at the final hearing. The child shall appear personally before this Court at the provisional hearing.
This Court will conduct a final hearing upon the allegations of the Petition and enter an order of disposition on the 8 day of June, 2009, at 9:00 a.m., at the Jackson County Courthouse, Jefferson, Georgia.
The child or children and other parties involved may be represented by a lawyer at all stages of these proceedings. If you want a lawyer, you may choose and hire your own lawyer. If you want to hire a lawyer, please contact your lawyer immediately. If you want a lawyer but are not able to hire a lawyer without undue financial hardship, you may ask for a lawyer to be appointed to represent you. The Court would inquire into your financial circumstances and if the Court finds you to be financially unable to hire a lawyer, then a lawyer will be appointed to represent you. If you want a lawyer appointed to represent you, you must let the Court or the officer of this Court handling this case know that you want a lawyer immediately.
WITNESS, the Honorable Kevin J. Guidry, Judge of said Court, this the 9 day of March, 2009.
By: Elizabeth Gardiner__
Clerk
Banks County Juvenile Court
Banks County Courthouse
Homer, Georgia
(MA25,AP1,8,15P4)
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Campbell
Estate
Georgia, Banks County Probate Court
Notice
GERALYN DARIA CAMPBELL AND SHAWN ANNE KNIGHT have petitioned to be appointed Administrators of the estate of RUTH A. CAMPBELL, 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 April 17, 2009. 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
(MA25,AP1,8,15P4)
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Broome Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROY EDWIN BROOME, 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 March, 2009.
Mary C. Broome
Executor/Administrator
1452 Historic Homer Hwy.
Homer, GA 30547
(MA18,25,AP1,8/P4)
Banks County Public Records 04-08-09 pt 1
Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed To Secure Debt executed and delivered by EUGENE AND FRANCES DAVIS, to EUGENE MONTGOMERY dated August 19, 2006, and recorded in Deed Book 292, Page 186, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $23,450.00, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS, as provided in said Deed To Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in May, to-wit: May 5, 2009:
All that tract or parcel of land, lying and being in the 207th G.M., District, of Banks County, Georgia and being designated as Tract #48-A containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated January 11, 1996, prepared by G. Brian Slate, Registered Surveyor, and being recorded in Plat Book 20, Page 119, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Said tract of land is bounded on the northwest by Tract #48-B; on the northeast by Sims Bridge Road; on the south by Tract #46 and east by Tract #47-C.
Restrictions: No commercial, hog, nor poultry raising and no junk yards.
THE PROPERTY ADDRESS IS 1646 SIMS BRIDGE ROAD, COMMERCE, GA 30530.
The debt secured by said Deed To Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of EUGENE AND FRANCES DAVIS, by the undersigned, as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor and Guarantor. The individual on behalf of the creditor who has full authority to negotiate, amend, and modify all terms of the debt with the debtor is:
Eugene Montgomery
1051 Chandler Cemetery Road
Maysville, GA 30558
To the best knowledge, information, and belief of EUGENE MONTGOMERY, the premises are unoccupied.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 2nd day of April, 2009.
EUGENE MONTGOMERY, As Attorney in Fact for EUGENE AND FRANCES DAVIS
JEFFREY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained a Security Deed given by CHARLES E. DAVENPORT and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 13, Page 81, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), 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 May, 2009, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, 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 Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(AP8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for OCWEN LOAN SERVICING, LLC, dated June 12, 2006, recorded July 31, 2006, in Deed Book 286, Pages 66-78, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED FORTY-ONE THOUSAND AND 00/100 DOLLARS ($141,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans Servicing, LP, 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 May, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, containing 5.63 acres, more or less, as per plat of survey recorded in Plat Book 17, Page 197, Banks County Records, which plat is hereby referred to and made a part of this description.
Being the same property conveyed to Henry M. Wilhelm, III, and Linda G. Wilhelm, as joint tenants with survivorship and not as tenants in common, by deed from Henry M. Wilhelm, III recorded 06/09/2004 in Deed Book 238, Page 681, in the office of the Clerk of the Superior Court of Banks County, Georgia.
TAX ID# B53 121
Said property is commonly known as 20563 Highway 441 S, Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Henry M. Wilhelm, III and Linda G. Wilhelm, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for HENRY M. WILHELM,III AND LINDA G. WILHELM
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Adorno & Yoss LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
ADORNO FILE NO. 215400.6950
WWW.ADORNO.COM/ATLDOCS/SALES.HTML
(AP8,15,22,29B/13997-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from FRED SCHLEGEL to UNITED COMMUNITY BANK, dated October 3, 2006, recorded October 10, 2006, in Deed Book 290, Page 114, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 6, 2008, recorded in Deed Book 321, Page 794, Banks County, Georgia records, said Security Deed being given to secure a Note from FRED SCHLEGEL dated February 6, 2008, in the original principal amount of SIX HUNDRED EIGHTY NINE THOUSAND FIVE HUNDRED THIRTY SEVEN AND 54/100 ($689,537.54) 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 209 of the 10th Land District, 1580th GMD of Banks County, Georgia and containing 0.52 acre, more or less, as shown on Plat of Survey prepared by Hubert Lovell, RLS, dated May 22, 1990 and said plat being recorded among Banks County, Georgia Records in Plat Book 16, Page 122, reference to said plat is being made for a more full and complete description.
BEGINNING at a right of way concrete monument on the Southwesterly right of way of U.S. Highway 441, which concrete monument is situated South 34 degrees 02 minutes East 159.50 feet from a point where the Four Mile Purchase Line intersects said Southwesterly right of way of U.S. Highway 441; thence along said right of way of U.S. Highway 441, the following courses and distances: South 37 degrees 26 minutes East 43.70 feet, South 38 degrees 14 minutes East 33.26 feet, South 41 degrees 17 minutes East 32.88 feet, South 43 degrees 52 minutes East 33.57 feet, South 48 degrees 00 minutes East 46.76 feet and South 53 degrees 12 minutes East 30.12 feet to a corner on said Southwesterly right of way of U.S. Highway 441; thence South 32 degrees 55 minutes West 32.41 feet; thence South 50 degrees 44 minutes West 21.02 feet to a point in center of a “Proposed Road”; thence along center of said “Proposed Road” the following courses and distances: South 62 degrees 58 minutes West 43.70 feet, and South 74 degrees 16 minutes West 111.99 feet to a concrete monument corner, which corner is located North 69 degrees 30 minutes East 2042 feet from the comer common to Land Lots 203, 204, 209 and 210 of said 10th Land District of Banks County, Georgia; thence North 06 degrees 46 minutes East 251.57 feet to a right of way concrete monument on the Southwesterly side of U.S. Highway 441, the Point of Beginning.
ALSO: All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, containing 3.32 acres, all as more fully shown on Plat of Survey prepared by Hubert Lovell, RLS, dated February 17, 1984 and said plat being recorded among Banks County, Georgia Records in Plat Book 10, Page 43, reference to said plat is being made for a more full and complete description.
