Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
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 ANGEL MARTINEZ REYES to NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK, dated November 9, 2006, recorded in Deed Book 294, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Angel Martinez Reyes or a tenant or tenants and said property is more commonly known as 168 Tyler Road, Gillsville, Georgia 30543.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
National City Mortgage, a division of National City Bank as Attorney in Fact for Angel Martinez Reyes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eja 3/3/09
Our file no. 53305408-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, containing 6.40 acres, more or less, as shown on a plat of survey prepared for Samuel R. Tyler and Dorothy Tyler by Max Lewallen, RLS, dated July 26, 1999, recorded in Plat Book 24, Page 102, Banks County, Georgia Records; said plat being incorporated herein by reference for a more complete description.
(FE5,12,19,25B/12062-60T1P)
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 RALPH H. PHILLIPS and LAURA L. PHILLIPS to WELLS FARGO BANK, NA., dated February 7, 2003, recorded in Deed Book 208, Page 406, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND TWO HUNDRED FORTY AND 0/100 DOLLARS ($119,240.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Ralph H. Phillips and Laura L. Phillips or a tenant or tenants and said property is more commonly known as 132 Ridgeway Terrace, Maysville, Georgia 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA. as Attorney in Fact for Ralph H. Phillips and Laura L. Phillips
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 3/3/09
Our file no. 53253908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, City of Maysville, designated as Lot No. 11, containing 1.02 acres, more or less, Ridgeway Hills Subdivision, as per plat of survey prepared for Ralph Phillips and Laura Phillips by Slate & Associates, Inc., GLRS, dated October 2, 2000, and recorded in Plat Book 25, Page 107, in the Clerk’s Office of the Superior Court of Banks County, Georgia. Said plat as recorded is hereby referenced for a more detailed description of said property.
(FE5,12,19,26B/12062-60T1P)
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 KEVIN L. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 4, 2007, in the amount of $105,149.00, and recorded in Deed Book 297, Page 117, Banks County, Georgia Records, as last transferred to IndyMac Bank, F.S.B. by assignment, the undersigned, IndyMac Bank, F.S.B. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210 G.M.D, of Banks County, Georgia, being Tract No. 3 containing 14.248 Acres, more or less, as more particularly described to a plat of survey prepared for Ronald C. Puckett by Ringo & Sadler, Georgia Registered Surveyors, filed for record 12/07/2005 at Plat Book 30, Page 24, Banks County, GA Records, which said plat is incorporated herein by reference for a more detailed description to said property.
Subject to easements of record and existing easements and rights of way for public roads and utilities now in use.
The above described property shall be subject to the following deed restrictions:
(1) The within described property shall be used for single family residential purposes only.
(2) No residence shall be erected to have less than 1400 Square Feet of indoor heated area, excluding garage area.
(3) No mobile home, modular home or house trailer shall be permitted on the within described property; except however travel trailers, campers, or camping trailers that are the property of the land owner and are not used as a permanent residence.
(4) Junk cars or trucks not currently operating with currant tag a registration will be prohibited from being stored on the property.
(5) No accumulation of trash, waste or debris shall be permitted on said property.
(6) Grantee herein by acceptance of this deed, hereby agrees to apply for the continuation of the conservation use covenants on the subject property, within 15 days from the acceptance of this deed.
(7) Invalidation of any one of these restrictions or any part hereof by judgment or court order or otherwise shall in no way affect any of the other restrictions which shall remain in full force and effect.
Map & Parcel # B49 054B
which has the property address of Tract 3 Charity Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Kevin L Williamson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
IndyMac Bank, F.S.B. Attorney in Fact for Kevin L. Williamson
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-27303 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE5,12,19,25B/1325-70)
gpn02
Public Notice
Amanda Khristen Moore of MOORE’S WINGZ & THINGZ RESTAURANT, located at 216 Stephen B. Tanger Blvd. at Banks Crossing has applied to Banks County for a “Malt Beverage Consumption License”. This application will be considered at a meeting of the Banks County Commission on March 10, 2009, at 6:30 p.m., in the Board Room of the Banks County Courthouse Annex.
(FE25,MA4B/442-10)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate MOUNTAIN TOP GRANITE, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 147 Buckeye Point, Commerce, Banks County, Georgia 30530. The initial registered agent of the corporation at such address is Jennifer Ebert.
Lisa M. Gable
Robertson & Gable, LLC
3075 Breckinridge Blvd., Suite 450
Duluth, GA 30096
(770) 736-5182
(FE25,MA4P2)
Gpn18
Tolliver Estate
Probate Court
of Banks County
Notice
Re: Petition of EUNICE KRISTINE TOLLIVER to probate in solemn form the will of DANNY WAYNE TOLLIVER, deceased, upon which an order for service was granted by this Court on February 17, 2009.
TO: BRET TOLLIVER and any other unknown heir of Danny Wayne Tolliver and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before March 23, 2009, by 10:00 a.m.
BE FURTHER NOTIFIED: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Vicki Dalton
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE25,MA4,11,18P4)
gpn07
Anderson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Q.D. ANDERSON, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12th day of February, 2009.
Winnie Ann Anderson Allen
Executor/Administrator
1709 Historic Homer Hwy.
Commerce, GA 30529
(FE18,25,MA4,11P4)
gpn18
Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 6, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(FE11,18,25,MA4P4)
Gpn07
McClure Estate
Notice to Debtors and Creditors
All creditors of the Estate of WILLIAM HOWARD MCCLURE, SR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 22 day of January, 2009.
James McClure
Executor/Administrator
1397 GA Hwy. 164
Commerce, GA 30529
(FE4,11,18,25P4)
Gpn07
White Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHN LAFAYETTE (J.L.) WHITE, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 22 day of January, 2009.
Carolyn Mote and Brenda Webb
Executors/Administrators
2494 Hwy. 51 S
Lula, GA 30554
(FE4,11,18,25P4)
Public Notices
Banks County Public Records 02-18-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 3/3/09
Our file no. 5206209-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005, in Plat Book F, Page 18, in the office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of SUPERIOR BANK FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 3/3/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(FE5,12,19,25B/12062-70T1P) [Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s). Green Tree Servicing, LLC as Attorney-in-Fact for Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 3/3/09
Our file no. 5206209-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005, in Plat Book F, Page 18, in the office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of SUPERIOR BANK FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 3/3/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(FE5,12,19,25B/12062-70T1P) [Full Story »]
Banks County Public Records 02-11-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for
Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 27, 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. Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net
MR/pxs 3/3/09 Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1&2 and Deed Book 239 Pages 128-132.
MR/pxs 3/3/09 Our file no. 5159009 - FT8
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 528, 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.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pxs 3/3/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 & 2 and Deed Book 239 Pages 128-132.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 3/3/09
Our file no. 5206209-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005, in Plat Book F, Page 18, in the office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of SUPERIOR BANK FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 3/3/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(FE5,12,19,25B/12062-70T1P)
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 ANGEL MARTINEZ REYES to NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK, dated November 9, 2006, recorded in Deed Book 294, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Angel Martinez Reyes or a tenant or tenants and said property is more commonly known as 168 Tyler Road, Gillsville, Georgia 30543.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
National City Mortgage, a division of National City Bank as Attorney in Fact for Angel Martinez Reyes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eja 3/3/09
Our file no. 53305408-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, containing 6.40 acres, more or less, as shown on a plat of survey prepared for Samuel R. Tyler and Dorothy Tyler by Max Lewallen, RLS, dated July 26, 1999, recorded in Plat Book 24, Page 102, Banks County, Georgia Records; said plat being incorporated herein by reference for a more complete description.
(FE5,12,19,25B/12062-60T1P)
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 RALPH H. PHILLIPS and LAURA L. PHILLIPS to WELLS FARGO BANK, NA., dated February 7, 2003, recorded in Deed Book 208, Page 406, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND TWO HUNDRED FORTY AND 0/100 DOLLARS ($119,240.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Ralph H. Phillips and Laura L. Phillips or a tenant or tenants and said property is more commonly known as 132 Ridgeway Terrace, Maysville, Georgia 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA. as Attorney in Fact for Ralph H. Phillips and Laura L. Phillips
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 3/3/09
Our file no. 53253908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, City of Maysville, designated as Lot No. 11, containing 1.02 acres, more or less, Ridgeway Hills Subdivision, as per plat of survey prepared for Ralph Phillips and Laura Phillips by Slate & Associates, Inc., GLRS, dated October 2, 2000, and recorded in Plat Book 25, Page 107, in the Clerk’s Office of the Superior Court of Banks County, Georgia. Said plat as recorded is hereby referenced for a more detailed description of said property.
(FE5,12,19,26B/12062-60T1P)
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 KEVIN L. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 4, 2007, in the amount of $105,149.00, and recorded in Deed Book 297, Page 117, Banks County, Georgia Records, as last transferred to IndyMac Bank, F.S.B. by assignment, the undersigned, IndyMac Bank, F.S.B. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210 G.M.D, of Banks County, Georgia, being Tract No. 3 containing 14.248 Acres, more or less, as more particularly described to a plat of survey prepared for Ronald C. Puckett by Ringo & Sadler, Georgia Registered Surveyors, filed for record 12/07/2005 at Plat Book 30, Page 24, Banks County, GA Records, which said plat is incorporated herein by reference for a more detailed description to said property.
Subject to easements of record and existing easements and rights of way for public roads and utilities now in use.
The above described property shall be subject to the following deed restrictions:
(1) The within described property shall be used for single family residential purposes only.
(2) No residence shall be erected to have less than 1400 Square Feet of indoor heated area, excluding garage area.
(3) No mobile home, modular home or house trailer shall be permitted on the within described property; except however travel trailers, campers, or camping trailers that are the property of the land owner and are not used as a permanent residence.
(4) Junk cars or trucks not currently operating with currant tag a registration will be prohibited from being stored on the property.
(5) No accumulation of trash, waste or debris shall be permitted on said property.
(6) Grantee herein by acceptance of this deed, hereby agrees to apply for the continuation of the conservation use covenants on the subject property, within 15 days from the acceptance of this deed.
(7) Invalidation of any one of these restrictions or any part hereof by judgment or court order or otherwise shall in no way affect any of the other restrictions which shall remain in full force and effect.
Map & Parcel # B49 054B
which has the property address of Tract 3 Charity Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Kevin L Williamson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
IndyMac Bank, F.S.B. Attorney in Fact for Kevin L. Williamson
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-27303 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE5,12,19,25B/1325-70)
gpn06
Inc. Notice
Notice is given that NIFTY FIFTY ENTERPRISES, INC., has been duly incorporated under the laws of the State of Georgia on 01/02/2009 by the filing of articles of incorporation in the Office of the Secretary of State and by the paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.
The initial registered office of the corporation is located at 859 Garrison Rd., Lula, Ga. 30554, and its registered agent at same address is Vicki Whisnant.
(FE11,18P2)
Gpn18
Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 6, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(FE11,18,25,MA4P4)
gpn16
Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office.
V-09-02 - Leonard & Betty Hart - A variance application for an accessory building to the front of the property at 765 Wilkinson Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-09-02 - Kelley & Vickie Harris, Commerce Properties, LLC - A conditional use application for a urgent care medical clinic at 423 Pottery Factory Drive. This property is zoned C-2, General Commercial.
The above items are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, March 3, 2009, at 7 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, March 10, 2009, at 6:30 p.m., in the board room at the Banks County Courthouse annex at 150 Hudson Ridge.
Interested persons are invited to appear and comment.
This 11th day of February, 2009.
(FE11B/069-20)
Gpn07
McClure Estate
Notice to Debtors
and Creditors
All creditors of the Estate of WILLIAM HOWARD MCCLURE, SR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 22 day of January, 2009.
James McClure
Executor/Administrator
1397 GA Hwy. 164
Commerce, GA 30529
(FE4,11,18,25P4)
Gpn07
White Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JOHN LAFAYETTE (J.L.) WHITE, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 22 day of January, 2009.
Carolyn Mote and Brenda Webb
Executors/Administrators
2494 Hwy. 51 S
Lula, GA 30554
(FE4,11,18,25P4)
Gpn18
Citation
Georgia, Banks County
Estate No. 2008-34
In Re: Petition of MARILYN & JEREMY YOPP for Temporary Letters of Guardianship
Estate of: CHRISTINA MARIE PURGASON, Minor
TO: Ricky Hartwell
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice, if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County courtroom.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Ste. 7
Homer, GA 30547
706-677-6250
(JA21, 28,FE4,11P4)
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for
Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 27, 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. Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net
MR/pxs 3/3/09 Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1&2 and Deed Book 239 Pages 128-132.
MR/pxs 3/3/09 Our file no. 5159009 - FT8
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 528, 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.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pxs 3/3/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 & 2 and Deed Book 239 Pages 128-132.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 3/3/09
Our file no. 5206209-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005, in Plat Book F, Page 18, in the office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of SUPERIOR BANK FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association (Assignee), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-1, and any amendments thereto as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 3/3/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(FE5,12,19,25B/12062-70T1P)
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 ANGEL MARTINEZ REYES to NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK, dated November 9, 2006, recorded in Deed Book 294, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Angel Martinez Reyes or a tenant or tenants and said property is more commonly known as 168 Tyler Road, Gillsville, Georgia 30543.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
National City Mortgage, a division of National City Bank as Attorney in Fact for Angel Martinez Reyes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eja 3/3/09
Our file no. 53305408-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, containing 6.40 acres, more or less, as shown on a plat of survey prepared for Samuel R. Tyler and Dorothy Tyler by Max Lewallen, RLS, dated July 26, 1999, recorded in Plat Book 24, Page 102, Banks County, Georgia Records; said plat being incorporated herein by reference for a more complete description.
(FE5,12,19,25B/12062-60T1P)
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 RALPH H. PHILLIPS and LAURA L. PHILLIPS to WELLS FARGO BANK, NA., dated February 7, 2003, recorded in Deed Book 208, Page 406, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND TWO HUNDRED FORTY AND 0/100 DOLLARS ($119,240.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Ralph H. Phillips and Laura L. Phillips or a tenant or tenants and said property is more commonly known as 132 Ridgeway Terrace, Maysville, Georgia 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA. as Attorney in Fact for Ralph H. Phillips and Laura L. Phillips
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 3/3/09
Our file no. 53253908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, City of Maysville, designated as Lot No. 11, containing 1.02 acres, more or less, Ridgeway Hills Subdivision, as per plat of survey prepared for Ralph Phillips and Laura Phillips by Slate & Associates, Inc., GLRS, dated October 2, 2000, and recorded in Plat Book 25, Page 107, in the Clerk’s Office of the Superior Court of Banks County, Georgia. Said plat as recorded is hereby referenced for a more detailed description of said property.
