Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Tract Two:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04764
(JU7,14,21,28B/224-50)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04415
(JU7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, August 3, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivision, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Pages 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, Page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, Page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 3, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
[Full Story »]
Entries by Betty Small
Banks County Public Records 07-07-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Tract Two:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04764
(JU7,14,21,28B/224-50)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04415
(JU7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, August 3, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivision, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Pages 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, Page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, Page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 3, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CORY B ALMOND AND KIMBERLY D ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and , BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 207, GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: CORY B ALMOND AND KIMBERLY D ALMOND or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for CORY B ALMOND AND KIMBERLY D ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187430381
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JU7,14,21,28B/19564-70)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by DAVID TOLAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FIRST FRANKLIN a Division of National City Bank dated 8/17/2006 and recorded in Deed Book 287 Page 537, Banks County, Georgia records; as last transferred to Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 255,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
Tract One:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 7.10 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar by Max Lewallen, Registered Surveyor dated December 12, 1994, recorded in Plat Book 19, Page 82 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Tract Two:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less as more particularly shown on a plat of survey prepared for David D. Tolar and Edna Tolar by Max Lewallen, Registered Surveyor dated January 5, 1995, recorded in Plat Book 24, Page 14 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is commonly known as 290 Charity Road, Homer, Georgia 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): David D. Tolar or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15 Mortgage Pass-Through Certificates, Series 2006-FF15 as agent and Attorney in Fact for David Tolar
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from EDWARD G. STURGILL to COMMUNITY BANK AND TRUST dated 03/22/2005, and recorded 03/24/2005, in Deed Book 255, Pages 626-629, Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in August, 2010 by CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust, as Attorney-in-Fact for Edward G. Sturgill the following described property:
All that tract or parcel of land, with improvements thereon, containing 0.87 acres, more or less, in the Bushville (208th) G.M. District of Banks County, Georgia, off U.S. Highway 441, and bounded, now or formerly, as follows: On the North by lands of Bonnie Brewer Massey; on the East by lands of Bill Chambers; on the South by U.S. Highway 441 (right-of-way 100’) and on the West by Webb’s Creek Road.
Said tract of land being more fully described according to a plat of survey by Max Lewallen, Registered Land Surveyor, dated April 13, 1981 and recorded in Plat Book 8, page 159, Banks County Public Records; said plat and the recordation thereof are by reference incorporated herein as a part of this description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Edward G. Sturgill.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CBT, a Division of SCBT, N.A. as Successor to Community Bank and Trust as Attorney-in-fact for Edward G. Sturgill.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-121
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 346, Page 575, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 8/3/10
Our file no. 5206209-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005 in Plat Book F, Page 18, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July. MR/ste 8/3/10 Our file no. 5206209 - FT10
(JU7,14,21,28B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RICKEY E. SHERIDAN and KATHY L. SHERIDAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $145,000.00 dated 11/10/2005, and recorded in Deed Book 271, Page 73, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Rickey E. Sheridan and Kathy L. Sheridan the following described property:
All that tract or parcel of land lying and being in the 1580 GMD of Banks County, Georgia, containing 6.729 acres, more or less, as shown on plat of survey dated December 9, 1998, by Roy A. Terrell, R.S., the same being recorded among Bank County, Georgia records in Plat Book 23, Page 157, the same being incorporated herein for a more full and adequate description.
Property known as: 1992 Rock Springs Road, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Rickey E. Sheridan and Kathy L. Sheridan.
CitiMortgage, Inc., as Attorney-in-fact for Rickey E. Sheridan and Kathy L. Sheridan.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04764
(JU7,14,21,28B/224-50)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JANE M. HARDMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $132,000.00 dated 12/19/2002, and recorded in Deed Book 214, Page 769, Banks County Records, said Security Deed being last transferred and assigned to U.S. Bank, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2010 by U.S. Bank, N.A., as Attorney-in-Fact for Jane M. Hardman the following described property:
All that tract or parcel of land lying and being in the 265th G.M.D., Banks County, Georgia, containing 15.00 acres, being more fully shown and described on a Plat of Survey dated March 26, 1992, prepared by Max Lewallen, Registered Surveyor, for Jane Hardman, recorded in Banks County, Georgia Records in Plat Book 17, at Page 60. Said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: On the North by lands of Leon Ray; On the East by lands of Chambers, Hardman, a dirt road and property of Otis and Jimmie Ray; On the South by Co. Paved Road # 240; and on the West by lands of Brown. * Minus less and except in Deed 148/787.
Property known as: 206 Lynn Drive, Homer, GA 30547
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jane M. Hardman.
U.S. Bank, N.A., as Attorney-in-fact for Jane M. Hardman.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04415
(JU7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J. ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J. Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J. Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 8/3/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 8/3/10 Our file no. 5466208 - FT17
(JU7,14,21,28B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, August 3, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivision, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Pages 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, Page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, Page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JU7,14,21,28P4)
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Notice of Sale
State of Georgia, County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. KIDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 24, 2008, and recorded in Deed Book 331, Page 824, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Bank DBA Regions Mortgage, by Assignment, securing a Note in the original principal amount of $250,087.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 3, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 13.54 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded at Plat Book 14, Page 197, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Less and except:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and being that 0.57 acres, more or less, as more particularly shown on a plat of survey prepared for Charles L. Thompson by G. Brian Slate, Registered Surveyor, dated March 26, 2002, recorded at Plat Book 27, Page 10, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference of a more detailed description.