All buildings, structures and improvements of every nature whatsoever now or hereafter situates on the premises, located as 6761 Hwy 441, Baldwin, Georgia, and all fixtures, machinery, furniture, equipment and appliances located upon and used in connection with the operation of the improvements, whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
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 FRED SCHLEGEL or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FRED SCHLEGEL
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01022
(AP8,15,22,29B/16022-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SHERYL L. JOHNSON and JERRY LEE JOHNSON to LENDERS ASSOCIATES CORPORATION, dated August 28, 1996, recorded in Deed Book 109, Page 176, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-THREE THOUSAND FOUR HUNDRED FIFTY AND 0/100 DOLLARS ($53,450.00), 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia being described as Lot 13 of River Run Estates, Unit 1, as per plat recorded in plat book 13, page 99, Banks County, Georgia which plat is incorporated herein by reference.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Sheryl L. Johnson and Jerry Lee Johnson or a tenant or tenants and said property is more commonly known as Lot 13 Loggins Lane, Commerce, GA 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.
Chase Home Finance, LLC as Attorney in Fact for Sheryl L. Johnson and Jerry Lee Johnson
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/mt1 5/5/09
Our file no. 11739208-FT3
(AP8,15,22,29B/12062-60T1P)
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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 WILLIAM STACEY STANDRIDGE and MELISSA MARTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated 1/20/2006, recorded in Deed Book 274, Page 850, Banks County, Georgia records, as last transferred to HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates by assignment to be recorded at Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00); 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 May 2009 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: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 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 William Stacey Standridge and Melissa Martin or a tenant or tenants and said property is more commonly known as 1718 Wynn Lake Road, Alto, GA 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.
HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates as Attorney in Fact for William Stacey Standridge and Melissa Martin
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
Our File #GA01FFE091000569
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th G.M.D., Banks County, Georgia, containing 2.00 acres, more or less, lying on Wynn Lake Road, as more fully shown and described on a plat of survey dated August 15, 2001, prepared by James Robert Cheatham, Georgia Registered Land Surveyor No. 1525, for Meelissa Martin, recorded in Plat Book 26, Page 54, Public Records of Banks County, Georgia. Said plat is incorporated herein by reference for a more detailed description of said property.
This is the same property as conveyed by warranty deed (joint tenancy with survivorship) from Melissa Martin to Melissa Martin and William Stacey Standridge, dated September 14, 2001, and recorded in Deed Book 179, Pages 216-217, Banks County Records.
(AP8,15,22,29B/18550-70T1)
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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 LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
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 LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP8,15,22,28B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GARRY SCOTT MOORE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR BNC MORTGAGE, INC., A DELWARE CORPORATION , dated 05/23/2007, and Recorded on 06/15/2007, as Book No. 307 and Page Nos. 281-299, BANKS County, Georgia Records, as last assigned to WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $278,400.00, 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 May, 2009, the following described property: LOT 10
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 465, of Banks County, Georgia, containing 12.6 acres, more or less, and being identified as Lot 10 of Mountain Creek Subdivision, as shown on that plat of survey recorded in Plat Book 13, Page 116, of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more complete description of the property.
Property known as 292 Mountain Creek Drive, Maysville, GA 30558, per the current method of numbering houses in Banks County, Georgia.
TRACT II (PART OF LOT II)
All that tract or parcel of land together with all improvements thereon, situate lying and being in Banks County, Georgia, consisting of 1.20 acres more or less as evidenced in recorded plat in Banks County, Georgia, plat being recorded in Book 26, Page 104, and dated 12/04/2001.
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, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, 10790 RANCHO BERNARDO ROAD, Foreclosure, SAN DIEGO, CA 92127, 877-838-1882. 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 292 MOUNTAIN CREEK DR., MAYSVILLE, GEORGIA 30558, is/are: GARRY SCOTT MOORE 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.
WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4 as Attorney in Fact for GARRY SCOTT MOORE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090161900144 BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(AP8,15,22,29P4)
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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 MICHAEL S. HUDSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 10, 2005, recorded in Deed Book 271, Page 175, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND AND 0/100 DOLLARS ($115,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Michael S. Hudson or a tenant or tenants and said property is more commonly known as 375 Georgia Highway 326, 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.
The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A as Attorney in Fact for Michael S. Hudson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mg2 5/5/09
Our file no. 5652909-FT12
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 4.84 acres, more or less, as shown on Plat and survey of Max Lewallen, surveyor, dated January 12, 1990, and recorded in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book 15 Page 99. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
Property Address: 375 GA Highway 326, Commerce, GA 30530
Tax Parcel ID: B68 012
(AP8,15,22,29B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL DOUGLAS O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., 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.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(AP8,15,22,29B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DEREK D. MILLWOOD and SHERRY E. MILLWOOD to Mortgage Electronic Registration Systems, Inc., dated February 27, 2007, recorded in Deed Book 301, Page 122, Banks County, Georgia Records, as last transferred to Branch Banking & Trust Company 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 FIFTY-TWO THOUSAND AND 0/100 DOLLARS ($252,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 880-827-3722. 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 Derek Dwight Millwood and Sherry Elaine Westmoreland Millwood or a tenant or tenants and said property is more commonly known as 339 Payne Rd., 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.
Branch Banking & Trust Company as Attorney in Fact for Derek D. Millwood and Sherry E. Millwood
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 5651809-FT7
EXHIBIT A
All that tract or parcel of land together with all improvements thereon lying and being in the Washington Georgia Militia District No 284 of Banks County, Georgia, containing 15 0 acres, more or less, as shown on plat of survey by Max Jackson Lewallen, GRLS 2067, dated December 21, 2006 recorded in Plat Book 30, Page 182, in the office of the Clerk of Superior court of Banks County, Georgia, which said plat is incorporated herein by reference and made a part of this description.
Subject to all easements, restrictions, reservation and rights-of-way of record, if any
(AP8,15,22,29B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 5/5/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(AP8,15,22,29B/12062-60T1P)
[Full Story »]
Notice of Sale Under Power
By virtue of the power contained in a Deed To Secure Debt executed and delivered by EUGENE AND FRANCES DAVIS, to EUGENE MONTGOMERY dated August 19, 2006, and recorded in Deed Book 292, Page 186, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $23,450.00, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS, as provided in said Deed To Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in May, to-wit: May 5, 2009:
All that tract or parcel of land, lying and being in the 207th G.M., District, of Banks County, Georgia and being designated as Tract #48-A containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated January 11, 1996, prepared by G. Brian Slate, Registered Surveyor, and being recorded in Plat Book 20, Page 119, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Said tract of land is bounded on the northwest by Tract #48-B; on the northeast by Sims Bridge Road; on the south by Tract #46 and east by Tract #47-C.
Restrictions: No commercial, hog, nor poultry raising and no junk yards.
THE PROPERTY ADDRESS IS 1646 SIMS BRIDGE ROAD, COMMERCE, GA 30530.
The debt secured by said Deed To Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of EUGENE AND FRANCES DAVIS, by the undersigned, as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor and Guarantor. The individual on behalf of the creditor who has full authority to negotiate, amend, and modify all terms of the debt with the debtor is:
Eugene Montgomery
1051 Chandler Cemetery Road
Maysville, GA 30558
To the best knowledge, information, and belief of EUGENE MONTGOMERY, the premises are unoccupied.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 2nd day of April, 2009.