(FE5,12,19,26B/12062-60T1P)
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 KEVIN L. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 4, 2007, in the amount of $105,149.00, and recorded in Deed Book 297, Page 117, Banks County, Georgia Records, as last transferred to IndyMac Bank, F.S.B. by assignment, the undersigned, IndyMac Bank, F.S.B. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210 G.M.D, of Banks County, Georgia, being Tract No. 3 containing 14.248 Acres, more or less, as more particularly described to a plat of survey prepared for Ronald C. Puckett by Ringo & Sadler, Georgia Registered Surveyors, filed for record 12/07/2005 at Plat Book 30, Page 24, Banks County, GA Records, which said plat is incorporated herein by reference for a more detailed description to said property.
Subject to easements of record and existing easements and rights of way for public roads and utilities now in use.
The above described property shall be subject to the following deed restrictions:
(1) The within described property shall be used for single family residential purposes only.
(2) No residence shall be erected to have less than 1400 Square Feet of indoor heated area, excluding garage area.
(3) No mobile home, modular home or house trailer shall be permitted on the within described property; except however travel trailers, campers, or camping trailers that are the property of the land owner and are not used as a permanent residence.
(4) Junk cars or trucks not currently operating with currant tag a registration will be prohibited from being stored on the property.
(5) No accumulation of trash, waste or debris shall be permitted on said property.
(6) Grantee herein by acceptance of this deed, hereby agrees to apply for the continuation of the conservation use covenants on the subject property, within 15 days from the acceptance of this deed.
(7) Invalidation of any one of these restrictions or any part hereof by judgment or court order or otherwise shall in no way affect any of the other restrictions which shall remain in full force and effect.
Map & Parcel # B49 054B
which has the property address of Tract 3 Charity Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Kevin L Williamson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
IndyMac Bank, F.S.B. Attorney in Fact for Kevin L. Williamson
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-27303 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE5,12,19,25B/1325-70)
gpn06
Inc. Notice
Notice is given that NIFTY FIFTY ENTERPRISES, INC., has been duly incorporated under the laws of the State of Georgia on 01/02/2009 by the filing of articles of incorporation in the Office of the Secretary of State and by the paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.
The initial registered office of the corporation is located at 859 Garrison Rd., Lula, Ga. 30554, and its registered agent at same address is Vicki Whisnant.
(FE11,18P2)
Gpn18
Patterson
Estate
Georgia, Banks County Probate Court
Notice
To: Leslie Tuten & Carrie Flowers
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 6, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(FE11,18,25,MA4P4)
gpn16
Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office.
V-09-02 - Leonard & Betty Hart - A variance application for an accessory building to the front of the property at 765 Wilkinson Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-09-02 - Kelley & Vickie Harris, Commerce Properties, LLC - A conditional use application for a urgent care medical clinic at 423 Pottery Factory Drive. This property is zoned C-2, General Commercial.
The above items are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, March 3, 2009, at 7 p.m., in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, March 10, 2009, at 6:30 p.m., in the board room at the Banks County Courthouse annex at 150 Hudson Ridge.
Interested persons are invited to appear and comment.
This 11th day of February, 2009.
(FE11B/069-20)
Gpn07
McClure Estate
Notice to Debtors
and Creditors
All creditors of the Estate of WILLIAM HOWARD MCCLURE, SR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 22 day of January, 2009.
James McClure
Executor/Administrator
1397 GA Hwy. 164
Commerce, GA 30529
(FE4,11,18,25P4)
Gpn07
White Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JOHN LAFAYETTE (J.L.) WHITE, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 22 day of January, 2009.
Carolyn Mote and Brenda Webb
Executors/Administrators
2494 Hwy. 51 S
Lula, GA 30554
(FE4,11,18,25P4)
Gpn18
Citation
Georgia, Banks County
Estate No. 2008-34
In Re: Petition of MARILYN & JEREMY YOPP for Temporary Letters of Guardianship
Estate of: CHRISTINA MARIE PURGASON, Minor
TO: Ricky Hartwell
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice, if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County courtroom.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Ste. 7
Homer, GA 30547
706-677-6250
(JA21, 28,FE4,11P4)
Banks County Public Records 02-04-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for
Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 27, 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. Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net
MR/pxs 3/3/09 Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1&2 and Deed Book 239 Pages 128-132.
MR/pxs 3/3/09 Our file no. 5159009 - FT8
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 528, 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.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pxs 3/3/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 & 2 and Deed Book 239 Pages 128-132.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 3/3/09
Our file no. 5206209-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005, in Plat Book F, Page 18, in the office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July.
(FE4,11,18,25B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Deed to Secure Debt from HARRY FARRELL to GREEN TREE FINANCIAL SERVICING CORPORATION nka GREEN TREE SERVICING, LLC, dated November 3, 1998, and recorded in Deed Book 136, Page 350, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated November 3, 1998, in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY TWO AND 67/100 DOLLARS ($118,722.67) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of March 2009 regarding the following described property:
All that tract or parcel of land lying and being in the 284th GMD, Banks County, Georgia, containing 10.00 acres, as shown on a Plat of Survey for Harry Farrell, recorded in Plat Book 23, Page 119, Banks County Records, said plat being incorporated herein by reference.
This is a portion of the property conveyed to Richard T. Wolf and Pun Song Wolf by deed, dated March 28, 1987, and recorded in Deed Book 115, Page 267, Banks County Records.
Said property is commonly known as 448 Daily Rd., Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Deed to Secure Debt and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Harry Farrell or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for
Harry Farrell
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)
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 CARLA ODETTE AKA CARLA R. ODETTE and SHAWN M. ODETTE to BENEFICIAL MORTGAGE CO. OF GEORGIA dated June 5, 2006, in the amount of $173,559.99, and recorded in Deed Book 283, Page 637, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Homer 265th District, G.M. Bank County, Georgia and being that 1.30 more or less designated as Lot 18 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomeb Registered Surveyor dated November 26, 2000, recorded in Plat Book C Page 119 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part thereof by reference for a more detailed description. Subject to all easements, Rights of Way, and restricted covenants of record. Tax Map or Parcel Id No.; B51E-030
which has the property address of 155 Sullivan Dr., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carla Odette AKA Carla R. Odette and Shawn M. Odette and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Carla Odette AKA Carla R. Odette and Shawn M. Odette
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-01861 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
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 MICHAEL DOUGLAS O’NEAL aka MICHAEL D. O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael Douglas O’Neal aka Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal aka Michael D. O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 3/3/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(FE4,11,18,25B/12062-60T1P)
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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 27, 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. Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net
MR/pxs 3/3/09 Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1&2 and Deed Book 239 Pages 128-132.
MR/pxs 3/3/09 Our file no. 5159009 - FT8
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 528, 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.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pxs 3/3/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 & 2 and Deed Book 239 Pages 128-132.
(FE4,11,18,25B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by DAVID D. JOHNSON to REGIONS BANK, dated July 10, 2006, and recorded in Deed Book 285, Page 261, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 43, containing 1.033 acres, more or less, of the Lake View at Apple Pie Ridge Subdivision, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
SUBJECT TO: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324, Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
Upon information and belief of lender, said property is commonly known as 119 Lakeview Court, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, Post Office Box 507, Huntsville, Alabama 35804-0507 (205/264-4587). Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of David D. Johnson, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for David D. Johnson
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE4,11,18,25P4)
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 DAVID JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 26, 2006, in the amount of $360,000.00, and recorded in Deed Book 296, Page 761, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 42 of the Lake View at Apple Pie Ridge Subdivision, containing 1.101 acres, more or less on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
which has the property address of 119 Lakeview Court, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of David Johnson and Elizabeth E. Johnson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for David Johnson
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26197 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by TERRY L. THOMAS and ANGELA M. THOMAS to REGIONS BANK, dated May 22, 2003, and recorded in Deed Book 215, Page 32, as modified by that certain Modification of Security Deed dated June 30, 2006, recorded in Deed Book 287, Page 161, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987, recorded in Plat Book 13, Page 57, Banks County, Georgia Records, said plat being incorporated herein by reference for a more complete description.
ALSO CONVEYED are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from US Highway 441.
Upon information and belief of lender, said property is commonly known as 235 Burma Road, Alto, Georgia 30510.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Terry L. Thomas and Angela M. Thomas, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Regions Bank, as attorney in fact for Terry L. Thomas and Angela M. Thomas
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W.
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
108.0118
(FE4,11,18,25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ELISSA HALBREICH to UNITED COMMUNITY BANK, dated March 6, 2006, recorded March 23, 2006, in Deed Book 278, Page 185, Banks County, Georgia Records, said Security Deed being given to secure a Note from ELISSA HALBREICH of even date in the original principal amount of FORTY NINE THOUSAND SEVEN HUNDRED EIGHT AND 00/100 ($49,708.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 44, Phase 5 of the Apple Pie Ridge Subdivision, containing 2.683 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193, Pages 285-324 and Deed Book 233, Pages 1 & 2 and Deed Book 239, Pages 128-132.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ELISSA HALBREICH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ELISSA HALBREICH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00978
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by HOWARD G. CHURCHWELL and CHERYL B. CHURCHWELL to REGIONS MORTGAGE, INC. NOW REGIONS BANK DBA REGIONS MORTGAGE, dated November 8, 2001, and recorded in Deed Book 181, Page 596, Banks County Records, securing a Note in the original principal amount of $52,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with improvements thereon including a mobile home, lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 1.0 acre and shown as Tract B on plat of survey prepared by Max Lewallan, R.S., dated May 29, 1998 and which is more particularly described as follows: Beginning at the point of intersection of Old Highway 441 and Sample Scales Road and running thence along the centerline South 69 degrees 59 minutes West 1,333.3 feet to corner; thence leaving the right-of-way of Sample Scales Road and running North 72 degrees 22 minutes West 200.0 feet to a corner; thence South 53 degrees 57 minutes West 175.91 feet to the true point of beginning of the tract herein described and conveyed; running thence South 44 degrees 44 minutes East 215.0 feet to corner on the Northwesterly right-of-way of Sample Scales Road; thence along Sample Scales Road South 45 degrees 16 minutes West 77.30 feet; thence continuing along Sample Scales Road South 46 degrees 49 minutes West 132.82 feet to corner; thence North 37 degrees 01 minute West 231.82 feet to corner; thence North 51 degrees 07 minutes East 179.76 feet to the true point of beginning.
The land hereinabove described and conveyed is a portion of the land described and conveyed in Warranty Deed from Terrell J. Simmons to Amanda K. Bryson, which is recorded among Banks County, Georgia Records in Deed Book 129, at page 107.
Said property is known as 2699 Samples Scales Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Howard G. Churchwell and Cheryl B. Churchwell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Howard G. Churchwell and Cheryl B. Churchwell, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger with Regions Mortgage, Inc. as Attorney-in-Fact for Howard G. Churchwell and Cheryl B. Churchwell
File no. 08-008717
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JERALD S. LINGL and SANDRA ROBERTSON to HOMEBANC MORTGAGE CORPORATION, dated July 10, 2007, recorded in Deed Book 309, Page 724, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED ELEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($211,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jerald S. Lingl and Sandra Robertson or a tenant or tenants and said property is more commonly known as 138 Walkers Way Lane, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing LP as Attorney in Fact for Jerald S. Lingl and Sandra Robertson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 3/3/09
Our file no. 5206209-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 2.395 acres, more or less and being Lot 7 of Athenas Way Subdivision, as more particularly shown on a Plat of survey prepared by Ingram, Lord & Associate, Registered Surveyor, recorded November 5, 2005, in Plat Book F, Page 18, in the office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Loan if 0024279135 planned Unit development rider this planned Unit development rider is made this 10th Day of July.
(FE4,11,18,25B/12062-70T1P)
[Full Story »]
Banks County Public Records 01-28-09
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 GARY TILLER and VICKIE R. TILLER to REGIONS BANK, dated October 12, 2001, recorded in Deed Book 184, Page 615, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corporation, PO Box 10063, Birmingham, AL 35282, 1-800-290-5358. 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 Gary Tiller, Vickie R. Tiller and Gary Tiller, Sr. or a tenant or tenants and said property is more commonly known as 311 Hooper Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank as Attorney in Fact for Gary Tiller and Vickie R. Tiller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 2/3/09
Our file no. 52355108-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.60 acres, more or less, as more particularly shown on a plat of survey prepared for Gary Tiller & Vickie R. Tiller by G. Brian Slate, Registered Surveyor, dated November 11, 1996, recorded at Plat Book 21, Page 150, 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 security deed recorded in Deed Book 218, Page 84, aforesaid records.
All of 30 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDY L. FARRINGTON and PATRICIA M. FARRINGTON to NEW CENTURY MORTGAGE CORPORATION dated September 24, 2001, recorded in Deed Book 179, Page 341, Banks County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 by assignment to be recorded at Banks County Georgia Records conveying the after-described property to secure a Note in the original principal amount of SEVENTY FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($75,650.00) with interest thereon as set forth therein, there will be sold at public outcry to 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 2009 the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Randy L. Farrington and Patricia M. Farrington or a tenant or tenants and said property is more commonly known as 392 Mountian Creek Lane, Maysville, GA 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.
U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 as Attorney in Fact for Randy L. Farrington and Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Out File# GA01F-NO081000017
EXHIBIT “A”
All that tract or parcel of land lying and being in the Anderson (465th) G.M.D., in Banks County, Georgia, containing 1.00 acre, as more fully shown and described on plat of survey dated February 19, 1994, prepared by Max Lewallen, Registered Surveyor, Georgia #2067, for Patricia M. Farrington, recorded in the Office of the Clerk of Superior Court, Banks County, Georgia Records, in Plat Book 19, Page 24. Said plat is incorporated herein by reference for a more detailed description of said property.