Said property is known as 220 Mintz Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Timothy M. Kidd, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy M. Kidd, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Timothy M. Kidd
File no. 09-017201
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU7,14,21,28B/1323-70T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from ALYSSA CANDACE VAUGHN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated February 14, 2008 and recorded on February 19, 2008, in Deed Book 321, Pages 47-51, Banks County, Georgia Records. This Security Deed secures a Note dated February 26, 2009 in the original principal amount of $89,100.84, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th District, G.M., Banks County, Georgia, and containing 9.02 acres, more or less, as shown on a plat of survey prepared for Horace Dean Lewallen by Richard Holcomb, Registered Surveyor Number 2733, dated December 12, 2007, recorded in Plat Book 31, Page 166, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to Protective Covenants on Warranty Deed recorded in Deed Book 118, Page 457, Banks County, Georgia Deed Records, and/or any restrictions and/or covenants of record, if any, easements of record and existing easements and right-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Alyssa Candace Vaughn and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Alyssa Candace Vaughn.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ––, As Attorney-in-fact for: Alyssa Candace Vaughn
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JU7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from BOBBY COOK to UNITED COMMUNTIY BANK, dated January 21, 2004, recorded February 9, 2004, in Deed Book 230, Page 856, Banks County, Georgia Records, as last modified by Modification of Security Deed dated May 22, 2009, recorded in Deed Book 341, Page 67, Banks County, Georgia records, said Security Deed being given to secure a Note from BOBBY COOK dated May 22, 2009, in the original principal amount of FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND 53/100 ($40,697.53) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hills District, G.M., and located within the incorporate limits of the Town of Alto, Georgia, and bounded now or formerly by lands of B.W. Cook, William Chosewood, and Wheeler Street and being a part of the tract of land known as the J. O. Nunn Property and described as follows: Beginning at a point and road front 150 feet southeast; thence 150 feet North of Chosewood Line; thence 105 feet west on B.W. Cook line; thence 104 feet South back to the point of beginning on road, containing 16,029 Sq feet, more or less.
This is the same property acquired by Ruth Baker under the Last Will & Testament of Edd Baker, deceased, said will being probated in Banks County, Georgia.
Subject to Restrictions, reservations, Easements, covenants, Oil, Gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY COOK or a tenant or tenants.
UNITED COMMUNTIY BANK, as attorney in Fact for BOBBY COOK
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02226
(JU7,14,21,28B/16022-60T1P)
[Full Story »]
Banks County Public Records 06-30-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MATTHEW J. DAVIS and SARAH H. DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2005, in the amount of $65,000.00, and recorded in Deed Book 262, Page 103, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment, the undersigned, Chase Home Finance, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th District, G.M. Banks County, Georgia, and being more particularly described as follows:
Beginning at an iron corner common to lands now or formerly of Fred Johnson on the Southerly side of the Right of Way of Georgia Highway 105; thence South 24 degrees 45 minutes East 300 feet along the line of lands of Fred Johnson to an iron pin corner common to lands now or formerly of T.R. Wlibanks; thence South 76 degrees 25 minutes West 622 feet along the line of lands of Wilbanks to iron pin corner; thence North 3 degrees 55 minutes West 250 feet along the line of lands of Lamon Galloway to an iron pin corner in an old road; thence North 83 degrees 40 minutes West 250 feet along the line of lands of Duckett Brock to the point where the center of the old road intersects the Southerly Right of Way of Georgia Highway 105; thence North 75 degrees 23 minutes East 250 feet along said Right of Way to corner; thence along the curvature of said Right of Way, the traverse of the curve being North 80 degrees 07 minutes East 509.2 feet, to the point of Beginning, containing 4.26 acres, more or less, and being the land conveyed by Warranty Deed form T.R. Wilbanks to John Williams, dated June 20, 1973, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 2, Page 221.
which has the property address of 806 GA Hwy 105, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Matthew J. Davis and Sarah H. Davis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Chase Home Finance, LLC Attorney in Fact for Matthew J. Davis and Sarah H. Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-09769 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-70)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MATTHEW J. DAVIS and SARAH H. DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2005, in the amount of $65,000.00, and recorded in Deed Book 262, Page 103, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment, the undersigned, Chase Home Finance, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th District, G.M. Banks County, Georgia, and being more particularly described as follows:
Beginning at an iron corner common to lands now or formerly of Fred Johnson on the Southerly side of the Right of Way of Georgia Highway 105; thence South 24 degrees 45 minutes East 300 feet along the line of lands of Fred Johnson to an iron pin corner common to lands now or formerly of T.R. Wlibanks; thence South 76 degrees 25 minutes West 622 feet along the line of lands of Wilbanks to iron pin corner; thence North 3 degrees 55 minutes West 250 feet along the line of lands of Lamon Galloway to an iron pin corner in an old road; thence North 83 degrees 40 minutes West 250 feet along the line of lands of Duckett Brock to the point where the center of the old road intersects the Southerly Right of Way of Georgia Highway 105; thence North 75 degrees 23 minutes East 250 feet along said Right of Way to corner; thence along the curvature of said Right of Way, the traverse of the curve being North 80 degrees 07 minutes East 509.2 feet, to the point of Beginning, containing 4.26 acres, more or less, and being the land conveyed by Warranty Deed form T.R. Wilbanks to John Williams, dated June 20, 1973, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 2, Page 221.
