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Public Notices
Banks County Public Records 02-16-11
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 GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David 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.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
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
(FE2,9,16,23P4)
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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 SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, 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 Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
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. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
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 Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
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. 11-00527
(FE2,9,16,23B/224-60)
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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 Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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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 NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , 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:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, 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.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, 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 Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /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.
(FE2,9,16,23B/1325-60)
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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 WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems 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.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /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.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 3/1/11 Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th 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 Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /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.
(FE2,9,16,23B/1325-80)
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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 ABRAHAM J PIEMME to NATIONAL CITY MORTGAGE a division of National City Bank of Indiana, dated August 18, 2005, recorded in Deed Book 264, Page 399, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTEEN THOUSAND AND 0/100 DOLLARS ($113,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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: PNC Mortgage, 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is APM Properties LLC or a tenant or tenants and said property is more commonly known as 176 Railroad Ave, 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.
PNC Bank, National Association sbm to National City Mortgage, a division of National City Bank of Indiana as Attorney in Fact for Abraham J Piemme
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kag1 3/1/11
Our file no. 53079710-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 66 of the 4th District, Banks County, (formerly Hall County, GA) fronting on the right of way of the Southern Railway (formerly Atlanta & Charlotte Airline Railway) 200 feet, running back at right angles uniform width 200 feet to Hawthorne Street to Block 11, Lots 1,2,3 and 3 as per plat of I.Y. Sage in the year 1876, between Streets 7 and 8, Banks County, Georgia records. MR/kag1 3/1/11 Our file no. 53079710 - FT1
(FE2,9,16,23B/19698-60T1P)
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 CAROL DE GUEVARA to NORWEST MORTGAGE, INC., dated October 9, 1998, recorded in Deed Book 136, Page 36, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 0/100 DOLLARS ($170,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Carol De Guevara or a tenant or tenants and said property is more commonly known as 2822 Highway 98, 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 SBMT Wells Fargo Home Mortgage Inc.
FKA Norwest Mortgage, Inc. as Attorney in Fact for Carol De Guevara
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 3/1/11
Our file no. 5310602-FT12
EXHIBIT “A”
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD465 of Banks County, Georgia and being more particularly described as follows: Beginning at the center line of the common intersection of west Oak Drive (having a 40 foot Right of Way) and GA. HWY98(having a 100 foot Right of Way) run thence North 38 Degrees 33 minutes west a distance of 50.1 feet to an iron pin set and the point of beginning; Run thence South along the Right of Way line of Ga Hwy 98 48 Degrees 26 Minutes 00 seconds West a distance of 290 feet to a point; Run thence South 47 degrees 26 minute 25 seconds west a distance of 95.64 feet to a point; Run thence south 47 degrees 55 minutes 25 seconds west a distance of 71.90 feet to an iron pin set run thence North 46 degrees 41 minutes 15 seconds west a distance of 614.18 feet to in iron pin found; run thence north 57 degress 19 minutes 00 seconds west to a distance of 200.00 feet to an iron pin set; run thence north 32 degrees 41 minutes 00 seconds east a distance of 125.00 feet to an iron pin set; run thence north 25 degrees 00 minutes 00 seconds a distance of 253.00 feet to an iron pin set; run thence north 28 degrees 22 minutes 20 secibds east a sustabce if 449.94 feet to an iron pin set; run thencesouth 40 degrees 40 minutes 15 seconds east a distance of 156.09 to an iron pin set; run thence south 56 degrees 31 minutes 30 seconds east to a distance of 222.39 feet to an iron pin set; run thence South 34 degrees 43 minutes 50 seconds east to a distance of 717.60 feet to a point; run thence south 34 degrees 43 minutes 50 seconds east a distance of 151.25 feet to an iron pinn set and the point of beginning; Being Tract I containing 1.00 acres and Tract 2 containing 13.0 acres as shown on a plat of survey prepared by MAX LAWALLEN, September 24, 1998 for CAROL de GUEVARA. MR/jj9 3/1/11 Our file no. 5310602 - FT12
(FE2,9,16,23B/19698-90T1P)
[Full Story »]
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 GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David 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.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
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
(FE2,9,16,23P4)
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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 SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, 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 Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
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. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
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 Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
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. 11-00527
(FE2,9,16,23B/224-60)
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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 Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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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 NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , 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:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, 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.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, 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 Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /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.
(FE2,9,16,23B/1325-60)
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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 WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems 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.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /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.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 3/1/11 Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th 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 Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
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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 PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /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.
(FE2,9,16,23B/1325-80)
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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 ABRAHAM J PIEMME to NATIONAL CITY MORTGAGE a division of National City Bank of Indiana, dated August 18, 2005, recorded in Deed Book 264, Page 399, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTEEN THOUSAND AND 0/100 DOLLARS ($113,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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: PNC Mortgage, 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is APM Properties LLC or a tenant or tenants and said property is more commonly known as 176 Railroad Ave, 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.
PNC Bank, National Association sbm to National City Mortgage, a division of National City Bank of Indiana as Attorney in Fact for Abraham J Piemme
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kag1 3/1/11
Our file no. 53079710-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 66 of the 4th District, Banks County, (formerly Hall County, GA) fronting on the right of way of the Southern Railway (formerly Atlanta & Charlotte Airline Railway) 200 feet, running back at right angles uniform width 200 feet to Hawthorne Street to Block 11, Lots 1,2,3 and 3 as per plat of I.Y. Sage in the year 1876, between Streets 7 and 8, Banks County, Georgia records. MR/kag1 3/1/11 Our file no. 53079710 - FT1
(FE2,9,16,23B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROL DE GUEVARA to NORWEST MORTGAGE, INC., dated October 9, 1998, recorded in Deed Book 136, Page 36, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 0/100 DOLLARS ($170,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Carol De Guevara or a tenant or tenants and said property is more commonly known as 2822 Highway 98, 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 SBMT Wells Fargo Home Mortgage Inc.
FKA Norwest Mortgage, Inc. as Attorney in Fact for Carol De Guevara
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 3/1/11
Our file no. 5310602-FT12
EXHIBIT “A”
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD465 of Banks County, Georgia and being more particularly described as follows: Beginning at the center line of the common intersection of west Oak Drive (having a 40 foot Right of Way) and GA. HWY98(having a 100 foot Right of Way) run thence North 38 Degrees 33 minutes west a distance of 50.1 feet to an iron pin set and the point of beginning; Run thence South along the Right of Way line of Ga Hwy 98 48 Degrees 26 Minutes 00 seconds West a distance of 290 feet to a point; Run thence South 47 degrees 26 minute 25 seconds west a distance of 95.64 feet to a point; Run thence south 47 degrees 55 minutes 25 seconds west a distance of 71.90 feet to an iron pin set run thence North 46 degrees 41 minutes 15 seconds west a distance of 614.18 feet to in iron pin found; run thence north 57 degress 19 minutes 00 seconds west to a distance of 200.00 feet to an iron pin set; run thence north 32 degrees 41 minutes 00 seconds east a distance of 125.00 feet to an iron pin set; run thence north 25 degrees 00 minutes 00 seconds a distance of 253.00 feet to an iron pin set; run thence north 28 degrees 22 minutes 20 secibds east a sustabce if 449.94 feet to an iron pin set; run thencesouth 40 degrees 40 minutes 15 seconds east a distance of 156.09 to an iron pin set; run thence south 56 degrees 31 minutes 30 seconds east to a distance of 222.39 feet to an iron pin set; run thence South 34 degrees 43 minutes 50 seconds east to a distance of 717.60 feet to a point; run thence south 34 degrees 43 minutes 50 seconds east a distance of 151.25 feet to an iron pinn set and the point of beginning; Being Tract I containing 1.00 acres and Tract 2 containing 13.0 acres as shown on a plat of survey prepared by MAX LAWALLEN, September 24, 1998 for CAROL de GUEVARA. MR/jj9 3/1/11 Our file no. 5310602 - FT12
(FE2,9,16,23B/19698-90T1P)
[Full Story »]
Banks County Public Records 02-09-11
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 GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David 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.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
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
(FE2,9,16,23P4)
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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 SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, 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 Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
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. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
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 Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
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. 11-00527
(FE2,9,16,23B/224-60)
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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 Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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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 NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , 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:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, 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.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, 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 Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /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.