Also, grantor herein conveys to grantees, and their heirs, successors and assigns a non-exclusive easement for ingress-egress over and across an existing driveway passing over and across adjoining property of Brown; subject to a similar right of ingress reserved in favor of grantor, her heirs, successors and assigns for the use of said existing driveway. Said easement is more fully shown and described on the above referenced plat of survey to which reference is made for a more particular description.
(JA8,15,22,29B/18550-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(JA8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia Records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia Records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(JA8,15,22,28B/16022-50T1P)
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 KATHLEEN V. STRICKLAND and RUSSELL STRICKLAND to OPTION ONE MORTGAGE CORPORATION dated May 18, 2004, in the amount of $118,750.00, and recorded in Deed Book 238, Page 273, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 by assignment, the undersigned, Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.361 acres, more or less, designated as Lot 7, Cedar Grove Subdivision, Phase I, as more particularly shown on a Plat of Survey prepared for Douglas M. Cassiday & Janet B. Cassiday by Ringo & Sadler, Registered Surveyor, dated September 17, 1991, recorded at Plat Book 17, Page 104, 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 particular description.
which has the property address of 644 Grove Level 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 Kathleen V. Strickland and Russell Strickland 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.
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 Attorney in Fact for Kathleen V. Strickland and Russell Strickland
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29111 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia Records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/16022-50T1P)
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 JUANITA E. LOVE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 328, Banks County, Georgia Records, as last transferred to Suntrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($351,200.00), 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, 2009, the following described property:
All that tract or parcel of land containing 4.000 acres, more or less, in the 465th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of John F. Rylee, Sr., East by lands of John F. Rylee, Sr., south by Carson Segars Road, and west by lands of John F. Rylee, Sr.
Said tract or land being more particularly described according to a plat of survey prepared by Venable & Associates, Inc., Surveyors, on April 6, 2005, for Juanita Elise Rylee, which plat is recorded in plat book 29, page 104, of the public records of Banks County, and is by reference incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love and Christopher S. Love or a tenant or tenants and said property is more commonly known as 1408 Carson Segars 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.
Suntrust Mortgage, Inc. as Attorney in Fact for Juanita E. Love
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/tah 2/3/09
Our file no. 11805608-FT2
(JA8,15,22,29B/12062-60T1P)
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 DEBRA WHEELER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2006, in the amount of $81,606.00, and recorded in Deed Book 292, Page 399, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th 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 Larry J. Grizzle by Clelland A. Tyson, Registered Surveyor, dated August 21, 1990, revised October 14, 1991, recorded in Plat Book 25, Page 118, 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 258 Hebron 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 Debra Wheeler and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Debra Wheeler
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12930 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by RANDOLPH P. GRANT and RYAN S. BURNETT to REGIONS BANK, dated June 8, 2006, and recorded in Deed Book 283, Page 672, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in February, 2009, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 4, of The Apple Pie Ridge Subdivision containing 1314 acres, more or less on a plat of survey prepared by Edwin G. Davidson, &LS, under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Upon information and belief of lender, said property is commonly known as Lot 28, Phase 4, Apple Pie Ridge Road, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Randolph P. Grant and Ryan S. Burnett, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Randolph P. Grant and Ryan S. Burnett
MICHAEL D. PAYNE, Attorney for
Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(JA8,15,22,29P4)
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 LORI JONES to OPTION ONE MORTGAGE CORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), 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, 2009, the following described property: All that tract or parcel of land, containing 10.28 acres, more or less, in the 1464th GMD of County, Georgia, bounded now or formerly as follows: North by Queen Road: East by lands of Morris; South by lands of Morris; and West by lands of Voyles and Lands of Tanner.
Said tract of land being more particularly described according to a plat of survey prepared by and Associates, Surveyors, on the 26th day of February, 1993, which plat is recorded in Plat Book 17, Page 224, Public Records of Said County, Georgia is by reference incorporated herein as a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows:
Beginning at a point located at the intersection of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; running thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of beginning; running thence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2: rebar found; running thence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2: pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1: crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; running thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Gregory F. Garland by James Robert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete description thereof.
Together With:
That certain 1988 doublewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Lori Jones or a tenant or tenants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attorney in Fact for Lori Jones
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 2/3/09 Our file no. 1420107-FT1
(JA8,15,22,29B/12062-120T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/cj 2/3/09
Our file no. 1346907-FT2
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BRITTANY A. HERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 27, 2006, recorded in Deed Book 296, Page 568, Banks County, Georgia Records, as last transferred to Flagstar Bank, FSB 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 EIGHTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($189,900.00), with interest thereon as set forth therein, there will be sold at public outcry to 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Brittany A. Herrin and Caleb Herrin or a tenant or tenants and said property is more commonly known as 750 Rock Springs Rd., 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.
Flagstar Bank, FSB as Attorney in Fact for Brittany A. Herrin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52311208-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia designated as Lot 4, containing 1.00 acre, more or less, as shown on that Plat of Survey prepared for John W. Thomas and Barbara M. Thomas by Max Jackson Lewallen, Registered Land Surveyor #2067, under date of January 3, 2006 and being recorded in Plat Book 30, Page 118, in the Office of the Clerk of the Superior Court of Banks County, Georgia deed records. Said plat is incorporated herein for a more full and complete legal description.
This is that same property conveyed to William Blake Thomas from John W. Thomas and Barbara M. Thomas via Warranty Deed dated July 7, 2006 and recorded on July 19, 2006 in Deed Book 285, Page 583 of the aforewritten deed records.
(JA8,15,22,29B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GARY TILLER and VICKIE R. TILLER to REGIONS BANK, dated October 12, 2001, recorded in Deed Book 184, Page 615, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corporation, PO Box 10063, Birmingham, AL 35282, 1-800-290-5358. 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 Gary Tiller, Vickie R. Tiller and Gary Tiller, Sr. or a tenant or tenants and said property is more commonly known as 311 Hooper Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank as Attorney in Fact for Gary Tiller and Vickie R. Tiller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 2/3/09
Our file no. 52355108-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.60 acres, more or less, as more particularly shown on a plat of survey prepared for Gary Tiller & Vickie R. Tiller by G. Brian Slate, Registered Surveyor, dated November 11, 1996, recorded at Plat Book 21, Page 150, 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 security deed recorded in Deed Book 218, Page 84, aforesaid records.
All of 30 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDY L. FARRINGTON and PATRICIA M. FARRINGTON to NEW CENTURY MORTGAGE CORPORATION dated September 24, 2001, recorded in Deed Book 179, Page 341, Banks County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 by assignment to be recorded at Banks County Georgia Records conveying the after-described property to secure a Note in the original principal amount of SEVENTY FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($75,650.00) with interest thereon as set forth therein, there will be sold at public outcry to 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 2009 the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Randy L. Farrington and Patricia M. Farrington or a tenant or tenants and said property is more commonly known as 392 Mountian Creek Lane, Maysville, GA 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.
U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 as Attorney in Fact for Randy L. Farrington and Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Out File# GA01F-NO081000017
EXHIBIT “A”
All that tract or parcel of land lying and being in the Anderson (465th) G.M.D., in Banks County, Georgia, containing 1.00 acre, as more fully shown and described on plat of survey dated February 19, 1994, prepared by Max Lewallen, Registered Surveyor, Georgia #2067, for Patricia M. Farrington, recorded in the Office of the Clerk of Superior Court, Banks County, Georgia Records, in Plat Book 19, Page 24. Said plat is incorporated herein by reference for a more detailed description of said property.
Also, grantor herein conveys to grantees, and their heirs, successors and assigns a non-exclusive easement for ingress-egress over and across an existing driveway passing over and across adjoining property of Brown; subject to a similar right of ingress reserved in favor of grantor, her heirs, successors and assigns for the use of said existing driveway. Said easement is more fully shown and described on the above referenced plat of survey to which reference is made for a more particular description.
(JA8,15,22,29B/18550-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(JA8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia Records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia Records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(JA8,15,22,28B/16022-50T1P)
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 KATHLEEN V. STRICKLAND and RUSSELL STRICKLAND to OPTION ONE MORTGAGE CORPORATION dated May 18, 2004, in the amount of $118,750.00, and recorded in Deed Book 238, Page 273, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 by assignment, the undersigned, Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.361 acres, more or less, designated as Lot 7, Cedar Grove Subdivision, Phase I, as more particularly shown on a Plat of Survey prepared for Douglas M. Cassiday & Janet B. Cassiday by Ringo & Sadler, Registered Surveyor, dated September 17, 1991, recorded at Plat Book 17, Page 104, 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 particular description.
which has the property address of 644 Grove Level 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 Kathleen V. Strickland and Russell Strickland 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.
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 Attorney in Fact for Kathleen V. Strickland and Russell Strickland
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29111 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia Records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/16022-50T1P)
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 JUANITA E. LOVE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 328, Banks County, Georgia Records, as last transferred to Suntrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($351,200.00), 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, 2009, the following described property:
All that tract or parcel of land containing 4.000 acres, more or less, in the 465th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of John F. Rylee, Sr., East by lands of John F. Rylee, Sr., south by Carson Segars Road, and west by lands of John F. Rylee, Sr.
Said tract or land being more particularly described according to a plat of survey prepared by Venable & Associates, Inc., Surveyors, on April 6, 2005, for Juanita Elise Rylee, which plat is recorded in plat book 29, page 104, of the public records of Banks County, and is by reference incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love and Christopher S. Love or a tenant or tenants and said property is more commonly known as 1408 Carson Segars 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.
Suntrust Mortgage, Inc. as Attorney in Fact for Juanita E. Love
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/tah 2/3/09
Our file no. 11805608-FT2
(JA8,15,22,29B/12062-60T1P)
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 DEBRA WHEELER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2006, in the amount of $81,606.00, and recorded in Deed Book 292, Page 399, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th 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 Larry J. Grizzle by Clelland A. Tyson, Registered Surveyor, dated August 21, 1990, revised October 14, 1991, recorded in Plat Book 25, Page 118, 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 258 Hebron 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 Debra Wheeler and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Debra Wheeler
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12930 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by RANDOLPH P. GRANT and RYAN S. BURNETT to REGIONS BANK, dated June 8, 2006, and recorded in Deed Book 283, Page 672, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in February, 2009, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 4, of The Apple Pie Ridge Subdivision containing 1314 acres, more or less on a plat of survey prepared by Edwin G. Davidson, &LS, under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Upon information and belief of lender, said property is commonly known as Lot 28, Phase 4, Apple Pie Ridge Road, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Randolph P. Grant and Ryan S. Burnett, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Randolph P. Grant and Ryan S. Burnett
MICHAEL D. PAYNE, Attorney for
Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(JA8,15,22,29P4)
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 LORI JONES to OPTION ONE MORTGAGE CORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), 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, 2009, the following described property: All that tract or parcel of land, containing 10.28 acres, more or less, in the 1464th GMD of County, Georgia, bounded now or formerly as follows: North by Queen Road: East by lands of Morris; South by lands of Morris; and West by lands of Voyles and Lands of Tanner.
Said tract of land being more particularly described according to a plat of survey prepared by and Associates, Surveyors, on the 26th day of February, 1993, which plat is recorded in Plat Book 17, Page 224, Public Records of Said County, Georgia is by reference incorporated herein as a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows:
Beginning at a point located at the intersection of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; running thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of beginning; running thence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2: rebar found; running thence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2: pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1: crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; running thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Gregory F. Garland by James Robert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete description thereof.
Together With:
That certain 1988 doublewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Lori Jones or a tenant or tenants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attorney in Fact for Lori Jones
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 2/3/09 Our file no. 1420107-FT1
(JA8,15,22,29B/12062-120T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/cj 2/3/09
Our file no. 1346907-FT2
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BRITTANY A. HERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 27, 2006, recorded in Deed Book 296, Page 568, Banks County, Georgia Records, as last transferred to Flagstar Bank, FSB 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 EIGHTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($189,900.00), with interest thereon as set forth therein, there will be sold at public outcry to 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Brittany A. Herrin and Caleb Herrin or a tenant or tenants and said property is more commonly known as 750 Rock Springs Rd., 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.
Flagstar Bank, FSB as Attorney in Fact for Brittany A. Herrin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52311208-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia designated as Lot 4, containing 1.00 acre, more or less, as shown on that Plat of Survey prepared for John W. Thomas and Barbara M. Thomas by Max Jackson Lewallen, Registered Land Surveyor #2067, under date of January 3, 2006 and being recorded in Plat Book 30, Page 118, in the Office of the Clerk of the Superior Court of Banks County, Georgia deed records. Said plat is incorporated herein for a more full and complete legal description.
This is that same property conveyed to William Blake Thomas from John W. Thomas and Barbara M. Thomas via Warranty Deed dated July 7, 2006 and recorded on July 19, 2006 in Deed Book 285, Page 583 of the aforewritten deed records.
(JA8,15,22,29B/12062-70T1P)
[Full Story »]
Banks County Public Records 01-22-09
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 GARY TILLER and VICKIE R. TILLER to REGIONS BANK, dated October 12, 2001, recorded in Deed Book 184, Page 615, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corporation, PO Box 10063, Birmingham, AL 35282, 1-800-290-5358. 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 Gary Tiller, Vickie R. Tiller and Gary Tiller, Sr. or a tenant or tenants and said property is more commonly known as 311 Hooper Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank as Attorney in Fact for Gary Tiller and Vickie R. Tiller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 2/3/09
Our file no. 52355108-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.60 acres, more or less, as more particularly shown on a plat of survey prepared for Gary Tiller & Vickie R. Tiller by G. Brian Slate, Registered Surveyor, dated November 11, 1996, recorded at Plat Book 21, Page 150, 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 security deed recorded in Deed Book 218, Page 84, aforesaid records.
All of 30 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDY L. FARRINGTON and PATRICIA M. FARRINGTON to NEW CENTURY MORTGAGE CORPORATION dated September 24, 2001, recorded in Deed Book 179, Page 341, Banks County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 by assignment to be recorded at Banks County Georgia Records conveying the after-described property to secure a Note in the original principal amount of SEVENTY FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($75,650.00) with interest thereon as set forth therein, there will be sold at public outcry to 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 2009 the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Randy L. Farrington and Patricia M. Farrington or a tenant or tenants and said property is more commonly known as 392 Mountian Creek Lane, Maysville, GA 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.