which has the property address of 806 GA Hwy 105, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Matthew J. Davis and Sarah H. Davis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Chase Home Finance, LLC Attorney in Fact for Matthew J. Davis and Sarah H. Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-09769 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-70)
[Full Story »]
Banks County Public Records 06-23-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
10-00980946
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MATTHEW J. DAVIS and SARAH H. DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2005, in the amount of $65,000.00, and recorded in Deed Book 262, Page 103, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment, the undersigned, Chase Home Finance, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th District, G.M. Banks County, Georgia, and being more particularly described as follows:
Beginning at an iron corner common to lands now or formerly of Fred Johnson on the Southerly side of the Right of Way of Georgia Highway 105; thence South 24 degrees 45 minutes East 300 feet along the line of lands of Fred Johnson to an iron pin corner common to lands now or formerly of T.R. Wlibanks; thence South 76 degrees 25 minutes West 622 feet along the line of lands of Wilbanks to iron pin corner; thence North 3 degrees 55 minutes West 250 feet along the line of lands of Lamon Galloway to an iron pin corner in an old road; thence North 83 degrees 40 minutes West 250 feet along the line of lands of Duckett Brock to the point where the center of the old road intersects the Southerly Right of Way of Georgia Highway 105; thence North 75 degrees 23 minutes East 250 feet along said Right of Way to corner; thence along the curvature of said Right of Way, the traverse of the curve being North 80 degrees 07 minutes East 509.2 feet, to the point of Beginning, containing 4.26 acres, more or less, and being the land conveyed by Warranty Deed form T.R. Wilbanks to John Williams, dated June 20, 1973, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 2, Page 221.
which has the property address of 806 GA Hwy 105, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Matthew J. Davis and Sarah H. Davis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Chase Home Finance, LLC Attorney in Fact for Matthew J. Davis and Sarah H. Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-09769 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY R. PURSLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 3, 2006, recorded in Deed Book 273, Page 587, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-TWO THOUSAND SIX HUNDRED FORTY AND 0/100 DOLLARS ($92,640.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy R. Pursley or a tenant or tenants and said property is more commonly known as 146 Mintz Road, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, NA as Attorney in Fact for Timothy R. Pursley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rjt 7/6/10 Our file no. 53197609-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Charles Jones & Maxine Jones by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded in Plat Book 13, Page 202, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also conveyed herewith is a 1994 Oak Knoll Mobile Home, Serial Number GAFLR34A19298-OH10 and GAFLR34B19298-OH10, which is permanently attached to and made a part of the real property. MR/rjt 7/6/10
(JN9,16,23,30B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
10-00980946
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MATTHEW J. DAVIS and SARAH H. DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2005, in the amount of $65,000.00, and recorded in Deed Book 262, Page 103, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment, the undersigned, Chase Home Finance, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th District, G.M. Banks County, Georgia, and being more particularly described as follows:
Beginning at an iron corner common to lands now or formerly of Fred Johnson on the Southerly side of the Right of Way of Georgia Highway 105; thence South 24 degrees 45 minutes East 300 feet along the line of lands of Fred Johnson to an iron pin corner common to lands now or formerly of T.R. Wlibanks; thence South 76 degrees 25 minutes West 622 feet along the line of lands of Wilbanks to iron pin corner; thence North 3 degrees 55 minutes West 250 feet along the line of lands of Lamon Galloway to an iron pin corner in an old road; thence North 83 degrees 40 minutes West 250 feet along the line of lands of Duckett Brock to the point where the center of the old road intersects the Southerly Right of Way of Georgia Highway 105; thence North 75 degrees 23 minutes East 250 feet along said Right of Way to corner; thence along the curvature of said Right of Way, the traverse of the curve being North 80 degrees 07 minutes East 509.2 feet, to the point of Beginning, containing 4.26 acres, more or less, and being the land conveyed by Warranty Deed form T.R. Wilbanks to John Williams, dated June 20, 1973, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 2, Page 221.
which has the property address of 806 GA Hwy 105, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Matthew J. Davis and Sarah H. Davis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Chase Home Finance, LLC Attorney in Fact for Matthew J. Davis and Sarah H. Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-09769 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY R. PURSLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 3, 2006, recorded in Deed Book 273, Page 587, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-TWO THOUSAND SIX HUNDRED FORTY AND 0/100 DOLLARS ($92,640.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy R. Pursley or a tenant or tenants and said property is more commonly known as 146 Mintz Road, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, NA as Attorney in Fact for Timothy R. Pursley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rjt 7/6/10 Our file no. 53197609-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Charles Jones & Maxine Jones by Clelland A. Tyson, Registered Surveyor, dated March 24, 1988, recorded in Plat Book 13, Page 202, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also conveyed herewith is a 1994 Oak Knoll Mobile Home, Serial Number GAFLR34A19298-OH10 and GAFLR34B19298-OH10, which is permanently attached to and made a part of the real property. MR/rjt 7/6/10
(JN9,16,23,30B/12062-70T1P)
[Full Story »]
Banks County Public Records 06-16-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
10-00980946
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded, is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
LESS AND EXCEPT
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Berks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN9,16,23,30B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
10-00980946
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded, is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
LESS AND EXCEPT
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Berks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN9,16,23,30B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in July, 2010, to-wit: July 6, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
536745v1
007819-000355
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1328-50)
[Full Story »]