(FE2,9,16,23B/1325-60)
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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 WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems 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.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /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.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL W WALKER, II to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 5, 2001, recorded in Deed Book 178, Page 496, Banks County, Georgia Records, as last transferred to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($64,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Michael W Walker, II or a tenant or tenants and said property is more commonly known as 516 Silver Shoals Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for Michael W Walker, II
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ts1 3/1/11
Our file no. 527111-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the Poplar Springs, G.M. District, Banks County, Georgia, consisting of 1.00 acres, more or less, and being more particularly described as follows: Commencing on a flint rock, same being the common corner of the middle tract and the east tract of the J. H. Brooks Home Place, of which the parcel herein described is a part; thence running south 26 degrees 30 minutes east for a distance of 154.55 feet to a point; thence running south 46 degrees 00 minutes east for a distance of 924.00 feet to a water oak; thence running south 13 degrees 00 minutes west for a distance of 877.80 feet to a pine stump; thence running south 29 degrees 00 minutes west for a distance of 562.00 feet to a common corner of the east tract of the J.H. Brooks Home Place and lying on the centerline of Silver Shoals Road; thence south 77 degrees 15 minutes west 500 feet to the point of beginning; thence north 12 degrees 45 minutes west 200 feet to a point; thence south 77 degrees 15 minutes west 200 feet to a point; thence south 12 degrees 45 minutes east 200 feet to a point in the center of Silver Shoals Road; thence north 77 degrees 15 minutes east 200 feet to the point of beginning. Including all improvements affixed thereon includes that certain 1997 Fleetwood double-wide Mobile Home GAFLV54A800600HS11 and GAFLV54B80060HS11 and intend to remain a part thereof. Less and except: The right of way of Silver Shoals Road. Said described property is located at: 516 Silver Shoals Road, Homer, Georgia. MR/ts1 3/1/11 Our file no. 527111 - FT14
(FE2,9,16,23B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 3/1/11 Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th 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 Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
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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 PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /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.
(FE2,9,16,23B/1325-80)
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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 CLYDE L. CHASTAIN and MARY ELIZABETH CHASTAIN to OPTION ONE MORTGAGE CORPORATION dated 11/29/2005 and recorded in Deed Book 271, Page 644, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 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 $ 179,930.00, 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 March, 2011 (March 1, 2011), the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.196 acres, more or less, designated as Lot 14, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, Registered Surveyor, dated August 7, 2004, recorded in Plat Book E, 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.
ALSO: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
Subject to Protective Covenants for Morgan Manor Subdivision recorded in Deed Book 260, Page 108, Banks County, Georgia Records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 148 Manor Place, Commerce, Georgia 30530 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Clyde L. Chastain and Mary Elizabeth Chastain 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.
HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 as agent and Attorney in Fact for Clyde L. Chastain and Mary Elizabeth Chastain
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. 1002-1072
(FE2,9,16,23P4)
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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 ABRAHAM J PIEMME to NATIONAL CITY MORTGAGE a division of National City Bank of Indiana, dated August 18, 2005, recorded in Deed Book 264, Page 399, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTEEN THOUSAND AND 0/100 DOLLARS ($113,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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: PNC Mortgage, 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is APM Properties LLC or a tenant or tenants and said property is more commonly known as 176 Railroad Ave, 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.
PNC Bank, National Association sbm to National City Mortgage, a division of National City Bank of Indiana as Attorney in Fact for Abraham J Piemme
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kag1 3/1/11
Our file no. 53079710-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 66 of the 4th District, Banks County, (formerly Hall County, GA) fronting on the right of way of the Southern Railway (formerly Atlanta & Charlotte Airline Railway) 200 feet, running back at right angles uniform width 200 feet to Hawthorne Street to Block 11, Lots 1,2,3 and 3 as per plat of I.Y. Sage in the year 1876, between Streets 7 and 8, Banks County, Georgia records. MR/kag1 3/1/11 Our file no. 53079710 - FT1
(FE2,9,16,23B/19698-60T1P)
[Full Story »]
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 GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David 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.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
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
(FE2,9,16,23P4)
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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 SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, 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 Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
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. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
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 Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
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. 11-00527
(FE2,9,16,23B/224-60)
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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 Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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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 NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , 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:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, 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.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, 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 Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /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.
(FE2,9,16,23B/1325-60)
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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 WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems 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.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /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.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL W WALKER, II to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 5, 2001, recorded in Deed Book 178, Page 496, Banks County, Georgia Records, as last transferred to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($64,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Michael W Walker, II or a tenant or tenants and said property is more commonly known as 516 Silver Shoals Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for Michael W Walker, II
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ts1 3/1/11
Our file no. 527111-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the Poplar Springs, G.M. District, Banks County, Georgia, consisting of 1.00 acres, more or less, and being more particularly described as follows: Commencing on a flint rock, same being the common corner of the middle tract and the east tract of the J. H. Brooks Home Place, of which the parcel herein described is a part; thence running south 26 degrees 30 minutes east for a distance of 154.55 feet to a point; thence running south 46 degrees 00 minutes east for a distance of 924.00 feet to a water oak; thence running south 13 degrees 00 minutes west for a distance of 877.80 feet to a pine stump; thence running south 29 degrees 00 minutes west for a distance of 562.00 feet to a common corner of the east tract of the J.H. Brooks Home Place and lying on the centerline of Silver Shoals Road; thence south 77 degrees 15 minutes west 500 feet to the point of beginning; thence north 12 degrees 45 minutes west 200 feet to a point; thence south 77 degrees 15 minutes west 200 feet to a point; thence south 12 degrees 45 minutes east 200 feet to a point in the center of Silver Shoals Road; thence north 77 degrees 15 minutes east 200 feet to the point of beginning. Including all improvements affixed thereon includes that certain 1997 Fleetwood double-wide Mobile Home GAFLV54A800600HS11 and GAFLV54B80060HS11 and intend to remain a part thereof. Less and except: The right of way of Silver Shoals Road. Said described property is located at: 516 Silver Shoals Road, Homer, Georgia. MR/ts1 3/1/11 Our file no. 527111 - FT14
(FE2,9,16,23B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 3/1/11 Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th 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 Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
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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 PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /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.
(FE2,9,16,23B/1325-80)
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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 CLYDE L. CHASTAIN and MARY ELIZABETH CHASTAIN to OPTION ONE MORTGAGE CORPORATION dated 11/29/2005 and recorded in Deed Book 271, Page 644, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 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 $ 179,930.00, 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 March, 2011 (March 1, 2011), the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.196 acres, more or less, designated as Lot 14, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, Registered Surveyor, dated August 7, 2004, recorded in Plat Book E, 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.
ALSO: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
Subject to Protective Covenants for Morgan Manor Subdivision recorded in Deed Book 260, Page 108, Banks County, Georgia Records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 148 Manor Place, Commerce, Georgia 30530 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Clyde L. Chastain and Mary Elizabeth Chastain 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.
HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 as agent and Attorney in Fact for Clyde L. Chastain and Mary Elizabeth Chastain
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. 1002-1072
(FE2,9,16,23P4)
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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 ABRAHAM J PIEMME to NATIONAL CITY MORTGAGE a division of National City Bank of Indiana, dated August 18, 2005, recorded in Deed Book 264, Page 399, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTEEN THOUSAND AND 0/100 DOLLARS ($113,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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: PNC Mortgage, 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is APM Properties LLC or a tenant or tenants and said property is more commonly known as 176 Railroad Ave, 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.