U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 as Attorney in Fact for Randy L. Farrington and Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Out File# GA01F-NO081000017
EXHIBIT “A”
All that tract or parcel of land lying and being in the Anderson (465th) G.M.D., in Banks County, Georgia, containing 1.00 acre, as more fully shown and described on plat of survey dated February 19, 1994, prepared by Max Lewallen, Registered Surveyor, Georgia #2067, for Patricia M. Farrington, recorded in the Office of the Clerk of Superior Court, Banks County, Georgia Records, in Plat Book 19, Page 24. Said plat is incorporated herein by reference for a more detailed description of said property.
Also, grantor herein conveys to grantees, and their heirs, successors and assigns a non-exclusive easement for ingress-egress over and across an existing driveway passing over and across adjoining property of Brown; subject to a similar right of ingress reserved in favor of grantor, her heirs, successors and assigns for the use of said existing driveway. Said easement is more fully shown and described on the above referenced plat of survey to which reference is made for a more particular description.
(JA8,15,22,29B/18550-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(JA8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia Records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia Records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(JA8,15,22,28B/16022-50T1P)
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 KATHLEEN V. STRICKLAND and RUSSELL STRICKLAND to OPTION ONE MORTGAGE CORPORATION dated May 18, 2004, in the amount of $118,750.00, and recorded in Deed Book 238, Page 273, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 by assignment, the undersigned, Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.361 acres, more or less, designated as Lot 7, Cedar Grove Subdivision, Phase I, as more particularly shown on a Plat of Survey prepared for Douglas M. Cassiday & Janet B. Cassiday by Ringo & Sadler, Registered Surveyor, dated September 17, 1991, recorded at Plat Book 17, Page 104, 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 particular description.
which has the property address of 644 Grove Level 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 Kathleen V. Strickland and Russell Strickland 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.
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 Attorney in Fact for Kathleen V. Strickland and Russell Strickland
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29111 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia Records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/16022-50T1P)
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 JUANITA E. LOVE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 328, Banks County, Georgia Records, as last transferred to Suntrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($351,200.00), 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, 2009, the following described property:
All that tract or parcel of land containing 4.000 acres, more or less, in the 465th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of John F. Rylee, Sr., East by lands of John F. Rylee, Sr., south by Carson Segars Road, and west by lands of John F. Rylee, Sr.
Said tract or land being more particularly described according to a plat of survey prepared by Venable & Associates, Inc., Surveyors, on April 6, 2005, for Juanita Elise Rylee, which plat is recorded in plat book 29, page 104, of the public records of Banks County, and is by reference incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love and Christopher S. Love or a tenant or tenants and said property is more commonly known as 1408 Carson Segars 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.
Suntrust Mortgage, Inc. as Attorney in Fact for Juanita E. Love
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/tah 2/3/09
Our file no. 11805608-FT2
(JA8,15,22,29B/12062-60T1P)
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 DEBRA WHEELER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2006, in the amount of $81,606.00, and recorded in Deed Book 292, Page 399, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th 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 Larry J. Grizzle by Clelland A. Tyson, Registered Surveyor, dated August 21, 1990, revised October 14, 1991, recorded in Plat Book 25, Page 118, 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 258 Hebron 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 Debra Wheeler and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Debra Wheeler
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12930 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JAMES F. JACKSON and MELANIE A. JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 25, 2005, in the amount of $110,500.00, and recorded in Deed Book 266, Page 247, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being on Main Street, presently numbered 6229 Main Street, being in Land Lot 66, 9th District, in the City of Lula, County of Banks, State of Georgia, being known and designated as Lot 5, containing 0.70 acres, as per a plat recorded in Plat Book C, Page 9, Banks County, Georgia Records, which plat is incorporated herein by reference.
which has the property address of 6229 Main Street, 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 James F. Jackson and Melanie A. Jackson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for James F. Jackson and Melanie A. Jackson
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-28419 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by RANDOLPH P. GRANT and RYAN S. BURNETT to REGIONS BANK, dated June 8, 2006, and recorded in Deed Book 283, Page 672, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in February, 2009, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 4, of The Apple Pie Ridge Subdivision containing 1314 acres, more or less on a plat of survey prepared by Edwin G. Davidson, &LS, under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Upon information and belief of lender, said property is commonly known as Lot 28, Phase 4, Apple Pie Ridge Road, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Randolph P. Grant and Ryan S. Burnett, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Randolph P. Grant and Ryan S. Burnett
MICHAEL D. PAYNE, Attorney for
Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(JA8,15,22,29P4)
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 LORI JONES to OPTION ONE MORTGAGE CORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), 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, 2009, the following described property: All that tract or parcel of land, containing 10.28 acres, more or less, in the 1464th GMD of Bank County, Georgia, bounded now or formerly as follows: North by Queen Road: East by lands of Morris; South by lands of Morris; and West by lands of Voyles and Lands of Tanner.
Said tract of land being more particularly described according to a plat of survey prepared by Venabih and Associates, Surveyors, on the 26th day of February, 1993, which plat is recorded in Plat Book 17, Page 224, Public Records of Said Bank County, Georgia is by reference incorporated herein as a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows:
Beginning at a point located at the intersection of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; running thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of beginning; running thence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2: rebar found; running thence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2: pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1: crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; running thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Gregory F. Garland by James Robert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete description thereof.
Together With:
That certain 1988 doublewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Lori Jones or a tenant or tenants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attorney in Fact for Lori Jones
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 2/3/09 Our file no. 1420107-FT1
(JA8,15,22,29B/12062-120T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from HOYT EDWARD DODD, JR. to COMMUNITY BANK & TRUST, dated October 3, 2002, which Deed is recorded among Banks County, Georgia Records in Deed Book 201, Page 243, said Security Deed being given to secure a Note dated April 15, 2008, in the original principal amount of SEVENTY SIX THOUSAND FIVE HUNDRED SIXTY SEVEN AND 56/100 ($76,567.56) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, (February 3, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Roy A. Terrell, RLS, dated October 25, 1976 and said plat being recorded among Banks County, Georgia Records in Plat Book 6, Page 120, reference to said plat is being made for a more full and complete description.
Said property is known as 202 Barrett Road, Alto, Georgia, 30510-2404, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of HOYT EDWARD DODD, JR., who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for HOYT EDWARD DODD, JR.
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/1326-60)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DONALD KEITH K. WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 16, 2005, recorded in Deed Book 267, Page 454, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-SEVEN THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($147,600.00), with interest thereon as set forth therein, there will be sold at public outcry to 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Donald Keith K. Williams or a tenant or tenants and said property is more commonly known as 365 Sol Drive, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing, LP as Attorney in Fact for Donald Keith K. Williams
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 2/3/09
Our file no. 52824508-FT7
EXHIBIT A
All that tract or parcel of land lying and being in The 208th District, G.M., Banks County, Georgia, Being that 1.44 acres, more or less, as shown on a Plat of survey prepared for Dean R. Jackman & Angelia E. Jackman by Max Lewallen, registered surveyor, dated February 14, 1996, recorded at Plat Book 20, Page 134, 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 east by Payne; on the Southwest by Brownlee; and the northwest by Mashburn Estate.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/cj 2/3/09
Our file no. 1346907-FT2
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BRITTANY A. HERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 27, 2006, recorded in Deed Book 296, Page 568, Banks County, Georgia Records, as last transferred to Flagstar Bank, FSB 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 EIGHTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($189,900.00), with interest thereon as set forth therein, there will be sold at public outcry to 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Brittany A. Herrin and Caleb Herrin or a tenant or tenants and said property is more commonly known as 750 Rock Springs Rd., 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.
Flagstar Bank, FSB as Attorney in Fact for Brittany A. Herrin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52311208-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia designated as Lot 4, containing 1.00 acre, more or less, as shown on that Plat of Survey prepared for John W. Thomas and Barbara M. Thomas by Max Jackson Lewallen, Registered Land Surveyor #2067, under date of January 3, 2006 and being recorded in Plat Book 30, Page 118, in the Office of the Clerk of the Superior Court of Banks County, Georgia deed records. Said plat is incorporated herein for a more full and complete legal description.
This is that same property conveyed to William Blake Thomas from John W. Thomas and Barbara M. Thomas via Warranty Deed dated July 7, 2006 and recorded on July 19, 2006 in Deed Book 285, Page 583 of the aforewritten deed records.
(JA8,15,22,29B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RICHARD W. STRATTON TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 31, 2008, recorded in Deed Book 323, Page 544, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-TWO THOUSAND AND 0/100 DOLLARS ($62,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Rick Stratton or a tenant or tenants and said property is more commonly known as 561 Garland White Road, 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.
Wells Fargo Bank, NA as Attorney in Fact for Richard W. Stratton
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 2/3/09
Our file no. 53101208-FT7
EXHIBIT A
All that tract or parcel of land together with improvements thereon lying and being in the 448th GMD, Banks County, Georgia, containing 0.87 acre, more or less, as shown on plat of survey by Max Lewallen, surveyor dated November 11, 2001 recorded in Plat Book 26, Page 88, 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 right-of-way of record, if any.
(JA8,15,22,29B/12062-60T1P)
Gpn18
Citation
Georgia, Banks County
Estate No. 2008-34
In Re: Petition of MARILYN & JEREMY YOPP for Temporary Letters of Guardianship
Estate of: CHRISTINA MARIE PURGASON, Minor
TO: Ricky Hartwell
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice, if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County courtroom.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Ste. 7
Homer, GA 30547
706-677-6250
(JA22, 29,FE5,12P4)
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GARY TILLER and VICKIE R. TILLER to REGIONS BANK, dated October 12, 2001, recorded in Deed Book 184, Page 615, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corporation, PO Box 10063, Birmingham, AL 35282, 1-800-290-5358. 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 Gary Tiller, Vickie R. Tiller and Gary Tiller, Sr. or a tenant or tenants and said property is more commonly known as 311 Hooper Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank as Attorney in Fact for Gary Tiller and Vickie R. Tiller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 2/3/09
Our file no. 52355108-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.60 acres, more or less, as more particularly shown on a plat of survey prepared for Gary Tiller & Vickie R. Tiller by G. Brian Slate, Registered Surveyor, dated November 11, 1996, recorded at Plat Book 21, Page 150, 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 security deed recorded in Deed Book 218, Page 84, aforesaid records.
All of 30 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDY L. FARRINGTON and PATRICIA M. FARRINGTON to NEW CENTURY MORTGAGE CORPORATION dated September 24, 2001, recorded in Deed Book 179, Page 341, Banks County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 by assignment to be recorded at Banks County Georgia Records conveying the after-described property to secure a Note in the original principal amount of SEVENTY FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($75,650.00) with interest thereon as set forth therein, there will be sold at public outcry to 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 2009 the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Randy L. Farrington and Patricia M. Farrington or a tenant or tenants and said property is more commonly known as 392 Mountian Creek Lane, Maysville, GA 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.
U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 as Attorney in Fact for Randy L. Farrington and Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Out File# GA01F-NO081000017
EXHIBIT “A”
All that tract or parcel of land lying and being in the Anderson (465th) G.M.D., in Banks County, Georgia, containing 1.00 acre, as more fully shown and described on plat of survey dated February 19, 1994, prepared by Max Lewallen, Registered Surveyor, Georgia #2067, for Patricia M. Farrington, recorded in the Office of the Clerk of Superior Court, Banks County, Georgia Records, in Plat Book 19, Page 24. Said plat is incorporated herein by reference for a more detailed description of said property.
Also, grantor herein conveys to grantees, and their heirs, successors and assigns a non-exclusive easement for ingress-egress over and across an existing driveway passing over and across adjoining property of Brown; subject to a similar right of ingress reserved in favor of grantor, her heirs, successors and assigns for the use of said existing driveway. Said easement is more fully shown and described on the above referenced plat of survey to which reference is made for a more particular description.
(JA8,15,22,29B/18550-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(JA8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia Records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia Records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(JA8,15,22,28B/16022-50T1P)
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 KATHLEEN V. STRICKLAND and RUSSELL STRICKLAND to OPTION ONE MORTGAGE CORPORATION dated May 18, 2004, in the amount of $118,750.00, and recorded in Deed Book 238, Page 273, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 by assignment, the undersigned, Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.361 acres, more or less, designated as Lot 7, Cedar Grove Subdivision, Phase I, as more particularly shown on a Plat of Survey prepared for Douglas M. Cassiday & Janet B. Cassiday by Ringo & Sadler, Registered Surveyor, dated September 17, 1991, recorded at Plat Book 17, Page 104, 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 particular description.
which has the property address of 644 Grove Level 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 Kathleen V. Strickland and Russell Strickland 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.
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 Attorney in Fact for Kathleen V. Strickland and Russell Strickland
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29111 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia Records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/16022-50T1P)
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 JUANITA E. LOVE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 328, Banks County, Georgia Records, as last transferred to Suntrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($351,200.00), 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, 2009, the following described property:
All that tract or parcel of land containing 4.000 acres, more or less, in the 465th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of John F. Rylee, Sr., East by lands of John F. Rylee, Sr., south by Carson Segars Road, and west by lands of John F. Rylee, Sr.
Said tract or land being more particularly described according to a plat of survey prepared by Venable & Associates, Inc., Surveyors, on April 6, 2005, for Juanita Elise Rylee, which plat is recorded in plat book 29, page 104, of the public records of Banks County, and is by reference incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love and Christopher S. Love or a tenant or tenants and said property is more commonly known as 1408 Carson Segars 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.