Banks County Public Records 06-09-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARY M. JASTRZEMSKI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for CORNERSTONE LENDERS LLC. , dated October 10, 2006, recorded in Deed Book 291, Page 579, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-6 by assignment recorded in Deed Book 340, Page 561, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the 912 G.M.D. of Banks County, Georgia consisting of 0.68 acres, all as more fully shown by Plat of survey by Bartlett & Cash Land Surveyors, Inc., dated October 20, 1992, recorded in Plat Book 17, Folio 154, in the office of the clerk of Superior Court of Banks County, Georgia, said Plat being referred to and incorporated herein for a more complete description. APN B17-132 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 Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Saxon Mortgage Services, Inc. can be contacted at 888-325-3502 or by writing to 4708 Mercantile Drive North, Fort Worth, TX 76137, 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 Mary M. Jastrzemski or a tenant or tenants and said property is more commonly known as 2968 GA Hwy. 51, 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. Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-6 as Attorney in Fact for Mary M. Jastrzemski Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 7/6/10 Our file no. 1226009-FT1
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
10-00980946
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded, is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
LESS AND EXCEPT
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Berks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN9,16,23,30B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOEL S. LAWSON to WELLS FARGO BANK, NA, dated August 15, 2007, recorded in Deed Book 311, Page 444, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND 0/100 DOLLARS ($138,792.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Joel S. Lawson or a tenant or tenants and said property is more commonly known as 196 Ridgeland Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Joel S. Lawson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/aet 7/6/10
Our file no. 52194909-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 18, Block A of Ridgeland Subdivision, according to that final Plat for Ridgeland prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/aet 7/6/10 Our file no. 52194909 - FT5
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARY M. JASTRZEMSKI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for CORNERSTONE LENDERS LLC. , dated October 10, 2006, recorded in Deed Book 291, Page 579, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-6 by assignment recorded in Deed Book 340, Page 561, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the 912 G.M.D. of Banks County, Georgia consisting of 0.68 acres, all as more fully shown by Plat of survey by Bartlett & Cash Land Surveyors, Inc., dated October 20, 1992, recorded in Plat Book 17, Folio 154, in the office of the clerk of Superior Court of Banks County, Georgia, said Plat being referred to and incorporated herein for a more complete description. APN B17-132 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 Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Saxon Mortgage Services, Inc. can be contacted at 888-325-3502 or by writing to 4708 Mercantile Drive North, Fort Worth, TX 76137, 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 Mary M. Jastrzemski or a tenant or tenants and said property is more commonly known as 2968 GA Hwy. 51, 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. Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-6 as Attorney in Fact for Mary M. Jastrzemski Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 7/6/10 Our file no. 1226009-FT1
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Walter G. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Rd., Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnu 7/6/10
Our file no. 1290310-FT3
(JN9,16,23,30B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SCOTT KEENAN HIGHFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 11, 2005, recorded in Deed Book 259, Page 475, Banks County, Georgia Records and as re-recorded in Deed Book 283, Page 114, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 351, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($68,157.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Keenan Highfield or a tenant or tenants and said property is more commonly known as 170 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Scott Keenan Highfield
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 7/6/10
Our file no. 51116710-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 3 of New Image Subdivision, a per plat recorded in Plat Book C, Page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/abw 7/6/10 Our file no. 51116710 - FT11
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW GEE and Jessica M. Carlson to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORP., dated August 29, 2008, recorded in Deed Book 330, Page 744, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND 0/100 DOLLARS ($127,398.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 26, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew Gee and Jessica M. Carlson or a tenant or tenants and said property is more commonly known as 123 Ridgeland Ct., Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Matthew Gee and Jessica M. Carlson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 7/6/10
Our file no. 1323510-FT3
(JN9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by EUGENE WORLEY and SHIRLEY WORLEY to AMERIQUEST MORTGAGE COMPANY dated May 25, 2005, in the amount of $78,000.00, and recorded in Deed Book 259, Page 532, Banks County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 by assignment, the undersigned, U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Tract 1:
All that tract or parcel of land lying and being in the 912 District, G.M. (Poplar Springs) of Banks County, Georgia, and being more particularly described according to plat of survey made by Roy A. Terrell & Associated under date of January 11, 1974, a copy of said plat being of record in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book ___, Page ___, as follows: beginning at an iron pin corner on the Easterly side of the Right of Way of Lula-Gillsville Road, said corner being approximately one (1) mile South of State Highway No. 51, said beginning point being located North 40 Degrees 20 Minutes East 458 feet from the center of the Northerly end of a 3 foot metal culvert in the creek, thence North 31 Degrees 04 Minutes East 100 feet along said Right of Way, thence North 30 Degrees 44 Minutes East 100 feet along said Right of Way to an iron pin corner, thence South 52 Degrees 52 Minutes East 174 feet to an iron pin corner, thence South 30 Degrees 56 Minutes West 201.43 feet to an iron pin corner, thence North 52 Degrees 31 Minutes West 174 feet to the Point of Beginning, containing 0.7953 acres, more or less
Tract 2:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 2.62 acres, being more fully shown on a plat survey dated April 14, 1986 by Max Lewallen, registered surveyor for Eugene Worley, bounded on North, East, and South by Gail Rylee, and on the West by Paved county road. Said plat is recorded in Banks County Records of the clerk, Superior Court in Plat Book 11, Page 123, to which reference is made for a more detailed description of said property. The above described property is a portion of those lands described in a Warranty Deed form D.W. Rogers to Gail Rylee dated December 19, 1983 recorded in Bank County Records in Deed Book 30, Page 517.