PNC Bank, National Association sbm to National City Mortgage, a division of National City Bank of Indiana as Attorney in Fact for Abraham J Piemme
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kag1 3/1/11
Our file no. 53079710-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 66 of the 4th District, Banks County, (formerly Hall County, GA) fronting on the right of way of the Southern Railway (formerly Atlanta & Charlotte Airline Railway) 200 feet, running back at right angles uniform width 200 feet to Hawthorne Street to Block 11, Lots 1,2,3 and 3 as per plat of I.Y. Sage in the year 1876, between Streets 7 and 8, Banks County, Georgia records. MR/kag1 3/1/11 Our file no. 53079710 - FT1
(FE2,9,16,23B/19698-60T1P)
[Full Story »]
Banks County Public Records 02-02-11
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 GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David 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.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
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
(FE2,9,16,23P4)
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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 SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, 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 Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
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. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
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 Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
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. 11-00527
(FE2,9,16,23B/224-60)
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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 Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 from CHARLES C. CAMPBELL to COMMUNITY BANK AND TRUST dated 02/16/2006, and recorded 02/20/2006, in Deed Book 276, Pages 119-121, Banks County, Georgia Deed records, as modified by those Additional Loan Agreements recorded 03/09/2006 in Deed Book 277, Page 224, 03/27/2006 in Deed Book 278, Page 319 and 07/06/2006 in Deed Book 284, Page 720, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Charles C. Campbell the following described property:
All that tract or parcel of land lying and being in the G.M.D. 912, Banks County, Georgia, and being shown and designated as Tract 1, containing 1.32 acres, more or less, as shown on plat of survey prepared for Robert Howard Jordan by Jeff Weshner, R.L.S., dated March 1, 2003 and recorded among Banks County, Georgia Records in Plat Book 27, Page 118, said plat being incorporated herein by reference for a more full and complete 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, among other possible events of default, 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 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 Charles C. Campbell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Charles C. Campbell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1117
(FE2,9,16,23B/19761-60T4P)
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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 from CHARLES CAMPBELL to COMMUNITY BANK AND TRUST dated 03/08/2007, and recorded 03/21/2007, in Deed Book 301, Pages 717-719, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 12/29/2008 in Deed Book 334, Page 431, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Charles Campbell the following described property:
All that tract or parcel of land lying and being in Land Lot 215 of the 10th Land District of Banks County, Georgia, containing 0.991 acre, more or less, as shown on plat of survey prepared by James A. Long, R.S., dated November 19, 1981 and recorded among Banks County, Georgia Records in Plat Book 8, Page 232, said plat being incorporated herein by reference for a more complete 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, among other possible events of default, 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 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 Charles Campbell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Charles Campbell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1116
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY W MADDOX and JAN MADDOX-KIRBY to Mortgage Electronic Registration Systems, Inc., dated July 25, 2008, recorded in Deed Book 34 O, Page 277, Banks County, Georgia Records and recorded in Deed Book 0055K, Page 0149, Jackson 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 THREE HUNDRED FIFTY THOUSAND AND 0/100 DOLLARS ($350,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey W Maddox and Jan Maddox-Kirby or a tenant or tenants and said property is more commonly known as 734 Edwards Rd, Commerce, GA 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Jeffrey W Maddox and Jan Maddox-Kirby
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 3/1/11 Our file no. 53370410-FT18 EXHIBIT “A” All that tract or parcel of land, lying and being in Banks and Jackson County, Georgia, and in the 207th District, G.M. of Banks County and the 255th District G.M. of Jackson County, and containing 68 acres, more or less, and about 3 miles east from Commerce, Georgia, and being same tract of land conveyed by N. S. Lort to W. J. N. Lord during his natural life and then to his children, dated April 18, 1922, and recorded in Clerk’s Office, Jackson County, Georgia, in Deed Book TT, Pages 528-529 and being known as Lot No. 3 of the N. S. Lord’s Subdivision, adjoining lands of L. L. Barnett on north, on the east by lands of Dan Waters, on the south by lands of Claud Shore and on the west by lands of Samuel Vickery, with following metes and bounds, beginning at an iron pin road, near Blacksmith Shop, N 53-3/4 W 3.50 to iron pin, N 55-3/4 W 7.61 N 51-3/4 W 4.00 to iron pin, S 73-3/4 W 14.70 to a stake, N 26 W 15.50 to hickory, N 62 1/2 E 13.46 to Hy., N 62-3/4 E 5.00 to rock, S 66 1/2 E 24.50 E to pond or stake at pond, thence S 31 W 11.10 to a black gum, thence S 57 1/4 W 13.46 to iron pin the beginning corner. Being the same property conveyed from Doris J. Maddox and Duel E. Maddox to Jeffrey W. Maddox by deed recorded December 16, 1996 in Book 16D, Page 186 in the Registrar’s Office of Banks County. Parcel ID #: B68-030 Block: Lot: MR/jwy 3/1/11 Our file no. 53370410 - FT18
(FE2,9,16,23B/19698-80T1P)
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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 NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , 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:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, 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.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, 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 Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /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.
(FE2,9,16,23B/1325-60)
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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 WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems 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.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /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.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL W WALKER, II to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 5, 2001, recorded in Deed Book 178, Page 496, Banks County, Georgia Records, as last transferred to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($64,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Michael W Walker, II or a tenant or tenants and said property is more commonly known as 516 Silver Shoals Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for Michael W Walker, II
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ts1 3/1/11
Our file no. 527111-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the Poplar Springs, G.M. District, Banks County, Georgia, consisting of 1.00 acres, more or less, and being more particularly described as follows: Commencing on a flint rock, same being the common corner of the middle tract and the east tract of the J. H. Brooks Home Place, of which the parcel herein described is a part; thence running south 26 degrees 30 minutes east for a distance of 154.55 feet to a point; thence running south 46 degrees 00 minutes east for a distance of 924.00 feet to a water oak; thence running south 13 degrees 00 minutes west for a distance of 877.80 feet to a pine stump; thence running south 29 degrees 00 minutes west for a distance of 562.00 feet to a common corner of the east tract of the J.H. Brooks Home Place and lying on the centerline of Silver Shoals Road; thence south 77 degrees 15 minutes west 500 feet to the point of beginning; thence north 12 degrees 45 minutes west 200 feet to a point; thence south 77 degrees 15 minutes west 200 feet to a point; thence south 12 degrees 45 minutes east 200 feet to a point in the center of Silver Shoals Road; thence north 77 degrees 15 minutes east 200 feet to the point of beginning. Including all improvements affixed thereon includes that certain 1997 Fleetwood double-wide Mobile Home GAFLV54A800600HS11 and GAFLV54B80060HS11 and intend to remain a part thereof. Less and except: The right of way of Silver Shoals Road. Said described property is located at: 516 Silver Shoals Road, Homer, Georgia. MR/ts1 3/1/11 Our file no. 527111 - FT14
(FE2,9,16,23B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 3/1/11 Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th 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 Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
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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 PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /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.
(FE2,9,16,23B/1325-80)
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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 CLYDE L. CHASTAIN and MARY ELIZABETH CHASTAIN to OPTION ONE MORTGAGE CORPORATION dated 11/29/2005 and recorded in Deed Book 271, Page 644, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 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 $ 179,930.00, 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 March, 2011 (March 1, 2011), the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.196 acres, more or less, designated as Lot 14, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, Registered Surveyor, dated August 7, 2004, recorded in Plat Book E, 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.
ALSO: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
Subject to Protective Covenants for Morgan Manor Subdivision recorded in Deed Book 260, Page 108, Banks County, Georgia Records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 148 Manor Place, Commerce, Georgia 30530 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Clyde L. Chastain and Mary Elizabeth Chastain 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.
HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 as agent and Attorney in Fact for Clyde L. Chastain and Mary Elizabeth Chastain
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. 1002-1072
(FE2,9,16,23P4)
[Full Story »]
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 GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David 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.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
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
(FE2,9,16,23P4)
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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 SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, 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 Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
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. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, 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 March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
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 Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
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. 11-00527
(FE2,9,16,23B/224-60)
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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 Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 from CHARLES C. CAMPBELL to COMMUNITY BANK AND TRUST dated 02/16/2006, and recorded 02/20/2006, in Deed Book 276, Pages 119-121, Banks County, Georgia Deed records, as modified by those Additional Loan Agreements recorded 03/09/2006 in Deed Book 277, Page 224, 03/27/2006 in Deed Book 278, Page 319 and 07/06/2006 in Deed Book 284, Page 720, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Charles C. Campbell the following described property:
All that tract or parcel of land lying and being in the G.M.D. 912, Banks County, Georgia, and being shown and designated as Tract 1, containing 1.32 acres, more or less, as shown on plat of survey prepared for Robert Howard Jordan by Jeff Weshner, R.L.S., dated March 1, 2003 and recorded among Banks County, Georgia Records in Plat Book 27, Page 118, said plat being incorporated herein by reference for a more full and complete 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, among other possible events of default, 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 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 Charles C. Campbell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Charles C. Campbell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1117
(FE2,9,16,23B/19761-60T4P)
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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 from CHARLES CAMPBELL to COMMUNITY BANK AND TRUST dated 03/08/2007, and recorded 03/21/2007, in Deed Book 301, Pages 717-719, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 12/29/2008 in Deed Book 334, Page 431, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Charles Campbell the following described property:
All that tract or parcel of land lying and being in Land Lot 215 of the 10th Land District of Banks County, Georgia, containing 0.991 acre, more or less, as shown on plat of survey prepared by James A. Long, R.S., dated November 19, 1981 and recorded among Banks County, Georgia Records in Plat Book 8, Page 232, said plat being incorporated herein by reference for a more complete 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, among other possible events of default, 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 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 Charles Campbell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Charles Campbell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1116
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/19761-60T4P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY W MADDOX and JAN MADDOX-KIRBY to Mortgage Electronic Registration Systems, Inc., dated July 25, 2008, recorded in Deed Book 34 O, Page 277, Banks County, Georgia Records and recorded in Deed Book 0055K, Page 0149, Jackson 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 THREE HUNDRED FIFTY THOUSAND AND 0/100 DOLLARS ($350,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey W Maddox and Jan Maddox-Kirby or a tenant or tenants and said property is more commonly known as 734 Edwards Rd, Commerce, GA 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Jeffrey W Maddox and Jan Maddox-Kirby
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 3/1/11 Our file no. 53370410-FT18 EXHIBIT “A” All that tract or parcel of land, lying and being in Banks and Jackson County, Georgia, and in the 207th District, G.M. of Banks County and the 255th District G.M. of Jackson County, and containing 68 acres, more or less, and about 3 miles east from Commerce, Georgia, and being same tract of land conveyed by N. S. Lort to W. J. N. Lord during his natural life and then to his children, dated April 18, 1922, and recorded in Clerk’s Office, Jackson County, Georgia, in Deed Book TT, Pages 528-529 and being known as Lot No. 3 of the N. S. Lord’s Subdivision, adjoining lands of L. L. Barnett on north, on the east by lands of Dan Waters, on the south by lands of Claud Shore and on the west by lands of Samuel Vickery, with following metes and bounds, beginning at an iron pin road, near Blacksmith Shop, N 53-3/4 W 3.50 to iron pin, N 55-3/4 W 7.61 N 51-3/4 W 4.00 to iron pin, S 73-3/4 W 14.70 to a stake, N 26 W 15.50 to hickory, N 62 1/2 E 13.46 to Hy., N 62-3/4 E 5.00 to rock, S 66 1/2 E 24.50 E to pond or stake at pond, thence S 31 W 11.10 to a black gum, thence S 57 1/4 W 13.46 to iron pin the beginning corner. Being the same property conveyed from Doris J. Maddox and Duel E. Maddox to Jeffrey W. Maddox by deed recorded December 16, 1996 in Book 16D, Page 186 in the Registrar’s Office of Banks County. Parcel ID #: B68-030 Block: Lot: MR/jwy 3/1/11 Our file no. 53370410 - FT18
(FE2,9,16,23B/19698-80T1P)
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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 NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , 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:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, 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.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, 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 Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /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.
(FE2,9,16,23B/1325-60)
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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 WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems 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.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /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.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL W WALKER, II to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 5, 2001, recorded in Deed Book 178, Page 496, Banks County, Georgia Records, as last transferred to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($64,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Michael W Walker, II or a tenant or tenants and said property is more commonly known as 516 Silver Shoals Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for Michael W Walker, II
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ts1 3/1/11
Our file no. 527111-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the Poplar Springs, G.M. District, Banks County, Georgia, consisting of 1.00 acres, more or less, and being more particularly described as follows: Commencing on a flint rock, same being the common corner of the middle tract and the east tract of the J. H. Brooks Home Place, of which the parcel herein described is a part; thence running south 26 degrees 30 minutes east for a distance of 154.55 feet to a point; thence running south 46 degrees 00 minutes east for a distance of 924.00 feet to a water oak; thence running south 13 degrees 00 minutes west for a distance of 877.80 feet to a pine stump; thence running south 29 degrees 00 minutes west for a distance of 562.00 feet to a common corner of the east tract of the J.H. Brooks Home Place and lying on the centerline of Silver Shoals Road; thence south 77 degrees 15 minutes west 500 feet to the point of beginning; thence north 12 degrees 45 minutes west 200 feet to a point; thence south 77 degrees 15 minutes west 200 feet to a point; thence south 12 degrees 45 minutes east 200 feet to a point in the center of Silver Shoals Road; thence north 77 degrees 15 minutes east 200 feet to the point of beginning. Including all improvements affixed thereon includes that certain 1997 Fleetwood double-wide Mobile Home GAFLV54A800600HS11 and GAFLV54B80060HS11 and intend to remain a part thereof. Less and except: The right of way of Silver Shoals Road. Said described property is located at: 516 Silver Shoals Road, Homer, Georgia. MR/ts1 3/1/11 Our file no. 527111 - FT14
(FE2,9,16,23B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2011, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 3/1/11 Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th 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 Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
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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 PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /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.
(FE2,9,16,23B/1325-80)
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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 CLYDE L. CHASTAIN and MARY ELIZABETH CHASTAIN to OPTION ONE MORTGAGE CORPORATION dated 11/29/2005 and recorded in Deed Book 271, Page 644, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 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 $ 179,930.00, 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 March, 2011 (March 1, 2011), the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.196 acres, more or less, designated as Lot 14, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, Registered Surveyor, dated August 7, 2004, recorded in Plat Book E, 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.
ALSO: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
Subject to Protective Covenants for Morgan Manor Subdivision recorded in Deed Book 260, Page 108, Banks County, Georgia Records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 148 Manor Place, Commerce, Georgia 30530 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Clyde L. Chastain and Mary Elizabeth Chastain 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.
HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 as agent and Attorney in Fact for Clyde L. Chastain and Mary Elizabeth Chastain
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. 1002-1072
(FE2,9,16,23P4)
[Full Story »]
Kerosene sold at Alto Kangaroo stores possibly volatile
Agriculture Commissioner Gary W. Black is warning consumers who purchased kerosene on or after Jan. 18 from several Kangaroo locations throughout north Georgia not to use the products in their kerosene heaters or lamps.
On Jan. 25, inspectors from the Georgia Department of Agriculture’s Fuel & Measures Division discovered contaminated kerosene at Kangaroo #3315 located at 615 East Spring St., Monroe, during a routine inspection.
The pump was locked at the Monroe location and, as an immediate precaution, pumps were locked at all other stores who received fuel from the same carrier. After sampling from those other pumps was completed on Jan. 27, seven additional Kangaroo locations, including one in Alto, have been found with contaminated kerosene. Kerosene sold at these stores is possibly volatile and should not be used:
•2640 Dawsonville Hwy., Gainesville .
•3951 State Hwy. 365, Alto.
•North Main St., Cleveland.
•78 South Main St., Cleveland.
•634 Christmas Ave., Bethlehem.
•1334 Atlanta Hwy. NW, Auburn.
•18 Hwy. 72 East, Comer.
Contaminated kerosene has the potential to cause an explosion or fire if used in home heaters or lamps. Anyone who purchased kerosene at any of these locations on or after Jan. 18 should not use the kerosene and should return it for reimbursement.
The pumps will remain locked at all eight locations until the tank and lines have been cleaned and new shipments have been tested and approved by the Georgia Department of Agriculture.
On Jan. 25, inspectors from the Georgia Department of Agriculture’s Fuel & Measures Division discovered contaminated kerosene at Kangaroo #3315 located at 615 East Spring St., Monroe, during a routine inspection.
The pump was locked at the Monroe location and, as an immediate precaution, pumps were locked at all other stores who received fuel from the same carrier. After sampling from those other pumps was completed on Jan. 27, seven additional Kangaroo locations, including one in Alto, have been found with contaminated kerosene. Kerosene sold at these stores is possibly volatile and should not be used:
•2640 Dawsonville Hwy., Gainesville .
•3951 State Hwy. 365, Alto.
•North Main St., Cleveland.
•78 South Main St., Cleveland.
•634 Christmas Ave., Bethlehem.
•1334 Atlanta Hwy. NW, Auburn.
•18 Hwy. 72 East, Comer.
Contaminated kerosene has the potential to cause an explosion or fire if used in home heaters or lamps. Anyone who purchased kerosene at any of these locations on or after Jan. 18 should not use the kerosene and should return it for reimbursement.
The pumps will remain locked at all eight locations until the tank and lines have been cleaned and new shipments have been tested and approved by the Georgia Department of Agriculture.