Suntrust Mortgage, Inc. as Attorney in Fact for Juanita E. Love
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/tah 2/3/09
Our file no. 11805608-FT2
(JA8,15,22,29B/12062-60T1P)
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 DEBRA WHEELER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2006, in the amount of $81,606.00, and recorded in Deed Book 292, Page 399, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th 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 Larry J. Grizzle by Clelland A. Tyson, Registered Surveyor, dated August 21, 1990, revised October 14, 1991, recorded in Plat Book 25, Page 118, 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 258 Hebron 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 Debra Wheeler and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Debra Wheeler
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12930 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JAMES F. JACKSON and MELANIE A. JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 25, 2005, in the amount of $110,500.00, and recorded in Deed Book 266, Page 247, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being on Main Street, presently numbered 6229 Main Street, being in Land Lot 66, 9th District, in the City of Lula, County of Banks, State of Georgia, being known and designated as Lot 5, containing 0.70 acres, as per a plat recorded in Plat Book C, Page 9, Banks County, Georgia Records, which plat is incorporated herein by reference.
which has the property address of 6229 Main Street, 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 James F. Jackson and Melanie A. Jackson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for James F. Jackson and Melanie A. Jackson
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-28419 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by RANDOLPH P. GRANT and RYAN S. BURNETT to REGIONS BANK, dated June 8, 2006, and recorded in Deed Book 283, Page 672, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in February, 2009, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 4, of The Apple Pie Ridge Subdivision containing 1314 acres, more or less on a plat of survey prepared by Edwin G. Davidson, &LS, under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Upon information and belief of lender, said property is commonly known as Lot 28, Phase 4, Apple Pie Ridge Road, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Randolph P. Grant and Ryan S. Burnett, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Randolph P. Grant and Ryan S. Burnett
MICHAEL D. PAYNE, Attorney for
Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(JA8,15,22,29P4)
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 LORI JONES to OPTION ONE MORTGAGE CORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), 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, 2009, the following described property: All that tract or parcel of land, containing 10.28 acres, more or less, in the 1464th GMD of Bank County, Georgia, bounded now or formerly as follows: North by Queen Road: East by lands of Morris; South by lands of Morris; and West by lands of Voyles and Lands of Tanner.
Said tract of land being more particularly described according to a plat of survey prepared by Venabih and Associates, Surveyors, on the 26th day of February, 1993, which plat is recorded in Plat Book 17, Page 224, Public Records of Said Bank County, Georgia is by reference incorporated herein as a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows:
Beginning at a point located at the intersection of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; running thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of beginning; running thence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2: rebar found; running thence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2: pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1: crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; running thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Gregory F. Garland by James Robert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete description thereof.
Together With:
That certain 1988 doublewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Lori Jones or a tenant or tenants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attorney in Fact for Lori Jones
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 2/3/09 Our file no. 1420107-FT1
(JA8,15,22,29B/12062-120T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from HOYT EDWARD DODD, JR. to COMMUNITY BANK & TRUST, dated October 3, 2002, which Deed is recorded among Banks County, Georgia Records in Deed Book 201, Page 243, said Security Deed being given to secure a Note dated April 15, 2008, in the original principal amount of SEVENTY SIX THOUSAND FIVE HUNDRED SIXTY SEVEN AND 56/100 ($76,567.56) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, (February 3, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Roy A. Terrell, RLS, dated October 25, 1976 and said plat being recorded among Banks County, Georgia Records in Plat Book 6, Page 120, reference to said plat is being made for a more full and complete description.
Said property is known as 202 Barrett Road, Alto, Georgia, 30510-2404, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of HOYT EDWARD DODD, JR., who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for HOYT EDWARD DODD, JR.
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/1326-60)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DONALD KEITH K. WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 16, 2005, recorded in Deed Book 267, Page 454, Banks County, Georgia Records, as last transferred to Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-SEVEN THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($147,600.00), with interest thereon as set forth therein, there will be sold at public outcry to 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Donald Keith K. Williams or a tenant or tenants and said property is more commonly known as 365 Sol Drive, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Countrywide Home Loans Servicing, LP as Attorney in Fact for Donald Keith K. Williams
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 2/3/09
Our file no. 52824508-FT7
EXHIBIT A
All that tract or parcel of land lying and being in The 208th District, G.M., Banks County, Georgia, Being that 1.44 acres, more or less, as shown on a Plat of survey prepared for Dean R. Jackman & Angelia E. Jackman by Max Lewallen, registered surveyor, dated February 14, 1996, recorded at Plat Book 20, Page 134, 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 east by Payne; on the Southwest by Brownlee; and the northwest by Mashburn Estate.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/cj 2/3/09
Our file no. 1346907-FT2
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BRITTANY A. HERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 27, 2006, recorded in Deed Book 296, Page 568, Banks County, Georgia Records, as last transferred to Flagstar Bank, FSB 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 EIGHTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($189,900.00), with interest thereon as set forth therein, there will be sold at public outcry to 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Brittany A. Herrin and Caleb Herrin or a tenant or tenants and said property is more commonly known as 750 Rock Springs Rd., 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.
Flagstar Bank, FSB as Attorney in Fact for Brittany A. Herrin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tah 2/3/09
Our file no. 52311208-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia designated as Lot 4, containing 1.00 acre, more or less, as shown on that Plat of Survey prepared for John W. Thomas and Barbara M. Thomas by Max Jackson Lewallen, Registered Land Surveyor #2067, under date of January 3, 2006 and being recorded in Plat Book 30, Page 118, in the Office of the Clerk of the Superior Court of Banks County, Georgia deed records. Said plat is incorporated herein for a more full and complete legal description.
This is that same property conveyed to William Blake Thomas from John W. Thomas and Barbara M. Thomas via Warranty Deed dated July 7, 2006 and recorded on July 19, 2006 in Deed Book 285, Page 583 of the aforewritten deed records.
(JA8,15,22,29B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RICHARD W. STRATTON TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 31, 2008, recorded in Deed Book 323, Page 544, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-TWO THOUSAND AND 0/100 DOLLARS ($62,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Rick Stratton or a tenant or tenants and said property is more commonly known as 561 Garland White Road, 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.
Wells Fargo Bank, NA as Attorney in Fact for Richard W. Stratton
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 2/3/09
Our file no. 53101208-FT7
EXHIBIT A
All that tract or parcel of land together with improvements thereon lying and being in the 448th GMD, Banks County, Georgia, containing 0.87 acre, more or less, as shown on plat of survey by Max Lewallen, surveyor dated November 11, 2001 recorded in Plat Book 26, Page 88, 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 right-of-way of record, if any.
(JA8,15,22,29B/12062-60T1P)
Gpn18
Citation
Georgia, Banks County
Estate No. 2008-34
In Re: Petition of MARILYN & JEREMY YOPP for Temporary Letters of Guardianship
Estate of: CHRISTINA MARIE PURGASON, Minor
TO: Ricky Hartwell
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice, if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County courtroom.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Ste. 7
Homer, GA 30547
706-677-6250
(JA22, 29,FE5,12P4)
Banks County Public Records 01-08-09
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 GARY TILLER and VICKIE R. TILLER to REGIONS BANK, dated October 12, 2001, recorded in Deed Book 184, Page 615, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corporation, PO Box 10063, Birmingham, AL 35282, 1-800-290-5358. 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 Gary Tiller, Vickie R. Tiller and Gary Tiller, Sr. or a tenant or tenants and said property is more commonly known as 311 Hooper Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank as Attorney in Fact for Gary Tiller and Vickie R. Tiller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 2/3/09
Our file no. 52355108-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.60 acres, more or less, as more particularly shown on a plat of survey prepared for Gary Tiller & Vickie R. Tiller by G. Brian Slate, Registered Surveyor, dated November 11, 1996, recorded at Plat Book 21, Page 150, 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 security deed recorded in Deed Book 218, Page 84, aforesaid records.
All of 30 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDY L. FARRINGTON and PATRICIA M. FARRINGTON to NEW CENTURY MORTGAGE CORPORATION dated September 24, 2001, recorded in Deed Book 179, Page 341, Banks County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 by assignment to be recorded at Banks County Georgia Records conveying the after-described property to secure a Note in the original principal amount of SEVENTY FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($75,650.00) with interest thereon as set forth therein, there will be sold at public outcry to 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 2009 the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Randy L. Farrington and Patricia M. Farrington or a tenant or tenants and said property is more commonly known as 392 Mountian Creek Lane, Maysville, GA 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.
U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 as Attorney in Fact for Randy L. Farrington and Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Out File# GA01F-NO081000017
EXHIBIT “A”
All that tract or parcel of land lying and being in the Anderson (465th) G.M.D., in Banks County, Georgia, containing 1.00 acre, as more fully shown and described on plat of survey dated February 19, 1994, prepared by Max Lewallen, Registered Surveyor, Georgia #2067, for Patricia M. Farrington, recorded in the Office of the Clerk of Superior Court, Banks County, Georgia Records, in Plat Book 19, Page 24. Said plat is incorporated herein by reference for a more detailed description of said property.
Also, grantor herein conveys to grantees, and their heirs, successors and assigns a non-exclusive easement for ingress-egress over and across an existing driveway passing over and across adjoining property of Brown; subject to a similar right of ingress reserved in favor of grantor, her heirs, successors and assigns for the use of said existing driveway. Said easement is more fully shown and described on the above referenced plat of survey to which reference is made for a more particular description.
(JA8,15,22,29B/18550-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(JA8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia Records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia Records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(JA8,15,22,28B/16022-50T1P)
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 KATHLEEN V. STRICKLAND and RUSSELL STRICKLAND to OPTION ONE MORTGAGE CORPORATION dated May 18, 2004, in the amount of $118,750.00, and recorded in Deed Book 238, Page 273, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 by assignment, the undersigned, Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.361 acres, more or less, designated as Lot 7, Cedar Grove Subdivision, Phase I, as more particularly shown on a Plat of Survey prepared for Douglas M. Cassiday & Janet B. Cassiday by Ringo & Sadler, Registered Surveyor, dated September 17, 1991, recorded at Plat Book 17, Page 104, 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 particular description.
which has the property address of 644 Grove Level 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 Kathleen V. Strickland and Russell Strickland 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.
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 Attorney in Fact for Kathleen V. Strickland and Russell Strickland
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29111 /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.
(JA8,15,22,29B/1325-50)
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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole Dated November 25, 1957 and being recorded in the public records of Banks County, Georgia in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, 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 Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /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.
(JA8,15,22,29B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia Records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/16022-50T1P)
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 JUANITA E. LOVE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 328, Banks County, Georgia Records, as last transferred to Deutsche Bank Trust Company Americas as Trustee Residential Funding Company, LLC fka Residential Funding Corporation Attorney in Fact 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-ONE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($351,200.00), 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, 2009, the following described property:
All that tract or parcel of land containing 4.000 acres, more or less, in the 465th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of John F. Rylee, Sr., East by lands of John F. Rylee, Sr., south by Carson Segars Road, and west by lands of John F. Rylee, Sr.
Said tract or land being more particularly described according to a plat of survey prepared by Venable & Associates, Inc., Surveyors, on April 6, 2005, for Juanita Elise Rylee, which plat is recorded in plat book 29, page 104, of the public records of Banks County, and is by reference incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love and Christopher S. Love or a tenant or tenants and said property is more commonly known as 1408 Carson Segars 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.
Deutsche Bank Trust Company Americas as Trustee Residential Funding Company, LLC fka Residential Funding Corporation Attorney in Fact for Juanita E. Love
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/tah 2/3/09
Our file no. 11805608-FT2
(JA8,15,22,29B/12062-60T1P)
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 DEBRA WHEELER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2006, in the amount of $81,606.00, and recorded in Deed Book 292, Page 399, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th 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 Larry J. Grizzle by Clelland A. Tyson, Registered Surveyor, dated August 21, 1990, revised October 14, 1991, recorded in Plat Book 25, Page 118, 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 258 Hebron 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 Debra Wheeler and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Debra Wheeler
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12930 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JAMES F. JACKSON and MELANIE A. JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 25, 2005, in the amount of $110,500.00, and recorded in Deed Book 266, Page 247, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being on Main Street, presently numbered 6229 Main Street, being in Land Lot 66, 9th District, in the City of Lula, County of Banks, State of Georgia, being known and designated as Lot 5, containing 0.70 acres, as per a plat recorded in Plat Book C, Page 9, Banks County, Georgia Records, which plat is incorporated herein by reference.
which has the property address of 6229 Main Street, 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 James F. Jackson and Melanie A. Jackson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for James F. Jackson and Melanie A. Jackson
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-28419 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by RANDOLPH P. GRANT and RYAN S. BURNETT to REGIONS BANK, dated June 8, 2006, and recorded in Deed Book 283, Page 672, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in February, 2009, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 4, of The Apple Pie Ridge Subdivision containing 1314 acres, more or less on a plat of survey prepared by Edwin G. Davidson, &LS, under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Upon information and belief of lender, said property is commonly known as Lot 28, Phase 4, Apple Pie Ridge Road, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Randolph P. Grant and Ryan S. Burnett, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Randolph P. Grant and Ryan S. Burnett
MICHAEL D. PAYNE, Attorney for
Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(JA8,15,22,29P4)
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 LORI JONES to OPTION ONE MORTGAGE CORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), 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, 2009, the following described property: All that tract or parcel of land, containing 10.28 acres, more or less, in the 1464th GMD of Bank County, Georgia, bounded now or formerly as follows: North by Queen Road: East by lands of Morris; South by lands of Morris; and West by lands of Voyles and Lands of Tanner.
Said tract of land being more particularly described according to a plat of survey prepared by Venabih and Associates, Surveyors, on the 26th day of February, 1993, which plat is recorded in Plat Book 17, Page 224, Public Records of Said Bank County, Georgia is by reference incorporated herein as a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows:
Beginning at a point located at the intersection of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; running thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of beginning; running thence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2: rebar found; running thence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2: pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1: crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; running thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Gregory F. Garland by James Robert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete description thereof.
Together With:
That certain 1988 doublewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Lori Jones or a tenant or tenants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attorney in Fact for Lori Jones
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 2/3/09 Our file no. 1420107-FT1
(JA8,15,22,29B/12062-120T1P)
[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 GARY TILLER and VICKIE R. TILLER to REGIONS BANK, dated October 12, 2001, recorded in Deed Book 184, Page 615, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corporation, PO Box 10063, Birmingham, AL 35282, 1-800-290-5358. 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 Gary Tiller, Vickie R. Tiller and Gary Tiller, Sr. or a tenant or tenants and said property is more commonly known as 311 Hooper Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank as Attorney in Fact for Gary Tiller and Vickie R. Tiller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 2/3/09
Our file no. 52355108-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.60 acres, more or less, as more particularly shown on a plat of survey prepared for Gary Tiller & Vickie R. Tiller by G. Brian Slate, Registered Surveyor, dated November 11, 1996, recorded at Plat Book 21, Page 150, 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 security deed recorded in Deed Book 218, Page 84, aforesaid records.