EUGENE MONTGOMERY, As Attorney in Fact for EUGENE AND FRANCES DAVIS
JEFFREY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained a Security Deed given by CHARLES E. DAVENPORT and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 13, Page 81, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), 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 May, 2009, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, 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 Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(AP8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for OCWEN LOAN SERVICING, LLC, dated June 12, 2006, recorded July 31, 2006, in Deed Book 286, Pages 66-78, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED FORTY-ONE THOUSAND AND 00/100 DOLLARS ($141,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans Servicing, LP, 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 May, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, containing 5.63 acres, more or less, as per plat of survey recorded in Plat Book 17, Page 197, Banks County Records, which plat is hereby referred to and made a part of this description.
Being the same property conveyed to Henry M. Wilhelm, III, and Linda G. Wilhelm, as joint tenants with survivorship and not as tenants in common, by deed from Henry M. Wilhelm, III recorded 06/09/2004 in Deed Book 238, Page 681, in the office of the Clerk of the Superior Court of Banks County, Georgia.
TAX ID# B53 121
Said property is commonly known as 20563 Highway 441 S, Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Henry M. Wilhelm, III and Linda G. Wilhelm, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for HENRY M. WILHELM,III AND LINDA G. WILHELM
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Adorno & Yoss LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
ADORNO FILE NO. 215400.6950
WWW.ADORNO.COM/ATLDOCS/SALES.HTML
(AP8,15,22,29B/13997-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from FRED SCHLEGEL to UNITED COMMUNITY BANK, dated October 3, 2006, recorded October 10, 2006, in Deed Book 290, Page 114, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 6, 2008, recorded in Deed Book 321, Page 794, Banks County, Georgia records, said Security Deed being given to secure a Note from FRED SCHLEGEL dated February 6, 2008, in the original principal amount of SIX HUNDRED EIGHTY NINE THOUSAND FIVE HUNDRED THIRTY SEVEN AND 54/100 ($689,537.54) 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 209 of the 10th Land District, 1580th GMD of Banks County, Georgia and containing 0.52 acre, more or less, as shown on Plat of Survey prepared by Hubert Lovell, RLS, dated May 22, 1990 and said plat being recorded among Banks County, Georgia Records in Plat Book 16, Page 122, reference to said plat is being made for a more full and complete description.
BEGINNING at a right of way concrete monument on the Southwesterly right of way of U.S. Highway 441, which concrete monument is situated South 34 degrees 02 minutes East 159.50 feet from a point where the Four Mile Purchase Line intersects said Southwesterly right of way of U.S. Highway 441; thence along said right of way of U.S. Highway 441, the following courses and distances: South 37 degrees 26 minutes East 43.70 feet, South 38 degrees 14 minutes East 33.26 feet, South 41 degrees 17 minutes East 32.88 feet, South 43 degrees 52 minutes East 33.57 feet, South 48 degrees 00 minutes East 46.76 feet and South 53 degrees 12 minutes East 30.12 feet to a corner on said Southwesterly right of way of U.S. Highway 441; thence South 32 degrees 55 minutes West 32.41 feet; thence South 50 degrees 44 minutes West 21.02 feet to a point in center of a “Proposed Road”; thence along center of said “Proposed Road” the following courses and distances: South 62 degrees 58 minutes West 43.70 feet, and South 74 degrees 16 minutes West 111.99 feet to a concrete monument corner, which corner is located North 69 degrees 30 minutes East 2042 feet from the comer common to Land Lots 203, 204, 209 and 210 of said 10th Land District of Banks County, Georgia; thence North 06 degrees 46 minutes East 251.57 feet to a right of way concrete monument on the Southwesterly side of U.S. Highway 441, the Point of Beginning.
ALSO: All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, containing 3.32 acres, all as more fully shown on Plat of Survey prepared by Hubert Lovell, RLS, dated February 17, 1984 and said plat being recorded among Banks County, Georgia Records in Plat Book 10, Page 43, reference to said plat is being made for a more full and complete description.
All buildings, structures and improvements of every nature whatsoever now or hereafter situates on the premises, located as 6761 Hwy 441, Baldwin, Georgia, and all fixtures, machinery, furniture, equipment and appliances located upon and used in connection with the operation of the improvements, whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
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 FRED SCHLEGEL or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FRED SCHLEGEL
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01022
(AP8,15,22,29B/16022-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SHERYL L. JOHNSON and JERRY LEE JOHNSON to LENDERS ASSOCIATES CORPORATION, dated August 28, 1996, recorded in Deed Book 109, Page 176, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-THREE THOUSAND FOUR HUNDRED FIFTY AND 0/100 DOLLARS ($53,450.00), 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia being described as Lot 13 of River Run Estates, Unit 1, as per plat recorded in plat book 13, page 99, Banks County, Georgia which plat is incorporated herein by reference.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Sheryl L. Johnson and Jerry Lee Johnson or a tenant or tenants and said property is more commonly known as Lot 13 Loggins Lane, Commerce, GA 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.
Chase Home Finance, LLC as Attorney in Fact for Sheryl L. Johnson and Jerry Lee Johnson
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/mt1 5/5/09
Our file no. 11739208-FT3
(AP8,15,22,29B/12062-60T1P)
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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 WILLIAM STACEY STANDRIDGE and MELISSA MARTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated 1/20/2006, recorded in Deed Book 274, Page 850, Banks County, Georgia records, as last transferred to HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates by assignment to be recorded at Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00); 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 May 2009 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: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 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 William Stacey Standridge and Melissa Martin or a tenant or tenants and said property is more commonly known as 1718 Wynn Lake Road, Alto, GA 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.
HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates as Attorney in Fact for William Stacey Standridge and Melissa Martin
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
Our File #GA01FFE091000569
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th G.M.D., Banks County, Georgia, containing 2.00 acres, more or less, lying on Wynn Lake Road, as more fully shown and described on a plat of survey dated August 15, 2001, prepared by James Robert Cheatham, Georgia Registered Land Surveyor No. 1525, for Meelissa Martin, recorded in Plat Book 26, Page 54, Public Records of Banks County, Georgia. Said plat is incorporated herein by reference for a more detailed description of said property.
This is the same property as conveyed by warranty deed (joint tenancy with survivorship) from Melissa Martin to Melissa Martin and William Stacey Standridge, dated September 14, 2001, and recorded in Deed Book 179, Pages 216-217, Banks County Records.
(AP8,15,22,29B/18550-70T1)
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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 LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) 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 May, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
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 LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP8,15,22,28B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GARRY SCOTT MOORE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR BNC MORTGAGE, INC., A DELWARE CORPORATION , dated 05/23/2007, and Recorded on 06/15/2007, as Book No. 307 and Page Nos. 281-299, BANKS County, Georgia Records, as last assigned to WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $278,400.00, 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 May, 2009, the following described property: LOT 10
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 465, of Banks County, Georgia, containing 12.6 acres, more or less, and being identified as Lot 10 of Mountain Creek Subdivision, as shown on that plat of survey recorded in Plat Book 13, Page 116, of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more complete description of the property.
Property known as 292 Mountain Creek Drive, Maysville, GA 30558, per the current method of numbering houses in Banks County, Georgia.
TRACT II (PART OF LOT II)
All that tract or parcel of land together with all improvements thereon, situate lying and being in Banks County, Georgia, consisting of 1.20 acres more or less as evidenced in recorded plat in Banks County, Georgia, plat being recorded in Book 26, Page 104, and dated 12/04/2001.