Tract 3:
All that tract or parcel of land lying and being in the 912th G.M.D., Banks County, Georgia, containing 3.437 acres, being more fully shown and described on a plat of survey dated July 19, 1990, prepared by Warren Kelley, Registered Surveyor #2199, for Eugene Worley, recorded in the records of clerk of Banks County, Georgia Superior Court in Plat Book 15, at Page 166. Said plat is incorporated herein by reference for a more detailed description of said property. Said tract is bounded according to said plat as follows: on the Northwest by lands of Worley, on the Northeast by Lands of Rylee, on the Southeast by lands of Sutton.
which has the property address of 457 Antioch Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Eugene Worley and Shirley Worley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates 2005-9 Attorney in Fact for Eugene Worley and Shirley Worley
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-01512 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN9,16,23,30B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIM J. DYKES and CARIE L. DYKES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 312, Page 347, Banks County, Georgia Records, as last transferred to Household Finance Corp II by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($104,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in July, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Corporation, 2929 Walden Avenue, Depew, NY 14043, 716-651-5515. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Tim J. Dykes and Carie L. Dykes or a tenant or tenants and said property is more commonly known as 4 Comer Street, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Household Finance Corp II as Attorney in Fact for Tim J. Dykes and Carie L. Dykes
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 7/6/10
Our file no. 51740510-FT8
EXHIBIT “A”
10-00980946
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 18, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 23, Page 22. Said plat as recorded, is hereby referenced for more detailed description of said property, subject to existing easements for public roads and utilities now in use. Being the same property conveyed to Tim J. Dykes by deed from Interbay Funding, LLC recorded 05/13/2004 in Deed Book 236 Page 803, in the Office of the Clerk of the Superior Court of Banks County, Georgia. MR/kmh 7/6/10 Our file no. 51740510 - FT8
(JN9,16,23,30B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded, is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
LESS AND EXCEPT
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Berks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN9,16,23,30B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from APPLE PIE RIDGE PROPERTIES, LLC to BRANCH BANKING & TRUST COMPANY, dated October 26, 2009, and recorded in Deed Book 346, Page 616, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Banks County, Georgia, within the legal hours of sale on Tuesday, July 6, 2010, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Apple Pie Ridge Properties, LLC or a tenant or tenants, and said property is more commonly known as 87 Lots in Apple Pie Ridge Subdivsion, BANKS COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
Branch Banking & Trust Company
Attorney in Fact for Apple Pie Ridge Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 7, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, recorded in Plat Book F, Page 159-161, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this description.
Lot 1 containing 1.150 acres, more or less; Lot 2 containing 1.012 acres, more or less; Lot 3 containing 1.012 acres, more or less; Lot 4 containing 1.007 acres, more or less;
Lot 5 containing 1.142 acres, more or less; Lot 6 containing 1.989 acres, more or less;
Lot 7 containing 2.010 acres, more or less; Lot 8 containing 1.486 acres, more or less;
Lot 9 containing 1.001 acres, more or less; Lot 10 containing 1.000 acres, more or less;
Lot 11 containing 1.771 acres, more or less; Lot 12 containing 1.189 acres, more or less;
Lot 13 containing 1.146 acres, more or less, Lot 14 containing 1.186 acres, more or less; Lot 15 containing 1.029 acres, more or less; Lot 16 containing 1.000 acres, more or less; Lot 17 containing 1.003 acres, more or less; Lot 18 containing 1.001 acres, more or less; Lot 19 containing 1.000 acres, more or less; Lot 20 containing 1.000 acres, more or less;
Lot 21 containing 1.001 acres, more or less; Lot 22 containing 1.000 acres, more or less;
Lot 23 containing 1.001 acres, more or less; Lot 24 containing 1.033 acres, more or less; Lot 25 containing 1.000 acres, more or less; Lot 26 containing 1.137 acres, more or less;
Lot 27 containing 1.260 acres, more or less; Lot 28 containing 2.253 acres, more or less; Lot 29 containing 4.481 acres, more or less; Lot 30 containing 2.875 acres, more or less;
Lot 31 containing 2.634 acres, more or less; Lot 32 containing 3.136 acres, more or less; Lot 33 containing 3.805 acres, more or less; Lot 34 containing 2.532 acres, more or less; Lot 35 containing 2.089 acres, more or less; Lot 36 containing 1.016 acres more or less.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 448 and 1580 GMD District, Banks County, Georgia, and being the Lot 29, Phase 7, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated January 15, 2008, and recorded in Plat Book G, pages 79-83, of the Banks County, Georgia Records as released by that certain Quit Claim Deed recorded in Deed Book 324, page 604, Banks County, Georgia Deed Records.
Tract Two
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, GMD 1580, Banks County, Georgia, and being Lots 1-17 of the Apple Pie Ridge Subdivision, phase 8, as shown on that final plat of survey dated April 12, 2007, and prepared for Apple Pie Ridge Properties, LLC, by Davidson Land Surveying, Inc. (E.G. (Eddie) Davidson), Georgia Registered Land Surveyor No. 2586. A copy of said plat is recorded in Plat Book F, pages 159-161, Banks County, Georgia Plat Records for a more complete and accurate description of said property.
Less and Except:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District, Banks County, Georgia, and being the Lot 10, Phase 8, of Apple Pie Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated April 12, 2007, and recorded in Plat Book F, pages 159-161, of the Banks County, Georgia Records as shown on that certain Warranty Deed dated April 21, 2009, and recorded in Deed Book 339, page 38, Banks County, Georgia Deed Records.