All of 30 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
(JA8,15,22,29B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDY L. FARRINGTON and PATRICIA M. FARRINGTON to NEW CENTURY MORTGAGE CORPORATION dated September 24, 2001, recorded in Deed Book 179, Page 341, Banks County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 by assignment to be recorded at Banks County Georgia Records conveying the after-described property to secure a Note in the original principal amount of SEVENTY FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($75,650.00) with interest thereon as set forth therein, there will be sold at public outcry to 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 2009 the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, 12650 Ingenuity Drive, Orlando, FL 32826, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Randy L. Farrington and Patricia M. Farrington or a tenant or tenants and said property is more commonly known as 392 Mountian Creek Lane, Maysville, GA 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.
U.S. Bank N.A., in its capacity as Trustee for the registered holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2001-NC3, Mortgage Pass-Through Certificates, Series 2001-NC3 as Attorney in Fact for Randy L. Farrington and Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Out File# GA01F-NO081000017
EXHIBIT “A”
All that tract or parcel of land lying and being in the Anderson (465th) G.M.D., in Banks County, Georgia, containing 1.00 acre, as more fully shown and described on plat of survey dated February 19, 1994, prepared by Max Lewallen, Registered Surveyor, Georgia #2067, for Patricia M. Farrington, recorded in the Office of the Clerk of Superior Court, Banks County, Georgia Records, in Plat Book 19, Page 24. Said plat is incorporated herein by reference for a more detailed description of said property.
Also, grantor herein conveys to grantees, and their heirs, successors and assigns a non-exclusive easement for ingress-egress over and across an existing driveway passing over and across adjoining property of Brown; subject to a similar right of ingress reserved in favor of grantor, her heirs, successors and assigns for the use of said existing driveway. Said easement is more fully shown and described on the above referenced plat of survey to which reference is made for a more particular description.
(JA8,15,22,29B/18550-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(JA8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia Records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia Records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(JA8,15,22,28B/16022-50T1P)
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 KATHLEEN V. STRICKLAND and RUSSELL STRICKLAND to OPTION ONE MORTGAGE CORPORATION dated May 18, 2004, in the amount of $118,750.00, and recorded in Deed Book 238, Page 273, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 by assignment, the undersigned, Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.361 acres, more or less, designated as Lot 7, Cedar Grove Subdivision, Phase I, as more particularly shown on a Plat of Survey prepared for Douglas M. Cassiday & Janet B. Cassiday by Ringo & Sadler, Registered Surveyor, dated September 17, 1991, recorded at Plat Book 17, Page 104, 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 particular description.
which has the property address of 644 Grove Level 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 Kathleen V. Strickland and Russell Strickland 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.
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2 Attorney in Fact for Kathleen V. Strickland and Russell Strickland
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29111 /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.
(JA8,15,22,29B/1325-50)
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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole Dated November 25, 1957 and being recorded in the public records of Banks County, Georgia in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, 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 Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /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.
(JA8,15,22,29B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia Records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA8,15,22,29B/16022-50T1P)
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 JUANITA E. LOVE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 328, Banks County, Georgia Records, as last transferred to Deutsche Bank Trust Company Americas as Trustee Residential Funding Company, LLC fka Residential Funding Corporation Attorney in Fact 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-ONE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($351,200.00), 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, 2009, the following described property:
All that tract or parcel of land containing 4.000 acres, more or less, in the 465th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of John F. Rylee, Sr., East by lands of John F. Rylee, Sr., south by Carson Segars Road, and west by lands of John F. Rylee, Sr.
Said tract or land being more particularly described according to a plat of survey prepared by Venable & Associates, Inc., Surveyors, on April 6, 2005, for Juanita Elise Rylee, which plat is recorded in plat book 29, page 104, of the public records of Banks County, and is by reference incorporated herein as part of this description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love and Christopher S. Love or a tenant or tenants and said property is more commonly known as 1408 Carson Segars 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.
Deutsche Bank Trust Company Americas as Trustee Residential Funding Company, LLC fka Residential Funding Corporation Attorney in Fact for Juanita E. Love
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/tah 2/3/09
Our file no. 11805608-FT2
(JA8,15,22,29B/12062-60T1P)
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 DEBRA WHEELER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2006, in the amount of $81,606.00, and recorded in Deed Book 292, Page 399, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th 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 Larry J. Grizzle by Clelland A. Tyson, Registered Surveyor, dated August 21, 1990, revised October 14, 1991, recorded in Plat Book 25, Page 118, 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 258 Hebron 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 Debra Wheeler and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Debra Wheeler
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12930 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JAMES F. JACKSON and MELANIE A. JACKSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 25, 2005, in the amount of $110,500.00, and recorded in Deed Book 266, Page 247, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being on Main Street, presently numbered 6229 Main Street, being in Land Lot 66, 9th District, in the City of Lula, County of Banks, State of Georgia, being known and designated as Lot 5, containing 0.70 acres, as per a plat recorded in Plat Book C, Page 9, Banks County, Georgia Records, which plat is incorporated herein by reference.
which has the property address of 6229 Main Street, 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 James F. Jackson and Melanie A. Jackson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for James F. Jackson and Melanie A. Jackson
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-28419 /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.
(JA8,15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale contained in that Security Deed executed and delivered by RANDOLPH P. GRANT and RYAN S. BURNETT to REGIONS BANK, dated June 8, 2006, and recorded in Deed Book 283, Page 672, Banks County Records, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in February, 2009, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 4, of The Apple Pie Ridge Subdivision containing 1314 acres, more or less on a plat of survey prepared by Edwin G. Davidson, &LS, under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more complete description.
Upon information and belief of lender, said property is commonly known as Lot 28, Phase 4, Apple Pie Ridge Road, Baldwin, Georgia 30511.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Randolph P. Grant and Ryan S. Burnett, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Randolph P. Grant and Ryan S. Burnett
MICHAEL D. PAYNE, Attorney for
Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(JA8,15,22,29P4)
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 LORI JONES to OPTION ONE MORTGAGE CORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), 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, 2009, the following described property: All that tract or parcel of land, containing 10.28 acres, more or less, in the 1464th GMD of Bank County, Georgia, bounded now or formerly as follows: North by Queen Road: East by lands of Morris; South by lands of Morris; and West by lands of Voyles and Lands of Tanner.
Said tract of land being more particularly described according to a plat of survey prepared by Venabih and Associates, Surveyors, on the 26th day of February, 1993, which plat is recorded in Plat Book 17, Page 224, Public Records of Said Bank County, Georgia is by reference incorporated herein as a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows:
Beginning at a point located at the intersection of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; running thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of beginning; running thence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2: rebar found; running thence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2: pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1: crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; running thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Gregory F. Garland by James Robert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete description thereof.
Together With:
That certain 1988 doublewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Lori Jones or a tenant or tenants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attorney in Fact for Lori Jones
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 2/3/09 Our file no. 1420107-FT1
(JA8,15,22,29B/12062-120T1P)
[Full Story »]
Banks County Public Records 01-01-09
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 OFELIA BRIDGEFORD and STEPHEN BRIDGEFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 25, 2005, in the amount of $477,050.00, and recorded in Deed Book 258, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee by assignment, the undersigned, The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.19 acres, more or less, designated as Lot 11 on a plat of survey prepared for Hammers Glen The Reserve Subdivision by Lovell, Duvall, Miller and Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, 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 202 Hansens Ridge, 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 Ofelia Bridgeford and Stephen Bridgeford 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 formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee Attorney in Fact for Ofelia Bridgeford and Stephen Bridgeford
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26333 /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.
(DC11,18,25,JA1B/1325-60)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from TAMMY HOLLOWAY to COMMUNITY BANK & TRUST, dated February 26, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 301, Page 584, said Security Deed being given to secure a Note dated February 26, 2007, in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED TWELVE AND 00/100 ($163,112.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, (January 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County, Georgia, designated as Tract Nos. 7 and 8, containing 1.76 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, R.S., under date of March 20, 1979, a copy of said plat being of record in the office of the Clerk of Superior court of Banks County, Georgia, in Plat Book 7, Page 150, to which said plat and the record thereof reference is hereby made for a more complete description.
Said property is known as 1900 Scenic Terrace Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of TAMMY HOLLOWAY, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for TAMMY HOLLOWAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/1326-60P)
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 CLIFF SIKES to FIRST FRANKLIN A DIVISION of NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 by assignment recorded in Deed Book 330, Page 620, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(DC11,18,25,JA1B/12062-6OT1P)
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 KENNETH L. HULSEY to AIG FEDERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment recorded in Deed Book 332, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, 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.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 1/6/09
Our file no. 51916008-FT12
EXHIBIT A
All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description.
(DC11,18,25,JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from DREAM RIVER INVESTMENTS, INC. to BRANCH BANKING & TRUST COMPANY, dated June 10, 2004, and recorded in Deed Book 239, Page 267, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stated in said Note 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 at Banks County, Georgia, within the legal hours of sale on Tuesday, January 6, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Tract 49, 5.009 acres, more or less, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
Branch Banking & Trust Company
Attorney in Fact for Dream River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 5.009 acres, more or less, being on the southwesterly side of County Road No. 62, and being designated as Tract 49 and more particularly shown and delineated on a plat of survey entitled “Survey for: Silvermill Farms,” dated December 18, 1995, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, and recorded at Plat Book 22, Page 44, 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. Together with the right of ingress and egress to the above referenced property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access strip being reserved in a Warrant Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, Banks County Records.
(DC11,18,25,JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, to wit: January 6, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(DC11,18,25,JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of Superior Bank FSB, dated February 16, 2000, recorded in Deed Book 154, Page 40, Banks County, Georgia Records, as last transferred to LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment securing a Note in the original principal amount of $71,200.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 6, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description. Being the same property conveyed to Christie Lee Broome, by deed dated September 28, 2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association as Trustee By Residential Funding Company, LLC FKA Residential Funding Corporation Attorney in Fact as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC11,18,25,JA1B/1323-60T1P)
Gpn07
Flanders Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JOHNNIE BLANCHE FLANDERS, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 12th day of December, 2008.
Karla L. Wheeler
Executor/Administrator
1616 Eagles Landing Blvd.
Apt. #71
Tallahassee, FL 32308
(DC25,JA1,8,15P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER ns HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 29, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed Records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 PAMELA ANN FOSTER ns HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER ns HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/16022-60T1P)
Gpn07
Whitfield Estate
Notice to Debtors and Creditors
All creditors of the Estate of ELEANOR S. WHITFIELD, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 19 day of November, 2008.
Mitch Whitfield
Executor/Administrator
1355 Scales Creek Rd.
Homer, GA
(DC11,18,25,JA1P4
Gpn18
White Estate
Georgia, Banks County Probate Court
Notice
CAROLYN MOTE and BRENDA WEBB have petitioned to be appointed Administrators of the estate of JOHN L. (J.L.) WHITE, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before January 16, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(DC25,JA1,8,15P4)
Gpn07
Kennedy Estate
Notice to Debtors
and Creditors
All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 9th day of December, 2008.
Thomas Wiley Kennedy,
Executor of the Estate of Sue Grier Kennedy
530 Hwy. 164
Commerce, Ga. 30529
(DC18,25,JA1,8P4)
Gpn07
Henderson
Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are hereby notified to render in their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of December, 2008.
William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr.
c/o R. Thad McCormack, P.C.
1730 Thompson Bridge Road
Gainesville, GA 30501
(DC18,25,JA1,8P4)
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 OFELIA BRIDGEFORD and STEPHEN BRIDGEFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 25, 2005, in the amount of $477,050.00, and recorded in Deed Book 258, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee by assignment, the undersigned, The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.19 acres, more or less, designated as Lot 11 on a plat of survey prepared for Hammers Glen The Reserve Subdivision by Lovell, Duvall, Miller and Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, 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 202 Hansens Ridge, 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 Ofelia Bridgeford and Stephen Bridgeford 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 formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee Attorney in Fact for Ofelia Bridgeford and Stephen Bridgeford
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26333 /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.
(DC11,18,25,JA1B/1325-60)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from TAMMY HOLLOWAY to COMMUNITY BANK & TRUST, dated February 26, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 301, Page 584, said Security Deed being given to secure a Note dated February 26, 2007, in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED TWELVE AND 00/100 ($163,112.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, (January 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County, Georgia, designated as Tract Nos. 7 and 8, containing 1.76 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, R.S., under date of March 20, 1979, a copy of said plat being of record in the office of the Clerk of Superior court of Banks County, Georgia, in Plat Book 7, Page 150, to which said plat and the record thereof reference is hereby made for a more complete description.
Said property is known as 1900 Scenic Terrace Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of TAMMY HOLLOWAY, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for TAMMY HOLLOWAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/1326-60P)
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 CLIFF SIKES to FIRST FRANKLIN A DIVISION of NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 by assignment recorded in Deed Book 330, Page 620, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(DC11,18,25,JA1B/12062-6OT1P)
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 KENNETH L. HULSEY to AIG FEDERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment recorded in Deed Book 332, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, 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.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 1/6/09
Our file no. 51916008-FT12
EXHIBIT A
All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description.
(DC11,18,25,JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from DREAM RIVER INVESTMENTS, INC. to BRANCH BANKING & TRUST COMPANY, dated June 10, 2004, and recorded in Deed Book 239, Page 267, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stated in said Note 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 at Banks County, Georgia, within the legal hours of sale on Tuesday, January 6, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Tract 49, 5.009 acres, more or less, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
Branch Banking & Trust Company
Attorney in Fact for Dream River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 5.009 acres, more or less, being on the southwesterly side of County Road No. 62, and being designated as Tract 49 and more particularly shown and delineated on a plat of survey entitled “Survey for: Silvermill Farms,” dated December 18, 1995, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, and recorded at Plat Book 22, Page 44, 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. Together with the right of ingress and egress to the above referenced property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access strip being reserved in a Warrant Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, Banks County Records.
(DC11,18,25,JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, to wit: January 6, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(DC11,18,25,JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of Superior Bank FSB, dated February 16, 2000, recorded in Deed Book 154, Page 40, Banks County, Georgia Records, as last transferred to LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment securing a Note in the original principal amount of $71,200.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 6, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description. Being the same property conveyed to Christie Lee Broome, by deed dated September 28, 2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association as Trustee By Residential Funding Company, LLC FKA Residential Funding Corporation Attorney in Fact as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC11,18,25,JA1B/1323-60T1P)
Gpn07
Flanders Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JOHNNIE BLANCHE FLANDERS, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 12th day of December, 2008.