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, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, 10790 RANCHO BERNARDO ROAD, Foreclosure, SAN DIEGO, CA 92127, 877-838-1882. 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 292 MOUNTAIN CREEK DR., MAYSVILLE, GEORGIA 30558, is/are: GARRY SCOTT MOORE 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.
WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4 as Attorney in Fact for GARRY SCOTT MOORE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090161900144 BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(AP8,15,22,29P4)
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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 MICHAEL S. HUDSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 10, 2005, recorded in Deed Book 271, Page 175, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND AND 0/100 DOLLARS ($115,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Michael S. Hudson or a tenant or tenants and said property is more commonly known as 375 Georgia Highway 326, 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.
The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A as Attorney in Fact for Michael S. Hudson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mg2 5/5/09
Our file no. 5652909-FT12
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 4.84 acres, more or less, as shown on Plat and survey of Max Lewallen, surveyor, dated January 12, 1990, and recorded in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book 15 Page 99. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
Property Address: 375 GA Highway 326, Commerce, GA 30530
Tax Parcel ID: B68 012
(AP8,15,22,29B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL DOUGLAS O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., 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.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(AP8,15,22,29B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DEREK D. MILLWOOD and SHERRY E. MILLWOOD to Mortgage Electronic Registration Systems, Inc., dated February 27, 2007, recorded in Deed Book 301, Page 122, Banks County, Georgia Records, as last transferred to Branch Banking & Trust Company 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 FIFTY-TWO THOUSAND AND 0/100 DOLLARS ($252,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 880-827-3722. 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 Derek Dwight Millwood and Sherry Elaine Westmoreland Millwood or a tenant or tenants and said property is more commonly known as 339 Payne Rd., 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.
Branch Banking & Trust Company as Attorney in Fact for Derek D. Millwood and Sherry E. Millwood
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 5651809-FT7
EXHIBIT A
All that tract or parcel of land together with all improvements thereon lying and being in the Washington Georgia Militia District No 284 of Banks County, Georgia, containing 15 0 acres, more or less, as shown on plat of survey by Max Jackson Lewallen, GRLS 2067, dated December 21, 2006 recorded in Plat Book 30, Page 182, in the office of the Clerk of Superior court of Banks County, Georgia, which said plat is incorporated herein by reference and made a part of this description.
Subject to all easements, restrictions, reservation and rights-of-way of record, if any
(AP8,15,22,29B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), 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 May, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 5/5/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(AP8,15,22,29B/12062-60T1P)
[Full Story »]
Banks County Public Records 04-01-09
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 GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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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 a Security Deed from ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
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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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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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 a Security Deed from ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
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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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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 TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
[Full Story »]
Banks County Public Records 03-25-09
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 GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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 ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
gpn11
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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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 TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by PETER JAMES HYDE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 29, 2005, and recorded in Deed Book 262, Page 18, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $68,918.00, 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, April 7, 2009, 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 designated as Lot 15, River Run Estates, as shown by plat and survey prepared by Russell N. Bartlett, GRLS, dated November 8, 1987, recorded in Plat Book 14, Page 99, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Said property is known as 142 Loggins Lane, Commerce, GA 30529, 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 Peter James Hyde, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Peter James Hyde, 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.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Peter James Hyde
File no. 09-010447
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-60T1P)
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 GARRET R. GEER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 30, 2006, recorded in Deed Book 295, Page 344, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset-Backed Certificates, Series 2007-NC1 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($440,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Garret R. Geer or a tenant or tenants and said property is more commonly known as 128 Lakeridge 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.
Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset-Backed Certificates, Series 2007-NC1 as Attorney in Fact for Garret R. Geer
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 4/7/09
Our file no. 5338509-FT12
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580 and 448, City of Baldwin, Banks County, GA being Lot 20, Lake View at Apple Pie Ridge Subdivision, Phase II, as per Plat recorded in Plat Book d, Page 68, Banks County, GA Records, which Plat is incorporated herein and made a part hereof by reference.
(MA11,18,25,AP1B/12062-60T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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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 a Security Deed from ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
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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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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 TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by PETER JAMES HYDE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 29, 2005, and recorded in Deed Book 262, Page 18, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $68,918.00, 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, April 7, 2009, 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 designated as Lot 15, River Run Estates, as shown by plat and survey prepared by Russell N. Bartlett, GRLS, dated November 8, 1987, recorded in Plat Book 14, Page 99, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Said property is known as 142 Loggins Lane, Commerce, GA 30529, 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 Peter James Hyde, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Peter James Hyde, 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.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Peter James Hyde
File no. 09-010447
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-60T1P)
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 GARRET R. GEER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 30, 2006, recorded in Deed Book 295, Page 344, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset-Backed Certificates, Series 2007-NC1 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($440,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Garret R. Geer or a tenant or tenants and said property is more commonly known as 128 Lakeridge 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.
Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset-Backed Certificates, Series 2007-NC1 as Attorney in Fact for Garret R. Geer
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 4/7/09
Our file no. 5338509-FT12
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580 and 448, City of Baldwin, Banks County, GA being Lot 20, Lake View at Apple Pie Ridge Subdivision, Phase II, as per Plat recorded in Plat Book d, Page 68, Banks County, GA Records, which Plat is incorporated herein and made a part hereof by reference.
(MA11,18,25,AP1B/12062-60T1P)
[Full Story »]
Banks County Public Records 03-18-09
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 LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 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 April, 2009, 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 parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate & Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road. Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth 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.
Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /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.
(MA11,18,25,AP1B/1325-80)
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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 GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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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 a Security Deed from ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
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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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by PETER JAMES HYDE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 29, 2005, and recorded in Deed Book 262, Page 18, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $68,918.00, 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, April 7, 2009, 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 designated as Lot 15, River Run Estates, as shown by plat and survey prepared by Russell N. Bartlett, GRLS, dated November 8, 1987, recorded in Plat Book 14, Page 99, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Said property is known as 142 Loggins Lane, Commerce, GA 30529, 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 Peter James Hyde, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Peter James Hyde, 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.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Peter James Hyde
File no. 09-010447
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-60T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 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 April, 2009, 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 parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate & Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road. Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth 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.
Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /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.
(MA11,18,25,AP1B/1325-80)
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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 GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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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 a Security Deed from ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
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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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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 TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by PETER JAMES HYDE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 29, 2005, and recorded in Deed Book 262, Page 18, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $68,918.00, 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, April 7, 2009, 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 designated as Lot 15, River Run Estates, as shown by plat and survey prepared by Russell N. Bartlett, GRLS, dated November 8, 1987, recorded in Plat Book 14, Page 99, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Said property is known as 142 Loggins Lane, Commerce, GA 30529, 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 Peter James Hyde, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Peter James Hyde, 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.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Peter James Hyde
File no. 09-010447
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-60T1P)
[Full Story »]
Banks County Public Records 03-11-09
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 LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 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 April, 2009, 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 parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate & Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road. Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth 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.
Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /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.
(MA11,18,25,AP1B/1325-80)
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 GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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 MICHEAL DOUGLAS O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Micheal D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd, 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.
GMAC Mortgage, LLC as Attorney in Fact for Micheal Douglas O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/aml 4/7/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(MA11,18,25,AP1B/12062-60T1P)
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 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
gpn11
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 CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee, by Assignment securing a Note in the original principal amount of $71,200.00, 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, April 7, 2009, 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 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Being the same property conveyed to Christie Lee Broome, by deed dated September 28,2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, 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 Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, 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.