Tract Three:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 27, 2009, recorded in Plat Book G, Page 163, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 1.682 acres, more or less; Lot 2 containing 1.083 acres, more or less; Lot 3 containing 1.337 acres, more or less; Lot 4 containing 2.555 acres, more or less;
Lot 5 containing 1.072 acres, more or less; Lot 6 containing 1.090 acres, more or less;
Lot 7 containing 1.144 acres, more or less; Lot 8 containing 1.069 acres, more or less;
Lot 9 containing 1.012 acres, more or less; Lot 10 containing 1.030 acres, more or less;
Lot 11 containing 1.045 acres, more or less; Lot 12 containing 1.567 acres, more or less;
Lot 13 containing 1.567 acres, more or less.
Tract Four:
All that tract or parcel of land lying and being in the 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 9, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 164, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 1 containing 0.920 acres, more or less; Lot 2 containing 0.993 acres, more or less; Lot 3 containing 1.723 acres, more or less; Lot 4 containing 1.466 acres, more or less;
Lot 5 containing 0.986 acres, more or less; Lot 6 containing 1.003 acres, more or less;
Lot 7 containing 1.186 acres, more or less; Lot 8 containing 0.878 acres, more or less;
Lot 9 containing 0.995 acres, more or less; Lot 10 containing 1.464 acres.
Tract Five:
All that tract or parcel of land lying and being in Land Lots 210 and 211 of the 10th Land District and 1580 GMD District, Banks County, Georgia, and being the following lots of Phase 10, of Apple Ridge Properties, LLC, as per plat of record, prepared by Davidson Land Surveying, Inc. dated September 14, 2009, recorded in Plat Book G, Page 162, of the Banks County, Georgia Records, said plat being incorporated herein by reference and made a part of this legal description.
Lot 11 containing 1.289 acres, more or less; Lot 12 containing 1.188 acres, more or less;
Lot 13 containing 2.214 acres, more or less; Lot 14 containing 2.292 acres, more or less;
Lot 15 containing 3.676 acres, more or less; Lot 16 containing 4.255 acres, more or less;
Lot 17 containing 2.016 acres, more or less; Lot 18 containing 1.349 acres, more or less;
Lot 19 containing 0.784 acres, more or less; Lot 20 containing 1.394 acres, more or less;
Lot 21 containing 1.843 acres, more or less; Lot 22 containing 1.368 acres, more or less;
Lot 23 containing 1.553 acres, more or less
(JN9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from JERRY LEWIS SHULER to NORTHEAST GEORGIA BANK dated April 6, 2007, and recorded on April 12, 2007, in Deed Book 303, Pages 334-338, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2007 in the original principal amount of $1,138,296.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in 208th GMD, Banks County, GA containing .409 acres, more or less, according to plat of survey prepared for Craven 441 Properties, L.P. by Max Lewallen, Ga. Reg. Sur. Dated September 30, 2003 and being more particularly described according to said survey as follows:
To find the point of beginning, begin at right-f-way monument found at the intersection of the Westerly right-of-way of US Hwy 41 and the Southerly right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin found on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set on the Westerly right-of-way of US Hwy 441 being the Point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds West 315.94 feet to an iron pin set at base of concrete slab; thence North 27 degrees 27 minutes 00 seconds West 56.47 feet to an iron pin set; thence North 65 degrees 10 minutes 50 seconds East 64.02 feet to in iron pin set; thence North 65 degrees 09 minutes 10 seconds East 256.46 feet to an iron pin set on the Westerly right-of-way of US hwy 441 being the point of beginning.
Also conveyed is a non-exclusive perpetual easement for ingress-egress and parking over that certain property shown as “Easement Tract” on above-referenced plat containing 0.310 acre, more or less and being more particularly described according to said plat as follows:
To find the point of beginning, begin at a right-of-way monument found at the intersection of the Western right of way of US Hwy 441 and the Southern right-of-way of I-85; thence South 22 degrees 29 minutes 50 seconds East 1134.47 feet to an iron pin set on the Westerly right-of-way of US Hwy 441; thence continuing along said right-of-way South 21 degrees 47 minutes 20 seconds East 101.21 feet to an iron set; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 55.67 feet to an iron pin set being the point of beginning; thence continuing along said right-of-way South 22 degrees 49 minutes 00 seconds East 59.48 fee to a concrete pole; thence leaving said right-of-way South 65 degrees 01 minutes 05 seconds 226.28 feet to a point; thence North 23 degrees 51 minutes 05 seconds West 59.45 feet to a point; thence North 65 degrees 01 minutes 05 seconds East 227.36 feet to an iron pin set on the Westerly right-of-way of US Hwy 441 being the point of beginning.
Special Stipulations: The Property shall not be used as an Adult Entertainment Establishment (as defined in The Code of Banks County, GA as of the date of this deed into the Purchaser), Lingerie Modeling Studio or Business, Massage Business or Tattoo Business.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jerry Lewis Shuler and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jerry Lewis Shuler.
NORTHEAST GEORGIA BANK
As Attorney-in-fact for: Jerry Lewis Shuler
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JN9,16,23,30P4)
[Full Story »]
Banks County Public Records 05-26-10
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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 L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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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 that certain Deed to Secure Debt given by JOE MOONEY (a/k/a Joe C. Mooney) and JUDY T. MOONEY (a/k/a Judy Mooney) (collectively, the “Grantor”) to SUNTRUST BANK, successor-by-merger to MOUNTAIN STATE BANK (the “Lender”) dated January 3, 2007, and recorded January 15, 2007, in Deed Book 297, Pages 526-528, Banks County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated April 30, 2008 made payable by Joe Mooney to the order of Lender in the maximum principal amount of $400,000.00, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, collectively hereinafter collectively referred to as the “Secured Indebtedness”), 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 June 2010 (being June 1, 2010) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:
All that tract or parcel of land lying and being in the 912th District, Banks County, Georgia, being designated as Tract 2, containing 25.00 acres, all as more fully shown on plat of survey prepared by Wood Brothers Land Surveyors, Inc., Registered Land Surveyor, recorded in Plat Book F, Page 120, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
Said tract being bounded on the north by other lands of Rogers; on the east by right of way of Rogers Road; on the south by other lands of Rogers and on the west by lands of Stowers.