Karla L. Wheeler
Executor/Administrator
1616 Eagles Landing Blvd.
Apt. #71
Tallahassee, FL 32308
(DC25,JA1,8,15P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER ns HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 29, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed Records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 PAMELA ANN FOSTER ns HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER ns HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/16022-60T1P)
Gpn07
Whitfield Estate
Notice to Debtors and Creditors
All creditors of the Estate of ELEANOR S. WHITFIELD, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 19 day of November, 2008.
Mitch Whitfield
Executor/Administrator
1355 Scales Creek Rd.
Homer, GA
(DC11,18,25,JA1P4
Gpn18
White Estate
Georgia, Banks County Probate Court
Notice
CAROLYN MOTE and BRENDA WEBB have petitioned to be appointed Administrators of the estate of JOHN L. (J.L.) WHITE, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before January 16, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(DC25,JA1,8,15P4)
Gpn07
Kennedy Estate
Notice to Debtors
and Creditors
All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 9th day of December, 2008.
Thomas Wiley Kennedy,
Executor of the Estate of Sue Grier Kennedy
530 Hwy. 164
Commerce, Ga. 30529
(DC18,25,JA1,8P4)
Gpn07
Henderson
Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are hereby notified to render in their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of December, 2008.
William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr.
c/o R. Thad McCormack, P.C.
1730 Thompson Bridge Road
Gainesville, GA 30501
(DC18,25,JA1,8P4)
Banks County Public Records 12-25-2008
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 OFELIA BRIDGEFORD and STEPHEN BRIDGEFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 25, 2005, in the amount of $477,050.00, and recorded in Deed Book 258, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee by assignment, the undersigned, The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.19 acres, more or less, designated as Lot 11 on a plat of survey prepared for Hammers Glen The Reserve Subdivision by Lovell, Duvall, Miller and Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, 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 202 Hansens Ridge, 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 Ofelia Bridgeford and Stephen Bridgeford 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 formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee Attorney in Fact for Ofelia Bridgeford and Stephen Bridgeford
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26333 /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.
(DC11,18,25,JA1B/1325-60)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from TAMMY HOLLOWAY to COMMUNITY BANK & TRUST, dated February 26, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 301, Page 584, said Security Deed being given to secure a Note dated February 26, 2007, in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED TWELVE AND 00/100 ($163,112.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, (January 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County, Georgia, designated as Tract Nos. 7 and 8, containing 1.76 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, R.S., under date of March 20, 1979, a copy of said plat being of record in the office of the Clerk of Superior court of Banks County, Georgia, in Plat Book 7, Page 150, to which said plat and the record thereof reference is hereby made for a more complete description.
Said property is known as 1900 Scenic Terrace Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of TAMMY HOLLOWAY, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for TAMMY HOLLOWAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/1326-60P)
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 CLIFF SIKES to FIRST FRANKLIN A DIVISION of NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 by assignment recorded in Deed Book 330, Page 620, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(DC11,18,25,JA1B/12062-6OT1P)
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 KENNETH L. HULSEY to AIG FEDERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment recorded in Deed Book 332, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, 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.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 1/6/09
Our file no. 51916008-FT12
EXHIBIT A
All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description.
(DC11,18,25,JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from DREAM RIVER INVESTMENTS, INC. to BRANCH BANKING & TRUST COMPANY, dated June 10, 2004, and recorded in Deed Book 239, Page 267, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stated in said Note 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 at Banks County, Georgia, within the legal hours of sale on Tuesday, January 6, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Tract 49, 5.009 acres, more or less, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
Branch Banking & Trust Company
Attorney in Fact for Dream River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 5.009 acres, more or less, being on the southwesterly side of County Road No. 62, and being designated as Tract 49 and more particularly shown and delineated on a plat of survey entitled “Survey for: Silvermill Farms,” dated December 18, 1995, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, and recorded at Plat Book 22, Page 44, 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. Together with the right of ingress and egress to the above referenced property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access strip being reserved in a Warrant Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, Banks County Records.
(DC11,18,25,JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, to wit: January 6, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(DC11,18,25,JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of Superior Bank FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment securing a Note in the original principal amount of $71,200.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 6, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description. Being the same property conveyed to Christie Lee Broome, by deed dated September 28, 2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association as Trustee By Residential Funding Company, LLC FKA Residential Funding Corporation Attorney in Fact as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC11,18,25,JA1B/1323-60T1P)
Gpn07
Flanders Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHNNIE BLANCHE FLANDERS, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 12th day of December, 2008.
Karla L. Wheeler
Executor/Administrator
1616 Eagles Landing Blvd.
Apt. #71
Tallahassee, FL 32308
(DC25,JA1,8,15P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER ns HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 29, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed Records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 PAMELA ANN FOSTER ns HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER ns HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/16022-60T1P)
gpn16
Legal Notice
Exhibit 8B
Notice of Opportunity for a Public Hearing
Private Enterprise Coordination
Rural Public Transportation Program
Banks County is applying for funding assistance under Title 49 U.S.C. Section 5311 of the Federal Transit Act pertaining to rural and small urban areas.
Banks County will offer general public transportation to all Citizens of Banks County for any worthwhile purpose, including but not limited to shopping, medical treatment, social services and other purposes.
Banks County solicits private sector input and participation to assure that private for-profit transportation operators have a fair and timely opportunity to participate in the development of this program.
Banks County also solicits comments and concerns from the disabled population and their representatives to assure that issues relating to the disabled are addressed in the service design proposed during the planning process.
Interested persons are invited to request that a public hearing be held to discuss the services being offered or development of the application.
Written comments, requests for a public hearing and/or written notice of intent by private for-profit transportation operators to provide or participate in any or all of the above services should be submitted no later than fifteen (15) days from the date of this publication to:
Gene Hart, Commission Chairman
144 Yonah/Homer Rd.
Homer, Georgia 30548
706-677-6200
If no response is received within the fifteen (15) days, the Department of Transportation will proceed with the application.
(DC25B/069-30P)
Gpn07
Whitfield Estate
Notice to Debtors and Creditors
All creditors of the Estate of ELEANOR S. WHITFIELD, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 19 day of November, 2008.
Mitch Whitfield
Executor/Administrator
1355 Scales Creek Rd.
Homer, GA
(DC11,18,25,JA1P4
Gpn18
White Estate
Georgia, Banks County Probate Court
Notice
CAROLYN MOTE and BRENDA WEBB have petitioned to be appointed Administrators of the estate of JOHN L. (J.L.) WHITE, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before January 16, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(DC25,JA1,8,15P4)
Gpn07
Kennedy Estate
Notice to Debtors and Creditors
All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 9th day of December, 2008.
Thomas Wiley Kennedy,
Executor of the Estate of Sue Grier Kennedy
530 Hwy. 164
Commerce, Ga. 30529
(DC18,25,JA1,8P4)
Gpn07
Henderson
Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are hereby notified to render in their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of December, 2008.
William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr.
c/o R. Thad McCormack, P.C.
1730 Thompson Bridge Road
Gainesville, GA 30501
(DC18,25,JA1,8P4)
Wood Estate
Georgia, Banks County Probate Court
Notice
JANET S. WOOD has petitioned to be appointed Administrator of the estate of DANIEL AARON WOOD, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before December 29, 2008. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(DC4,11,18,25P4)
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by OFELIA BRIDGEFORD and STEPHEN BRIDGEFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 25, 2005, in the amount of $477,050.00, and recorded in Deed Book 258, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee by assignment, the undersigned, The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.19 acres, more or less, designated as Lot 11 on a plat of survey prepared for Hammers Glen The Reserve Subdivision by Lovell, Duvall, Miller and Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, 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 202 Hansens Ridge, 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 Ofelia Bridgeford and Stephen Bridgeford 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 formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee Attorney in Fact for Ofelia Bridgeford and Stephen Bridgeford
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26333 /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.
(DC11,18,25,JA1B/1325-60)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from TAMMY HOLLOWAY to COMMUNITY BANK & TRUST, dated February 26, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 301, Page 584, said Security Deed being given to secure a Note dated February 26, 2007, in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED TWELVE AND 00/100 ($163,112.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, (January 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County, Georgia, designated as Tract Nos. 7 and 8, containing 1.76 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, R.S., under date of March 20, 1979, a copy of said plat being of record in the office of the Clerk of Superior court of Banks County, Georgia, in Plat Book 7, Page 150, to which said plat and the record thereof reference is hereby made for a more complete description.
Said property is known as 1900 Scenic Terrace Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of TAMMY HOLLOWAY, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for TAMMY HOLLOWAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/1326-60P)
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 CLIFF SIKES to FIRST FRANKLIN A DIVISION of NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 by assignment recorded in Deed Book 330, Page 620, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(DC11,18,25,JA1B/12062-6OT1P)
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 KENNETH L. HULSEY to AIG FEDERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment recorded in Deed Book 332, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, 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.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 1/6/09
Our file no. 51916008-FT12
EXHIBIT A
All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description.
(DC11,18,25,JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from DREAM RIVER INVESTMENTS, INC. to BRANCH BANKING & TRUST COMPANY, dated June 10, 2004, and recorded in Deed Book 239, Page 267, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stated in said Note 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 at Banks County, Georgia, within the legal hours of sale on Tuesday, January 6, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Tract 49, 5.009 acres, more or less, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
Branch Banking & Trust Company
Attorney in Fact for Dream River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 5.009 acres, more or less, being on the southwesterly side of County Road No. 62, and being designated as Tract 49 and more particularly shown and delineated on a plat of survey entitled “Survey for: Silvermill Farms,” dated December 18, 1995, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, and recorded at Plat Book 22, Page 44, 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. Together with the right of ingress and egress to the above referenced property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access strip being reserved in a Warrant Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, Banks County Records.
(DC11,18,25,JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, to wit: January 6, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(DC11,18,25,JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of Superior Bank FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment securing a Note in the original principal amount of $71,200.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 6, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description. Being the same property conveyed to Christie Lee Broome, by deed dated September 28, 2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association as Trustee By Residential Funding Company, LLC FKA Residential Funding Corporation Attorney in Fact as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC11,18,25,JA1B/1323-60T1P)
Gpn07
Flanders Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHNNIE BLANCHE FLANDERS, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 12th day of December, 2008.
Karla L. Wheeler
Executor/Administrator
1616 Eagles Landing Blvd.
Apt. #71
Tallahassee, FL 32308
(DC25,JA1,8,15P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER ns HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 29, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed Records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 PAMELA ANN FOSTER ns HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER ns HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/16022-60T1P)
gpn16
Legal Notice
Exhibit 8B
Notice of Opportunity for a Public Hearing
Private Enterprise Coordination
Rural Public Transportation Program
Banks County is applying for funding assistance under Title 49 U.S.C. Section 5311 of the Federal Transit Act pertaining to rural and small urban areas.
Banks County will offer general public transportation to all Citizens of Banks County for any worthwhile purpose, including but not limited to shopping, medical treatment, social services and other purposes.
Banks County solicits private sector input and participation to assure that private for-profit transportation operators have a fair and timely opportunity to participate in the development of this program.
Banks County also solicits comments and concerns from the disabled population and their representatives to assure that issues relating to the disabled are addressed in the service design proposed during the planning process.
Interested persons are invited to request that a public hearing be held to discuss the services being offered or development of the application.
Written comments, requests for a public hearing and/or written notice of intent by private for-profit transportation operators to provide or participate in any or all of the above services should be submitted no later than fifteen (15) days from the date of this publication to:
Gene Hart, Commission Chairman
144 Yonah/Homer Rd.
Homer, Georgia 30548
706-677-6200
If no response is received within the fifteen (15) days, the Department of Transportation will proceed with the application.
(DC25B/069-30P)
Gpn07
Whitfield Estate
Notice to Debtors and Creditors
All creditors of the Estate of ELEANOR S. WHITFIELD, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 19 day of November, 2008.
Mitch Whitfield
Executor/Administrator
1355 Scales Creek Rd.
Homer, GA
(DC11,18,25,JA1P4
Gpn18
White Estate
Georgia, Banks County Probate Court
Notice
CAROLYN MOTE and BRENDA WEBB have petitioned to be appointed Administrators of the estate of JOHN L. (J.L.) WHITE, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before January 16, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(DC25,JA1,8,15P4)
Gpn07
Kennedy Estate
Notice to Debtors and Creditors
All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 9th day of December, 2008.
Thomas Wiley Kennedy,
Executor of the Estate of Sue Grier Kennedy
530 Hwy. 164
Commerce, Ga. 30529
(DC18,25,JA1,8P4)
Gpn07
Henderson
Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are hereby notified to render in their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of December, 2008.
William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr.
c/o R. Thad McCormack, P.C.
1730 Thompson Bridge Road
Gainesville, GA 30501
(DC18,25,JA1,8P4)
Wood Estate
Georgia, Banks County Probate Court
Notice
JANET S. WOOD has petitioned to be appointed Administrator of the estate of DANIEL AARON WOOD, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before December 29, 2008. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(DC4,11,18,25P4)
Banks County Public Records 12-18-2008
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 OFELIA BRIDGEFORD and STEPHEN BRIDGEFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 25, 2005, in the amount of $477,050.00, and recorded in Deed Book 258, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee by assignment, the undersigned, The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.19 acres, more or less, designated as Lot 11 on a plat of survey prepared for Hammers Glen The Reserve Subdivision by Lovell, Duvall, Miller and Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, 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 202 Hansens Ridge, 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 Ofelia Bridgeford and Stephen Bridgeford 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 formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee Attorney in Fact for Ofelia Bridgeford and Stephen Bridgeford
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26333 /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.
(DC11,18,25,JA1B/1325-60)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from TAMMY HOLLOWAY to COMMUNITY BANK & TRUST, dated February 26, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 301, Page 584, said Security Deed being given to secure a Note dated February 26, 2007, in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED TWELVE AND 00/100 ($163,112.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, (January 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County, Georgia, designated as Tract Nos. 7 and 8, containing 1.76 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, R.S., under date of March 20, 1979, a copy of said plat being of record in the office of the Clerk of Superior court of Banks County, Georgia, in Plat Book 7, Page 150, to which said plat and the record thereof reference is hereby made for a more complete description.