US Bank National Association as Trustee as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AP12,19,26,AP2B/1323-60T1P)
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 ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
gpn11
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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 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 April, 2009, 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 parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate & Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road. Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth 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.
Deutsche Bank National Trust Company , as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2005-R3, Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /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.
(MA11,18,25,AP1B/1325-80)
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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 GABRIEL ESPINOZA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 24, 2006 in the amount of $144,000.00, and recorded in Deed Book 280, Page 625, Banks County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB 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 April, 2009, 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 District, G.M., Banks County, Georgia, containing 5.21 acres, more or less, and begin more particularly described as follows: To find THE TRUE POINT OF BEGINNING, commence at the centerline intersection of Ridgeway Road and Magnum Bridge Road, thence South 06-09 West 494.6 feet to a point on the Westerly Right of Way of Mangum Bridge Road and THE TRUE POINT OF BEGINNING; thence along the Right of Way of Mangum Bridge Road (a 60 foot Right of Way) South 05-22 West 206.1 feet to a point; thence departing said Right of Way North 88-30 West 696.9 feet to an IPF; thence North 26-06 West 326.7 feet to an IPF; thence South 88-36 East 866.6 feet to THE TRUE POINT OF BEGINNING, as shown on plat of survey for Paul B Webb and Janice L Webb, by Mazlewallen, Georgia R.L.S. No. 2067, dated April 14, 1994, which recorded plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 1092 N Mangum Bridge Road, 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 Gabriel Espinoza 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.
IndyMac Federal Bank FSB Attorney in Fact for Gabriel Espinoza
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04212 /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.
(MA11,18,25,AP1B/1325-60)
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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 FAARYAAD I. MOHAMMED and FARIZA MOHAMMED to SUNTRUST MORTGAGE, INC., dated November 23, 2005, recorded in Deed Book 272, Page 755, Banks County, Georgia Records, as last transferred to SunTrust Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($73,800.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Faaryaad I. Mohammed and Fariza Mohammed or a tenant or tenants and said property is more commonly known as LT130 Apple Pie Ridge, Baldwin, Georgia 33051.
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 Bank as Attorney in Fact for Faaryaad I. Mohammed and Fariza Mohammed
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jn2 4/7/09
Our file no. 5518109-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, Being Lot 30, Phase 5, Lakeview at Apple Pie Ridge, as per Plat recorded in Plat Book D, Pages 66-68, Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHEAL DOUGLAS O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Micheal D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd, 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.
GMAC Mortgage, LLC as Attorney in Fact for Micheal Douglas O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/aml 4/7/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 4/7/09
Our file no. 5206209-FT4
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.
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee, by Assignment securing a Note in the original principal amount of $71,200.00, 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, April 7, 2009, 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 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Being the same property conveyed to Christie Lee Broome, by deed dated September 28,2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, 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 Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, 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.
US Bank National Association as Trustee as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AP12,19,26,AP2B/1323-60T1P)
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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 a Security Deed from ERIK DIAZ to UNITED COMMUNITY BANK, dated April 5, 2006, recorded April 24, 2006, in Deed Book 280, Page 49, Banks County, Georgia Records, said Security Deed being given to secure a Note from ERIK DIAZ of even date in the original principal amount of Fifty Nine Thousand Two Hundred Eighty and 00/100 ($59,280.00) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, being shown and designated as Lot 22, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.932 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
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 ERIK DIAZ or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ERIK DIAZ
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00989
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-50T1P)
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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 HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, April 7, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning. The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at Page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA11,18,25,AP1B/1323-70T1P)
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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 SHAWN GROGAN and GERALDINE JARAMILLO to UNITED COMMUNITY BANK, dated March 3, 2006, recorded March 20, 2006, in Deed Book 277, Page 638, Banks County, Georgia Records, said Security Deed being given to secure a Note from SHAWN GROGAN of even date in the original principal amount of FORTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 92/100 ($46,639.92) 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 April, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 37, Phase 5 of the Apple Pie Ridge Subdivision, containing 1.518 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 SHAWN GROGAN and GERALDINE JARAMILLO or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for SHAWN GROGAN and GERALDINE JARAMILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00988
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, 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 April, 2009, to wit: April 7, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
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. 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 Deed to Secure Debt 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 known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton 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) 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(MA11,18,25,AP1P4)
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 given by PAMELA RENEE WILLIAMS, to WELLS FARGO FINANCIAL GEORGIA, INC., dated September 17, 2007, and recorded in Deed Book 312, Page 606, Banks County Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED EIGHTY AND 92/100 DOLLARS ($204,880.92), 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 April 2009, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, containing 6.123 acres according to the plat of survey prepared by Toy A. Terrell, Georgia Registered Land Surveyor, dated October 12, 1994, recorded in Plat Book 19, Page 58, Banks County, Georgia, plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees.
Said property will be sold subject to all senior liens, any outstanding ad valorem taxes (including taxes which are a lien, but are 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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Pamela Renee Williams, or a tenant or tenants and said property is more commonly known as 290 Barrett Road, Alto, Georgia.
Wells Fargo Financial Georgia, Inc.
As Attorney-in-Fact for
Pamela Renee Williams,
For questions regarding loan modification and other matters regarding your loan please contact the Home Preservation Team at Wells Fargo Financial at the toll free number 1-800-275-9254. Please mail correspondence to: Wells Fargo Financial, Home Preservation Team, 4119 121st Street, Urbandale, IA 50323.
James G. Whiddon III
Wells Fargo Financial Georgia, Inc.
3655 Marketplace Blvd., Suite 250
East Point, GA 30344
404-346-1684
(MA11,18,25,AP1P4)
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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 RALPH PARKER to ABN AMRO MORTGAGE GROUP, INC. dated August 13, 2002, in the amount of $84,000.00, and recorded in Deed Book 199, Page 599, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, Inc. by assignment, the undersigned, CitiMortgage, Inc., sbm ABN AMRO Mortgage Group, 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 April, 2009, 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 248th District , G.M. Bank County, Georgia, and being all of Lot 5 of Mountain View Estates Subdivision, as per plat recorded in Plat Book B, Page 44, Banks County Records, which plat is hereby referred to and made a part of this description.
which has the property address of 379 Caudell 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 Ralph Parker 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., sbm ABN AMRO Mortgage Group, Inc. Attorney in Fact for Ralph Parker
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04374 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID D. JOHNSON aka DAVID DOUGLAS JOHNSON to BRANCH BANKING AND TRUST COMPANY, dated November 2, 2006, recorded December 22, 2006, in Deed Book 296, Page 178, Banks County, Georgia, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00), with interest thereon as provided for 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 April 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 648th & 1960th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 41, containing 1.009 acres, more or less, and Lot 43, containing 1.033 acres, more or less, of the Lake view at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
Said property being known as 0 Lakeview Court, Baldwin, GA 30511, according to the present system of numbering in Banks County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Regions Bank in the original amount of $75,000.00 dated July 10, 2006, recorded at Deed Book 285, Page 261, Banks County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is David D. Johnson aka David Douglas Johnson or tenant(s).
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, Branch Banking and Trust Company as Attorney in Fact for David D. Johnson aka David Douglas Johnson.