The above-described property is improved property located at 550 Antioch Road, Lula, Banks County, Georgia 30554, according to the present system of numbering property in Banks County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it.
SUNTRUST BANK, Attorney-in-Fact and Agent for Joe Mooney and Judy T. Mooney
Erin K. Richardson
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: erichard@burr.com
(404) 815-3000
(404) 214-7936
B&F File No. 20086-22
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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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 that certain Real Estate Deed to Secure Debt given by JOE MOONEY (a/k/a Joe C. Mooney) and JUDY T. MOONEY (a/k/a Judy Mooney) (collectively, the “Grantor”) to SUNTRUST BANK, successor-by-merger to MOUNTAIN STATE BANK (the “Lender”) dated June 25, 2003 and recorded July 21, 2003 in Deed Book 219, Pages 79-86, Banks County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated April 30, 2008 made payable by Grantor to the order of Lender in the maximum principal amount of $101,484.50, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, collectively hereinafter collectively referred to as the “Secured Indebtedness”), 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 June 2010 (being June 1, 2010) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia and designated as Tract No. 4, containing 33.547 acres, more or less, as shown and delineated by a plat of survey entitled, “Property of Grady Saxon”, dated March 14, 1981, prepared by Jimmy D. Bullock & Associates, certified by Jimmy D. Bullock, Georgia Registered Surveyor No. 1765, said plat being of record in the Office of the Superior Court of Banks County, Georgia, in Plat Book 8, Page 160. Said plat is incorporated herein by reference for a more complete description.
LESS AND EXCEPT from the above described property that portion of the property conveyed by certain Warranty Deed from Joe Mooney and Judy Mooney to Milton R. Turner and Wreatha L. Turner, dated July 31, 2008, filed for record August 6, 2008 at 10:23 a.m. recorded in Deed Book 329, Page 404, Records of Banks County, Georgia.
The above-described property is improved property located at 559 Antioch Road, Lula, Banks County, Georgia 30554, according to the present system of numbering property in Banks County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through them.
SUNTRUST BANK, Attorney-in-Fact and Agent for Joe Mooney and Judy Mooney
Erin K. Richardson
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: erichard@burr.com
(404) 815-3000
(404) 214-7936
B&F File No. 20086-22
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
State of Georgia
County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by WANDA C. MOODY AND BOBBY MOODY to REGIONS BANK DBA REGIONS MORTGAGE dated September 24, 2007, and recorded in Deed Book 313, Page 224, Banks County Records, securing a Note in the original principal amount of $69,600.00, 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, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia and being designated as Tract No. 1, containing 1.444 acres, more or less, as shown on a plat of survey prepared by Roy A. Terrell, R.L.S, dated February 20, 1995 and being recorded among Banks County, Georgia Records in Plat Book A, Page 127, said plat being incorporated herein by reference for a more full and complete descripion. SUBJECT to the rights of ingress and egress over and across as a twelve (12) foot easement as shown on the plat of survey hereinabove described, which easement is in favor of Tract No. 2 as shown on said plat owned by George Jones, and which easement shall inure to the benefit of his heirs, executors, administrators and assigns.
Said property is known as 1987 Apple Pie Ridge Road, Alto, GA 30510, 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 Wanda C. Moody and Bobby Moody, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Wanda C. Moody aka Wanda Moody, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Wanda C. Moody and Bobby Moody; their successor in title being Wanda C. Moody aka Wanda Moody
File no. 10-002303
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,2,19,26B/1323-60T1P)
[Full Story »]
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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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 that certain Deed to Secure Debt given by JOE MOONEY (a/k/a Joe C. Mooney) and JUDY T. MOONEY (a/k/a Judy Mooney) (collectively, the “Grantor”) to SUNTRUST BANK, successor-by-merger to MOUNTAIN STATE BANK (the “Lender”) dated January 3, 2007, and recorded January 15, 2007, in Deed Book 297, Pages 526-528, Banks County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated April 30, 2008 made payable by Joe Mooney to the order of Lender in the maximum principal amount of $400,000.00, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, collectively hereinafter collectively referred to as the “Secured Indebtedness”), 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 June 2010 (being June 1, 2010) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:
All that tract or parcel of land lying and being in the 912th District, Banks County, Georgia, being designated as Tract 2, containing 25.00 acres, all as more fully shown on plat of survey prepared by Wood Brothers Land Surveyors, Inc., Registered Land Surveyor, recorded in Plat Book F, Page 120, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
Said tract being bounded on the north by other lands of Rogers; on the east by right of way of Rogers Road; on the south by other lands of Rogers and on the west by lands of Stowers.
The above-described property is improved property located at 550 Antioch Road, Lula, Banks County, Georgia 30554, according to the present system of numbering property in Banks County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it.