Banks County Public Records 01-26-11
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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
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Notice of Sale
Notice of Sale Under Power in Security Deed
Our File No. 10-657
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TROY LEE to RABUN COUNTY BANK dated March 30, 2006, and recorded in Deed Book 278, Pages 717-719, Banks County, Georgia Records, conveying the after described property to secure a note dated April 5, 2010 in the original principal amount of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY 00/100 DOLLARS ($17,850.00), 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 of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, the same being February 1, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 20 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, Registered Surveyor, dated November 26, 2000, recorded in Plat Book C, Page 119, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to Protective Covenants for Hidden Lake Subdivision recorded at Deed Book 165, Page 174, Banks County, Georgia Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is Troy Lee and/or any tenant or tenants in possession and said property is located at Lot 20 of Hidden Lakes Subdivision, Homer, Banks County, Georgia and being Banks County Tax Parcel # B51E028 . 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 Deed to Secure Debt.
This 16th day of December, 2010.
RABUN COUNTY BANK, as Attorney in Fact for Troy Lee
Under Power of Sale contained in Security Deed recorded in Deed Book 278, Page(s) 717-719, Banks County, Georgia Records
ALBERT O. ENGLISH, LLC
Attorney for RABUN COUNTY BANK
17 Chechero Street
Clayton, GA 30525
(706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26P4)
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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 March 19, 2007, executed by JAMIE BUICE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 302, Page 659, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $235,300.00, as modified by that certain Loan Modification Agreement dated September 7, 2007, recorded in Deed Book 314, Page 131, Banks County, Georgia Deed Records, 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 February, 2011, to-wit: February 1, 2011, 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 G.M. District 1580, Banks County, Georgia, being Tract No. 3A, as per plat thereof, recorded prepared by Slate & Assoc., Inc., dated January 5, 2007, G. Brian Slate, Professional Land Surveyor No. 2629 as recorded in Plat Book 31, Page 65, Banks County, Georgia Records, which plat and legal description thereon are incorporated herein by reference thereto.
The aforedescribed real property is also known as 216 Moss Mill Drive, Baldwin, Georgia 30511, 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 Jamie Buice 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 JAMIE BUICE
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.
(JA5,12,19,26B/1328-60T4P)
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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 RANDY E. HARKINS and TERRY L. HARKINS to JPMORGAN CHASE BANK, N.A., dated August 14, 2006, recorded in Deed Book 287, Page 583, 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 NINETY THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($190,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Randy E. Harkins and Terry L. Harkins or a tenant or tenants and said property is more commonly known as 208 Walnut Dr, 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.
Chase Home Finance LLC as Attorney in Fact for Randy E. Harkins and Terry L. Harkins
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cpl 2/1/11
Our file no. 53305610-FT3
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th G.M. District, Banks County, Georgia, and being more particularly described as Lot 2 of Little Creek Subdivision, as shown on Plat thereof recorded August 25, 1987, in Plat Book 13, Page 16, Banks County Records. Tax ID # B25050
(JA5,12,19,26B/19698-60T1P)
[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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
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Notice of Sale
Notice of Sale Under Power in Security Deed
Our File No. 10-657
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TROY LEE to RABUN COUNTY BANK dated March 30, 2006, and recorded in Deed Book 278, Pages 717-719, Banks County, Georgia Records, conveying the after described property to secure a note dated April 5, 2010 in the original principal amount of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY 00/100 DOLLARS ($17,850.00), 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 of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, the same being February 1, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 20 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, Registered Surveyor, dated November 26, 2000, recorded in Plat Book C, Page 119, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to Protective Covenants for Hidden Lake Subdivision recorded at Deed Book 165, Page 174, Banks County, Georgia Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is Troy Lee and/or any tenant or tenants in possession and said property is located at Lot 20 of Hidden Lakes Subdivision, Homer, Banks County, Georgia and being Banks County Tax Parcel # B51E028 . 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 Deed to Secure Debt.
This 16th day of December, 2010.
RABUN COUNTY BANK, as Attorney in Fact for Troy Lee
Under Power of Sale contained in Security Deed recorded in Deed Book 278, Page(s) 717-719, Banks County, Georgia Records
ALBERT O. ENGLISH, LLC
Attorney for RABUN COUNTY BANK
17 Chechero Street
Clayton, GA 30525
(706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26P4)
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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 March 19, 2007, executed by JAMIE BUICE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 302, Page 659, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $235,300.00, as modified by that certain Loan Modification Agreement dated September 7, 2007, recorded in Deed Book 314, Page 131, Banks County, Georgia Deed Records, 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 February, 2011, to-wit: February 1, 2011, 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 G.M. District 1580, Banks County, Georgia, being Tract No. 3A, as per plat thereof, recorded prepared by Slate & Assoc., Inc., dated January 5, 2007, G. Brian Slate, Professional Land Surveyor No. 2629 as recorded in Plat Book 31, Page 65, Banks County, Georgia Records, which plat and legal description thereon are incorporated herein by reference thereto.
The aforedescribed real property is also known as 216 Moss Mill Drive, Baldwin, Georgia 30511, 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 Jamie Buice 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 JAMIE BUICE
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.
(JA5,12,19,26B/1328-60T4P)
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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 RANDY E. HARKINS and TERRY L. HARKINS to JPMORGAN CHASE BANK, N.A., dated August 14, 2006, recorded in Deed Book 287, Page 583, 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 NINETY THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($190,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Randy E. Harkins and Terry L. Harkins or a tenant or tenants and said property is more commonly known as 208 Walnut Dr, 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.
Chase Home Finance LLC as Attorney in Fact for Randy E. Harkins and Terry L. Harkins
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cpl 2/1/11
Our file no. 53305610-FT3
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th G.M. District, Banks County, Georgia, and being more particularly described as Lot 2 of Little Creek Subdivision, as shown on Plat thereof recorded August 25, 1987, in Plat Book 13, Page 16, Banks County Records. Tax ID # B25050
(JA5,12,19,26B/19698-60T1P)
[Full Story »]
Banks County Public Records 01-19-11
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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Jackie T Morris and Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
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Notice of Sale
Notice of Sale Under Power in Security Deed
Our File No. 10-657
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TROY LEE to RABUN COUNTY BANK dated March 30, 2006, and recorded in Deed Book 278, Pages 717-719, Banks County, Georgia Records, conveying the after described property to secure a note dated April 5, 2010 in the original principal amount of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY 00/100 DOLLARS ($17,850.00), 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 of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, the same being February 1, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 20 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, Registered Surveyor, dated November 26, 2000, recorded in Plat Book C, Page 119, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to Protective Covenants for Hidden Lake Subdivision recorded at Deed Book 165, Page 174, Banks County, Georgia Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is Troy Lee and/or any tenant or tenants in possession and said property is located at Lot 20 of Hidden Lakes Subdivision, Homer, Banks County, Georgia and being Banks County Tax Parcel # B51E028 . 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 Deed to Secure Debt.
This 16th day of December, 2010.
RABUN COUNTY BANK, as Attorney in Fact for Troy Lee
Under Power of Sale contained in Security Deed recorded in Deed Book 278, Page(s) 717-719, Banks County, Georgia Records
ALBERT O. ENGLISH, LLC
Attorney for RABUN COUNTY BANK
17 Chechero Street
Clayton, GA 30525
(706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26P4)
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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 March 19, 2007, executed by JAMIE BUICE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 302, Page 659, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $235,300.00, as modified by that certain Loan Modification Agreement dated September 7, 2007, recorded in Deed Book 314, Page 131, Banks County, Georgia Deed Records, 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 February, 2011, to-wit: February 1, 2011, 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 G.M. District 1580, Banks County, Georgia, being Tract No. 3A, as per plat thereof, recorded prepared by Slate & Assoc., Inc., dated January 5, 2007, G. Brian Slate, Professional Land Surveyor No. 2629 as recorded in Plat Book 31, Page 65, Banks County, Georgia Records, which plat and legal description thereon are incorporated herein by reference thereto.
The aforedescribed real property is also known as 216 Moss Mill Drive, Baldwin, Georgia 30511, 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 Jamie Buice 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 JAMIE BUICE
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.
(JA5,12,19,26B/1328-60T4P)
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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 RANDY E. HARKINS and TERRY L. HARKINS to JPMORGAN CHASE BANK, N.A., dated August 14, 2006, recorded in Deed Book 287, Page 583, 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 NINETY THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($190,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Randy E. Harkins and Terry L. Harkins or a tenant or tenants and said property is more commonly known as 208 Walnut Dr, 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.