Contact: Patrick J. Geheren, Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA11,18,25,AP1P4)
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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.msplaw.com/foreclosure_sales.asp
MSP/jas 4/7/09
Our file no. 1346907-FT2
(MA11,18,25,AP1B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY KEVIN BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, dated November 30, 2006, recorded in Deed Book 295, Page 802, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 NINETY-SEVEN THOUSAND AND 0/100 DOLLARS ($197,000.00), 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 April, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Kevin Braswell and Ashley Deann Braswell or a tenant or tenants and said property is more commonly known as 199 Valley View Dr., 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.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Timothy Kevin Braswell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5403809-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, City of Maysville, shown as a portion of Lots 49 and 50 (3.001 acres more or less) of Oak Ridge Subdivision, on a plat of survey for Larry S. Thurmond, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins Associates, dated August 21, 1997, as it was recorded with joint tenancy with survivorship warranty deed at Deed Book 177, Page 379, said parcel being more particularly described and delineated on said plat and incorporated herein by reference. Further reference is made to plat of survey for Timothy K. Braswell-Ashley D. Braswell, prepared by William H. Collins and William E. Whidden, RLS, of Farley-Collins-Whidden, dated April 18, 2002, recorded at Plat Book D, Page 99, as of November 11, 2002.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(MA11,18,25,AP1B/12062-70T1P)
[Full Story »]
Banks County Public Records 03-04-09
Gpn13
Legal Notice
Notice of Intent
to Introduce Legislation
Notice is hereby given that legislation will be introduced in the 2009 Session of the General Assembly relative to a new Charter for the Town of Alto, Georgia. The provisions of the new Charter shall include but are not limited to the following matters: To reincorporate and provide a new Charter for the Town of Alto, Georgia; to provide for the corporate limits of the Town, the powers of the Town, and the form and method of government of the Town; to provide for the administration of Town affairs; to provide for the municipal court of the Town; to provide elections for Town offices; to provide for taxation by the Town; to provide for the financial management of the Town; to provide for financial and fiscal affairs of the Town; to provide for municipal services and regulatory functions; to provide general provisions; to provide for other matters relative thereto; to provide for specific repeals; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Town of Alto, Georgia, does hereby further acknowledge receipt of said Notice of Intent to Introduce Legislation.
This 23rd day of February, 2009. The Town of Alto, Georgia on behalf of Representative Rick Austin, District 10.
(MA4B/417-30T1)
Gpn07
Whitfield Estate
Notice to Debtors
and Creditors
In Re: Estate of Boyd Mitchell Whitfield, Jr.
All creditors of the Estate of BOYD MITCHELL WHITFIELD, JR., late of Banks County, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
THIS 23rd day of February, 2009.
Wesley William Whitfield
1095 Scales Creek Road
Homer, Georgia 30547
Gregory M. Perry, Attorney
P.O. Box 299
Commerce, GA 30529
(706) 335-3500
(MA4,11,18,25P4)
Gpn18
Coffee Estate
Georgia, Banks County Probate Court
Notice
The petition of MARY ROSE COFFEE, for a year’s support from the estate of WOODROW W. COFFEE JR., deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before March 30, 2009, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled in the Probate Court of Banks County courtroom at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-776-2196
(MA4,11,18,25P4)
gpn02
Public Notice
Amanda Khristen Moore of MOORE’S WINGZ & THINGZ RESTAURANT, located at 216 Stephen B. Tanger Blvd. at Banks Crossing has applied to Banks County for a “Malt Beverage Consumption License”. This application will be considered at a meeting of the Banks County Commission on March 10, 2009, at 6:30 p.m., in the Board Room of the Banks County Courthouse Annex.
(FE25,MA4B/442-10)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate MOUNTAIN TOP GRANITE, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 147 Buckeye Point, Commerce, Banks County, Georgia 30530. The initial registered agent of the corporation at such address is Jennifer Ebert.
Lisa M. Gable
Robertson & Gable, LLC
3075 Breckinridge Blvd., Suite 450
Duluth, GA 30096
(770) 736-5182
(FE25,MA4P2)
Gpn18
Tolliver Estate
Probate Court
of Banks County
Notice
Re: Petition of EUNICE KRISTINE TOLLIVER to probate in solemn form the will of DANNY WAYNE TOLLIVER, deceased, upon which an order for service was granted by this Court on February 17, 2009.
TO: BRET TOLLIVER and any other unknown heir of Danny Wayne Tolliver and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before March 23, 2009, by 10:00 a.m.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate 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: Vicki Dalton
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE25,MA4,11,18P4)
gpn07
Anderson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Q.D. ANDERSON, 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 12th day of February, 2009.
Winnie Ann Anderson Allen
Executor/Administrator
1709 Historic Homer Hwy.
Commerce, GA 30529
(FE18,25,MA4,11P4)
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Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, 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 March 6, 2009. 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
(FE11,18,25,MA4P4)
Legal Notice
Notice of Intent
to Introduce Legislation
Notice is hereby given that legislation will be introduced in the 2009 Session of the General Assembly relative to a new Charter for the Town of Alto, Georgia. The provisions of the new Charter shall include but are not limited to the following matters: To reincorporate and provide a new Charter for the Town of Alto, Georgia; to provide for the corporate limits of the Town, the powers of the Town, and the form and method of government of the Town; to provide for the administration of Town affairs; to provide for the municipal court of the Town; to provide elections for Town offices; to provide for taxation by the Town; to provide for the financial management of the Town; to provide for financial and fiscal affairs of the Town; to provide for municipal services and regulatory functions; to provide general provisions; to provide for other matters relative thereto; to provide for specific repeals; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Town of Alto, Georgia, does hereby further acknowledge receipt of said Notice of Intent to Introduce Legislation.
This 23rd day of February, 2009. The Town of Alto, Georgia on behalf of Representative Rick Austin, District 10.
(MA4B/417-30T1)
Gpn07
Whitfield Estate
Notice to Debtors
and Creditors
In Re: Estate of Boyd Mitchell Whitfield, Jr.
All creditors of the Estate of BOYD MITCHELL WHITFIELD, JR., late of Banks County, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
THIS 23rd day of February, 2009.
Wesley William Whitfield
1095 Scales Creek Road
Homer, Georgia 30547
Gregory M. Perry, Attorney
P.O. Box 299
Commerce, GA 30529
(706) 335-3500
(MA4,11,18,25P4)
Gpn18
Coffee Estate
Georgia, Banks County Probate Court
Notice
The petition of MARY ROSE COFFEE, for a year’s support from the estate of WOODROW W. COFFEE JR., deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before March 30, 2009, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled in the Probate Court of Banks County courtroom at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-776-2196
(MA4,11,18,25P4)
gpn02
Public Notice
Amanda Khristen Moore of MOORE’S WINGZ & THINGZ RESTAURANT, located at 216 Stephen B. Tanger Blvd. at Banks Crossing has applied to Banks County for a “Malt Beverage Consumption License”. This application will be considered at a meeting of the Banks County Commission on March 10, 2009, at 6:30 p.m., in the Board Room of the Banks County Courthouse Annex.
(FE25,MA4B/442-10)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate MOUNTAIN TOP GRANITE, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 147 Buckeye Point, Commerce, Banks County, Georgia 30530. The initial registered agent of the corporation at such address is Jennifer Ebert.