SUNTRUST BANK, Attorney-in-Fact and Agent for Joe Mooney and Judy T. Mooney
Erin K. Richardson
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: erichard@burr.com
(404) 815-3000
(404) 214-7936
B&F File No. 20086-22
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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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 that certain Real Estate Deed to Secure Debt given by JOE MOONEY (a/k/a Joe C. Mooney) and JUDY T. MOONEY (a/k/a Judy Mooney) (collectively, the “Grantor”) to SUNTRUST BANK, successor-by-merger to MOUNTAIN STATE BANK (the “Lender”) dated June 25, 2003 and recorded July 21, 2003 in Deed Book 219, Pages 79-86, Banks County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated April 30, 2008 made payable by Grantor to the order of Lender in the maximum principal amount of $101,484.50, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, collectively hereinafter collectively referred to as the “Secured Indebtedness”), 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 June 2010 (being June 1, 2010) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia and designated as Tract No. 4, containing 33.547 acres, more or less, as shown and delineated by a plat of survey entitled, “Property of Grady Saxon”, dated March 14, 1981, prepared by Jimmy D. Bullock & Associates, certified by Jimmy D. Bullock, Georgia Registered Surveyor No. 1765, said plat being of record in the Office of the Superior Court of Banks County, Georgia, in Plat Book 8, Page 160. Said plat is incorporated herein by reference for a more complete description.
LESS AND EXCEPT from the above described property that portion of the property conveyed by certain Warranty Deed from Joe Mooney and Judy Mooney to Milton R. Turner and Wreatha L. Turner, dated July 31, 2008, filed for record August 6, 2008 at 10:23 a.m. recorded in Deed Book 329, Page 404, Records of Banks County, Georgia.
The above-described property is improved property located at 559 Antioch Road, Lula, Banks County, Georgia 30554, according to the present system of numbering property in Banks County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through them.
SUNTRUST BANK, Attorney-in-Fact and Agent for Joe Mooney and Judy Mooney
Erin K. Richardson
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: erichard@burr.com
(404) 815-3000
(404) 214-7936
B&F File No. 20086-22
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
State of Georgia
County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by WANDA C. MOODY AND BOBBY MOODY to REGIONS BANK DBA REGIONS MORTGAGE dated September 24, 2007, and recorded in Deed Book 313, Page 224, Banks County Records, securing a Note in the original principal amount of $69,600.00, 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, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia and being designated as Tract No. 1, containing 1.444 acres, more or less, as shown on a plat of survey prepared by Roy A. Terrell, R.L.S, dated February 20, 1995 and being recorded among Banks County, Georgia Records in Plat Book A, Page 127, said plat being incorporated herein by reference for a more full and complete descripion. SUBJECT to the rights of ingress and egress over and across as a twelve (12) foot easement as shown on the plat of survey hereinabove described, which easement is in favor of Tract No. 2 as shown on said plat owned by George Jones, and which easement shall inure to the benefit of his heirs, executors, administrators and assigns.
Said property is known as 1987 Apple Pie Ridge Road, Alto, GA 30510, 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 Wanda C. Moody and Bobby Moody, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Wanda C. Moody aka Wanda Moody, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Wanda C. Moody and Bobby Moody; their successor in title being Wanda C. Moody aka Wanda Moody
File no. 10-002303
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,2,19,26B/1323-60T1P)
[Full Story »]
Banks County Public Records 05-19-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
[Full Story »]
Banks County Public Records 05-12-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CHARLES CAUDELL and CASEY CAUDELL to FIRST FRANKLIN FINANCIAL CORPORATION, dated September 28, 2004, recorded in Deed Book 247, Page 462, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1 by assignment recorded in Deed Book 345, Page 309, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FIVE THOUSAND AND 0/100 DOLLARS ($145,000.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, 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 Charles Caudell and Casey Caudell or a tenant or tenants and said property is more commonly known as 536 Brown Ridge Road, 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.
Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1 as Attorney in Fact for Charles Caudell and Casey Caudell
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/llb 6/1/10
Our file no. 51989609-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.000 of acres, more or less, as more particularly shown on a plat of survey prepared for Charles Caudell by Barry D. Lord, Registered Surveyor, dated September 26, 2002, recorded at Plat Book D, Page 89, 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. Source of Title: Book 200 Page 815 Recorded: 10/15/2002 APN:20-008 MR/llb 6/1/10 Our file no. 51989609 - FT1
(MY5,12,19,25B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CHARLES CAUDELL and CASEY CAUDELL to FIRST FRANKLIN FINANCIAL CORPORATION, dated September 28, 2004, recorded in Deed Book 247, Page 462, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1 by assignment recorded in Deed Book 345, Page 309, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FIVE THOUSAND AND 0/100 DOLLARS ($145,000.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, 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 Charles Caudell and Casey Caudell or a tenant or tenants and said property is more commonly known as 536 Brown Ridge Road, 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.
Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1 as Attorney in Fact for Charles Caudell and Casey Caudell
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/llb 6/1/10
Our file no. 51989609-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.000 of acres, more or less, as more particularly shown on a plat of survey prepared for Charles Caudell by Barry D. Lord, Registered Surveyor, dated September 26, 2002, recorded at Plat Book D, Page 89, 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. Source of Title: Book 200 Page 815 Recorded: 10/15/2002 APN:20-008 MR/llb 6/1/10 Our file no. 51989609 - FT1
(MY5,12,19,25B/12062-70T1P)
[Full Story »]
Banks County Public Records 05-05-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/12062-70)
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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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) 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 June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., 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 attorney’s 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 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
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.
(MY5,12,19,26P4)
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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/12062-70)
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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and 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 SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the 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 John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/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 that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, 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 June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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 RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
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