Chase Home Finance LLC as Attorney in Fact for Randy E. Harkins and Terry L. Harkins
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cpl 2/1/11
Our file no. 53305610-FT3
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th G.M. District, Banks County, Georgia, and being more particularly described as Lot 2 of Little Creek Subdivision, as shown on Plat thereof recorded August 25, 1987, in Plat Book 13, Page 16, Banks County Records. Tax ID # B25050
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES and RHONDA 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 recorded in Deed Book 357, Page 778, 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 February, 2011, 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 Glenn Hughes and Rhonda H. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Road, 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 and Rhonda Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cpl 2/1/11 Our file no. 1290310-FT3
(JA5,12,19,26B/19698-80T1P)
[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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Jackie T Morris and Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
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Notice of Sale
Notice of Sale Under Power in Security Deed
Our File No. 10-657
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TROY LEE to RABUN COUNTY BANK dated March 30, 2006, and recorded in Deed Book 278, Pages 717-719, Banks County, Georgia Records, conveying the after described property to secure a note dated April 5, 2010 in the original principal amount of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY 00/100 DOLLARS ($17,850.00), 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 of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, the same being February 1, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 20 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, Registered Surveyor, dated November 26, 2000, recorded in Plat Book C, Page 119, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to Protective Covenants for Hidden Lake Subdivision recorded at Deed Book 165, Page 174, Banks County, Georgia Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is Troy Lee and/or any tenant or tenants in possession and said property is located at Lot 20 of Hidden Lakes Subdivision, Homer, Banks County, Georgia and being Banks County Tax Parcel # B51E028 . 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 Deed to Secure Debt.
This 16th day of December, 2010.
RABUN COUNTY BANK, as Attorney in Fact for Troy Lee
Under Power of Sale contained in Security Deed recorded in Deed Book 278, Page(s) 717-719, Banks County, Georgia Records
ALBERT O. ENGLISH, LLC
Attorney for RABUN COUNTY BANK
17 Chechero Street
Clayton, GA 30525
(706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26P4)
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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 March 19, 2007, executed by JAMIE BUICE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 302, Page 659, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $235,300.00, as modified by that certain Loan Modification Agreement dated September 7, 2007, recorded in Deed Book 314, Page 131, Banks County, Georgia Deed Records, 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 February, 2011, to-wit: February 1, 2011, 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 G.M. District 1580, Banks County, Georgia, being Tract No. 3A, as per plat thereof, recorded prepared by Slate & Assoc., Inc., dated January 5, 2007, G. Brian Slate, Professional Land Surveyor No. 2629 as recorded in Plat Book 31, Page 65, Banks County, Georgia Records, which plat and legal description thereon are incorporated herein by reference thereto.
The aforedescribed real property is also known as 216 Moss Mill Drive, Baldwin, Georgia 30511, 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 Jamie Buice 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 JAMIE BUICE
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.
(JA5,12,19,26B/1328-60T4P)
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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 RANDY E. HARKINS and TERRY L. HARKINS to JPMORGAN CHASE BANK, N.A., dated August 14, 2006, recorded in Deed Book 287, Page 583, 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 NINETY THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($190,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Randy E. Harkins and Terry L. Harkins or a tenant or tenants and said property is more commonly known as 208 Walnut Dr, 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.
Chase Home Finance LLC as Attorney in Fact for Randy E. Harkins and Terry L. Harkins
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cpl 2/1/11
Our file no. 53305610-FT3
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th G.M. District, Banks County, Georgia, and being more particularly described as Lot 2 of Little Creek Subdivision, as shown on Plat thereof recorded August 25, 1987, in Plat Book 13, Page 16, Banks County Records. Tax ID # B25050
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES and RHONDA 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 recorded in Deed Book 357, Page 778, 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 February, 2011, 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 Glenn Hughes and Rhonda H. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Road, 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 and Rhonda Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cpl 2/1/11 Our file no. 1290310-FT3
(JA5,12,19,26B/19698-80T1P)
[Full Story »]
Banks County Public Records 01-13-11
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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Jackie T Morris and Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
[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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Jackie T Morris and Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
[Full Story »]
Banks County Public Records 01-05-11
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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Jackie T Morris and Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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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 MELANIE ALLEN CRAWFORD fka MELANIE D. ALLEN and EVAN CRAWFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Corp., its successors and assigns dated November 29, 2006 in the amount of $118,000.00, and recorded in Deed Book 294, Page 207, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, 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 February, 2011, 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 207th District, G.M., Banks County. Georgia, and being that 2.102 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby Evans by Ingram, Lord & Associates, Registered Surveyor, dated March 10, 2006, recorded in Plat Book 30, Page 98, 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.
which has the property address of 1745 Fort Lamar Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Melanie Allen Crawford fka Melanie D. Allen and Evan Crawford 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Melanie Allen Crawford fka Melanie D. Allen and Evan Crawford
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-23141 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
On September 25, 2008, TOMMY L. PINION, JR. and NANCY C. PINION executed a Promissory Note in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED SIXTY-ONE DOLLARS ($125,861.00) payable to SOUTHERN BANK & TRUST which note was payable in monthly installments. The note contained provisions for the payment of attorney’s fees, if collected by law or through an attorney at law. In order to secure the payment of the note, TOMMY L. PINION, JR. AND NANCY C. PINION executed and delivered to SOUTHERN BANK & TRUST, a Security Deed dated September 25, 2008, recorded at Deed Book 331, Page 542 of the BANKS County, Georgia Deed Records, conveying the following described property:
All that tract or parcel of land, together will all fixtures and other personal property as conveyed by the above-referenced Security Deed, lying and being in G.M.D. 1580 of Banks County, Georgia, consisting of 1.35 acres, and being designated as Tract 8B on plat of survey dated August 31, 1982 revised July 29, 1983 for D. Aubrey Higgins, prepared by Russell N. Bartlett, RS, recorded in Plat Book 9, Page 164 in the office of the Clerk of Superior Court of Banks County, Georgia, which said plat is incorporated herein by reference and made a part of this description. Subject to all easements, restrictions, reservations and rights-of-way of record, if any. This is the same property conveyed to Tommy L. Pinion, Jr. and Nancy C. Pinion by virtue of a Warranty Deed with Survivorship from Dondi Lee Porter, dated September 25, 2008, and recorded in Deed Book 331, page 540.
Said property is commonly known as 147 Wofford Creek Trail, Baldwin, Banks County, Georgia 30511; Tax Map# B33F004.
Because TOMMY L. PINION, JR. and NANCY C. PINION defaulted in fulfilling the terms of said Note and Real Estate Deed to Secure Debt, SOUTHERN BANK & TRUST pursuant to the terms of said Note and Real Estate Deed to Secure Debt securing the same, has exercised its option and declared the entire balance due and collectible. Notice fixing the liability for attorney’s fees has been given as required by law.
The property will be sold as the property of TOMMY L. PINION, JR. and NANCY C. PINION to the best of the undersigned’s knowledge and belief, the party in possession of this property is TOMMY L. PINION, JR. and NANCY C. PINION.
The Real Estate Deed to Secure Debt contain a power of sale authorizing SOUTHERN BANK & TRUST, as attorney in fact for TOMMY L. PINION, JR. and NANCY C. PINION to sell the aforesaid property in order to satisfy this debt after advertising the same once a week for four (4) weeks in accordance with said power of sale and by virtue thereof, SOUTHERN BANK & TRUST will sell such property at public outcry to the highest and best bidder for cash, on the first Tuesday in February, 2011, at the place of public sale before the courthouse door in BANKS County, Georgia, and within the legal hours of sale.
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 above-referenced Security Deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
The proceeds of this sale will be used (1) to pay the expenses of said sale; (2) to pay the sums secured by said Real Estate Deed to Secure Debt; (3) to pay any accrued taxes; and, (4) the balance will be distributed as provided by law and as provided in the above-referenced Security Deed.
The undersigned will execute a deed to the purchaser as provided in the above-referenced Security Deed.
SOUTHERN BANK & TRUST, as attorney in fact for TOMMY L. PINION, JR. and NANCY C. PINION
OLIVER & WEIDNER, LLC
Attorneys at Law
854 Washington Street, Suite 300
Clarkesville, GA 30523
706-754-9000
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.