Lisa M. Gable
Robertson & Gable, LLC
3075 Breckinridge Blvd., Suite 450
Duluth, GA 30096
(770) 736-5182
(FE25,MA4P2)
Gpn18
Tolliver Estate
Probate Court
of Banks County
Notice
Re: Petition of EUNICE KRISTINE TOLLIVER to probate in solemn form the will of DANNY WAYNE TOLLIVER, deceased, upon which an order for service was granted by this Court on February 17, 2009.
TO: BRET TOLLIVER and any other unknown heir of Danny Wayne Tolliver and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before March 23, 2009, by 10:00 a.m.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate 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: Vicki Dalton
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE25,MA4,11,18P4)
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Anderson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Q.D. ANDERSON, 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 12th day of February, 2009.
Winnie Ann Anderson Allen
Executor/Administrator
1709 Historic Homer Hwy.
Commerce, GA 30529
(FE18,25,MA4,11P4)
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Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, 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 March 6, 2009. 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
(FE11,18,25,MA4P4)
Banks County Public Records 02-25-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, 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 of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia 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 March, 2009, 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 City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., 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 Carla Odette AKA Carla R. Odette and Shawn M. Odette 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.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /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.
(FE4,11,18,25B/1325-50)
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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 Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, 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 March, 2009, 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 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson 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 David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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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 Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
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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 ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) 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 March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/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 ANGEL MARTINEZ REYES to NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK, dated November 9, 2006, recorded in Deed Book 294, Page 150, 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. 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 Angel Martinez Reyes or a tenant or tenants and said property is more commonly known as 168 Tyler Road, Gillsville, Georgia 30543.
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.
National City Mortgage, a division of National City Bank as Attorney in Fact for Angel Martinez Reyes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eja 3/3/09
Our file no. 53305408-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, containing 6.40 acres, more or less, as shown on a plat of survey prepared for Samuel R. Tyler and Dorothy Tyler by Max Lewallen, RLS, dated July 26, 1999, recorded in Plat Book 24, Page 102, Banks County, Georgia Records; said plat being incorporated herein by reference for a more complete description.
(FE5,12,19,25B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RALPH H. PHILLIPS and LAURA L. PHILLIPS to WELLS FARGO BANK, NA., dated February 7, 2003, recorded in Deed Book 208, Page 406, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND TWO HUNDRED FORTY AND 0/100 DOLLARS ($119,240.00), 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Ralph H. Phillips and Laura L. Phillips or a tenant or tenants and said property is more commonly known as 132 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.
Wells Fargo Bank, NA. as Attorney in Fact for Ralph H. Phillips and Laura L. Phillips
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 3/3/09
Our file no. 53253908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, City of Maysville, designated as Lot No. 11, containing 1.02 acres, more or less, Ridgeway Hills Subdivision, as per plat of survey prepared for Ralph Phillips and Laura Phillips by Slate & Associates, Inc., GLRS, dated October 2, 2000, and recorded in Plat Book 25, Page 107, in the Clerk’s Office of the Superior Court of Banks County, Georgia. Said plat as recorded is hereby referenced for a more detailed description of said property.
(FE5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by KEVIN L. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 4, 2007, in the amount of $105,149.00, and recorded in Deed Book 297, Page 117, Banks County, Georgia Records, as last transferred to IndyMac Bank, F.S.B. by assignment, the undersigned, IndyMac Bank, F.S.B. 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 March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210 G.M.D, of Banks County, Georgia, being Tract No. 3 containing 14.248 Acres, more or less, as more particularly described to a plat of survey prepared for Ronald C. Puckett by Ringo & Sadler, Georgia Registered Surveyors, filed for record 12/07/2005 at Plat Book 30, Page 24, Banks County, GA Records, which said plat is incorporated herein by reference for a more detailed description to said property.
Subject to easements of record and existing easements and rights of way for public roads and utilities now in use.
The above described property shall be subject to the following deed restrictions:
(1) The within described property shall be used for single family residential purposes only.
(2) No residence shall be erected to have less than 1400 Square Feet of indoor heated area, excluding garage area.
(3) No mobile home, modular home or house trailer shall be permitted on the within described property; except however travel trailers, campers, or camping trailers that are the property of the land owner and are not used as a permanent residence.
(4) Junk cars or trucks not currently operating with currant tag a registration will be prohibited from being stored on the property.
(5) No accumulation of trash, waste or debris shall be permitted on said property.
(6) Grantee herein by acceptance of this deed, hereby agrees to apply for the continuation of the conservation use covenants on the subject property, within 15 days from the acceptance of this deed.
(7) Invalidation of any one of these restrictions or any part hereof by judgment or court order or otherwise shall in no way affect any of the other restrictions which shall remain in full force and effect.
Map & Parcel # B49 054B
which has the property address of Tract 3 Charity Dr., 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 Kevin L Williamson 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.
IndyMac Bank, F.S.B. Attorney in Fact for Kevin L. Williamson
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-27303 /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.
(FE5,12,19,25B/1325-70)
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Public Notice
Amanda Khristen Moore of MOORE’S WINGZ & THINGZ RESTAURANT, located at 216 Stephen B. Tanger Blvd. at Banks Crossing has applied to Banks County for a “Malt Beverage Consumption License”. This application will be considered at a meeting of the Banks County Commission on March 10, 2009, at 6:30 p.m., in the Board Room of the Banks County Courthouse Annex.
(FE25,MA4B/442-10)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate MOUNTAIN TOP GRANITE, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 147 Buckeye Point, Commerce, Banks County, Georgia 30530. The initial registered agent of the corporation at such address is Jennifer Ebert.
Lisa M. Gable
Robertson & Gable, LLC
3075 Breckinridge Blvd., Suite 450
Duluth, GA 30096
(770) 736-5182
(FE25,MA4P2)
Gpn18
Tolliver Estate
Probate Court
of Banks County
Notice
Re: Petition of EUNICE KRISTINE TOLLIVER to probate in solemn form the will of DANNY WAYNE TOLLIVER, deceased, upon which an order for service was granted by this Court on February 17, 2009.
TO: BRET TOLLIVER and any other unknown heir of Danny Wayne Tolliver and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before March 23, 2009, by 10:00 a.m.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate 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: Vicki Dalton
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE25,MA4,11,18P4)
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Anderson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Q.D. ANDERSON, 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 12th day of February, 2009.
Winnie Ann Anderson Allen
Executor/Administrator
1709 Historic Homer Hwy.
Commerce, GA 30529
(FE18,25,MA4,11P4)
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Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, 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 March 6, 2009. 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
(FE11,18,25,MA4P4)
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McClure Estate
Notice to Debtors and Creditors
All creditors of the Estate of WILLIAM HOWARD MCCLURE, SR., 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 22 day of January, 2009.
James McClure
Executor/Administrator
1397 GA Hwy. 164
Commerce, GA 30529
(FE4,11,18,25P4)
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White Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHN LAFAYETTE (J.L.) WHITE, 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 22 day of January, 2009.
Carolyn Mote and Brenda Webb
Executors/Administrators
2494 Hwy. 51 S
Lula, GA 30554
(FE4,11,18,25P4)
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, 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 of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia 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 March, 2009, 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 City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., 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 Carla Odette AKA Carla R. Odette and Shawn M. Odette 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.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /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.