Said property is known as 1900 Scenic Terrace Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of TAMMY HOLLOWAY, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for TAMMY HOLLOWAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/1326-60P)
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 CLIFF SIKES to FIRST FRANKLIN A DIVISION of NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 by assignment recorded in Deed Book 330, Page 620, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(DC11,18,25,JA1B/12062-6OT1P)
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 KENNETH L. HULSEY to AIG FEDERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment recorded in Deed Book 332, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, 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.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 1/6/09
Our file no. 51916008-FT12
EXHIBIT A
All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description.
(DC11,18,25,JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from DREAM RIVER INVESTMENTS, INC. to BRANCH BANKING & TRUST COMPANY, dated June 10, 2004, and recorded in Deed Book 239, Page 267, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stated in said Note 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 at Banks County, Georgia, within the legal hours of sale on Tuesday, January 6, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Tract 49, 5.009 acres, more or less, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
Branch Banking & Trust Company
Attorney in Fact for Dream River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 5.009 acres, more or less, being on the southwesterly side of County Road No. 62, and being designated as Tract 49 and more particularly shown and delineated on a plat of survey entitled “Survey for: Silvermill Farms,” dated December 18, 1995, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, and recorded at Plat Book 22, Page 44, 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. Together with the right of ingress and egress to the above referenced property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access strip being reserved in a Warrant Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, Banks County Records.
(DC11,18,25,JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, to wit: January 6, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(DC11,18,25,JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of Superior Bank FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment securing a Note in the original principal amount of $71,200.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 6, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description. Being the same property conveyed to Christie Lee Broome, by deed dated September 28, 2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association as Trustee By Residential Funding Company, LLC FKA Residential Funding Corporation Attorney in Fact as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC11,18,25,JA1B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER ns HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 29, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed Records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 PAMELA ANN FOSTER ns HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER ns HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/16022-60T1P)
Gpn16
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
V-08-06 - Charles and Brenda Nix - A variance application for setbacks from poultry houses for newly drawn property lines at 594 Henderson Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-08-11 - Regions Bank - A conditional use application for hospitals and clinics at 30931 Hwy. 441 South. This property is zoned C-2, General Commercial.
An ordinance to amend Article III entitled “Litter Control” of the zoning resolution of Banks County, Georgia, by adding a new section 70-67, entitled “Transportation of litter” to provide that litter shall be transported in a covered motor vehicle; to provide for a new effective date; to repeal conflicting ordinances and resolutions; and for other purposes.
The above items are on file in the office of the Banks County Planning Commission and available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, January 6, 2009, at 7 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, January 13, 2009, at 6:30 p.m., in the board room at the Banks County Courthouse annex at 150 Hudson Bridge. Interested persons are invited to appear and comment.
This 10th day of December, 2008.
(DC18B/069-30)
Gpn07
Kennedy Estate
Notice to Debtors and Creditors
All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 9th day of December, 2008.
Thomas Wiley Kennedy,
Executor of the Estate of Sue Grier Kennedy
530 Hwy. 164
Commerce, Ga. 30529
(DC18,25,JA1,8P4)
Gpn07
Henderson
Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are hereby notified to render in their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of December, 2008.
William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr.
c/o R. Thad McCormack, P.C.
1730 Thompson Bridge Road
Gainesville, GA 30501
(DC18,25,JA1,8P4)
Gpn07
Whitfield Estate
Notice to Debtors and Creditors
All creditors of the Estate of ELEANOR S. WHITFIELD, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 19 day of November, 2008.
Mitch Whitfield
Executor/Administrator
1355 Scales Creek Rd.
Homer, GA
(DC11,18,25,JA1P4)
Gpn1
Wood Estate
Georgia, Banks County Probate Court
Notice
JANET S. WOOD has petitioned to be appointed Administrator of the estate of DANIEL AARON WOOD, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before December 29, 2008. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(DC4,11,18,25P4)
Gpn18
Patterson Estate
Georgia, Banks County Probate Court
Notice
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before December 19, 2008. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(NV27,DC4,11,18P4)
Gpn07
Schemo Estate
Notice to Debtors and Creditors
All creditors of the Estate of JACOBO SCHEMO, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 17th day of November, 2008.
Nathan Schemo
Executor/Administrator
4618 Clary Lakes Dr.
Roswell, GA 30075
(NV27,DC4,11,18P4)
Gpn07
Samples Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHN EVERETT SAMPLES, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 13 day of November, 2008.
Peggy Samples Tingle
Executor/Administrator
403 Tarpon Ave. #301
Fernandina Beach, Florida 32034
(NV27,DC4,11,18P4)
Gpn07
Ayers Estate
Notice to Debtors and Creditors
All creditors of the Estate of COY LEE AYERS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12 day of November, 2008.
Delwin H. Smith
Executor/Administrator
1117 Coldwater Creek Rd.
Dewy Rose, GA 30634
(NV27,DC4,11,18P4)
Gpn07
Baugh Estate
Notice to Debtors and Creditors
All creditors of the Estate of BONNIE SUE BAUGH, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 14 day of November, 2008.
Laverne Hutchins
Executor/Administrator
126 Laurel Bluff Lane
Gillsville, GA 30543
(NV27,DC4,11,18P4)
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 OFELIA BRIDGEFORD and STEPHEN BRIDGEFORD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 25, 2005, in the amount of $477,050.00, and recorded in Deed Book 258, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee by assignment, the undersigned, The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee 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, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.19 acres, more or less, designated as Lot 11 on a plat of survey prepared for Hammers Glen The Reserve Subdivision by Lovell, Duvall, Miller and Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, 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 202 Hansens Ridge, 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 Ofelia Bridgeford and Stephen Bridgeford 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 formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee Attorney in Fact for Ofelia Bridgeford and Stephen Bridgeford
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-26333 /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.
(DC11,18,25,JA1B/1325-60)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from TAMMY HOLLOWAY to COMMUNITY BANK & TRUST, dated February 26, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 301, Page 584, said Security Deed being given to secure a Note dated February 26, 2007, in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED TWELVE AND 00/100 ($163,112.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, (January 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County, Georgia, designated as Tract Nos. 7 and 8, containing 1.76 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, R.S., under date of March 20, 1979, a copy of said plat being of record in the office of the Clerk of Superior court of Banks County, Georgia, in Plat Book 7, Page 150, to which said plat and the record thereof reference is hereby made for a more complete description.
Said property is known as 1900 Scenic Terrace Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of TAMMY HOLLOWAY, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for TAMMY HOLLOWAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/1326-60P)
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 CLIFF SIKES to FIRST FRANKLIN A DIVISION of NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 by assignment recorded in Deed Book 330, Page 620, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset -Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(DC11,18,25,JA1B/12062-6OT1P)
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 KENNETH L. HULSEY to AIG FEDERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment recorded in Deed Book 332, Page 150, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), 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 January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, 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.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-interest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vb1 1/6/09
Our file no. 51916008-FT12
EXHIBIT A
All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description.
(DC11,18,25,JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale contained in that certain Georgia Security Deed & Security Agreement from DREAM RIVER INVESTMENTS, INC. to BRANCH BANKING & TRUST COMPANY, dated June 10, 2004, and recorded in Deed Book 239, Page 267, Banks County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stated in said Note 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 at Banks County, Georgia, within the legal hours of sale on Tuesday, January 6, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Dream River Investments, Inc. or a tenant or tenants, and said property is more commonly known as Tract 49, 5.009 acres, more or less, BANKS COUNTY, GEORGIA. However, please only rely on the attached legal description for the location of the property.
Branch Banking & Trust Company
Attorney in Fact for Dream River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 5.009 acres, more or less, being on the southwesterly side of County Road No. 62, and being designated as Tract 49 and more particularly shown and delineated on a plat of survey entitled “Survey for: Silvermill Farms,” dated December 18, 1995, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, and recorded at Plat Book 22, Page 44, 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. Together with the right of ingress and egress to the above referenced property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access strip being reserved in a Warrant Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, Banks County Records.
(DC11,18,25,JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JONATHAN S. LYNTON to GEORGIA BUSINESS CAPITAL, INC., dated January 30, 2008, and recorded in Deed Book 320, Page 248, Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $80,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, to wit: January 6, 2009, the following described property:
All that tract or parcel of land lying and being in G.M.D. 371 of Banks County, Georgia, consisting of 2.60 acres, and being more fully shown as Tract #12, of Crystal Lake on a plat of survey dated April 14, 1985, revised May 14, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 165. Said plat is hereby incorporated herein by reference and made a part of the property description.
This conveyeance is made subject to Declaration of Covenants and Restrictions recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 37, Pages 732-734.
For information purposes only:
Map/Parcel ID Number: B57E-022
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 340 Lakeview Drive, Baldwin, GA 30511 is (are): Jonathan S. Lynton or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Georgia Business Capital, Inc. as attorney in fact for Jonathan S. Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-1009
(DC11,18,25,JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JUDY BROOKSHIRE to ALLIANCE FUNDING a Division of Superior Bank FSB, dated February 16, 2000, recorded in Deed Book 153, Page 40, Banks County, Georgia Records, as last transferred to LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY THOUSAND AND 0/100 DOLLARS ($70,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Judy Brookshire or a tenant or tenants and said property is more commonly known as 274 Water Plant Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated March 1, 2000 among AFC Trust Series 2000-1, as Issuer, Superior Bank FSB as Attorney in Fact for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cm8 1/6/09
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 465, Banks County, GA known as Lot 6, Unit 1, River Run Estates Subdivision as shown on survey recorded in the Clerk’s Office of the Superior Court of Banks Co, GA in Plat Book 13, Page 99. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also included is one 1996 Pioneer Mobile Home I.D.
#PH401GA8428A & #PH401GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CHRISTIE LEE BROOME to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 13, 2004, and recorded in Deed Book 243, Page 743, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment securing a Note in the original principal amount of $71,200.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 6, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 912th District of Banks County, Georgia and containing .667 acres, more or less, according to a plat of survey prepared by North Central Land Surveying, Registered Surveyors, dated December 18, 1991, and being recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia in Plat Book 17, Page 7. Said plat and the record thereof are herein incorporated for a full and complete legal description. Being the same property conveyed to Christie Lee Broome, by deed dated September 28, 2000, of record in Book 162, Page 519, in the Office of the Superior Court Clerk of Banks County, Georgia.
Said property is known as 263 Bertha Gragg Road, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Christie Lee Broome, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Christie Lee Broome, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association as Trustee By Residential Funding Company, LLC FKA Residential Funding Corporation Attorney in Fact as Attorney-in-Fact for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC11,18,25,JA1B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER ns HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 29, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed Records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 PAMELA ANN FOSTER ns HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER ns HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC11,18,25,JA1B/16022-60T1P)
Gpn16
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
V-08-06 - Charles and Brenda Nix - A variance application for setbacks from poultry houses for newly drawn property lines at 594 Henderson Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-08-11 - Regions Bank - A conditional use application for hospitals and clinics at 30931 Hwy. 441 South. This property is zoned C-2, General Commercial.
An ordinance to amend Article III entitled “Litter Control” of the zoning resolution of Banks County, Georgia, by adding a new section 70-67, entitled “Transportation of litter” to provide that litter shall be transported in a covered motor vehicle; to provide for a new effective date; to repeal conflicting ordinances and resolutions; and for other purposes.
The above items are on file in the office of the Banks County Planning Commission and available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, January 6, 2009, at 7 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, January 13, 2009, at 6:30 p.m., in the board room at the Banks County Courthouse annex at 150 Hudson Bridge. Interested persons are invited to appear and comment.
This 10th day of December, 2008.
(DC18B/069-30)
Gpn07
Kennedy Estate
Notice to Debtors and Creditors
All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 9th day of December, 2008.
Thomas Wiley Kennedy,
Executor of the Estate of Sue Grier Kennedy
530 Hwy. 164
Commerce, Ga. 30529
(DC18,25,JA1,8P4)
Gpn07
Henderson
Estate
Notice to Debtors and Creditors
Georgia, Banks County
All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are hereby notified to render in their demands to the undersigned, according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of December, 2008.
William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr.
c/o R. Thad McCormack, P.C.
1730 Thompson Bridge Road
Gainesville, GA 30501
(DC18,25,JA1,8P4)
Gpn07
Whitfield Estate
Notice to Debtors and Creditors
All creditors of the Estate of ELEANOR S. WHITFIELD, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 19 day of November, 2008.
Mitch Whitfield
Executor/Administrator
1355 Scales Creek Rd.
Homer, GA
(DC11,18,25,JA1P4)
Gpn1
Wood Estate
Georgia, Banks County Probate Court
Notice
JANET S. WOOD has petitioned to be appointed Administrator of the estate of DANIEL AARON WOOD, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before December 29, 2008. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(DC4,11,18,25P4)
Gpn18
Patterson Estate
Georgia, Banks County Probate Court
Notice
JAMES PATTERSON has petitioned to be appointed Administrator of the estate of BARBARA PATTERSON, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before December 19, 2008. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(NV27,DC4,11,18P4)
Gpn07
Schemo Estate
Notice to Debtors and Creditors
All creditors of the Estate of JACOBO SCHEMO, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 17th day of November, 2008.
Nathan Schemo
Executor/Administrator
4618 Clary Lakes Dr.
Roswell, GA 30075
(NV27,DC4,11,18P4)
Gpn07
Samples Estate
Notice to Debtors and Creditors
All creditors of the Estate of JOHN EVERETT SAMPLES, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 13 day of November, 2008.
Peggy Samples Tingle
Executor/Administrator
403 Tarpon Ave. #301
Fernandina Beach, Florida 32034
(NV27,DC4,11,18P4)
Gpn07
Ayers Estate
Notice to Debtors and Creditors
All creditors of the Estate of COY LEE AYERS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12 day of November, 2008.
Delwin H. Smith
Executor/Administrator
1117 Coldwater Creek Rd.
Dewy Rose, GA 30634
(NV27,DC4,11,18P4)
Gpn07
Baugh Estate
Notice to Debtors and Creditors
All creditors of the Estate of BONNIE SUE BAUGH, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 14 day of November, 2008.
Laverne Hutchins
Executor/Administrator
126 Laurel Bluff Lane
Gillsville, GA 30543
(NV27,DC4,11,18P4)


Recent Comments