(JA5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
Our File No. 10-657
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TROY LEE to RABUN COUNTY BANK dated March 30, 2006, and recorded in Deed Book 278, Pages 717-719, Banks County, Georgia Records, conveying the after described property to secure a note dated April 5, 2010 in the original principal amount of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY 00/100 DOLLARS ($17,850.00), 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 of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, the same being February 1, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 20 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, Registered Surveyor, dated November 26, 2000, recorded in Plat Book C, Page 119, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to Protective Covenants for Hidden Lake Subdivision recorded at Deed Book 165, Page 174, Banks County, Georgia Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is Troy Lee and/or any tenant or tenants in possession and said property is located at Lot 20 of Hidden Lakes Subdivision, Homer, Banks County, Georgia and being Banks County Tax Parcel # B51E028 . 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 Deed to Secure Debt.
This 16th day of December, 2010.
RABUN COUNTY BANK, as Attorney in Fact for Troy Lee
Under Power of Sale contained in Security Deed recorded in Deed Book 278, Page(s) 717-719, Banks County, Georgia Records
ALBERT O. ENGLISH, LLC
Attorney for RABUN COUNTY BANK
17 Chechero Street
Clayton, GA 30525
(706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26P4)
[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 TREVOR MANN and SHARONDA SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for HOMESTAR FINANCIAL CORP., dated April 30, 2009, recorded in Deed Book 339, Page 324, 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 THOUSAND SIXTY AND 0/100 DOLLARS ($120,060.00), 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 February, 2011, the following described property:
All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997 and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 21, page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt 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 Trevor Mann and Sharonda Smith or a tenant or tenants and said property is more commonly known as 54 W Ridgeway 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.
Chase Home Finance LLC as Attorney in Fact for Trevor Mann and Sharonda Smith
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 2/1/11
Our file no. 11049710-FT3
(JA5,12,19,26B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN DALE SUTTON and CATHY C. SUTTON to WACHOVIA MORTGAGE COMPANY, dated December 30, 1996, recorded in Deed Book 113, Page 7, 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 THIRTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($134,400.00), 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 February, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Dale Sutton and Cathy C. Sutton or a tenant or tenants and said property is more commonly known as 4709 Hwy. 441 N, 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.
Chase Home Finance LLC as Attorney in Fact for John Dale Sutton and Cathy C Sutton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 2/1/11
Our file no. 53420410-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the Hollingsworth G.M.D. District of Banks County, Georgia, containing 5.00 acres, and being more particularly described according to a plat prepared by Max Lewallen, Georgia Registered Land Surveyor, dated February 8, 1988, recorded in Plat Book 13, Page 143, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof. MR/kb4 2/1/11 Our file no. 53420410 - FT18
(JA5,12,19,26B/19698-60T1P)
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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 TERESA MARTINEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for CHOICE CAPITAL FUNDING, INC. dated 6/30/2006 and recorded in Deed Book 287, Page 828, BANKS County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. 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 $ 130,000.00, 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 February, 2011 (February 1, 2011), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.19 acres, more or less, and being known and designated as Lot 42 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, page 119, Banks County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 195, page 139, said records.
This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, page 174, Banks County, Georgia records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 is commonly known as 126 Sullivan Drive, Homer, Georgia 30547 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Teresa Martinez 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.
HSBC Mortgage Services, Inc. as agent and Attorney in Fact for Teresa Martinez
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. 1021-14410
(JA5,12,19,25P4)
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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 BRYAN K. SKELTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $78,400.00 dated 11/08/2005, and recorded in Deed Book 270, Page 685, Banks County Records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, 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 February, 2011 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Bryan K. Skelton the following described property:
All that tract or parcel of land lying and being in 912th GMD of Banks County, Georgia, and being designated as Tract 2, containing 2.12 acres, more or less, as shown on Plat of Survey prepared for Ben W. Crow Estate by Max Lewallen, R.L.S., said plat being recorded among Banks County, Georgia Records in Plat Book 7, Page 57 on March 27, 1979. Subject realty is bounded as follows: On the South by the northern common boundary of lands now or formerly owned by Cecil King; on the West by the eastern right-of-way of boundary line of Circle Drive; and on the North by lands now or formerly owned by Henry Martin; and on the East by the centerline of a creek and lands now or formerly owned by Adjep Adamson.
Property known as: 219 Barefoot Cir., Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Bryan K. Skelton.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Bryan K. Skelton.
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. 10-15136
(JA5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL LAWS and CASSANDRA LAWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $329,600.00 dated 5/11/2007, and recorded in Deed Book 305, Page 149, 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 February, 2011 by U.S. Bank, N.A., as Attorney-in-Fact for Russell Laws and Cassandra Laws the following described property:
All that tract or parcel of land lying and being in GMD 1206 of Banks County, Georgia, containing 12.90 acres, according to plat of survey prepared for Russell Laws and Cassandra Laws by Max Lewallen, Licensed Engineer & Surveyor, dated October 8, 2004, recorded in Plat Book 29, Page 20, Banks County Records, said plat being incorporated herein by reference thereto.
Property known as: 332 East Coker Road, 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:
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 Russell Laws and Cassandra Laws.
U.S. Bank, N.A., as Attorney-in-fact for Russell Laws and Cassandra Laws.
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. 10-14856
(JA5,12,19,26B/224-50)
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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 ROXIE ROSE SCHULTZ to UNION PLANTERS BANK, NA dated July 21, 2004, and recorded in Deed Book 242, Page 355, Banks County Records, securing a Note in the original principal amount of $83,000.00, 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, February 1, 2011, 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 1464th GMD, Banks County, Georgia, and being designated as Tract 1, containing 2.00 acres, more or less as per plat of survey prepared for David Graham by Venable & Associated, Inc., Georgia Registered Land Surveyors, dated March 4, 2004, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book E, Page 49. Said plat as recorded, is hereby referenced for a more detailed description of said property subject to a 20’ ingress-egress easement as shown on plat referenced above. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affections said bargained premises.
Said property is known as 115 Blackberry Lane, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Roxie Rose Schultz, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Estella Mae Graham and Ralph M. Schultz, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Roxie Rose Schultz; successors in title being Estella May Graham and Ralph M. Schultz
File no. 10-009715
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(JA5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of Superior Bank FSB dated December 3, 1999 in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto by assignment; the undersigned, Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin. Also including a mobile home identified as Model # 2876, Manufacturer`s serial no 11157404GL&R
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as Successor by Merger to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee Under That Certain Sale and Servicing Agreement dated December 1, 1999 Among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/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 JACKIE T. MORRIS and KAYE D. MORRIS to WELLS FARGO HOME MORTGAGE, INC., dated February 14, 2003, recorded in Deed Book 208, Page 633, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND AND 0/100 DOLLARS ($139,000.00), 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 February, 2011, 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 Jackie T Morris and Kaye D Morris or a tenant or tenants and said property is more commonly known as 1188 Wilson Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc as Attorney in Fact for Jackie T. Morris and Kaye D. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 2/1/11
Our file no. 53463410-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 7.241 acres, more or less, and being more particularly shown on a survey entitled “Survey for Jackie Morris”, dated December 4, 2001, by Ingram, Lord and Associates, Barry D. Lord, Registered Land Surveyor, and recorded in Plat Book D, Page 47, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. MR/sc1 2/1/11 Our file no. 53463410 - FT7
(JA5,12,19,26B/19698-60T1P)
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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 May 1, 2002, executed by BRIAN K. WILSON A/K/A KEITH WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 171, Page 915, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $78,000.00, 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 February, 2011, to-wit: February 1, 2011, 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 the 206th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Tract One on a plat of survey prepared for Brian Wilson & Melanie Wilson by David L. Ringo, Sr., Registered Surveyor, dated, April 9, 2001, recorded at Plat Book 26, Page 16, 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: 2002 Bellcrest 28’ X 64’ mobile home
The aforedescribed real property is also known as 253 Rattletrap Road, Commerce, Georgia 30529 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 BRIAN K. WILSON A/K/A KEITH WILSON 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 BRIAN K. WILSON A/K/A KEITH WILSON
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.