(FE4,11,18,25B/1325-50)
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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 Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, 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 March, 2009, 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 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson 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 David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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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 Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
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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 ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) 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 March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/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 ANGEL MARTINEZ REYES to NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK, dated November 9, 2006, recorded in Deed Book 294, Page 150, 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. 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 Angel Martinez Reyes or a tenant or tenants and said property is more commonly known as 168 Tyler Road, Gillsville, Georgia 30543.
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.
National City Mortgage, a division of National City Bank as Attorney in Fact for Angel Martinez Reyes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eja 3/3/09
Our file no. 53305408-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, containing 6.40 acres, more or less, as shown on a plat of survey prepared for Samuel R. Tyler and Dorothy Tyler by Max Lewallen, RLS, dated July 26, 1999, recorded in Plat Book 24, Page 102, Banks County, Georgia Records; said plat being incorporated herein by reference for a more complete description.
(FE5,12,19,25B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RALPH H. PHILLIPS and LAURA L. PHILLIPS to WELLS FARGO BANK, NA., dated February 7, 2003, recorded in Deed Book 208, Page 406, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND TWO HUNDRED FORTY AND 0/100 DOLLARS ($119,240.00), 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Ralph H. Phillips and Laura L. Phillips or a tenant or tenants and said property is more commonly known as 132 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.
Wells Fargo Bank, NA. as Attorney in Fact for Ralph H. Phillips and Laura L. Phillips
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 3/3/09
Our file no. 53253908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, City of Maysville, designated as Lot No. 11, containing 1.02 acres, more or less, Ridgeway Hills Subdivision, as per plat of survey prepared for Ralph Phillips and Laura Phillips by Slate & Associates, Inc., GLRS, dated October 2, 2000, and recorded in Plat Book 25, Page 107, in the Clerk’s Office of the Superior Court of Banks County, Georgia. Said plat as recorded is hereby referenced for a more detailed description of said property.
(FE5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by KEVIN L. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 4, 2007, in the amount of $105,149.00, and recorded in Deed Book 297, Page 117, Banks County, Georgia Records, as last transferred to IndyMac Bank, F.S.B. by assignment, the undersigned, IndyMac Bank, F.S.B. 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 March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210 G.M.D, of Banks County, Georgia, being Tract No. 3 containing 14.248 Acres, more or less, as more particularly described to a plat of survey prepared for Ronald C. Puckett by Ringo & Sadler, Georgia Registered Surveyors, filed for record 12/07/2005 at Plat Book 30, Page 24, Banks County, GA Records, which said plat is incorporated herein by reference for a more detailed description to said property.
Subject to easements of record and existing easements and rights of way for public roads and utilities now in use.
The above described property shall be subject to the following deed restrictions:
(1) The within described property shall be used for single family residential purposes only.
(2) No residence shall be erected to have less than 1400 Square Feet of indoor heated area, excluding garage area.
(3) No mobile home, modular home or house trailer shall be permitted on the within described property; except however travel trailers, campers, or camping trailers that are the property of the land owner and are not used as a permanent residence.
(4) Junk cars or trucks not currently operating with currant tag a registration will be prohibited from being stored on the property.
(5) No accumulation of trash, waste or debris shall be permitted on said property.
(6) Grantee herein by acceptance of this deed, hereby agrees to apply for the continuation of the conservation use covenants on the subject property, within 15 days from the acceptance of this deed.
(7) Invalidation of any one of these restrictions or any part hereof by judgment or court order or otherwise shall in no way affect any of the other restrictions which shall remain in full force and effect.
Map & Parcel # B49 054B
which has the property address of Tract 3 Charity Dr., 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 Kevin L Williamson 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.
IndyMac Bank, F.S.B. Attorney in Fact for Kevin L. Williamson
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-27303 /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.
(FE5,12,19,25B/1325-70)
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Public Notice
Amanda Khristen Moore of MOORE’S WINGZ & THINGZ RESTAURANT, located at 216 Stephen B. Tanger Blvd. at Banks Crossing has applied to Banks County for a “Malt Beverage Consumption License”. This application will be considered at a meeting of the Banks County Commission on March 10, 2009, at 6:30 p.m., in the Board Room of the Banks County Courthouse Annex.
(FE25,MA4B/442-10)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate MOUNTAIN TOP GRANITE, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 147 Buckeye Point, Commerce, Banks County, Georgia 30530. The initial registered agent of the corporation at such address is Jennifer Ebert.
Lisa M. Gable
Robertson & Gable, LLC
3075 Breckinridge Blvd., Suite 450
Duluth, GA 30096
(770) 736-5182
(FE25,MA4P2)
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Tolliver Estate
Probate Court
of Banks County
Notice
Re: Petition of EUNICE KRISTINE TOLLIVER to probate in solemn form the will of DANNY WAYNE TOLLIVER, deceased, upon which an order for service was granted by this Court on February 17, 2009.
TO: BRET TOLLIVER and any other unknown heir of Danny Wayne Tolliver and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before March 23, 2009, by 10:00 a.m.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate 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: Vicki Dalton
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE25,MA4,11,18P4)
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Anderson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Q.D. ANDERSON, 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 12th day of February, 2009.
Winnie Ann Anderson Allen
Executor/Administrator
1709 Historic Homer Hwy.
Commerce, GA 30529
(FE18,25,MA4,11P4)
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Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, 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 March 6, 2009. 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
(FE11,18,25,MA4P4)
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McClure Estate
Notice to Debtors and Creditors
All creditors of the Estate of WILLIAM HOWARD MCCLURE, SR., 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 22 day of January, 2009.
James McClure
Executor/Administrator
1397 GA Hwy. 164
Commerce, GA 30529
(FE4,11,18,25P4)
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White Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHN LAFAYETTE (J.L.) WHITE, 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 22 day of January, 2009.
Carolyn Mote and Brenda Webb
Executors/Administrators
2494 Hwy. 51 S
Lula, GA 30554
(FE4,11,18,25P4)
Banks County Public Records 02-18-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, 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 of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia 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 March, 2009, 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 City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., 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 Carla Odette AKA Carla R. Odette and Shawn M. Odette 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.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /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.
(FE4,11,18,25B/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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., 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.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
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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 Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, 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 March, 2009, 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 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson 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 David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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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 Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
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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 ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) 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 March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, March 3, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
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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 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 3/3/09
Our file no. 5206209-FT4
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.
(FE4,11,18,25B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of SUPERIOR BANK FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger 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 March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. 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 Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant 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.
Bank of America, National Association as successor by merger 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 March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 3/3/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(FE5,12,19,25B/12062-70T1P) [Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, 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 of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia 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 March, 2009, 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 City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., 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 Carla Odette AKA Carla R. Odette and Shawn M. Odette 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.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /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.
(FE4,11,18,25B/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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. 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 Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., 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.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
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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 Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, 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 March, 2009, 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 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson 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 David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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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 Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
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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 ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) 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 March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
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 ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, 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, March 3, 2009, 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, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, 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 Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
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 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 Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: Countrywide Home Loans, 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.
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/wa2 3/3/09
Our file no. 5206209-FT4
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.
(FE4,11,18,25B/12062-70T1P)
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 JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of SUPERIOR BANK FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger 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 March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), 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 March, 2009, 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 attorneys fees (notice of intent to collect attorneys 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. 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 Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant 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.
Bank of America, National Association as successor by merger 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 March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 3/3/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(FE5,12,19,25B/12062-70T1P) [Full Story »]


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