(JA5,12,19,26B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page Nos. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(JA5,12,19,26B/19564-80T4)
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Notice of Sale
Notice of Sale Under Poer
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Delta Funding Corp., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded in Deed Book 341, Page 269, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); 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 February 2011 the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN THE 207TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 6.55 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR KEITH WHITFIELD BY JAMES M. PAUL, REGISTERED SURVEYOR, DATED MAY 6, 1999, RECORDED IN PLAT BOOK 25, PAGE 86, 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. ??SUBJECT TO RESTRICTIONS OF RECORD, IF ANY AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(JA5,12,19,26B/19109-70T4P)
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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 LAWRENCE P. CONRAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Home America Mortgage, Inc., its successors and assigns dated December 12, 2003 in the amount of $78,400.00, and recorded in Deed Book 228, Page 764, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association 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 February, 2011 , 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 912th District, G.M., Banks County, Georgia, and being that 1.13 acres, more or less, designated as Lot 12 on a plat of survey of New Image Subdivision prepared by Henry G. Jarrard, registered land surveyor, dated April 7, 1998, recorded at Plat Book C, Page 38, 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.
Subject to Restrictive Covenants recorded at Deed Book 174, Page 815, Banks County, Georgia records.
Also attached is a 1999 Mobile Home, Redman 28 X 62; Vin # 11434801A/B.
which has the property address of 193 New Image Drive, 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 Lawrence P. Conrad 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Lawrence P. Conrad
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-24301 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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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 MELANIE ALLEN CRAWFORD fka MELANIE D. ALLEN and EVAN CRAWFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Corp., its successors and assigns dated November 29, 2006 in the amount of $118,000.00, and recorded in Deed Book 294, Page 207, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, 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 February, 2011, 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 207th District, G.M., Banks County. Georgia, and being that 2.102 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby Evans by Ingram, Lord & Associates, Registered Surveyor, dated March 10, 2006, recorded in Plat Book 30, Page 98, 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.
which has the property address of 1745 Fort Lamar Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Melanie Allen Crawford fka Melanie D. Allen and Evan Crawford 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Melanie Allen Crawford fka Melanie D. Allen and Evan Crawford
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-23141 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from J.R. BOSWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 28, 2003, recorded May 15, 2003, in Deed Book 214, Pages 306-321, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND 00/100 DOLLARS ($72,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2004 BC5, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 465th district, G.M., Banks County, Georgia, being designated as Lot No. 30, and being more particularly described on a plat of survey prepared for Brian E. Brewton, dated March 1, 1996, revised December 11, 1997, by Slate & Associates, Inc., and recorded in Plat Book-B, Page 101, Banks County, Georgia Records, which recorded plat is hereby incorporated by reference as a pare of this deed.
This property is a portion of that 37.65 acres, more or less, which was conveyed to Brian Brewton from James Short by warranty deed dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
Said property is commonly known as 151 Ridgeway Court, Maysville, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); 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 J.R. Boswell, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004 BC5 as Attorney in Fact for J.R. BOSWELL
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
Telephone Number: (888) 890-5309
Case No. BAC-10-11773-1
(JA5,12,19,26B/18915-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
On September 25, 2008, TOMMY L. PINION, JR. and NANCY C. PINION executed a Promissory Note in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED SIXTY-ONE DOLLARS ($125,861.00) payable to SOUTHERN BANK & TRUST which note was payable in monthly installments. The note contained provisions for the payment of attorney’s fees, if collected by law or through an attorney at law. In order to secure the payment of the note, TOMMY L. PINION, JR. AND NANCY C. PINION executed and delivered to SOUTHERN BANK & TRUST, a Security Deed dated September 25, 2008, recorded at Deed Book 331, Page 542 of the BANKS County, Georgia Deed Records, conveying the following described property:
All that tract or parcel of land, together will all fixtures and other personal property as conveyed by the above-referenced Security Deed, lying and being in G.M.D. 1580 of Banks County, Georgia, consisting of 1.35 acres, and being designated as Tract 8B on plat of survey dated August 31, 1982 revised July 29, 1983 for D. Aubrey Higgins, prepared by Russell N. Bartlett, RS, recorded in Plat Book 9, Page 164 in the office of the Clerk of Superior Court of Banks County, Georgia, which said plat is incorporated herein by reference and made a part of this description. Subject to all easements, restrictions, reservations and rights-of-way of record, if any. This is the same property conveyed to Tommy L. Pinion, Jr. and Nancy C. Pinion by virtue of a Warranty Deed with Survivorship from Dondi Lee Porter, dated September 25, 2008, and recorded in Deed Book 331, page 540.
Said property is commonly known as 147 Wofford Creek Trail, Baldwin, Banks County, Georgia 30511; Tax Map# B33F004.
Because TOMMY L. PINION, JR. and NANCY C. PINION defaulted in fulfilling the terms of said Note and Real Estate Deed to Secure Debt, SOUTHERN BANK & TRUST pursuant to the terms of said Note and Real Estate Deed to Secure Debt securing the same, has exercised its option and declared the entire balance due and collectible. Notice fixing the liability for attorney’s fees has been given as required by law.
The property will be sold as the property of TOMMY L. PINION, JR. and NANCY C. PINION to the best of the undersigned’s knowledge and belief, the party in possession of this property is TOMMY L. PINION, JR. and NANCY C. PINION.
The Real Estate Deed to Secure Debt contain a power of sale authorizing SOUTHERN BANK & TRUST, as attorney in fact for TOMMY L. PINION, JR. and NANCY C. PINION to sell the aforesaid property in order to satisfy this debt after advertising the same once a week for four (4) weeks in accordance with said power of sale and by virtue thereof, SOUTHERN BANK & TRUST will sell such property at public outcry to the highest and best bidder for cash, on the first Tuesday in February, 2011, at the place of public sale before the courthouse door in BANKS County, Georgia, and within the legal hours of sale.
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 above-referenced Security Deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
The proceeds of this sale will be used (1) to pay the expenses of said sale; (2) to pay the sums secured by said Real Estate Deed to Secure Debt; (3) to pay any accrued taxes; and, (4) the balance will be distributed as provided by law and as provided in the above-referenced Security Deed.
The undersigned will execute a deed to the purchaser as provided in the above-referenced Security Deed.
SOUTHERN BANK & TRUST, as attorney in fact for TOMMY L. PINION, JR. and NANCY C. PINION
OLIVER & WEIDNER, LLC
Attorneys at Law
854 Washington Street, Suite 300
Clarkesville, GA 30523
706-754-9000
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.
(JA5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
Our File No. 10-657
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TROY LEE to RABUN COUNTY BANK dated March 30, 2006, and recorded in Deed Book 278, Pages 717-719, Banks County, Georgia Records, conveying the after described property to secure a note dated April 5, 2010 in the original principal amount of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY 00/100 DOLLARS ($17,850.00), 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 of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2011, the same being February 1, 2011, the following described property:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 20 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, Registered Surveyor, dated November 26, 2000, recorded in Plat Book C, Page 119, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to Protective Covenants for Hidden Lake Subdivision recorded at Deed Book 165, Page 174, Banks County, Georgia Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is Troy Lee and/or any tenant or tenants in possession and said property is located at Lot 20 of Hidden Lakes Subdivision, Homer, Banks County, Georgia and being Banks County Tax Parcel # B51E028 . 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 Deed to Secure Debt.
This 16th day of December, 2010.
RABUN COUNTY BANK, as Attorney in Fact for Troy Lee
Under Power of Sale contained in Security Deed recorded in Deed Book 278, Page(s) 717-719, Banks County, Georgia Records
ALBERT O. ENGLISH, LLC
Attorney for RABUN COUNTY BANK
17 Chechero Street
Clayton, GA 30525
(706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA5,12,19,26P4)
[Full Story »]
Banks County Public Records 12-29-10
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 CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, 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 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey 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.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /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.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), 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 January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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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 BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, 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 January, 2011, 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 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, 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: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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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 RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) 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 January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in 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 RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
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, among other possible events of default, 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 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 Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, 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: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due 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 indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. 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 of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. 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.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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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 Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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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 Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein 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, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or 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 DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims 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, and assessments, lien, 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) 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 SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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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 Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, 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 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey 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.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /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.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), 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 January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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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 BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, 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 January, 2011, 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 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, 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: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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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 RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) 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 January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in 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 RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
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, among other possible events of default, 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 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 Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, 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: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, 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. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
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, among other possible events of default, 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 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 Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due 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 indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. 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 of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. 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.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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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 Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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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 Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein 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, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or 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 DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims 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, and assessments, lien, 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) 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 SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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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 Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, 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 in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, 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 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 Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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